State courts, state territory, state power: reflections on the extraterritoriality principle in choice of law and legislation

Florey surveys current notions of extraterritoriality as they have evolved in choice-of-law principles and in legislation. She examines various models of how people might regard extraterritorial legislative jurisdiction. Then she considers the two frameworks articulated by the Supreme Court for analyzing the issue of state power over out-of-state conduct: one grounded in the Due Process Clause and imposing limits on choice-of-law decisions; the other ostensibly rooted in the dormant Commerce Clause and aimed at extraterritorial legislation. Moreover, she examines how the apparent discrepancies between choice-of-law limits and the legislative extraterritoriality principle can be reconciled.