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State and Local Government Law

Case Western Reserve University School of Law

South Dakota v. Brown

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Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal Jan 1979

Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal

Faculty Publications

This Note focuses on the Brown court's analysis of the issue of state court enforcement of the gubernatorial extradition duty imposed by the Extradition Act. It examines the court's construction of the Act, as well as the court's initial decision to frame the basic question addressed as solely one of statutory interpretation. The conclusion reached is that the Brown court's analysis is a product of result-oriented judicial reasoning. This Note does not address the court's handling of enforcement of the federally imposed duty nor the theoretical justifications for gubernatorial discretion in extradition of interstate fugitives