The New Presumption Against Extraterritoriality

William S. Dodge describes the evolution of the presumption against extraterritoriality over two centuries, providing a detailed account of change in an important canon of interpretation. Secondly Dodge discusses the new, post-2010 presumption, arguing—contrary to the conventional wisdom—that the current version of the presumption is superior to previous ones. Finally he addresses the problem of changing canons arguing that changing canons constitute a form of dynamic statutory interpretation, which imposes certain responsibilities: to justify the changed canon in normative terms, to explain the need for change, and to mitigate the transition costs.

Image courtesy of William S. Dodge

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