Pleading and Proving Foreign Law in the Age of Plausibility Pleading
Using a comparative and historical approach, this article argues that court systems typically structure the pleading of foreign law according to adversarial or inquisitorial norms. The U.S. model draws on both of these distinct traditions in its approach to questions of pleading and proving foreign law. The article argues that this hybrid approach runs the risk of conceptual incoherence. Pre-existing tensions in the doctrine of pleading foreign law have now been heightened, perhaps to a breaking point, by the recent rise of plausibility pleading. Furthermore, plausibility pleading as applied to foreign law raises important questions about the doctrinal coherence of the post-Iqbal pleading regime.
Wright & Miller: Federal Practice & Procedure
Preferred citation: Roger Michalski, Pleading and Proving Foreign Law in the Age of Plausibility Pleading, 59