Due Process and in rem Jurisdiction
The Ninth Circuit Court of Appeals recently held in United States v. Nasri that Fifth Amendment due process is violated if a federal court exercises in rem jurisdiction but lacks custody or constructive control over the property. The district court, Judge Hayes (S.D. Cal.), had held to the contrary, and Judge Bennett dissented from the panel…
Continue Reading*Another* Federal Statute Relating to Foreign Judgments
The standard story relating to the enforcement of foreign judgments in the United States goes something like this: There is a special federal statute—the SPEECH Act—that applies to foreign judgments for libel or defamation. The State Department is currently in the process of drafting a federal statute that would implement the Hague Judgments Convention and…
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