Comity and the Lower Courts: Post-Aérospatiale Applications of the Hague Evidence Convention
The International Lawyer, Vol. 24, No. 2, 1990
15 Pages Posted: 15 Nov 2011
Date Written: November 15, 2011
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.
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