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

By Kal Raustiala | Go to book overview

INDEX
Adams, John Quincy, 36
Al Odah v. United States, 201
al Qaeda detainees
description of, 195
Eisentrager application to, 199
habeas corpus and, 196–197
Alcoa case, 102–104, 108, 111, 118–119
Aliens
Bill of Rights applicability to, 54–56
constitutional rights of, 170–171, 174, 200, 219
extraterritorial rights of, 55–56, 135–138, 152–154. 165–177. 200, 214–218, 244–246
formal admission vs. spatial location, 183–184
Fourth Amendment protection for, 174–175. 286n52
Amar, Akhil, 67, 245
Ambassadors, 13–14, 17, 66
American Banana Company case, 96–100, 110, 112, 114, 118, 164
American Insurance Co. v. Canter, 45, 83
American Revolution, 31–32
Antidiscrimination law, 177
Anti-Drug Abuse Act, 161
Antitrust law
cases involving, 101
effects test in, 113–114
European objection to, 116
origins of, 94, 96–101
Sherman Anti-Trust Act of 1890, 94, 100–101, 115
Apollon, 227
“Apology Bill,” 264n50
Appertaining, 74–75
Aramco case, 172
Aristide, Jean Bertrand, 193
Article I of Constitution, 34
Article IV of Constitution, 34
Articles of Confederation, 33
Ascending scale principle, 171–172
Asia, 17, 66, 90
Australia, 207
Balancing tests, IIo-III
Bentham, Jeremy, 73
Berlin Court, 151–153, 234
Bernanke, Ben, 120
Best v. United States, 166
Bicameralism, 67
Bikle, Henry W., 84
Bill of Rights
applicability to aliens, 54–55
description of, 49–50
extraterritorial application of, 166–177, 181–182, 189, 255n72
Ginsburg's views on, 246

-301-

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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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