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Does the constitution follow the flag? : the evolution of territoriality in American law / Kal Raustiala.
- Format:
- Book
- Author/Creator:
- Raustiala, Kal.
- Series:
- Oxford scholarship online.
- Oxford scholarship online
- Language:
- English
- Subjects (All):
- Conflict of laws--Jurisdiction--United States.
- Conflict of laws.
- Effectiveness and validity of law--United States.
- Effectiveness and validity of law.
- Exterritoriality.
- Noncitizens--United States.
- Noncitizens.
- Americans--Legal status, laws, etc--United States.
- Americans.
- United States--Foreign relations--Law and legislation.
- United States.
- Physical Description:
- 1 online resource (326 p.)
- Edition:
- 1st ed.
- Place of Publication:
- Oxford ; New York : Oxford University Press, 2009.
- Language Note:
- English
- Summary:
- The Bush Administration argued that detainees at Guantanamo should not enjoy constitutional rights because they were held outside American borders. But where do rules about territorial legal limits such as this one come from? Why does geography make a difference for what legal rules apply? The legal and political basis for territorial jurisdiction is poorly understood. In this novel and accessible treatment of territoriality in American law and foreign policy, Raustiala begins by tracing the history of the subject from its origins in post-revolutionary America to the Indian wars and overseas imperialism of the 19th century. He then takes the reader through the Cold War and the globalization era before closing with a powerful explanation of America's attempt to increase its extraterritorial power in the post-9/11 world.
- Contents:
- Territoriality in American law
- Territory and the republic
- The imperial constitution
- The fall and rise of extraterritoriality
- America abroad
- The long arm of the law
- Offshoring the war on terror
- Territoriality's evolution.
- Notes:
- Previously issued in print: 2009.
- Includes bibliographical references (p. 249-299) and index.
- Description based on metadata supplied by the publisher and other sources.
- ISBN:
- 0-19-756241-8
- 0-19-974566-8
- 1-282-32827-1
- 9786612328275
- 0-19-971958-6
- OCLC:
- 463299167
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