Foreign court judgments and the United States legal system / edited by Paul B. Stephan.

Format:

Book

Conference/Event

Author/Creator:

Sokol Colloquium, Corporate Author.

Contributor:

Stephan, Paul B., editor.

Conference Name:

Sokol Colloquium (26th : 2013 : University of Virginia School of Law)

Sokol Colloquium

Series:

Sokol colloquium (Martinus Nijhoff Publishers) ; Volume 7.

Sokol Colloquium, 1873-6572 ; Volume 7

Language:

English

Subjects (All):

Judgments, Foreign--United States.

Judgments, Foreign.

Conflict of laws--Jurisdiction--United States.

Conflict of laws.

Hague Convention on Choice of Court Agreements (2005 June 30).

Hague Convention on Choice of Court Agreements.

Physical Description:

1 online resource (196 p.)

Place of Publication:

Leiden, Netherlands : Brill, 2014.

Language Note:

English

Summary:

Foreign Court Judgments and the United States Legal System , edited by Paul B. Stephan, gathers essays from leading thinkers, scholars and practitioners in international law to address the recognition and enforcement of foreign court judgments in the United States legal system. Divided into two Parts entitled Existing Doctrine and the Fourth Restatement, and Statutory Reform of the Law of Recognition and Enforcement, the volume collects a diverse range of topics, including a defense of territorial sovereignty, a consideration of its undergirding doctrine of refusal to recognize or enforce foreign penal and revenue judgments, and an examination of the role of the Supreme Court as the ultimate expositor and interpreter of a federal statute, among many others. Foreign Court Judgments and the United States Legal System offers a nuanced and thorough collection of analyses from experts in the field regarding a multifarious and often contentious aspect of international law.

Contents:

Preliminary Material

Introduction / Paul B. Stephan

1 Sovereignty, Territoriality, and the Enforcement of Foreign Judgments / George Rutherglen and James Y. Stern

2 Once and Future U.S. Litigation / Pamela K. Bookman

3 The Penal and Revenue Rules, State Law, and Federal Preemption / William S. Dodge

4 Unjust Legal Systems and the Enforcement of Foreign Judgments / Paul B. Stephan

5 The Need for a Federal Statutory Approach to the Recognition and Enforcement of Foreign Country Judgments / Linda J. Silberman

6 The Current U.S. Judgments Agenda / Keith Loken

7 Implementing Legislation for the Hague Choice of Court Convention / Peter D. Trooboff

8 Implementing the Hague Choice of Court Convention: The Argument in Favor of “Cooperative Federalism” / David P. Stewart

9 Reconceptualizing Recognition Uniformity / Kevin L. Cope

10 Common Law versus Statutory Approaches to Enforcing Foreign Judgments: The Australian Experience / Timothy J. McEvoy.

Notes:

Includes index.

Description based on print version record.

ISBN:

90-04-27892-3

OCLC:

884646386

Publisher Number:

10.1163/9789004278929 DOI