Foreign Law in State Courts
The Yale Journal of International Law recently published my article, Foreign Law on the Ground. The article is a comprehensive study of the treatment of foreign law in U.S. courts. Most the prior scholarship on foreign law in U.S. courts has focused on federal courts and Federal Rule 44.1. My article discusses federal courts, but…
Continue ReadingForeign Law on the Ground
The Yale Journal of International Law recently published my article, Foreign Law on the Ground. This post gives a flavor of the article with an excerpt from the introduction (cleaned up). I will follow up with a second post reviewing findings about foreign law in state courts. Traditionally, U.S. courts labeled foreign law as fact….
Continue ReadingThe Perils of Rule 44.1
Late last month, Judge Malachy E. Mannion of the Middle District of Pennsylvania ruled on a motion for summary judgment in Epsilon-NDT Endustriyel Kontrol Sistemleri Sanayi VE Ticaret, A.S. (“Epsilon”) v. Powerrail Distribution, Inc. (“PowerRail”). From one perspective, this case is an unremarkable business dispute arising out of an international contract. But from another perspective,…
Continue ReadingHow Do Federal Courts Determine Foreign Law?
Sarah Alsaden has recently published her research on how federal district judges are determining the content of foreign law. Under Federal Rule of Civil Procedure 44.1, a federal court’s determination of foreign law is a question of law (not of fact), and “[i]n determining foreign law, the court may consider any relevant material or source,…
Continue ReadingLatest Developments in Ecuadorian Toxic Tort Case
Since at least the early 1990s, Central and South American residents have been litigating in U.S. courts about their exposure to toxic pesticide called dibromochloropropane (“DBCP”). In the latest decision, Marquínez v. Dole Food Company, Judges Andrews in the District of Delaware held that a consolidated action on behalf of 65 Ecuadorian banana plant workers…
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