Reconceptualizing Recognition Uniformity

Kevin L. Cope

University of Virginia School of Law

March 15, 2014

Foreign Court Judgments and the U.S. Legal System (2014)

An often-cited basis for implementing a federalized foreign judgments recognition-and-enforcement regime is to create predictability for litigants by achieving uniformity. But the debate over federalization has largely misconceptualized uniformity, focusing on the nonuniformity of state statutory regimes, rather than outcome uniformity, that is, past litigant and court behavior. And there is little evidence that the federalized alternative would produce significantly more outcome uniformity than the current state-by-state approach. Therefore, while federalization may have other advantages, the uniformity justification currently lacks adequate theoretical and empirical support. Accordingly, the practical consequences of choosing one approach over the other may be less significant than much of the current discourse suggests.

Number of Pages in PDF File: 14

Keywords: foreign judgments, private international law

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Date posted: March 16, 2014 ; Last revised: May 10, 2015

Suggested Citation

Cope, Kevin L., Reconceptualizing Recognition Uniformity (March 15, 2014). Foreign Court Judgments and the U.S. Legal System (2014). Available at SSRN: https://ssrn.com/abstract=2409494

Contact Information

Kevin L. Cope (Contact Author)
University of Virginia School of Law ( email )
580 Massie Road
Charlottesville, VA 22903
United States
HOME PAGE: http://www.kevinlcope.com

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