Tuesday, March 22, 2016

U.S. Law Is So Great Even Europeans Want to Use It

Bloomberg reports:
In recent years, the Supreme Court has been loath to apply U.S. law abroad, fearing that becoming an international sheriff would alienate other nations and interfere with foreign policy. But what if foreign countries ask U.S. courts to step in? That's what is happening in European Community v. RJR Nabisco, a case that was argued Monday.

The European states that are plaintiffs in the underlying case want the Supreme Court to apply the Racketeer Influenced and Corrupt Organizations (RICO) law to a drug enterprise that took place outside the U.S. and caused injury in Europe. The basis of their argument is that RJR participated in money laundering within the U.S. -- and that they, America’s loyal allies, want the law to apply in this case.

The case is particularly piquant because it involves the distinctive U.S. version of conspiracy law -- which is mostly rejected by European legal systems. The European countries are suing in the U.S. not only because RJR is based here, but also because their conspiracy-based legal theory might not fly in the court systems of their own countries.
The lust for power.