Law Commons^™

Rhetoric And Reality In The Law Of Federal Courts: Professor Fallon's Faulty Premise, Michael L. Wells

Scholarly Works

Richard Fallon's recent article, "The Ideologies of Federal Courts Law," [74 Va. L. Rev. 1141 (1988)] offers valuable insights into a bewildering body of Supreme Court doctrine. He effectively demonstrates the "substantial doctrinal instability" of this body of law, and also discerns a pattern amid the chaos. Fallon's treatment of the case law and the scholarship is fair-minded, meticulous, and incisive.

I disagree, however, with one aspect of Fallon's thesis. In my view, he falters when identifying sources of the discontinuity in the doctrine. In Part I of his article he argues that the decisions reflect "two sets of incompatible …

Transnational Discovery In The Extraterritorial Application Of U.S. Antitrust Laws, Maria Eugenia Gimenez

LLM Theses and Essays

After World War II, there was a push for economic integration to promote growth and prevent conflict. Multinational corporations became key players, but their mobility and links to different countries created legal challenges, with nations seeking to assert their laws and policies over foreign entities. U.S. courts’ efforts to compel compliance with antitrust laws abroad can lead to conflicts with foreign jurisdictions, especially concerning the disclosure of evidence held by foreign entities. The “effects doctrine” allows U.S. antitrust laws to be applied to foreign conduct if they have intended economic effects in the U.S. Subsequent cases refined this doctrine, considering …