39) The court thus resolved the first question by finding that [section] 2423(b) does apply to conduct beyond American borders because neither the presumption against extraterritoriality
nor the presumption against violations of principles of international law renders [section] 2423(b) jurisdiction exclusively domestic.
The Second Circuit Speaks: The Presumption Against Extraterritoriality
Applies to Criminal Prosecutions, MORRISON Foerster (Sept.
Marco Simons, After Kiobel, Extraterritoriality
Is Not a Question of Subject Matter Jurisdiction Under the Alien Tort Statute--and Neither Is Corporate Liability, Concurring Opinions (May 13, 2013), http://www.
367) Rather, the fact that the beef is ultimately sold in the state should be enough to render the extraterritoriality
1 discusses analysis of state interests, both in its purer Curriean form and in the more relaxed versions common in extraterritoriality
62) The concept of the inviolability of the premises of international institutions in international law evolved from the fiction of extraterritoriality
with regard to legation premises.
The problem of like products and extraterritoriality
only compound the issue.
Nonetheless, the ESA's policy does not specifically address extraterritoriality
, and the TVA interpretation was made in an entirely different context.
Wollman, Maneuvering Through the Landmines of Multiterritorial Copyright Litigation: How to Avoid the Presumption Against Extraterritoriality
When Attempting to Recover for the Foreign Exploitation of U.
163) The dissent wrote: "As with the extraterritoriality
canon, the Court applie[d] a mutant version of a recognized canon when the recognized canon is itself inapposite.
New relations between capital and labor, bodies and the state, inclusion and exclusion, belonging and extraterritoriality
, have taken shape.
In the nineteenth century, European and American powers took concessions and Chinese territories, while extracting financial gains and enjoying extraterritoriality