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
Summary
The Bush Administration has notoriously argued that detainees at Guantanamo do not enjoy constitutional rights because they are 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? Most people intuitively understand that location affects constitutional rights, but 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, Kal Raustiala begins by tracing the hist
Bibliography
Includes bibliographical references (pages 249-299) and index