This Article explores the tools currently available to U.S. courts to determine foreign law. In addition to taking better advantage of all of these tools, U.S. court systems should seriously consider adopting innovative mechanisms to ensure the fair, objective, and expert application of foreign law. This Article explores the availability and advisability of such mechanisms, including the possibility of directly soliciting the assistance of foreign courts and governments when serious doubts arise or there are unsettled questions of foreign law. In examining these important issues, Parts I and II examine the application of foreign law and techniques currently available to U.S. courts to determine foreign law. Part III assesses the shortcomings of these techniques and related concerns addressed by judges and observers. Part IV then sets forth the argument that now is the time to seek out and implement more effective techniques and tools to determine foreign law in U.S. courts. It is important for U.S. courts to avoid unnecessarily shying away from the application of foreign law, particularly given the increasing prevalence of global interaction. The remaining Parts of this Article show that innovative and enhanced techniques may not only help courts streamline the process of determining foreign law, but may also help increase the accuracy of doing so.
