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2014

International law

Constitutional Law

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Full-Text Articles in Law

What Is Extraterritorial Jurisdiction?, Anthony J. Colangelo Jan 2014

What Is Extraterritorial Jurisdiction?, Anthony J. Colangelo

Faculty Scholarship

The phenomenon of extraterritorial jurisdiction, or the exercise of legal power beyond territorial borders, presents lawyers, courts, and scholars with analytical onions comprising layers of national and international legal issues; as each layer peels away, more issues are revealed. U.S. courts, including the Supreme Court, have increasingly been wrestling this conceptual and doctrinal Hydra. Any legal analysis of extraterritorial jurisdiction leans heavily on the answers to two key definitional questions: What do we mean by “extraterritorial”? And, what do we mean by “jurisdiction”? Because the answer to the first question is often conditional on the answer to the second ...