Is Transnational Litigation a Distinct Field? the Persistence of Exceptionalism in American Procedural Law. - Stanford Journal of International Law

Is Transnational Litigation a Distinct Field? the Persistence of Exceptionalism in American Procedural Law.

By Stanford Journal of International Law

  • Release Date - Published: 2008-06-22
  • Book Genre: Law
  • Author: Stanford Journal of International Law
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Is Transnational Litigation a Distinct Field? the Persistence of Exceptionalism in American Procedural Law. Stanford Journal of International Law read online review & book description:

I. INTRODUCTION: THE QUESTION Is transnational litigation a distinct field in need of its own distinct procedural law? Or are the U.S. procedural rules, largely written many decades ago and mainly with domestic litigation in mind, appropriate for today's civil disputes that are international in scope? The question is of growing importance; in the coming years, the American legal system likely will continue to confront steady growth in the volume of litigation with an international dimension. This transnationalization of court dockets across the United States appropriately brings the return of a recurrent debate among civil procedure scholars--should one set of procedural rules apply to disputes of all kinds, regardless of the specific substance of the dispute? That is, should American procedural law be trans-substantive?

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