Enforcement of U.S. Electronic Discovery Law Against Foreign Companies: Should U.S. Courts Give Effect to the EU Data Protection Directive?

By: Kristen A. Knapp   Enforcing discovery against companies located in foreign nations is not a new phenomenon. The U.S. Supreme Court took up the conflict between U.S. discovery rules and foreign non-disclosure law in a 1958 case.2 Despite more than fifty years to reach a settled jurisprudence regarding how to enforce U.S. law against … [Read more…]

“To Remand, or Not to Remand”: Ventura’s Ordinary Remand Rule and the Evolving Jurisprudence of Futility

By: Patrick J. Glen   Presumably few federal appellate judges are confronted with the Danish prince’s existential angst: “To be, or not to be: that is the question. . . .”1 Nonetheless, a similar ambivalence may be present in the circumstance of judicial review of administrative agency decisions. No less eminent an authority than former … [Read more…]

Simplifying the Prophecy of Justiciability in Cases Concerning Foreign Affairs: A Political Act of State Question

By: Deborah Azar   Justiciability doctrines in the foreign affairs arena have been described as involving large elements of prophecy. First, this article will examine the justifications and application of the political question doctrine in cases involving foreign affairs. Second, this article will discuss the jus- tifications and application of the act of state and … [Read more…]

Evaluating South Africa’s Post-Apartheid Democratic Prospects Through the Lens of Economic Development Theory

By: Jonathan L. Marshfield   Political scientists have identified compelling correlations be- tween economic development and democratic stability. In general, the wealthier and more developed a country, the greater its chances of maintaining a long-term, stable democracy. This Article evaluates whether South Africa’s post-apartheid economic conditions are trend- ing towards conditions that generally correlate to … [Read more…]

It Takes Two to Tango, and to Mediate: Legal Cultural and Other Factors Influencing United States and Latin American Lawyers’ Resistance to Mediating Commercial Disputes

By: Don Peters   This article examines legal cultural and other factors influenc- ing the resistance to mediating commercial disputes displayed by U.S. and Latin American lawyers. After surveying current contexts in which commercial mediation occurs in the United States and in Latin American countries and summarizing data regarding commercial ac- tors’ knowledge of the … [Read more…]

Two Understandings of Supremacy: An Essay

By: Vincent J. Samar   Does the supremacy provision of Article VI of the U.S. Consti- tution undermine the legal force of international law in the United States? Recently, there has been some debate on this issue arising out of the claim that if the U.S. Constitution is “the supreme law of the land,” and … [Read more…]

Reforming Fairness: The Need For Legal Pragmatism in the WTO Dispute Settlement Process

By: Webb McArthur   The World Trade Organization (“WTO”) dispute settlement system is intended to be the central pillar of the international trade system by which trade disputes involving WTO member states are ad- judicated, 1 whether regarding trade in goods, services, or in intellec- tual property rights. 2 However, an innocuous statement such as … [Read more…]