Foreign court judgments and the United States legal system

書誌事項

Foreign court judgments and the United States legal system

edited by Paul B. Stephan

(Sokol colloquium, v. 7)

Brill Nijhoff, c2014

  • : hardback

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注記

"26th Sokol Colloquium"--Cover

Includes bibliographical references

内容説明・目次

内容説明

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.

目次

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"

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