About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

9 UCLA L. Rev. 44 (1962)
International Res Judicata and Collateral Estoppel in the United States

handle is hein.journals/uclalr9 and id is 46 raw text is: INTERNATIONAL RES JUDICATA AND COLLATERAL ESTOPPEL IN THE UNITED STATES Hans Smit* Although the recognition given in this country to judgments rendered abroad has received repeated consideration by both courts and commentators,' careful analysis of underlying policy has been rare, if not altogether lacking.2 Indeed, the comparatively few cases concerning the effect of foreign judgments3 evidence a clear judicial inclination to follow preconceived rules rather than to evaluate per- tinent policy,4 and the commentators have generally paid homage to judicial views. * Associate Professor of Law, Columbia University; Director, Columbia Law School Project on International Procedure; LL.B., University of Amsterdam, 1946; LL.M., 1949; A.M., Columbia University, 1953; LL.B., 1958. The author acknowledges his gratitude for critical comment to Professor Willis L. M. Reese of Columbia Law School. I For some of the more important judicial opinions, see cases cited note 4 infra. On the effect of foreign judgments, see generally, 2 BEALE, CONFLICT OF LAWS §§ 429-462.2 (1935); CHESHIRE, PRIVATE INTERNATIONAL LAW 595-645 (5th ed. 1957); DICEY, CONFLICT OF LAWS 388-436 (6th ed. Morris 1949); EHRENZ- WEIG, CONFLICT OF LAWS §§ 45-67 (1959); 3 FREEMAN, JUDGMENTS §§ 1482- 1516 (5th ed. Tuttle 1925); GOODRICH, THE CONFLICT OF LAWS §§ 206-218 (3d ed. 1949); NUSSBAUM, PRINCIPLES OF PRIVATE INTERNATIONAL LAW 229-47 (1943); PIGGOTT, FOREIGN JUDGMENTS AND JURISDICTION (3d ed. 1908); READ, RECOGNITION AND ENFORCEMENT OF FOREIGN JUDGMENTS (1938); STORY, CONFLICT Op LAWS §§ 584-617 (8th ed. 1883); STUMBERO, PRINCIPLES OF CONFLICT OF LAWS 130-33 (2d ed. 1951); Borm-Reid, Recog- nition and Enforcement of Foreign Judgments, 3 INT'L & COMP. L.Q. 49 (1954); Lenhoff, Die Anerkennung Und Vollstreckung Auslaendischer Urteile In Den USA, 19 ZEITSCHRIFr FUE AUSLAENDISCHES UND INTER- NATIONALEs PRiVATaECHT 201 (1954); Reese, The Status in This Country of Judgments Rendered Abroad, 50 COLUM. L. REV. 783 (1950); Yntema, The Enforcement of Foreign Judgments in Anglo-American Law, 33 MICH. L. REv. 1129 (1935); 36 YALE L.J. 542 (1927). Although in the discussion of the effect of foreign judgments reference is generally made to one or more of the three principles advanced in explana- tion of recognition-as to which see text accompanying notes 60-88 infra- an attempt is hardly ever made to analyze the principle assumed to be ap- plicable. See, e.g., CHESHIRE, op. cit. supra note 1, at 596-98; GOODRICH, op. cit. supra note 1, at 631; READ, op. cit. supra note 1, at 58-63; Yntema, supra note 1, at 1145. But cf. Reese, supra note 1, at 783-86. 8 See Nussbaum, Jurisdiction and Foreign Judgments, 41 COLUM. L. REV. 221, 237 (1941); Reese, supra note 1, at 783. The adjective foreign, wherever used in this article, refers to countries outside the United States. 4 When the imprecise concept of comity is advanced as the governing principle, such evaluation is not very possible. See text accompanying notes 62-70 infra. Inasmuch as the doctrine of the legal obligation does not withstand analysis,

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most