Jurisdiction Commons^™

Finding Harmony Amidst Disagreement Over Extradition, Jurisdiction, The Role Of Human Rights, And Issues Of Extraterritoriality Under International Criminal Law, Christopher L. Blakesley, Otto Lagodny

Vanderbilt Journal of Transnational Law

This Article examines extradition and jurisdiction over extraterritorial crime, focusing on the relationship between jurisdiction and extradition in the broader context of human rights law. The authors challenge what they argue are chimerical, although strongly held beliefs in the incompatibility of European and United States criminal justice systems and extradition practices. They argue that cooperation in matters of international criminal law may be enhanced, while protection of human rights is promoted. The authors establish this possibility by breaking down the barriers to understanding that stem from the divergent European versus Anglo-American modes of analysis.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY-- An Owner Must Arbitrate a Claim that a Parent Company Assigned to its Subsidiary when the Owner Contemplated such Arbitration in a Contract with the Subsidiary

2. DIPLOMATIC IMMUNITY-- United Nations Employees not Accorded Diplomatic Immunity in Cases of Espionage; Recapture of Stolen Classified Information Diplomat does not Violate Diplomatic Immunity

3. EXTRADITION-- United States Extradition Treaty Applicable to all Enumerated Crimes regardless of the Sentence Imposed

4. INTERNATIONAL PATENT REGULATION-- Motion Requesting Benefit of Foreign Patent in Patent Interference Action is Proper without Supporting Statement of Reasons when Opponent can Fairly Respond

5. JURISDICTION AND PROCEDURE-- Dismissal …

Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck

Vanderbilt Journal of Transnational Law

Admiralty--Requirement of Minimum Contacts for Jurisdiction to Attach Property of Nonresident Defendant is not Applicable to Maritime Attachment

Aubrey W. Bogle, III

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Buy American Statutes--New Jersey--Constitutionality of Buy American Statute Upheld by State Supreme Court

Edward H. Lueckenhoff

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Citizenship--The Fourteenth Amendment requires Proof by Clear, Convincing, and Unequivocal Evidence that Relinquishment of United States Citizenship is Voluntary

Clark C. Siewert

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Extradition--Double Jeopardy Provision of Extradition Treaty Applies even Where Crime Committed before Ratification

Michael P. Peck

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Sovereign Immunity--Service of Process in the United States on a Permanent Mission to the United Nations must Conform to the …

Recent Decisions, Patricia D. Owen, Jeffery R. Rush, Frank R. Krok, Paul P. Sanford, Edward N. Perry, Edward A. Betancourt

Vanderbilt Journal of Transnational Law

Admiralty--Workmen's Compensation--Receipt of Benefits under State Workmen's Compensation Act containing Exclusive Remedy Provision does not Bar Subsequent Action against Employer for Unseaworthiness

Patricia D. Owen

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Common Market--Council Regulations--Regulation Stake Precedence over Provisions of Member States' Constitutions

Jeffery R. Rush

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Discovery--Aid to Foreign or International Tribunals--United States Courts can Compel Testimony only on Behalf of Foreign or International Tribunals Empowered to make Binding Adjudications

Frank R. Krok

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Extradition--Statute of Limitations--mere Absence is not Equivalent to Fleeing from Justice under 18 U.S.C. § 3290

Paul P. Sanford

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International Court of Justice--Procedure Temporary Relief in the Form of Interim …

Recent Decisions, Robert M. Erickson, Jack F. Stringham, Ii, Alan Marchisotto, James T. Campbell, Ralph C. Oser, David A. Boillot

Vanderbilt Journal of Transnational Law

ACT OF STATE--Act of State Doctrine Not a Bar to Adjudication of a Counterclaim

Robert M. Erickson

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ADMIRALTY--Ship Mortgage Act of 1920--Deficiency Judgment against Mortgagor in Personam Not Precluded by State Law when Vessels were Sold at Public Foreclosure Auction without Prior Appraisal

Jack F. Stringham, II

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ALIENS--Immigration and Naturalization--Restriction of Commuter Aliens' Access to Domestic Employment by Attorney General is Abuse of Discretion

Alan Marchisotto

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EXTRADITION--Principle of Specialty--Specialty does not Preclude Prosecution for Similar Offense when Asylum Nation Would Not Consider it a Breach of Faith

Attorney General of the United States, 462 F.2d 475 (2d …