Much has been written on the forum non conveniens doctrine, yet I nonetheless believe that recent developments in related areas still enable scholars to offer an original perspective on the subject. In this brief essay, I advance the following thesis: the forum non conveniens doctrine developed in response to a specific set of doctrines and specific social phenomena. The waning of some of those doctrines have diminished though not altogether eliminated the need for forum non conveniens, which always has had a suspect status following Erie’s declaration that there is “no federal general common law.” While it is most certainly not the case that the underlying justification for the forum non conveniens doctrine has disappeared entirely, other doctrines may potentially better serve those residual functions. At bottom, then, we are entering an era where the forum non conveniens doctrine is ripe for radical reexamination.
Peter B. Rutledge,
With Apologies to Paxton Blair
, 45 N.Y.U. J. Int'l L. & Pol. 1063
Available at: https://digitalcommons.law.uga.edu/fac_artchop/937