JUDICIAL ASSISTANCE AS INTENDED: RECONCILING § 1782'S PRESENT PRACTICE WITH ITS PAST.
In: Columbia Law Review, Jg. 123 (2023-03-01), Heft 2, S. 513-547
Online
academicJournal
Zugriff:
When litigation outside the United States needs discovery inside the United States, U.S. judges provide assistance to their foreign counterparts. 28 U.S.C. § 1782 was designed to provide the statutory mechanism for this form of judicial assistance. But a recent empirical study has shown that, nowadays, a majority of requests for discovery assistance under 28 U.S.C. § 1782 come from private parties rather than from tribunals. And the proportion of private-party § 1782 requests has been growing in recent years. Drawing on the history of judicial assistance in general and § 1782 in particular, this Note argues that there are two problems when U.S. judges assist private parties abroad. One, doing so is inconsistent with the historical understanding of the judicial power vested in the federal judiciary. Two, this assistance is inconsistent with Congress's intent in legislating § 1782. To avoid these problems, this Note proposes that U.S. judges adopt the presumptive requirement that the foreign tribunal must consent to the private-party request for judicial assistance. [ABSTRACT FROM AUTHOR]
Titel: |
JUDICIAL ASSISTANCE AS INTENDED: RECONCILING § 1782'S PRESENT PRACTICE WITH ITS PAST.
|
---|---|
Autor/in / Beteiligte Person: | Rubinstein, David |
Link: | |
Zeitschrift: | Columbia Law Review, Jg. 123 (2023-03-01), Heft 2, S. 513-547 |
Veröffentlichung: | 2023 |
Medientyp: | academicJournal |
ISSN: | 0010-1958 (print) |
Schlagwort: |
|
Sonstiges: |
|