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Articles 1 - 7 of 7
Full-Text Articles in Law
The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau
The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau
Michigan Journal of International Law
This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted to deal with terrorism. Using the decisional law of France as an illustrative model, this article analyzes the transnational and political character of terrorist acts and seeks to establish the implications of those characteristics for litigation dealing with the extradition of terrorist offenders. Several assumptions underlie the analysis. First, the effort to repress international crime is seen as a laudable objective of the international legal …
Ii. Annotated Bibliography, Michigan Journal Of International Law
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.
Reflections On The Creation Of A Unified Criminal Law, Theo Vogler
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.
Jurisdictional Bases For Criminal Legislation And Its Enforcement, B.J. George Jr.
Jurisdictional Bases For Criminal Legislation And Its Enforcement, B.J. George Jr.
Michigan Journal of International Law
The doctrine of jurisdiction-the authority of nations or states to create or prescribe penal or regulatory norms and to enforce them through administrative and judicial action- has been a source of difficulty in both international and domestic law for centuries. The last two decades, however, have witnessed more conflicts over the invocation of forum penal laws to reach persons and activities outside national boundaries than had arisen for more than a century before. Moreover, treaties restricting some dimensions of penal jurisdiction based on other than the territorial concept have become increasingly common, and some nations have legislated to prevent their …
The Right To Bail In United States Extradition Proceedings, Carl A. Valenstein
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.
The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff
The Quantum Of Evidence Required To Extradite From The United States, Robert J. Rosoff
Michigan Journal of International Law
This article argues that it is appropriate to require that requesting countries meet the uniform federal bindover standard to obtain extradition from the United States, rather than a more stringent state standard. The federal bindover standard of probable cause accomplishes the purpose of United States extradition procedure better than any other evidentiary standard. It affords an alleged fugitive more protection from unjustified extradition than is available in most countries. Furthermore, the reasons advanced by advocates of a more stringent bindover standard in the domestic criminal setting do not apply to extradition hearings.
Index, Michigan Journal Of International Law
Index, Michigan Journal Of International Law
Michigan Journal of International Law
Index of terms used in this volume.