BEYOND BORDERS: DISASSEMBLING THE STATE-BASED MODEL OF FEDERAL FORUM FAIRNESS.

Research output: Contribution to journalArticlepeer-review

Abstract

The article discusses the influence of trusting the proof of state and state-based district connections over results of litigations in the U.S. It notes that the American due process has been a distinct identity of the U.S. being that civil litigants are given rights to participate in judicial proceedings. It emphasizes that the major factor in determining the participation in litigation is the forum that the judicial proceedings takes place. Through substantial cost or logistical complexity, the forum is made available for the litigant. The article concludes with connotation that greater forum fairness could be ensured through an approach based on incentives with the court involvement given limited involvement in negotiations for trial location.
Original languageEnglish (US)
Pages (from-to)2897-2945
Number of pages49
JournalCardozo Law Review
Volume30
Issue number6
StatePublished - Jun 1 2009

Keywords

  • UNITED States
  • ACTIONS & defenses (Law)
  • DUE process of law
  • CIVIL rights -- United States
  • JUDICIAL process
  • PROCEDURE (Law)

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