Topic
Extraterritoriality
Posts
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Online2026
A Stage with Three Kings: EdTech, Sovereignty, and the Future of Transatlantic Data Law
The landmark Microsoft Ireland case highlights the limits of U.S. law enforcement authority to compel access to data stored abroad during criminal investigations. In…
Qifan Zhang -
CommentaryVol. 101 · Iss. 3
Arbitrating Corruption
One of the most controversial issues in international investment law is how arbitral panels should deal with investments tainted by corruption at their inception.…
Rachel Brewster -
NoteVol. 100 · Iss. 4
WIPO Arbitration: A Promising Solution to the Injunction Chaos of Frand Disputes
Introduction The legal battles in the telecommunications industry are fierce. The fact that no single industrial player is the single global leader in 5G…
Yi Chen -
Online2021
Free the Data! The Scramble to Access Data in Light of Schrems I & II
Maximillian Schrems was a PhD student in Austria when he decided to participate in a study abroad program with Santa Clara University.…
Charlotte Young -
NoteVol. 94 · Iss. 1
The United States Commercial Space Launch Competitiveness Act: The Creation of Private Space Property Rights and the Omission of the Right to Freedom From Harmful Interference
In March 2004, the European Space Agency successfully launched the Rosetta Spacecraft from Kourou, French Guiana. Over $1.5 billion dollars, ten years, and four…
Elliot Reaven -
NoteVol. 93 · Iss. 5
Boumediene vs. Verdugo-Urquidez: The Battle for Control over Extraterritoriality at the Southwestern Border
This Note aims to track the Hernandez reasoning, situate it within the historical development of the extraterritoriality doctrine, and evaluate its scope and implications.…
Netta Rotstein -
NoteVol. 93 · Iss. 3
The Declining Allure of Being “American” and the Proliferation of Corporate Tax Inversions: A Critical Analysis of Regulatory Efforts to Curtail the Inversion Trend
In the realm of tax policy, within which there is rarely broad-based consensus, there are few topics as polarizing as corporate tax inversions. An…
John C. Hamlett -
ArticleVol. 91 · Iss. 6
Corruption, Corporations, and the New Human Right
We should no longer expect the Alien Tort Statute to be the principal federal statute that deters overseas corporate rights violations. That distinction rightly…
Andrew B Spalding -
NoteVol. 91 · Iss. 5
“I [Won’t] Follow You”: The Misguided, and Dangerous, Interpretation of Constitutional Extraterritoriality in United States v. Ali
Not only is United States citizenship a “high privilege,” it is a priceless treasure. For that citizenship is enriched beyond price by our goal…
Isaac D. Chaput -
ArticleVol. 91 · Iss. 4
Pushing the Limits of Jurisdiction Over Foreign Actors Under the Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act (the “FCPA”) is the primary law used by the United States to combat global corruption and bribery. As anti-corruption…
Natasha N. Wilson -
CommentaryVol. 89 · Iss. 2
Amputating the Long Arm of the Law: An Analysis of the U.S. Supreme Court’s Decision in Morrison and Why § 10(B) Still Reaches Issuers of ADRs
This Article reviews the conduct and effects tests and the Supreme Court‘s decision in Morrison. It then addresses the new transactional rule‘s impact on…
Paul B. Maslo