• Corpus ID: 149434395

Pleading and Proving Foreign Law in the Age of Plausibility Pleading

@article{Michalski2011PleadingAP,
  title={Pleading and Proving Foreign Law in the Age of Plausibility Pleading},
  author={Roger Michalski},
  journal={Buffalo Law Review},
  year={2011},
  volume={59}
}
Economic and social globalization has increased the volume of globalized litigation, with courts in the United States increasingly called upon to determine questions of foreign law. At best, pleading and proving foreign law in U.S. courts is confusing and cumbersome. At worst, it is incoherent and unpredictable. This is not accidental. The U.S. model draws on two distinct traditions in its approach to questions of foreign law: an adversarial tradition and a court-centered tradition. They do not… 
3 Citations
Buried Treasure: Excavating Foreign Law from Civil Pleadings Filed in U.S. Federal Courts
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Early last summer, I received a phone call from a law student in the litigation department of a large firm. He was working with a team on a case involving Czech law and, as part of a due diligence
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