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Foreign Court Judgments and the United States Legal System

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Edited by: Paul B. Stephan

ISBN13: 9789004278912
Published: August 2014
Publisher: Brill Nijhoff
Country of Publication: The Netherlands
Format: Hardback
Price: £92.00



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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.

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Subjects:
Other Jurisdictions , USA
Contents:
Paul B. Stephan, Introduction

PART I: EXISTING DOCTRINE AND THE FOURTH RESTATEMENT

Chapter One: George Rutherglen and James Y. Stern, “Sovereignty, Territoriality, and the Enforcement of Foreign Judgments”
Chapter Two: Pamela K. Bookman, “Once and Future U.S. Litigation”
Chapter Three: William S. Dodge, “The Penal and Revenue Rules, State Law, and Federal Preemption”
Chapter Four: Paul B. Stephan, “Unjust Legal Systems and the Enforcement of Foreign Judgments”

PART II: STATUTORY REFORM OF THE LAW OF RECOGNITION AND ENFORCEMENT

Chapter Five: Linda Silberman, “The Need for a Federal Statutory Approach to the Recognition and Enforcement of Foreign Country Judgments”
Chapter Six: Keith Loken, “The Current U.S. Judgments Agenda”
Chapter Seven: Peter D. Trooboff, “Implementing Legislation for the Hague Choice of Court Convention”
Chapter Eight: David P. Stewart, “Implementing the Hague Choice of Courts Convention: The Argument in Favor of ‘Cooperative Federalism’”
Chapter Nine: Kevin L. Cope, “Reconceptualizing Recognition Uniformity”
Chapter Ten: Timothy J. McEvoy, “Common Law Versus Statutory Approaches to Enforcing Foreign Judgments”