This Comment argues that, although the New York Supreme Court reached the correct opinion in Bachchan v. India Abroad Publ., but the scope of the court's decision must be limited limited in its application with respect to future enforcement proceedings involving non-U.S. libel judgments. Part I examines the contrasting defamation standards in the United States and Great Britain, and details the concept of comity. Part II sets forth the factual and procedural history of the case and examines the opinion of the court. Part III analyzes the Bachchan decision and argues that, while the result was appropriate to the facts before the court, its application must be limited in future libel cases. This Comment concludes that future enforcement of non-U.S. libel judgments should be subject to a constitutional analysis on a case-by-case basis.
Gregory T. Walters,
Bachchan v. India Abroad Publication Inc.: The Clash Between Protection of Free Speech in the United States and Great Britain,
16 Fordham Int'l L.J. 895
Available at: http://ir.lawnet.fordham.edu/ilj/vol16/iss3/10