Law Commons^™

The Recent Decline And Fall Of Freedom Of The Press In English Law, Vaughan T. Bevan

Vanderbilt Journal of Transnational Law

A television company broadcasts a program criticizing a nationalized corporation and disclosing documents passed to it secretly by one of the corporation's employees. The corporation asks the television company to reveal the identity of the employee. The television company refuses and eight of nine judges ultimately decide that the refusal is unjustified.

That, in essence, is the story of British Steel Corp. v. Granada Television, Ltd. If this situation had arisen in the United States, legal consequences probably would be unremarkable in view of the law's considerable experience with such matters. The novelty posed for English law, however, and the …

Extraterritorial Effects Of United States Commercial And Antitrust Legislation: A View From "Down Under", Warren Pengilley

Vanderbilt Journal of Transnational Law

British Commonwealth lawyers, in general, and Australian lawyers, in particular, traditionally maintain a conservative view of the extraterritorial reach of commercial legislation. As a result of the Alcoa decision in 1945, if not earlier decisions, the United States courts have espoused fairly grand ideas on the stretch of their judicial writ. In fact, the "effects" doctrine was first proclaimed in 1909 by the United States Supreme Court in American Banana Co. v. United Fruit Co. In this case, the Court proclaimed that the United States has the power to punish "acts done outside [the] jurisdiction but intended to produce and …