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Litigation

Duke Law

1994

Articles 1 - 7 of 7

Full-Text Articles in Law

Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost Oct 1994

Confidentiality And Disclosure In Accreditation, Timothy Stoltzfus Jost

Law and Contemporary Problems

The law and the internal policies of accrediting entities have protected the confidentiality of accreditation information, but regulators who rely on accreditation decisions for public purposes are demanding greater access to this information. The litigation involving access to accrediting information is examined.


The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker Jul 1994

The Federal Rules Of Civil Procedure In The Context Of Transnational Law, George K. Walker

Law and Contemporary Problems

The development of exceptions in the Rules of Civil Procedure and federal statutes that apply only to litigants outside the US is explored. The Rules should not make exceptions on a blanket basis, as some proposals indicate.


The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank Jul 1994

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

Law and Contemporary Problems

Although the US has been a member of the Hague Conference on Private International Law Since 1964, other members may doubt the US' willingness to abide by the international obligations it has incurred. The US' ambivalence regarding international commitments is examined.


The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born Jul 1994

The Hague Evidence Convention Revisited: Reflections On Its Role In U.S. Civil Procedure, Gary B. Born

Law and Contemporary Problems

A reworking of the basic terms of the Hague Evidence Convention is proposed. Under current law, US courts typically do not employ the Convention's evidence-taking mechanisms when ordering discovery from either a litigant or a witness subject to the court's subpoena power.


International Control Of Civil Procedure: Who Benefits?, Robert B. Von Mehren Jul 1994

International Control Of Civil Procedure: Who Benefits?, Robert B. Von Mehren

Law and Contemporary Problems

The work of the Hague Conference on Private International Law in the field of civil litigation is considered, focusing particularly on the Service Convention and the Evidence Convention. The international community has benefited from the work of the Hague Conference through cooperation under its auspices.


International Control Of International Litigation: Who Benefits?, Hans Smit Jul 1994

International Control Of International Litigation: Who Benefits?, Hans Smit

Law and Contemporary Problems

The enormous growth of international intercourse Since WWII has brought a corresponding increase in litigation with international aspects. Problems associated with adjudication by domestic courts of disputes with international aspects are considered.


Thoughts About A Multinational Judgments Convention: A Reaction To The Von Mehren Report, Andreas F. Lowenfeld Jul 1994

Thoughts About A Multinational Judgments Convention: A Reaction To The Von Mehren Report, Andreas F. Lowenfeld

Law and Contemporary Problems

Arthur von Mehren's proposal for a mixed convention for jurisdiction and multinational judgments is examined. A theory for what a sound convention on the recognition and enforcement of judgments should contain is proposed.