Digital Commons Network^™

Compelled Waiver Of Bank Secrecy In The Cayman Islands: Solution To International Tax Evasion Or Threat To Sovereignty Of Nations?, Ellen C. Awwarter

Fordham International Law Journal

Part I of this Note describes the conflict of laws between foreign bank secrecy policies and United States tax laws, and how the use of unilateral investigatory methods have intensified that conflict. Part II surveys the development of compelled waiver case law in the United States and the Cayman Islands since the introductino of the evice in 1981, and sicusses how use of the waiver has raised questions of international comity and conflict of laws. Part III evaluates the failure of United States courts to address completely the international legal problems posed by unilateral investigatroy methods, and cites the analysis …

Criminal Justice In Post-Mao China: Analysis And Documents, By Shao-Chuan Leng, Tao-Tai Hsia

Maryland Journal of International Law

No abstract provided.

Book Review, Andrew W. Markley

Case Western Reserve Journal of International Law

No abstract provided.

American Prisoners In Foreign Prisons: The Prisoner Transfer Treaties, Patricia M. Wilson

Penn State International Law Review

For the average American traveler, being apprehended and arrested in a foreign country on criminal charges can be an unimaginable and bizarre experience. Whether he is in England, which has a legal system relatively similar to ours, or in China, which has a very different legal system, he is likely to be equally mistaken in believing that his status as an American citizen will be of any real assistance. Unfortunately, unless he happens to be with United States military forces or protected by some sort of diplomatic or other immunity, his criminal case will proceed from start to finish entirely …

Case Digest, Law Review Staff

Vanderbilt Journal of Transnational Law

Point of Final Loading and Routing is Place of Shipment for Purposes of Valuing Lost Cargo; Private Carrier's Both-to-Blame Clause is Enforceable---Allseas Maritime, S.A. v. M/V Mimosa, 574 F. Supp. 844 (S.D. Tex. 1983).

LAND-BASED NEGLIGENCE CAUSING AN AIRPLANE CRASH IN INTERNATIONAL WATERS FALLS WITHIN ADMIRALTY JURISDICTION--Miller v. United States, 18 Av. CAS. (CCH) 17,912 (11th Cir. 1984).

FREIGHT FORWARDER WHO BREACHES A FIDUCIARY DUTY TO HIS SHIPPER VIOLATES THE WIRE FRAUD STATUTE--United States v. Armand Ventura, 724 F.2d 305 (2d Cir. 1983).

IN PERSONAM JURISDICTION OBTAINED BY ATTACHMENT OF PROPERTY IS DIFFERENT FROM IN REM JURISDICTION--Belcher Co. v. MIV …

Observations On The Insanity Defense And Involuntary Civil Commitment In Europe, John Q. La Fond

Seattle University Law Review

There are several perspectives from which one could analyze the insanity defense and involuntary civil commitment in foreign legal systems. However, the comparative perspective on which this Essay is based focuses on: a) how foreign legal systems formulate and administer the insanity defense; b) how the power of the state is defined to civilly commit mentally ill persons; c) who makes the important decisions and when and how they are made; and d) what happens to offenders who are considered mentally ill and to others who are considered mentally ill and suitable for involuntary commitment.

Cumulative Subject Index To Volumes 1-15, Index

Case Western Reserve Journal of International Law

cumulative subject index

Expropriation In The Energy Industry: Canada's Crown Share Provision As A Violation Of International Law, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.

The Extraterritorial Effect Of Federal Criminal Statutes: Offenses Directed At Members Of Congress, Mark Petersen

UC Law SF International Law Review

In a world of increased tension and open hostility toward the United States and its policies, an attack or assault on a member of Congress traveling abroad is not inconceivable. Section 351 of the United States Criminal Code prescribes penalties for offenses directed at members of Congress including assault, killing, kidnapping, and attempted conspiracies. Section 351, however, is silent as to a court's reach in asserting subject matter jurisdiction. This Note addresses the issue of whether the United States federal courts could obtain jurisdiction over a foreign group or individual who attacked or killed a Congressperson in a foreign country. …

Application Of International Human Rights Law In State And Federal Courts, Stephen A. Rosenbaum, Kathryn Burke, Sandra Coliver, Connie De La Vega

Publications

This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers.

State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a …

The Employer And The Law Of Privacy In The Workplace - The U.S. Model To Date, Arthur P. Menard, Anne K. Morrill

North Carolina Journal of International Law

No abstract provided.

Reflections On The Creation Of A Unified Criminal Law, Theo Vogler

Michigan Journal of International Law

Many commentators have pointed to the goal of creating a unified criminal law, accepted in all countries and accompanied by an international penal authority to secure its enforcement. It is easy to recognize the great advantages of a unified, global law. In the field of criminal law in particular, the compelling authority of a penal code would be much more persuasive to the individual citizen than today's criminal law, the proscriptions of which vary from state to state. The law appears arbitrary, generating exterior compliance but not true consent.

The Theoretical Basis Of Punishment In International Criminal Law, Farooq Hassan

Case Western Reserve Journal of International Law

No abstract provided.

The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein

Michigan Journal of International Law

This note examines the judicial rationale for denying bail in extradition proceedings except in special circumstances. The author maintains that the courts apply the special circumstances rule inconsistently. Moreover, a better balance should be struck between the interests of the accused and the interests of the United States Government. This can be accomplished by granting the accused in an extradition proceeding the same right to bail before a final order granting extradition as exists under the federal bail statute.

International Criminal Law: Civitas Maxima--An Overview, Gerhard O.W. Mueller

Case Western Reserve Journal of International Law

No abstract provided.

The Foundations Of International Criminal Law: A Present-Day Inquiry, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.

The Penal Characteristics Of Conventional International Criminal Law, M. Cherif Bassiouni

Case Western Reserve Journal of International Law

No abstract provided.

Legal Assistance In Criminal Cases And Some Important Questions Of Extradition, Valery Shupilov

Case Western Reserve Journal of International Law

No abstract provided.

Hostage Rights: Law And Practice In Throes Of Evolution, H.H.A. Cooper

Case Western Reserve Journal of International Law

No abstract provided.

Book Reviews, Book Reviews

Case Western Reserve Journal of International Law

A Trial of Generals, The Islamic Criminal Justice System, Conciliation and Arbitration Procedures in Labour Disputes

Ii. Annotated Bibliography, Michigan Journal Of International Law

Michigan Journal of International Law

The following collection of annotations represents a sampling of the legal literature examining various aspects of criminal procedure in an international context. While special care has been taken to provide a representative sampling of works published between 1976 and 1981, a number of prominent pieces written prior to that five-year period have also been included.

Emerging Functions Of Formal Legal Institutions In China's Modernization, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

In 1977 when China's leaders dedicated themselves to the four modernizations, they consciously decided to reestablish formal legal institutions as part of their ambitious plan of growth. In light of China's legal history since the Communist victory in 1949, this decision is significant. Since 1949 law had borne the heavy imprint of politics; since the late nineteen-fifties, the Chinese leadership had shown little concern for the fate of formal legal institutions; during the Cultural Revolution, the legal system had virtually disappeared. But since 1977, despite fluctuations in economic policy the attitudes of the leadership toward law, repeatedly echoed by lower …

On Clandestine Warfare, Robert E. Rodes, Jr.

Washington and Lee Law Review

No abstract provided.

Some Comments On Professor Rodes' Draft Convention, Frederic L. Kirgis, Jr.

Washington and Lee Law Review

No abstract provided.

Chinese Law And Justice: Trends Over Three Decades, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

Prohibiting Indirect Assistance To International Terrorists: Closing The Gap In United States Law, Dawna M. Cobb

Fordham International Law Journal

This Note analyzes the legislative history and case law construing the applicable statutes to determine if a court could extend these statutes to cover indirect involvement of United States citizens and resident aliens in international terrorist acts. The Note will demonstrate that current statutes do not adequately prohibit indirect involvement with international terrorists and will propose new legislation.

Supplementing The Functional Test Of Prosecutorial Immunity, Anthony J. Luppino

Faculty Works

No abstract provided.

Structural Changes In The Organization And Operation Of China's Criminal Justice System, Hungdah Chiu

Maryland Series in Contemporary Asian Studies

No abstract provided.

The Significance Of Comparative Law For Criminal Law Reform, Hans-Heinrich Jescheck

UC Law SF International Law Review

The trend of criminal law reform must be examined against the changing attitudes towards crime. This perspective views crime as a display of social conflict which can be resolved through criminal law sanctions. The Article discusses how comparative law is a backdrop for the reform movement on the international, regional, and individual institutional levels. The significance of comparative law is illustrated throughout by specific examples of reform on each level.

In Re Mackin: Is The Application Of The Political Offense Exception An Extradition Issue For The Judicial Or Executive Branch?, Maria P. Imbalzano

Fordham International Law Journal

The purpose of this Note is to examine the opinions of the magistrate and court of appeals in In re Mackin, regarding the issue of whether the courts have jurisdiction to determine the applicability of the political offense exception. Part I of this Note will analyze the language of the applicable extradition statute and will compare the courts' interpretation with that of the government of the United States. Part II will attempt to resolve the jurisdictional issue by examining the language of the political offense exception in recent treaties. Part III will discuss the constitutional effect of the political question …