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http://www.oyez.org/cases/2000-2009/2003/2003_02_572
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Case Basics Docket No. 02-572 Petitioner Intel Corporation Respondent Advanced Micro Devices, Inc. Decided By Rehnquist Court (1994-2005) Opinion 542 U.S. 241 (2004) Granted Monday, November 10, 2003 Argued Tuesday, April 20, 2004 Decided Monday, June 21, 2004 Advocates Jeffrey P. Minear
(argued the cause for Respondent, on behalf of the United States, as amicus curiae)
(argued the cause for Petitioner) (argued the cause for Respondent)
Privacy
Yes and Yes. In a 7-to-1 decision, the Court ruled that just because a foreign tribunal was unwilling to demand certain documents did not mean that it would be unwilling to accept them if provided to them by other means. By permitting, but not forcing, American judges to allow discovery of certain documents, Congress allowed judges to exercise their discretion to decide whether a foreign tribunal would be receptive to the the documents at question. The Court also ruled that it would be impractical to limit the fact-finding to only the actual trial before a foreign tribunal because, in cases like this one, the foreign tribunal does not gather evidence itself but instead relies on the evidence presented to the investigatory commission (in this case the directorate general). In order to make the evidence available for the tribunal, therefore, it would be necessary to
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Intel Corp. v. Advanced Micro Devices, Inc. | The Oyez Project at IIT Chi...
http://www.oyez.org/cases/2000-2009/2003/2003_02_572
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Stevens
O'Connor
Scalia
Kennedy
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Thomas
Ginsburg
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