Extraterritoriality

• Extraterritoriality

• Extraterritoriality and political heterogeneity in American federalism.

INTRODUCTION It is commonly understood that as a matter of federal law, states may have divergent substantive policies with respect to those matters...

• University of Pennsylvania Law Review
• Vol. 150 Nbr. 3, January 2002

• The Effects Test: Extraterritoriality's Fifth Business

American laws increasingly regulate the conduct of foreigners abroad. The growth in extraterritorial laws, in no small part, can be traced to the effects test-a doctrine that instructs courts to presume that Congress intended to regulate extraterritorially when foreign conduct is found to have a substantial effect within the United States. For many scholars and lawyers, the effects test is the doctrinal linchpin for determining the geographic reach of domestic laws. Territorial limits on legislative jurisdiction, on the other hand, are seen as anachronistic; a remnant of a pre-modern, pre-globalized world. This Article takes a more skeptical view of the effects test. The Article argues that many scholars have failed to appreciate the effects test's shortcomings, and the problems that ex...

• Vanderbilt Law Review
• Vol. 61 Nbr. 5, October 2008

• OTC Derivatives Regulation and Extraterritoriality

The US and EU are currently introducing comprehensive new measures to regulate over-the-counter derivatives. Both the US and EU measures have some deg...

• Mondaq Business Briefing
• United States Law Articles in English

• US District Court for the District of Columbia Rules that the Presumption Against Extraterritoriality Applies to Government RICO Claims.

Originally published April 19, 2011 Keywords: extraterritorial claim, RICO claim, DOJ, BATCO In November of 2010, we reported that the US Supreme ...

• Mondaq Business Briefing
• Nbr. 2011, January 2011

• Extraterritoriality

The operation of laws upon persons existing beyond the limits of the enacting state or nation but who are still amenable to its l...

• West's Encyclopedia of American Law
• Dou–Fre

• A comparative look at extraterritoriality: Bagram and beyond.

This panel was convened at 10:45 a.m., Thursday, March 26, by its moderator, Chimene Keitner of the University of California, Hastings, who introduced...

• Proceedings of the Annual Meeting-American Society of International Law
• Nbr. 104, January 2010

• The Use of Universities? Intellectual Property to Address Humanitarian Concerns in Developing Nations

Introduction - II. Intellectual property systems - A. Copyright - B. Trademark - C. Trade Secrets - D. Patents - 1. Early Patent Law - 2. Current Patent System - 3. Plant Protection Act and Plant Variety Protection Act - III. International patent-related treaties, conventions, and documents - A. Berne Convention for the Protection of Literary and Artistic Works - B. Paris Convention for the Protection of Industrial Properties - C. GATT and the WTO - D. TRIPS - E. Shortcomings in the Current International IP Regime for Dissemination of Innovation to Developing Nations - F. Conclusion - IV. University participation in patent systems - A. Overview of Higher Education Systems in the United States - B. Commercialization and Universities - C. Models of University IP Systems - 1. Ivory Towe...

• Transnational Law & Contemporary Problems
• Nbr. 19-3, January 2011

• Torture, extraterritoriality, terrorism, and international law.

INTRODUCTION Since September 11th, 2001, there has been a growing debate over the desirability of loosening international and constitutional prohibi...

• Albany Law Review
• Vol. 67 Nbr. 2, December 2003

• Clarifying The Presumption Against Extraterritoriality: California Northern District Court Rejects The Application Of Federal And California State Wage And Hours Laws To Work Performed Overseas

In a decision issued on May 3, Judge Edward M. Chen of the U.S. District Court for the Northern District of California dismissed – with prejudice – th...

• Mondaq Business Briefing
• United States Law Articles in English

• US District Court for the District of Columbia Rules that the Presumption Against Extraterritoriality Applies to Government RICO Claims

Originally published April 19, 2011 Keywords: extraterritorial claim, RICO claim, DOJ, BATCO In November of 2010, we reported that the US Supre...

• Mondaq Business Briefing
• United States Law Articles in English