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Articles 1 - 23 of 23
Full-Text Articles in Law
Extraterritorial Impacts Of Recent Financial Regulation Reforms: A Complex World Of Global Finance, Lawrence G. Baxter
Extraterritorial Impacts Of Recent Financial Regulation Reforms: A Complex World Of Global Finance, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Attorney General Bradford’S Opinion And The Alien Tort Statute, Curtis A. Bradley
Attorney General Bradford’S Opinion And The Alien Tort Statute, Curtis A. Bradley
Faculty Scholarship
In debates over the scope of the Alien Tort Statute (ATS), one historical document has played an especially prominent role. This document is a short opinion by U.S. Attorney General William Bradford, issued in the summer of 1795, concerning the involvement of U.S. citizens in an attack by a French fleet on a British colony in Sierra Leone. Numerous academic articles, judicial opinions, and litigation briefs have invoked the Bradford opinion, for a variety of propositions, and the opinion was discussed by both sides in the oral argument before the Supreme Court in the first hearing in the pending ATS …
Colonialism Without Colonies: On The Extraterritorial Jurisprudence Of The U.S. Court For China, Teemu Ruskola
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, …
The Public-Private Distinction In The Conflict Of Laws, William S. Dodge
The Public-Private Distinction In The Conflict Of Laws, William S. Dodge
Duke Journal of Comparative & International Law
No abstract provided.
Exporting U.S. Corporate Governance Standards Through The Sarbanes-Oxley Act: Unilateralism Or Cooperation?, Minodora D. Vancea
Exporting U.S. Corporate Governance Standards Through The Sarbanes-Oxley Act: Unilateralism Or Cooperation?, Minodora D. Vancea
Duke Law Journal
No abstract provided.
Extraterritorial Antitrust Enforcement And The Myth Of International Consensus, Salil K. Mehra
Extraterritorial Antitrust Enforcement And The Myth Of International Consensus, Salil K. Mehra
Duke Journal of Comparative & International Law
No abstract provided.
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout
Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout
Duke Law Journal
No abstract provided.
Extraterritorial Discovery: A Social Contract Perspective, Karen A. Feagle
Extraterritorial Discovery: A Social Contract Perspective, Karen A. Feagle
Duke Journal of Comparative & International Law
No abstract provided.
Schoenbaum Revisited: Limiting The Scope Of Antifraud Protection In An Internationalized Securities Marketplace, Donald C. Langevoort
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.
The Extraterritorial Application Of The Fifth Amendment Protection Against Coerced Self-Incrimination, Bryan William Horn
The Extraterritorial Application Of The Fifth Amendment Protection Against Coerced Self-Incrimination, Bryan William Horn
Duke Journal of Comparative & International Law
No abstract provided.
Protecting National Interests: The Legal Status Of Extraterritorial Law Enforcement By The Military, Christopher A. Donesa
Protecting National Interests: The Legal Status Of Extraterritorial Law Enforcement By The Military, Christopher A. Donesa
Duke Law Journal
No abstract provided.
What’S Good For The Goose Is Good For The Gander: A Plea For Congress To Amend The National Environmental Policy Act To Apply To The Extraterritorial Actions Of The Federal Government, Michelle B. Nowlin
Duke Environmental Law & Policy Forum
No abstract provided.
Liberalism, Community, And State Borders, Lea Brilmayer
Liberalism, Community, And State Borders, Lea Brilmayer
Duke Law Journal
No abstract provided.
Constitutional Control Of Extraterritoriality?: A Comment On Professor Brilmayer’S Appraisal, Friedrich K. Juenger
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
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
Law and Contemporary Problems
No abstract provided.
Bibliography, Thomas Amos Behney Jr.
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
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
Collective Goods, Mobile Resources, And Extraterritorial Trade Controls, Kenneth W. Abbott
Law and Contemporary Problems
No abstract provided.
Extraterritorial Subsidiary Jurisdiction
Extraterritorial Subsidiary Jurisdiction
Law and Contemporary Problems
No abstract provided.
Beyond The Rhetoric Of Comparative Interest Balancing: An Alternative Approach To Extraterritorial Discovery Conflicts
Law and Contemporary Problems
No abstract provided.
Corporate Wars And Choice Of Law, P. John Kozyris
Corporate Wars And Choice Of Law, P. John Kozyris
Duke Law Journal
On the occasion of the increase in corporate wars and takeover battles, the author examines the constitutional and conflict of laws issues involved in choosing the law to govern the internal affairs aspects of the defensive and offensive strategies and tactics used in the various confrontations. This leads to a review of recent judicial and legislative developments, including the antitakeover statutes, to an examination of the traditional and the new conflict-of-laws methodologies as they affect internal corporate affairs, and to an analysis of the implications of the due process, full faith and credit, and, especially, the commerce clauses of the …
Regulation Of Offshore Investment Companies Through Extraterritorial Application Of Rule 10b-5, Steven L. Hearn
Regulation Of Offshore Investment Companies Through Extraterritorial Application Of Rule 10b-5, Steven L. Hearn
Duke Law Journal
No abstract provided.