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Jurisdictional Standards (And Rules), Adam I. Muchmore
Jurisdictional Standards (And Rules), Adam I. Muchmore
Adam I. Muchmore
This Article uses the jurisprudential dichotomy between two opposing types of legal requirements — “rules” and “standards” — to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible. The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency …
Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider
Extraterritorial Abductions: A Newly Developing International Standard, Martin Feinrider
Akron Law Review
It is these extra-legal extraterritorial apprehensions, and their status under international law, that will be the subject of this study. Here, the focus will be on the question of protection against acts of outright abduction. The conclusions reached in this study, however, would be applicable to any extra-legal extraterritorial abduction in which the apprehending State could be considered to be guilty of complicity. It is the problem of the extraterritorial violation of human rights that is to be addressed.
Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis
Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis
Georgia Journal of International & Comparative Law
No abstract provided.
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe
Northwestern University Law Review
In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …
Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble
Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble displayed this slideshow during her presentation at the Fifth Annual Internet Law Works-in-Progress conference, held at Santa Clara Law on March 7, 2015.