Foreign Court Judgments and the United States Legal System, edited by Paul B. Stephan, gathers essays from leading thinkers, scholars and practitioners in international law to address the recognition and enforcement of foreign court judgments in the United States legal system. Divided into two Parts entitled Existing Doctrine and the Fourth Restatement, and Statutory Reform of the Law of Recognition and Enforcement, the volume collects a diverse range of topics, including a defense of territorial sovereignty, a consideration of its undergirding doctrine of refusal to recognize or enforce foreign penal and revenue judgments, and an examination of the role of the Supreme Court as the ultimate expositor and interpreter of a federal statute, among many others.
Foreign Court Judgments and the United States Legal System offers a nuanced and thorough collection of analyses from experts in the field regarding a multifarious and often contentious aspect of international law.
Paul B. Stephan is the John C. Jeffries, Jr. Distinguished Professor of Law, David H. Ibbeken ’71 Research Professor, and Graduate Studies Program Director at the University of Virginia School of Law. An expert on international business and Soviet and post-Soviet legal systems, Stephan has advised governments and international organizations, organized conferences, edited books and lectured to professionals, university groups and high school students on a variety of issues raised by the globalization of the world economy and the transition away from Soviet-style socialism. During 2006-07, he served as counselor on international law in the U.S. Department of State. Other interests for Stephan, who joined the University of Virginia’s law faculty in 1979, include international law, taxation and constitutional law.
Table of contents
Paul B. Stephan, Introduction
PART I: EXISTING DOCTRINE AND THE FOURTH RESTATEMENT
Chapter One: George Rutherglen and James Y. Stern, “Sovereignty, Territoriality, and the Enforcement of Foreign Judgments”
Chapter Two: Pamela K. Bookman, “Once and Future U.S. Litigation”
Chapter Three: William S. Dodge, “The Penal and Revenue Rules, State Law, and Federal Preemption”
Chapter Four: Paul B. Stephan, “Unjust Legal Systems and the Enforcement of Foreign Judgments”
PART II: STATUTORY REFORM OF THE LAW OF RECOGNITION AND ENFORCEMENT
Chapter Five: Linda Silberman, “The Need for a Federal Statutory Approach to the Recognition and Enforcement of Foreign Country Judgments”
Chapter Six: Keith Loken, “The Current U.S. Judgments Agenda”
Chapter Seven: Peter D. Trooboff, “Implementing Legislation for the Hague Choice of Court Convention”
Chapter Eight: David P. Stewart, “Implementing the Hague Choice of Courts Convention: The Argument in Favor of ‘Cooperative Federalism’”
Chapter Nine: Kevin L. Cope, “Reconceptualizing Recognition Uniformity”
Chapter Ten: Timothy J. McEvoy, “Common Law Versus Statutory Approaches to Enforcing Foreign Judgments”
All those interested in international law and the United States legal system.