Courts Without Borders

Courts Without Borders

by Tonya L. Putnam

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"Courts Without Bordersis the first book to examine the politics of judicial extraterritoriality, with a focus on the world's chief practitioner: the United States. For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequentlydislike both in principle and in practice. This volume proposes a general theory of domestic court behaviorto explain variations in extraterritorial enforcement of US law, emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities"-- "Courts Without Borders is the first book to examine the politics of judicial extraterritoriality-the practice of domestic courts unilaterally applying domestic laws to conduct and persons outside a state's borders-and its consequences with a focus on the world's chief practitioner: the United States. For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory. U.S. federal courts are often on the front line in battles over the extraterritorial reach of U.S. law, enabling it in some instances and restricting it in others"--

Discussion questions for Courts Without Borders

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  1. 1

    Putnam argues that the US is the "chief practitioner" of judicial extraterritoriality. What specific mechanisms or characteristics of the US legal system, as explored in the book, enable this unique role?

  2. 2

    The book posits a "politics" of judicial extraterritoriality. How does Putnam define this "politics," and how does it complicate the traditional understanding of legal decisions as purely objective or insulated from external pressures?

  3. 3

    Considering the implications of "courts without borders," what ethical dilemmas arise when one nation's domestic laws are applied to individuals or activities beyond its physical territory? How do these dilemmas resonate with your own understanding of fairness or sovereignty?

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