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Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau
Jurisdiction--The Short-Lived Death Of The Ker-Frisbie Doctrine, C. Jedson Nau
Vanderbilt Journal of Transnational Law
Why the Second Circuit Court of Appeals chose to retreat from its Toscanino holding is unclear. The drastic nature of the remedy afforded by Toscanino to any defendant illegally abducted has been criticized as too inflexible. On the other hand, the Lujan rule allows the remedy only in the limited circumstances of egregious conduct. The problem remains to determine what remedy, if any, should be available to victims who are subjected to illegal but not outrageous governmental conduct.
The government has vigorously argued that federal narcotics law enforcement depends upon the freedom of officers to abduct suspects, particularly from South …