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What is Comity?
Comity is when governments, nations, or political entities mutually recognize legislative, judicial, and executive acts of the other. Comity is derived from the Latin term comitas.
Comity may be treated as a legal oblgigation or simply as goodwill toward the other nation.
Academic Research on Comity
- Comity in international law, Paul, J. R. (1991). Harv. Int'l. LJ, 32, 1. This paper describes how comity works in international law and also how it is a significant foundation in US foreign relations law.
- Against Comity, Weinberg, L. (1991). Geo. LJ, 80, 53. This article presents an argument that courts should be aware of supposed ideals like comity, which is a defense that can defeat meritorious claims for speculative reasons.
- The comity doctrine, Yntema, H. E. (1966). Mich. L. Rev., 65, 9. This paper proposes a sketch of the background to restore the meaning and consider the appropriateness at the current time of the basic principle of the doctrine of comity.
- Escaping" International Comity", Ramsey, M. D. (1997). Iowa L. Rev., 83, 893. This paper defends and explains the observations of comity as a symbol of unexplained authority, imprecise meaning and uncertain application whose use confuses inquiries which are supposed to be clear and distinct and also submerges issues that should otherwise be carefully considered.
- Role of Comity in the Law of Federal Courts, The, Wells, M. (1981). NCL Rev., 60, 59. This article argues that the Supreme Court's opinion does not distinguish between the cases where comity requires restraint and where it does not.
- Taking Comity Seriously: How to Neutralize the Abstention Doctrine, Rehnquist, J. C. (1994). Stanford Law Review, 1049-1114. In this paper, an argument is presented stating that a federal court's abstention is justified in a situation where a duplicative suit is first filed in a state court, and the litigant is provided with an opportunity of raising her federal claim.
- The transformation of international comity, Paul, J. R. (2008). Law & Contemp. Probs., 71, 19. This article traces the shifts in the meaning, purpose and objective of international comity and determines if the changes are based on historical contexts.
- Comity and the Constitution: The Changing Role of the Federal Judiciary, Hufstedler, S. M. (1972). NYUL Rev., 47, 841. This paper gives the reasons as to why the court thinks that it has identified sufficient reasons for deferring to state courts in some cases as it continues to permit access to federal courts in other cases.
- Bankruptcy Code Section 304 and US Recognition of Foreign Bankruptcies: The Trinity of Comity, Morales, S. A., & Deutcsh, B. A. (1983). Bus. Law., 39, 1573. The article explains the bankruptcy section 304 and how the US identifies foreign bankruptcies.
- National regulation of multinational enterprises: An essay on comity, extraterritoriality, and harmonization, Avi-Yonah, R. S. (2003). Colum. J. Transnat'l L., 42, 5. This is a presentation of a paper which attempts to analyze the applications of national laws o MNEs using a conceptual model that answers numerous queries.
- Introduction-The Comity Doctrine, Nadelmann, K. H. (1966). Mich. L. Rev., 65, 1. This essay explains the meaning and origin of the comity doctrine which has dramatically impacted American conflicts law.
- Toward a Jurisprudence of Choice of Law: The Priority of Fairness over Comity, Kogan, T. S. (1987). NYUL Rev., 62, 651. This paper argues that the choice of law is in shambles since conflict scholars have not managed to make the case that the choice of law theory is essential in deciding a wide range of cases.
- Extraterritorial Antitrust and the Concept of Comity, Davidow, J. (1981). J. World Trade L., 15, 500. This article scopes the role played by international comity in the0 context of Sherman Act enforcement and then traces the development of current tests for enforcing antitrust jurisdiction considering international comity.
- Comity and Cooperation: Securities Regulation in a Global Marketplace, Testy, K. Y. (1993). Ala. L. Rev., 45, 927. This paper suggests that the time is right for either the SEC or the Congress to act and limit the extraterritorial application of US securities laws in antifraud cases.