Abstract

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Xenophilia or Xenophobia in American Courts? Before and After 9/11


Kevin M. Clermont


Cornell Law School

Theodore Eisenberg


Cornell University - Law School

November 2006

Cornell Legal Studies Research Paper No. 06-018

Abstract:     
This article revisits the controversy regarding how foreigners fare in U.S. courts. The available data, if taken in a sufficiently big sample from numerous case categories and a range of years, indicate that foreigners have fared better in the federal courts than their domestic counterparts have fared. Thus, the data offer no support for the existence of xenophobic bias in U.S. courts. Nor do they establish xenophilia, of course. What the data do show is that case selection drives the outcomes for foreigners. Foreigners' aversion to U.S. forums can elevate the foreigners' success rates, when measured as a percentage of judgments rendered. Yet that aversion waxes and wanes over the years, having generally declined in the last twenty years but with an uptick subsequent to 9/11. Accordingly, that aversion has caused the foreigners' advantage to follow the same track.

Number of Pages in PDF File: 23

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Date posted: August 11, 2006  

Suggested Citation

Clermont, Kevin M. and Eisenberg, Theodore, Xenophilia or Xenophobia in American Courts? Before and After 9/11 (November 2006). Cornell Legal Studies Research Paper No. 06-018. Available at SSRN: http://ssrn.com/abstract=923595 or http://dx.doi.org/10.2139/ssrn.923595

Contact Information

Kevin M. Clermont (Contact Author)
Cornell Law School ( email )
Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-5189 (Phone)
607-255-7193 (Fax)
Theodore Eisenberg
Cornell University - Law School ( email )
524 College Ave
Myron Taylor Hall
Ithaca, NY 14853
United States
607-255-6477 (Phone)
607-255-7193 (Fax)
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