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Duke Law

Law and Contemporary Problems

Exterritoriality

Publication Year

Articles 1 - 10 of 10

Full-Text Articles in Law

Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola Jul 2008

Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola

Law and Contemporary Problems

The US Court for China was created by Congress in 1906, and it was not abolished until 1943. The Shanghai-based court had extraterritorial jurisdiction over all American citizens within its district, known as the District of China for jurisdictional purposes. The court is fascinating in its own right, and it produced what one observer has described as a system of jurisdiction that was more complete than that of any body extraterritorial law. Here, Ruskola elaborates the court's jurisprudence. He focuses on some of the conflicts-of-law problems the court had to face. Also, he describes the law applied by the court, …


Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort Oct 1992

Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort

Law and Contemporary Problems

In 1968, the Second Circuit decided "Schoenbaum vs Firstbrook," a doctrinally significant case for two reasons. The initial panel decision found, among other things, that the allegedly fraudulent mismanagement of a foreign company had sufficient effects in the US to trigger the assertion of US subject matter jurisdiction. It is argued that as a result of the forces creating an internationalized securities marketplace, the prevailing extraterritoriality doctrine has become both useless and problematic.


Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger Jul 1987

Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger

Law and Contemporary Problems

No abstract provided.


Foreword: Issues In Extraterritoriality, Pamela B. Gann Jul 1987

Foreword: Issues In Extraterritoriality, Pamela B. Gann

Law and Contemporary Problems

No abstract provided.


Reassessment Of International Application Of Antitrust Laws: Blocking Statutes, Balancing Tests, And Treble Damages Jul 1987

Reassessment Of International Application Of Antitrust Laws: Blocking Statutes, Balancing Tests, And Treble Damages

Law and Contemporary Problems

No abstract provided.


Bibliography, Thomas Amos Behney Jr. Jul 1987

Bibliography, Thomas Amos Behney Jr.

Law and Contemporary Problems

No abstract provided.


The Extraterritorial Application Of American Law: A Methodological And Constitutional Appraisal, Lea Brilmayer Jul 1987

The Extraterritorial Application Of American Law: A Methodological And Constitutional Appraisal, Lea Brilmayer

Law and Contemporary Problems

No abstract provided.


Collective Goods, Mobile Resources, And Extraterritorial Trade Controls, Kenneth W. Abbott Jul 1987

Collective Goods, Mobile Resources, And Extraterritorial Trade Controls, Kenneth W. Abbott

Law and Contemporary Problems

No abstract provided.


Extraterritorial Subsidiary Jurisdiction Jul 1987

Extraterritorial Subsidiary Jurisdiction

Law and Contemporary Problems

No abstract provided.


Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts Jul 1987

Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts

Law and Contemporary Problems

No abstract provided.