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Articles 1 - 8 of 8

Full-Text Articles in Law

On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck Oct 2008

On Jurisdictional Elephants And Kangaroo Courts, Stephen I. Vladeck

NULR Online

No abstract provided.


The Influence Of Ex Parte Quirin And Courts-Martial On Military Commissions, Morris D. Davis Sep 2008

The Influence Of Ex Parte Quirin And Courts-Martial On Military Commissions, Morris D. Davis

NULR Online

No abstract provided.


No Third Class Processes For Foreigners, Benjamin G. Davis Sep 2008

No Third Class Processes For Foreigners, Benjamin G. Davis

NULR Online

No abstract provided.


Beyond Guantánamo, Obstacles And Options (Part Ii), Gregory S. Mcneal Aug 2008

Beyond Guantánamo, Obstacles And Options (Part Ii), Gregory S. Mcneal

NULR Online

No abstract provided.


Beyond Guantánamo, Obstacles And Options, Gregory S. Mcneal Aug 2008

Beyond Guantánamo, Obstacles And Options, Gregory S. Mcneal

NULR Online

No abstract provided.


The Jurisdictional Time Limit For An Appeal: The Worst Kind Of Deadline—Except For All Others*, E. King Poor Jan 2008

The Jurisdictional Time Limit For An Appeal: The Worst Kind Of Deadline—Except For All Others*, E. King Poor

NULR Online

No abstract provided.


Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich Jan 2008

Beyond The Article I Horizon: Congress’S Enumerated Powers And Universal Jurisdiction Over Drug Crimes, Eugene Kontorovich

Faculty Working Papers

This paper explores the Article I limits faced by Congress in exercising universal jurisdiction (UJ) – that is, regulating extraterritorial conduct by foreigners with no affect on or connection the U.S. While UJ is becoming increasingly popular in Europe for the punishment of human rights offenses, Congress's primary use of UJ today is under the Maritime Drug Law Enforcement Act. This obscure law allows the U.S. to punish for violating U.S. drug laws foreign defendants on foreign vessels in international waters. The MDLEA's UJ provisions raise fundamental questions about the source and extent of Congress's constitutional power to regulate purely …


Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander Jan 2008

Judicial Compensation And The Definition Of Judicial Power In The Early Republic, James E. Pfander

Faculty Working Papers

Article III's provision for the compensation of federal judges has been much celebrated for the no-diminution provision that forecloses judicial pay cuts. But other features of Article III's compensation provision have largely escaped notice. In particular, little attention has been paid to the framers' apparent expectation that Congress would compensate federal judges with salaries alone, payable from the treasury at stated times. Article III's presumption in favor of salary-based compensation may rule out fee-based compensation, which was a common form of judicial compensation in England and the colonies but had grown controversial by the time of the framing. Among other …