Extraterritorial Financial Regulation: Why E.T. Can’t Come Home

This Essay begins with a deliberately off-putting title: extraterritorial financial regulation. Old-time “conflict of laws” scholars would call this an oxymoron, pointing to recent Supreme Court decisions... Read More
Cornell Law Review Volume 99 Issue 6

What is Extraterritorial Jurisdiction?

Assertions of legal power beyond territorial borders present lawyers, courts, and scholars with analytical onions comprising layers of national and international legal issues; as each layer peels away, more issues are revealed. The U.S. Supreme Court has recently been wrestling this conceptual and doctrinal hydra. Whether it is the geographic scope of U.S. regulatory laws, the power of U.S. courts [...]

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Three International Courts and Their Constitutional Problems

Does Article III of the Constitution allow the United States to create international tribunals to try American or foreign illegal combatants or terror suspects? Could such a tribunal expand its mandate to include drug trafficking? Imagine the United States grappling with an outbreak of domestic terrorism. Many suspects are detained, but prosecuting them would be [...]

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New Territorialism and Old Territorialism

The theme of this symposium is the “new territorialism” in the U.S. Supreme Court’s recent decisions. The reach of the United States’ jurisdiction over conduct and entities physically situated outside the geographic bounds of the United States has recently cropped up in a wide range of areas, including personal jurisdiction over foreign corporations for ordinary [...]

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The New Territorialism in the Not-So-New Frontier of Cyberspace

Who should govern cyberspace? And what rules should apply? When Professor Louise Weinberg invited us to contribute to this symposium, she asked us to write on governance issues in the new frontier of cyberspace. That could have been a daunting task. The electronic world we live in today presents many challenges. Fortunately, cyberspace is no [...]

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Extraterritoriality and the Interest of the United States in Regulating Its Own

As an exemplar of extraterritorial application of United States law, consider the recent decision of a Seventh Circuit panel in United States v. Stokes. A teacher in Florida had been prosecuted for indecently touching two of his male pupils and after a guilty plea had been placed on probation. The Florida authorities then permitted him—whether [...]

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What We Don’t Talk About When We Talk About Extraterritoriality: Kiobel and the Conflict of Laws

How . . . incredible it is that we should be [involved] here because of a quarrel in a far-away country between people of whom we know nothing. —Neville Chamberlain Thirty-four years ago, in the celebrated case of Filartiga v. Pena-Irala, a federal appeals court famously asserted jurisdiction over a case with which the United States apparently [...]

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Extraterritorial Financial Regulation: Why E.T. Can’t Come Home

This Essay begins with a deliberately off-putting title: extraterritorial financial regulation. Old-time “conflict of laws” scholars would call this an oxymoron, pointing to recent Supreme Court decisions—most notably, Morrison v. National Australia Bank Ltd. and Kiobel v. Royal Dutch Petroleum Co.—that have applied a strong presumption against extraterritoriality to curb the reach of U.S. law. [...]

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