Mexican law in Texas courts and the role of judicial interaction
Bellows, Elizabeth Carmichael
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This thesis explores issue of whether Texas courts are currently capable of applying and willing to apply Mexican law. Texas courts and legal practitioners have historically been unwilling to trust or to apply Mexican law. This thesis explores the doctrines and legal rules that Texas courts have used to avoid Mexican law in the past and into the present. It then examines the few cases in which Texas courts have applied Mexican law to determine that even when applying Mexican law, the courts express uncertainty or an unwillingness to rely entirely on Mexican law. This thesis then describes recent reforms to the Mexican judiciary that should obviate some of Texas courts’ major concerns. However, Texas courts still do not willingly or comfortably apply Mexican law. This thesis concludes by suggesting that the comparative law doctrine of judicial dialogue, or communication among judges, offers the best chance for Texas judges to trust Mexican law enough to apply it. The paper ends with some proposals to implement this exchange.