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- Title
The Tragedy of Comity: Questioning the American Treatment of Inadequate Foreign Courts.
- Authors
Fitt, Virginia A.
- Abstract
The article discusses the administration by U.S. courts of a tempered comity that decline to defer to foreign systems rife with corruption. A case being tried in a corrupt but ostensibly more convenient court is the result of the evolution of a comity into a nearly insurmountable barrier of litigants challenging a forum non conveniens dismissal. The evidentiary burden for plaintiffs to overcome the decreased presumption of adequacy should be reduced by U.S. courts.
- Subjects
UNITED States; COMITY of nations; TRIAL courts; FORUM non conveniens; REASONABLE care (Law); INTERNATIONAL law
- Publication
Virginia Journal of International Law, 2010, Vol 50, Issue 4, p1021
- ISSN
0042-6571
- Publication type
Article