85 research outputs found
Comment on Judge F. Weis, Jr., Service by Mail—Is the Stamp of Approval From the Hague Convention Always Enough?
Joseph F. Weis Jr\u27s theories regarding US procedural policymaking and service by mail from the Hague Convention are examined. Weis explores two themes that run through US civil procedure: counterintuitive instrumentalism and underlying pragmatism
Book Review of The Role of Courts in American Society: The Final Report of the Council on the Role of Courts
None availabl
Compensatory Contempt: Plaintiff\u27s Remedy When Defendant Violates an Injunction
None availabl
Irreparability Resurrected?: Does a Recalibrated Irreparable Injury Rule Threaten the Warren Court\u27s Establishment Clause Legacy?
Collecting a Libel Tourist\u27s Defamation Judgment?
A libelplaintiffsued an American defendant in aforeign nation where he took advantage ofplaintiff-favoring defamation Law to obtain a heftyjudgment. He brings this judgment to the defendant\u27s state in the United States to collect from her bank account. The defendant \u27s state\u27s court could not have entered the plaint /ffs judgment because offirst-Amendment doctrines that stem from New York Times v. Sullivan. How should the U.S. court respond to the libel tourist and his judgment? This succinct Article summarizes the tangled tale that emerges. Invoking the First Amendment under a public-policy exception to comity, U.S. courts have rejectedforeign-nation defamation judgments. State legislation has buttressed these decisions. Bills have been introduced in Congress to repel these judgments at the water\u27s edge. Against this tide, the following Article maintains that courts in the United States ought to take a more cautious and nuanced approach and recognize at least some overseas defamation judgments
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