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Note: Hugh Scott Hunsaker, The Texas Dissimilarity
Doctrine as Applied to the Tort Law of Mexico: A Modern Evaluation, 55 TEXAS
L. REV. 1281 (1977). The dissimilarity doctrine is a judicial rule
requiring a forum court to dismiss suits when the conflict-of-laws rules
demand application of a foreign law that differs substantially from the
law of the forum. Except
Texas, virtually all American jurisdictions have discredited and
abandoned the once-favored doctrine in favor of a more straightforward
refusal to enforce foreign law that violates the public policy of the
forum. Texas has limited
the doctrine to dismissal of tort cases that require examination of
Mexican law. This Note examines Texas’ application of the dissimilarity doctrine to Mexican tort law and the policies underlying that application. It concludes that the doctrine does not adequately effectuate those policies and that the courts should abandon the per se rule and return to a case-by-case determination of dissimilarity consistent with the policies to be served. It also notes that the basis for the doctrine is incorrect in light of substantial changes in both Texas and Mexican tort law since the adoption of the per se rule. |
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