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Cultural Intolerance and Aversion to Foreign Judgments in the American States

Author

Listed:
  • Efrat Asif

    (Interdisciplinary Center (IDC) Herzliya, Tel Aviv, Israel)

  • Newman Abraham L.

    (Director of the Mortara Center for International Studies, Georgetown University, Washington, DC, USA)

Abstract

Is there hostility toward things foreign in the US legal system? Existing work examines the success of foreign litigants in American courts and fails to find clear evidence for the existence of xenophobia. We propose to shift the debate toward the legislative framework underlying transnational litigation. Specifically, this study examines the willingness to facilitate the enforcement of foreign judgments through state legislation. Our statistical analysis finds that cultural attitudes do matter: where society exhibits intolerance and xenophobia, foreign judgments are less welcome. By demonstrating how cultural attitudes shape the law, this study contributes to the debate on the social origins of legal norms, and also advances the analysis of legal-system interaction in the age of globalization.

Suggested Citation

  • Efrat Asif & Newman Abraham L., 2018. "Cultural Intolerance and Aversion to Foreign Judgments in the American States," Asian Journal of Law and Economics, De Gruyter, vol. 9(2), pages 1-15, August.
    • Handle: RePEc:bpj:ajlecn:v:9:y:2018:i:2:p:15:n:5
    DOI: 10.1515/ajle-2018-0001
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    References listed on IDEAS

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    More about this item

    Keywords

    culture; foreign judgments; United States;
    All these keywords.

    JEL classification:

    • C41 - Mathematical and Quantitative Methods - - Econometric and Statistical Methods: Special Topics - - - Duration Analysis; Optimal Timing Strategies
    • F50 - International Economics - - International Relations, National Security, and International Political Economy - - - General
    • K41 - Law and Economics - - Legal Procedure, the Legal System, and Illegal Behavior - - - Litigation Process

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