Shortly before Kiobel, the Court applied the presumption against the extraterritoriality
doctrine in Morrison v.
Next, in a series of opinions known as the Insular Cases, (31) the Court addressed the question of extraterritoriality
in the context of its applicability to any territory that is not a State; specifically, the insular geographic areas of Puerto Rico, (32) Guam, Hawaii, (33) American Samoa, and the Philippines.
outsides its borders (the extraterritoriality
requirement outlined in
129) Structural concerns undergird the judicial presumption against extraterritoriality
, but that presumption gives way when the popular branches say so.
the Morrison presumption against extraterritoriality
in securities law.
869, 880 (2015) (discussing Congress' attempt to codify extraterritoriality
reach of Sherman Act).
and out-of-state elements, extraterritoriality
doctrine is concerned
as a Constraint on Sosa's Right of Action
The United States Supreme Court resolved significant cases by invoking the presumption against extraterritoriality
twice in the last four years.
Drawing attention to the claims that an imperialist state, the United States, makes to justify extraterritoriality
in Asia and the Exclusion Acts at home is also great.
8) Since [section] 10(b) covers both civil and criminal violations, the Court's reasoning, which relied heavily on the principle that "[w]hen a statute gives no clear indication of an extraterritorial application, it has none," (9) potentially implied that criminal statutes were not exempt from the presumption against extraterritoriality
Treaty provisions around extraterritoriality
and land taxation, Larsson argues, led Siam to engage in an 'intentional underdevelopment' (p.