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Conflicts in International Tort Litigation between U.S. and Latin American Courts

White Paper On January 11, 2011, the Supreme Court hears argument in two cases on the issue of using state long-arm statutes internationally to assert jurisdiction over foreign corporations that have no contacts with the forum state, but whose products are said to have traveled in a "stream of commerce" which reached the forum state. In J. McIntyre Machinery Ltd.v. Nicastro, No. 09-1343, the petitioner relies in its Reply brief on the federalism arguments of a Federalist Society "White Paper" that is being published here and that also was accepted for publication with the University of Miami's Inter-American Law Review. The international use of state long-arm statutes, however, is only one piece of the situation analyzed in "Conflicts in International Tort Litigation between U.S. and Latin American Courts" by Professor John Baker and Agustin Parise. This White Paper begins with the following Introduction and then incorporates the published law review article...