(Papers to be published by the Cornell Law Review)
Recent Supreme Court decisions exhibit a new territorialism which is attracting the attention of legal scholars. With Morrison, the Court has sought to impose territorial limits on securities fraud litigation. And with Kiobel, the Court has attempted to place a territorial limit on alien tort litigation. We have assembled a panel of interesting speakers, including both established and emerging scholars, across a range of substantive and methodological fields. Each will briefly outline her or his current thinking about all this. Professor Coffee is planning to address European concerns about the extraterritorial reach of Dodd Frank, and to propose possible ameliorations. Professor Colangelo will propose a clarified conceptual understanding of extraterritorial jurisdiction. Professor Kontorovich is planning to tackle the problems presented by Filartiga-style assertions of universal jurisdiction in American courts. Professor Levinson will consider the desirability of exporting our Constitution as a model. Professor Martinez will bring to bear historical insights on territorialism. Professor Neuman is interested in the interplay of personal status and geography in adjudication of transnational tort. Professor Reynolds is planning to talk about problems of governance at the new frontier of cyberspace. Finally, Professor Weinberg will offer commentary on Kiobel.
Business Meeting at Program Conclusion.