Margaret Sankey's Reviews > Does the Constitution Follow the Flag?: The Evolution of Territoriality in American Law

Does the Constitution Follow the Flag? by Kal Raustiala
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's review
Apr 28, 2012

really liked it
Read in April, 2012

One of my favorite legal problems--made especially interesting by the American twist on Westphalian sovereignty: having unincorporated areas with either no established law, or indigenous laws you don't want to recognize. Raustiala follows actions into Indian territory, across state lines (Dred Scott), into Hawaii, to consular courts in Japan, reconstruction outposts in the former Confederacy, the 1906 establishment of a US District Court for China, Status of Force agreements and the trials of military wives in England and Germany, Guantanamo (and Cuba and Puerto Rico), war crimes trials and multi-national courts, warrantless searches of the US property of foreign nationals, cell phone calls that bounce off of US and international (and satellite) towers, rendition, American companies trying to use the Sherman Anti-Trust Act against one another in Guatemala, diplomatic immunity and Native American reservations.

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