Extraterritorial Avoidance Actions Under the U.S. Bankruptcy Code
Vol. 135 No. 8
Absent a “clear indication” to the contrary, federal law applies “only within the territorial jurisdiction of the United States.” This rule, known as the...
Extraterritoriality
Agency for International Development v. Alliance for Open Society International, Inc.
Vol. 134 No. 1
Whether constitutional rights apply beyond the physical borders of the United States has been a contested issue for over a century in Supreme Court...
The New Presumption Against Extraterritoriality
Vol. 133 No. 5
Canons of statutory interpretation are sometimes said to promote continuity and stability in the law. Yet it is widely acknowledged that canons themselves often...
Rodriguez v. Swartz
Ninth Circuit Extends Bivens Remedy to Mexican Citizen Killed in Mexico by Cross-Border Agent Standing in America.
Vol. 132 No. 3
Trader Joe’s Co. v. Hallatt
Ninth Circuit Applies Lanham Act to Wholly Foreign Sales.
Vol. 130 No. 7
Clarifying Kiobel’s “Touch and Concern” Test
Vol. 130 No. 7
The Alien Tort Statute (ATS) is a single sentence long. It’s a pithy statute, but for many years it served as a “lynchpin” of...
Native Nations and the Constitution: An Inquiry into “Extra-Constitutionality”
Indian Law Commentary Series
Vol. 130 No. 6
RJR Nabisco, Inc. v. European Community
Vol. 130 No. 1
How a “Lawless” China Made Modern America: An Epic Told in Orientalism
Vol. 128 No. 6
Legal Orientalism begins with a map of modern law in which the United States and China are located at opposite ends. America sees itself...
Developments in the Law – Extraterritoriality
Vol. 124 No. 5
Table of Contents Introduction Implications of Extraterritoriality in the Alien Tort Statute Responding to Extraterritorial Legislation: The European Union and Secondary Sanctions Extraterritoriality and...