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Thursday, June 20, 2013

Baude on Spillenger on Extraterritoriality and the Constitution

More on today's decisions (and perhaps a few more comments on my prosecutorial comment post) when I'm not running to grab a plane (the story of my life).  For now, I just wanted to cross-promote a post I have today on JOTWELL, State Boundaries and Constitutional Limits.  From the post:

Territoriality is a basic premise of the federal system; everybody knows that the New York legislature can’t just sit down and rewrite all of the laws of New Jersey. This seems like a common-sense requirement of our constitutional structure.  But as Clyde Spillenger demonstrates in Risk Regulation, Extraterritoriality, and the Constitutionalization of Choice of Law, 1865-1940, the nature and source of this principle is misunderstood today. ...

And from the conclusion:
By the way, so far as I know, this piece has not yet been picked up by a law journal. Student editors who are reading this: grab it while you can!

Posted by Will Baude on June 20, 2013 at 03:20 PM in Civil Procedure, Constitutional thoughts, Law Review Review | Permalink

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