Does the constitution follow the flag? : the evolution of territoriality in American law / Kal Raustiala.

Format:

Book

Author/Creator:

Raustiala, Kal, author.

Series:

Oxford scholarship online

Language:

English

Subjects (All):

Conflict of laws--Jurisdiction--United States.

Conflict of laws.

Conflict of laws--Jurisdiction.

Americans--Legal status, laws, etc.

Americans.

Effectiveness and validity of law.

United States.

Effectiveness and validity of law--United States.

Exterritoriality.

Noncitizens--United States.

Noncitizens.

Americans--Legal status, laws, etc--United States.

United States--Foreign relations--Law and legislation.

International relations.

Physical Description:

1 online resource (x, 313 pages).

Place of Publication:

New York : Oxford University Press, 2020.

System Details:

text file

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.

Notes:

Previously issued in print: 2009.

Includes bibliographical references and index.

Description based on print version record.

Other Format:

Print version :

ISBN:

9780197562413

Access Restriction:

Restricted for use by site license.