Does the Constitution Follow the Flag? The Evolution of Territoriality in American Law

By Kal Raustiala | Go to book overview

NOTES

Preface

I. John Gerard Ruggie, “Territoriality and Beyond: Problematizing Modernity in International Relations,” International Organization 47, no. 1 (1993): 174.


Chapter One

1. “Political Party Platforms,” The American Presidency Project, available at http://www.presidency.ucsb.edu/ws/index.php?pid=29587.

2. Memorandum to William J. Haynes II from Patrick Philpin and John Yoo, December 28, 2001, reprinted in Karen Greenberg and Joshua L. Dratel, eds., The Torture Papers: The Road to Abu Ghraib (Cambridge: Cambridge University Press, 2005). As this book will describe, the question of whether constitutional rights follow the flag and whether U.S. courts have jurisdiction over places like Guantanamo are separate but closely linked issues.

3. Dana Priest and Joe Stephens, “Secret World of U.S. Interrogation: Long History of Tactics in Overseas Prisons is Coming to Light,” Washington Post, May 11, 2004, AI.

4. Richard Stevenson and Joel Brinkley, “More Questions as Rice Asserts Detainee Policy,” New York Times, December 8, 2005.

5. Johan Steyn, “Guantanamo Bay: A Legal Black Hole,” International and Comparative Law Quarterly 53, no. 1 (2004); Phillippe Sands, Lawless World: America and the Making and Breaking of Global RulesFrom FDR's Atlantic Charter to George W. Bush's Illegal War (New York: Viking, 2005).

6. John Agnew, “Territoriality,” in Geraldine Pratt et al. (eds.). The Dictionary of Human Geography, 5th Edition (Oxford: Blackwell, forthcoming).

7. Lawyers distinguish various forms of jurisdiction. On the permissible bases of jurisdiction see American Law Institute, Restatement (Third) of the

-249-

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Does the Constitution Follow the Flag? The Evolution of Territoriality in American Law
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Acknowledgments ix
  • Contents xi
  • 1 - Territoriality in American Law 3
  • 2 - Territory and the Republic 31
  • 3 - The Imperial Constitution 59
  • 4 - The Fall and Rise of Extraterritoriality 93
  • 5 - America Abroad 127
  • 6 - The Long Arm of the Law 157
  • 7 - Offshoring the War on Terror 187
  • 8 - Territoriality's Evolution 223
  • Notes 249
  • Index 301
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