Transnational discovery and foreign law in U.S. courts
著者
書誌事項
Transnational discovery and foreign law in U.S. courts
(Elgar monographs in private international law)
Edward Elgar, [2024] , , c2024
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注記
Content Type: text (rdacontent), Media Type: unmediated (rdamedia), Carrier Type: volume (rdacarrier)
Bibliography: pages 167-170
Includes index
Summary:"Analyzing the intricacies of international civil litigation, this book explores the rules and practices, as well as the differences and conflicts, that occur in this important area of law. Grihobou Roland Nombre focuses his examination on the U.S. Supreme Court and the Hague Evidence Convention, highlighting the problems that can arise when an international convention is optionally adhered to. Nombre expands on the treatment of foreign law in American discovery practice predating the Hague Evidence Convention, as interpreted in the landmark Aerospatiale case and thereafter. He investigates how U.S. courts determine the applicability of foreign law to discovery, its content, the dismissal of or deference to it, or otherwise accommodation of it. He studies how foreign law treatment evolved following the U.S. Supreme Court's violation of its own precedent in United States v. Percheman about the interpretation of treaties authenticated in multiple languages. "
