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27 Jun 2011, 11:45 pm by Gilles Cuniberti
Morrison Scorecard: One Year In Review It has been nearly a year since the United States... [read post]
12 Mar 2012, 2:49 am by Lawrence Solum
United States and Erie’s Constitutional Source (William & Mary Law Review, Vol. 54, No. 2, November 2012) on SSRN. [read post]
4 Jun 2012, 1:58 am by Kevin LaCroix
The Second Circuit said that “rather than looking to the identity of the parties, the type of security at issue, or whether each individual defendant engaged in conduct within the United States, we hold that a securities transaction is domestic when the parties incur irrevocable liability to carry out the transaction within the United States or when title is passed with the United States.”  [read post]
4 Sep 2007, 4:57 am
Some, including Justice Scalia in the 2004 case Hamdi v. [read post]
In a one-two punch illustrating the continuing vigor of the presumption against extraterritoriality, the United States Court of Appeals for the Second Circuit, on consecutive days last week, issued important decisions applying Morrison v. [read post]
26 Mar 2012, 3:00 am by Louis M. Solomon
Second, the Court of Appeals adumbrated the key rule as whether the “seller incurred irrevocable liability with the United States to deliver a security” or that “title was transferred within the United States”.  [read post]
12 Mar 2012, 12:08 pm
The decision provides important clarification on the standard laid out by the United States Supreme Court in Morrison v. [read post]