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Full-Text Articles in Law
The World In Our Courts, Stephen B. Burbank
The World In Our Courts, Stephen B. Burbank
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No abstract provided.
Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber
Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber
All Faculty Scholarship
This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.
Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter. …