Abstention

Eighth Circuit Weighing Adoption of Foreign Relations Abstention

The Eighth Circuit will soon hear an interlocutory appeal to consider permitting abstention based on foreign relations concerns. In Reid v. Doe Run Resources Corp. (as the case is captioned on appeal), Peruvian citizens allege they were seriously harmed as children by toxic substances emitted by a metallurgical refining complex in Peru and that this…

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A Primer on International Comity

The Supreme Court in Hilton v. Guyot (1895) famously defined international comity as “the recognition which one nation allows within its territory to the legislative, executive or judicial acts of another nation.” That definition is incomplete, however, as comity encompasses much more than the recognition of foreign acts. The Restatement (Fourth) of Foreign Relations Law…

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The Political Question Doctrine in the Lower Courts

Curt Bradley and Eric Posner have posted to SSRN a fascinating new paper about the political question doctrine. In The Real Political Question Doctrine, they take an empirical look at cases applying the doctrine in the lower federal courts since the Supreme Court’s 1962 decision in Baker v. Carr. Among other things, they find that…

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How Do Federal Courts Treat Foreign Parallel Litigation?

The Supreme Court has not explained how federal judges should evaluate parallel litigation in foreign courts. If the same parties are litigating the same issues before a foreign tribunal, should the federal court stay its hand? Or should it proceed until one or the other of the cases results in a judgment? The traditional European…

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Ingrid (Wuerth) Brunk

Vanderbilt Law School
ingrid.wuerth@vanderbilt.eduEmail

William Dodge

George Washington University Law School
william.dodge@law.gwu.eduEmail

Maggie Gardner

Cornell Law School
mgardner@cornell.eduEmail

John F. Coyle

University of North Carolina School of Law
jfcoyle@email.unc.eduEmail

Zachary D. Clopton

Northwestern Pritzker School of Law
zclopton@law.northwestern.eduEmail

Nora Fangzhou Long

UC Davis School of Law
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Brett Lingguang Wang

Beijing Dacheng Law Offices, LLP
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Amanda Yunshu Li

Beijing Dacheng Law Offices, LLP
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Ted Folkman

Rubin and Rudman LLP
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Melissa Stewart

Georgetown University Law Center
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Matt Slovin

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