Add to ORKGThis paper examines a tumultuous history of applying United States law to foreign conduct in United States federal courts and the impact of recent Supreme Court decisions in this area. Despite its inconsistent application, the presumption against extraterritorial application may bridle Article III courts’ authority of applying domestic law to foreign conduct. Notably, a complicated test of displacing the presumption has emerged from the recent Supreme Court case of Kiobel v. Royal Dutch Petroleum Co., which concerned foreign conduct under the Alien Tort Statute (“ATS”). The test states the presumption is overcome if the foreign conduct “touches and concerns” the United States with sufficient force. This paper further analyzes the touch and ...
This Article addresses an underexplored but critical aspect of the presumption against extraterritor...
This essay evaluates whether Alien Tort Statute (ATS) cases involving foreign elements raise questio...
The judge-made presumption against extraterritoriality has recently become a motley patchwork of ecc...
This paper examines a tumultuous history of applying United States law to foreign conduct in United ...
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to consid...
The extraterritorial application of U.S. law was a settled issue for a long time. For about sixty ye...
This article explores when corporations can be held liable under the Alien Tort Statute for human ri...
In Kiobel v. Royal Dutch Petroleum the U.S. Supreme Court wrongly applied a presumption against extr...
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to consid...
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to consid...
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to consid...
In two recent decisions, Morrison v. National Australia Bank, 130 S. Ct. 2869 (2010), and Kiobel v. ...
This paper discusses the functional ability of federal courts to incorporate customary international...
With the rise of transnational crime, domestic courts are increasingly called upon to make decisions...
In Kiobel v. Royal Dutch Petroleum the U.S. Supreme Court wrongly applied a presumption against extr...
This Article addresses an underexplored but critical aspect of the presumption against extraterritor...
This essay evaluates whether Alien Tort Statute (ATS) cases involving foreign elements raise questio...
The judge-made presumption against extraterritoriality has recently become a motley patchwork of ecc...
This paper examines a tumultuous history of applying United States law to foreign conduct in United ...
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to consid...
The extraterritorial application of U.S. law was a settled issue for a long time. For about sixty ye...
This article explores when corporations can be held liable under the Alien Tort Statute for human ri...
In Kiobel v. Royal Dutch Petroleum the U.S. Supreme Court wrongly applied a presumption against extr...
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to consid...
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to consid...
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to consid...
In two recent decisions, Morrison v. National Australia Bank, 130 S. Ct. 2869 (2010), and Kiobel v. ...
This paper discusses the functional ability of federal courts to incorporate customary international...
With the rise of transnational crime, domestic courts are increasingly called upon to make decisions...
In Kiobel v. Royal Dutch Petroleum the U.S. Supreme Court wrongly applied a presumption against extr...
This Article addresses an underexplored but critical aspect of the presumption against extraterritor...
This essay evaluates whether Alien Tort Statute (ATS) cases involving foreign elements raise questio...
The judge-made presumption against extraterritoriality has recently become a motley patchwork of ecc...