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. I first analyze the extent of judicial discretion in the United...

As events in Europe have unfolded over the last year, the contrast between political disintegration in the post-socialist world and the integration of states in Western Europe has become increasingly stark. The Soviet Union, one of the world's superpowers, has disintegrated, together with its...

In treating Heinrich Kronstein's influence on United States antitrust law, we encounter a situation quite different from many other in which German emigre jurists operated. In areas such as contracts, torts or private international law, German experience was rich and varied, providing a trove of...

Despite its enormous importance in the evolution of competition law in Europe, ordoliberal thought — and German neo-liberal thought generally — has received little attention in the English-speaking world, and it remains all but unknown in the United States. Moreover, except in Germany,...

The controversies that continue to rage over Japan's role in the international economy and, more specifically, its impressive and potentially ominous trade surpluses with the U.S. often circle around the question of what can be done about any of it. In the U.S., it is commonly assumed that an...

In this essay I explore the Austrian origins of European competition law in order better to understand the forces that have shaped the subsequent development of these ideas and continue to influence their operation today. Analysis of the origins of these ideas also provides a valuable...

People usually read books about law in order to find out what is in them. Most books, in fact, can only be read on this level, because their only role is as a source of information. Occasionally, however, a book plays a significant enough role within a legal system that it can also be read at a...

Ordoliberalism, a particular version of European Neo-Liberal thought, has played a central role in the relationship between competition law and trade policy with the European Union. The substantive component of this body of thought, which is based in Germany, emphasizes the importance of a...

In a 1991 article entitled The Transformation of Europe, Joseph Weiler analyzed the profound changes that have occurred in the institutional structure of the European Community during the past two decades. The cumulative effect of these changes has been, he claimed, to "transform" the Community,...

In this Symposium we view global technological integration from two public policy vantage points. One, the international intellectual property rights regime, is concerned with creating and protecting rights and the incentives associated with them. The other, competition law, seeks to protect the...