This paper contains four comments that were delivered by a panel on extraterritorial regulation at the 2011 Annual Meeting of the American Society of International Law. The panelists took as their jumping-off point the 2010 decision in Morrison v. National Australia Bank, in which the Supreme...

This paper is about the theory and practice of transnational legal ordering. It seeks to gain insight into how transnational legal orders advance by examining one particular problem: the regulation of over-the-counter derivatives. It focuses on events following the global financial crisis, which...

In RJR Nabisco v. European Community, the Supreme Court addressed the extraterritorial application of U.S. law for the third time in six years — in this case, considering RICO's geographic scope. This essay examines the Court's expansion of the presumption against extraterritoriality. It also...

Even in a climate of increased cooperation among regulatory authorities, jurisdictional conflict remains a prominent aspect of cross-border antitrust regulation. Much of this conflict is generated by private litigation - that is, lawsuits initiated under U.S. antitrust law by private attorneys...

This paper is the final chapter of a longer project that develops a framework for examining conflicts in cross-border economic regulation. That project classifies different categories of conflict — substantive, procedural, and political — and examines each in turn, engaging in a nuanced...

In beginning a discussion of transnational antitrust law, one immediately confronts multiple points on which there is no shared understanding across legal systems. First, to what body of substantive rules are we referring? “Antitrust law,” the term used primarily in the United States, is...

This is an edited version of a lecture on the use of local litigation as an instrument of global regulation. It asks whether the increasingly global aspect of business networks, and of the harms those networks can cause, demands a reexamination of the paradigm that we use to articulate the role...