Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Searching For The Peaceable Kingdom (Reviewing Carol Weisbrod, Emblems Of Pluralism), Mark Rosen
Searching For The Peaceable Kingdom (Reviewing Carol Weisbrod, Emblems Of Pluralism), Mark Rosen
Mark D. Rosen
No abstract provided.
Do Codification And Private International Law Leave Room For A New Law Merchant? (Symposium), Mark Rosen
Do Codification And Private International Law Leave Room For A New Law Merchant? (Symposium), Mark Rosen
Mark D. Rosen
No abstract provided.
Exporting The Constitution, Mark Rosen
Exporting The Constitution, Mark Rosen
Mark D. Rosen
If a foreign government enacts a law that would be unconstitutional if passed in the United States, can a foreign judgment based on that law be enforced in an American court? For example, can an American court enforce an English judgment based on English defamation law, which is more pro-plaintiff than the First Amendment permits American law to be? The same issue was presented by recent litigation involving Yahoo!, where a federal district court considered whether it could enforce a French judgment based on a French law that regulated hate speech more broadly than the First American allows American polities …
Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen
Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen
Mark D. Rosen
In an earlier article I demonstrated that American courts are not constitutionally precluded from enforcing foreign judgments based on foreign laws that the Constitution prevents American governments from enacting. (Exporting the Constitution, 53 Emory L. J. 171 (2004)). Consider, for instance, an English defamation judgment based on English law, which is more pro-plaintiff than the First Amendment permits American law to be. I showed that although the English judgment may well be un-American insofar as it come from a non-American polity and reflects political values that are at variance with American constitutional law, neither the judgment itself nor its enforcement …