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Full-Text Articles in Law
Jurisdictional Standards (And Rules), Adam I. Muchmore
Jurisdictional Standards (And Rules), Adam I. Muchmore
Journal Articles
This Article uses the jurisprudential dichotomy between two opposing types of legal requirements — “rules” and “standards” — to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible.
The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency …
International Activity And Domestic Law, Adam I. Muchmore
International Activity And Domestic Law, Adam I. Muchmore
Journal Articles
This invited essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
Journal Articles
This Article compares the differing approaches of the United States and the European Community as they wrestle with the question of how to regulate foreign anticompetitive activity. More specifically, this Article highlights the distinctive features of the U.S. "effects doctrine" and the European Community's "implementation approach" and analyzes the differences that exist between the two systems. Only the U.S. doctrine openly provides for the consideration of international comity concerns, but both approaches have been used liberally to assert jurisdiction over foreign defendants. Part II of this Article provides a background to the subject by briefly outlining the traditional bases of …