Abstract

http://ssrn.com/abstract=1586563
 


 



National Jurisdiction and Global Business Networks


Hannah L. Buxbaum


Indiana University Bloomington Maurer School of Law

April 8, 2010

Indiana Journal of Global Legal Studies, Vol. 17, No. 1, 2010

Abstract:     
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 of national courts in the global arena. In addressing this question, the lecture borrows the concept of scalar analysis from the literature on political geography. It uses that concept to analyze the ways in which global economic misconduct is situated before the courts of one particular country, and to illuminate the political space that U.S. domestic courts occupy when – through the exercise of judicial and legislative jurisdiction – they assert regulatory control over events and conduct that cross geographic areas. It draws on examples from the areas of competition, insolvency, and securities enforcement. The lecture does not conclude that the global nature of business networks requires a correspondingly global view of jurisdiction in domestic courts, but simply that it requires a more textured view of those courts’ sphere of engagement.

Number of Pages in PDF File: 18

Keywords: jurisdiction, scale, competition, antitrust, securities, insolvency, globalization, international litigation

JEL Classification: K33, K41

Accepted Paper Series





Download This Paper

Date posted: April 8, 2010  

Suggested Citation

Buxbaum, Hannah L., National Jurisdiction and Global Business Networks (April 8, 2010). Indiana Journal of Global Legal Studies, Vol. 17, No. 1, 2010. Available at SSRN: http://ssrn.com/abstract=1586563

Contact Information

Hannah L. Buxbaum (Contact Author)
Indiana University Bloomington Maurer School of Law ( email )
211 S. Indiana Avenue
Bloomington, IN 47405
United States
Feedback to SSRN


Paper statistics
Abstract Views: 557
Downloads: 129
Download Rank: 133,636

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.672 seconds