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Full-Text Articles in Law
Evading Legislative Jurisdiction, Austen Parrish
Evading Legislative Jurisdiction, Austen Parrish
Austen L. Parrish
In the last few years, and mostly unnoticed, courts have adopted a radically different approach to issues of legislative jurisdiction. Instead of grappling with the difficult question of whether Congress intended a law to reach beyond U.S. borders, courts have side-stepped it entirely. Courts have done so by redefining the definition of extraterritoriality. Significant and contentious decisions in the Ninth and D.C. Circuits paved the way by holding that not all regulation of overseas foreign conduct is extraterritorial. And then suddenly, last term, the U.S. Supreme Court breathed life into the practice. In its landmark Morrison v. National Australia Bank …
Duplicative Foreign Litigation, Austen L. Parrish
Duplicative Foreign Litigation, Austen L. Parrish
Austen L. Parrish
What should a court do when a lawsuit involving the same parties and the same issues is already pending in the court of an-other country? With the growth of transnational litigation, the issue of reactive, duplicative proceedings – and the waste inherent in such duplication – becomes a more common problem. The future does not promise change. In a modern, globalized world, litigants are increasingly tempted to forum shop among countries to find courts and law more favorably inclined to them than their opponents. The federal courts, however, do not yet have a coherent response to the problem. They apply …
Litigating Canada-U.S. Transboundary Harm, Austen L. Parrish, Shi-Ling Hsu
Litigating Canada-U.S. Transboundary Harm, Austen L. Parrish, Shi-Ling Hsu
Austen L. Parrish
This Article joins a spirited debate ongoing among international law scholars. Numerous articles have debated the changing nature of interna-tional law and relations: the impact of globalization, the decline of territorial-sovereignty, the ever important role that non-state actors play, and the growing use of domestic laws to solve transboundary problems. That scholarship, however, often speaks only in general theoretical terms, and has largely ignored how these changes are playing out in countries outside the United States in way that impact American interests. This Article picks up where that scholarship leaves off. It examines one of the perennial challenges for international …