A Unified Approach to Extraterritoriality

92 Pages Posted: 18 Feb 2011 Last revised: 1 Mar 2016

Anthony J. Colangelo

Southern Methodist University - Dedman School of Law

Date Written: February 16, 2011

Abstract

This Article develops a unified approach to extraterritoriality. It uses the source of lawmaking authority behind a statute to discern the proper canon for construing that statute’s geographic reach and to evaluate whether application of the statute violates due process.

The approach holds important implications for a variety of high-stakes issues with which courts are presently wrestling, including: the proper role of the presumption against extraterritorial application of U.S. law, whether international law or federal common law should supply the rule of decision in Alien Tort Statute cases, the scope of U.S. jurisdiction over terrorism offenses, and the viability of due process objections to the application of U.S. law abroad.

Keywords: Extraterritorial Jurisdiction

Suggested Citation

Colangelo, Anthony J., A Unified Approach to Extraterritoriality (February 16, 2011). Virginia Law Review, Vol. 97, No. 4, p. 1019, September 2011; SMU Dedman School of Law Legal Studies Research Paper No. 246. Available at SSRN: https://ssrn.com/abstract=1762935

Anthony J. Colangelo (Contact Author)

Southern Methodist University - Dedman School of Law ( email )

P.O. Box 750116
Dallas, TX 75275
United States
2147682372 (Phone)

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