Comity and the Lower Courts: Post-Aérospatiale Applications of the Hague Evidence Convention

Abstract

This article examines the application of the U.S. Supreme Court's decision in Aérospatiale by U.S. lower courts. The article notes the difficulties that lower courts have encountered in applying Aérospatiale's case-by-case comity analysis. It considers these difficulties in the context of broader criticisms of the comity doctrine.