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Challenges to the DOJ's Jurisdiction over Extraterritorial Conduct
October 20, 2016
Editor's note: Last month, the authors observed that the U.S. Supreme Court has in recent years attempted to limit the extraterritorial reach of federal courts, making it harder for them to get personal jurisdiction over foreign defendants (Daimler AG v. Bauman, 134 S. Ct. 746 (2014), and limiting the reach of federal securities laws (Morrison v. National Australia Bank, 561 U.S. 247 (2010)) and the Alien Tort Statute (Kiobel v. Royal Dutch Petroleum, 133 S. Ct. 1659 (2013)). The results of these efforts have been less than stellar. However, as the authors point out here, there are some defenses that may still work.
Presumption Against Extraterritoriality in Criminal Cases
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