Add to ORKGThe Constitution’s extraterritorial scope does not arise often in litigation. Two recent decisions broached the issue. Both arrived at opposite conclusions. And these decisions share a common thread: They confuse more than they clarify while begetting novel questions of law. Does the Constitution protect noncitizens abroad? If so, how? If not, why not? This Note addresses each of these questions in turn. Ultimately, this Note concludes that the Constitution does not have any extraterritorial application whatsoever to noncitizens abroad
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The world has recently seen a tremendous expansion in countries using extraterritorial laws\u27-laws...
This Article examines for the first time in scholarly literature whether and to what extent the Cons...
In recent years, the “American Laws for American Courts” movement has swept across the country in an...
If a foreign government enacts a law that would be unconstitutional if passed in the United States, ...
Congress has the authority to enact laws beyond the territorial boundaries of the United States. How...
Territoriality is a foundational principle of international order, and U.S. laws have always operate...
This Article argues that the functional test articulated in Boumediene v. Bush, which determines whe...
This Essay explores the role of embedded international law in U.S. constitutional interpretation, ...
This Article views the modern federal presumption against the extraterritoriality of U.S. law throug...
Not only is United States citizenship a “high privilege,” it is a priceless treasure. For that citiz...
Recent shifts in border enforcement policies raise pressing new questions about the extraterritorial...
When and why do American judges enforce treaties? The question, always important, has become pressin...
Part of Symposium: The United States Constitution (rev. ed.) How would you rewrite the United States...
Prompted by cases questioning the legality of detentions at Guantanamo Bay, the Supreme Court recent...
Does the First Amendment follow the flag? In Boumediene v. Bush, the Supreme Court categorically rej...
The world has recently seen a tremendous expansion in countries using extraterritorial laws\u27-laws...
This Article examines for the first time in scholarly literature whether and to what extent the Cons...
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