at 764 ("[Q]uestions of extraterritoriality
side, would the issue of extraterritoriality
be irrelevant to whether
In its extraterritoriality
analysis, the Court also emphasized SCA warrants are different from traditional search warrants.
(35.) See Anthony Colangelo, The Frankenstein's Monster of Extraterritoriality
Law, 110 AM.
(65) Several other California cases likewise hold that despite California's presumption against extraterritoriality
, and the lack of legislative history clearly rebutting that presumption, UCL claims are subject to the effects test.
(9) Given the Court's interest in both patent law and extraterritoriality
, it should come as no surprise that the Supreme Court has considered the intersection of these concerns, addressing the presumption in the context of patent law.
Understanding the presumption against extraterritoriality
First, "we ask whether the presumption against extraterritoriality
has been rebutted--that is, whether the statute gives a clear, affirmative indication that it applies extraterritorially." Id.
(66) The Court unanimously agreed that the ATS was subject to the canon of statutory interpretation known as the presumption against extraterritoriality
, and that a corporation's presence in the United States was not sufficient to dispel this presumption.
This Note aims to track the Hernandez (18) reasoning, situate it within the historical development of the extraterritoriality
doctrine, and evaluate its scope and implications.
Maladaptive to Modern State Laws?
was thought to apply only in limited circumstances,