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Articles 1 - 5 of 5
Full-Text Articles in Law
Criminal Law And The European Communities: Defining The Issues, Christine Van Den Wyngaert
Criminal Law And The European Communities: Defining The Issues, Christine Van Den Wyngaert
Michigan Journal of International Law
While the development of a common criminal justice policy lies more within the general objectives of the Council of Europe, of which all states composing the European Communities are members, there are nevertheless a number of problems which are specific to the Communities and which may call for a special response on their part. This article makes a short tour d'horizon of the different issues at stake and briefly describes the efforts which have been or are being undertaken to resolve them.
The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg
The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg
Michigan Journal of International Law
This note examines the contours of U.S. jurisdiction over drug smugglers on the high seas. After a brief discussion of the two principal U.S. drug statutes, the note considers the territorial and protective principles of jurisdiction as defined by U.S. courts. Controversy currently centers around whether U.S. drug laws apply to foreign ships, carrying controlled substances on the high seas, where there has been no showing of an intent to import the drugs into the United States.
Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii
Procedural Unvertainty Attending The Assertion Of The Political Offense Exception In Extradition Hearings, Charles R. Meyer Iii
Michigan Journal of International Law
The American approach to the political offense exception to extradition is under increasing attack. Unfavorable commentary, sparked in part by the recent decision In re McMullen, has noted the confusion present in the operation of the exception. This article will trace some of the difficulties to the uncertain procedural burdens of raising and proving the exception in the judicial hearing. The current practice should be reformed to ameliorate the confusion. To this end, the United States Congress or Supreme Court must intervene to unify the procedural approaches taken by U.S. magistrates with respect to raising and proving the political …
Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson
Protecting The Rights Of The Requested Person In Extradition Proceedings: An Argument For A Humanitarian Exception, Leslie Anderson
Michigan Journal of International Law
This article will first define the types of post-extradition treatment which requested persons have raised as requiring judicial attention. It will next survey judicial responses to these claims and then consider the scope of executive review. The article concludes that the courts have exaggerated the range of executive discretion to deny extradition. As extradition currently operates in the United States, there is the serious possibility that a bona fide claim of unfair treatment would not receive adequate consideration by either the judicial or executive branch.
I. Review Of Foreign Laws, Michigan Journal Of International Law
I. Review Of Foreign Laws, Michigan Journal Of International Law
Michigan Journal of International Law
The selection of national law summaries which follows is designed to enable the reader to survey the spectrum of domestic laws governing jurisdiction and judicial assistance. The reader may also find the summaries to be a useful starting point for further research. While the summaries vary somewhat in scope and degree of specificity, the differences are attributable to a desire to provide reasonably authoritative-rather than speculative- synopses of the law.