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Articles 1 - 30 of 38
Full-Text Articles in Law
Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian
Mugged Twice?: Payment Of Ransom On The High Seas, Lawrence Rutkowski, Bruce G. Paulsen, Jonathan D. Stoian
American University Law Review
No abstract provided.
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
Salvage Awards On The Somali Coast: Who Pays For Public And Private Rescue Efforts In Piracy Crises?, Geoffrey Christopher Rapp
American University Law Review
This paper, a contribution to the "Troubled Waters: Combating Modern Piracy with the Rule of Law" symposium, explores the question of who pays for rescue efforts associated with maritime piracy. The paper explores the availability of admiralty law's salvage awards to governmental and non-governmental actors who intervene to rescue vessels and crew from pirates. Such awards provide an unusual incentive to rescue, traditionally unavailable for land-based rescue, but may raise complicated questions of policy and international law. The paper concludes by comparing salvage awards to a recent trend in American states to adopt "Search and Rescue" expense statutes allowing governments …
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
Fighting Piracy With Private Security Measures: When Contract Law Should Tell Parties To Walk The Plank, Jennifer S. Martin
American University Law Review
This Article addresses the following question: when should contract law permit parties to discontinue performance under a private security contract aimed to combat piracy? Piracy has been 'on the rise' off Somalia and in East Asia, with serious attacks escalating. Some shipping companies have responded by drafting 'best management practices', hiring security companies to advise on countering the threat and hiring armed or unarmed security protection. After presenting representative factual situations involving pirate attacks, the Article describes the traditional approach to defining the obligations of parties and the performance issues that arise during contractual performance. This approach takes into account …
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell
Filling The Criminal Liability Gap For Private Military Contractors Abroad: U.S. V. Slough And The Civilian Extraterritorial Jurisdiction Act Of 2010, Missye Brickell
Legislation and Policy Brief
To ensure that all contractors who commit crimes in Iraq and Afghanistan can be prosecuted effectively in the United States, Congress must pass legislation to update Federal criminal law and fill the gaps that may leave certain types of contractors free from any criminal liability. The Civilian Extraterritorial Jurisdiction Act of 2010 (CEJA) attempts to do just that, and while it may deter some PMCs from participating in the U.S. military and security contracting market, the benefits of having a fully accountable U.S. legal system outweigh the drawbacks for individual contracting companies.
How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels
How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels
American University Law Review
No abstract provided.
Rationality, Pirates, And The Law: A Retrospective, Peter T. Leeson
Rationality, Pirates, And The Law: A Retrospective, Peter T. Leeson
American University Law Review
In the late 1720s Caribbean piracy was brought to a screeching halt. An enhanced British naval presence was partly responsible for this. But most important in bringing pirates to their end was a series of early 18th-century legal changes that made it possible to effectively prosecute them. This short paper’s purpose is to recount those legal changes and document their effectiveness. Its other purpose is to analyze pirates’ response to the legal changes designed to exterminate them, which succeeded, at least partly, in frustrating the government’s goal. By providing a retrospective look at anti-piracy law and pirates’ reactions to that …
Foreword, José Luis Jesus
Expanding The Scope Of The Good-Faith Exception To The Exclusionary Rule To Include A Law Enforcement Officer's Reasonable Reliance On Well-Settled Case Law That Is Subsequently Overruled , Ross M. Oklewicz
American University Law Review
No abstract provided.
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
No Shortcuts On Human Rights: Bail And The International Criminal Trial, Caroline L. Davidson
American University Law Review
No abstract provided.
Killing Them With Procedure: A New Cruel And Unusual Punishment?, Jeremy J. Schirra
Killing Them With Procedure: A New Cruel And Unusual Punishment?, Jeremy J. Schirra
American University Criminal Law Brief
No abstract provided.
Letter From The Editor, Brian Meltzer
Letter From The Editor, Brian Meltzer
American University Criminal Law Brief
No abstract provided.
Forfeiture And Restitution In The Federal Criminalsystem: The Conflict Of Victims’ Rights And Government Interests, Scott Jones
Forfeiture And Restitution In The Federal Criminalsystem: The Conflict Of Victims’ Rights And Government Interests, Scott Jones
American University Criminal Law Brief
No abstract provided.
Cellular Telephones And The Fourth Amendment, Jeffrey T. Wennar, Jamie Brinkmeyer Perry
Cellular Telephones And The Fourth Amendment, Jeffrey T. Wennar, Jamie Brinkmeyer Perry
American University Criminal Law Brief
No abstract provided.
Symposium Report Voices From Inside: Whose System Is It Anyway?, Monica Trigoso
Symposium Report Voices From Inside: Whose System Is It Anyway?, Monica Trigoso
American University Criminal Law Brief
No abstract provided.
The Admission Of Hearsay Testimony Under The Doctrine Of Forfeiture-By-Wrongdoing In Domestic Violence Cases: Advice For Prosecutors And Courts, Isley Markman
American University Criminal Law Brief
No abstract provided.
The Attorney General’S Power Of Certification Regarding State Mechanisms To Opt-In Tostreamlined Habeas Corpus Procedure, Jennifer Ponder
The Attorney General’S Power Of Certification Regarding State Mechanisms To Opt-In Tostreamlined Habeas Corpus Procedure, Jennifer Ponder
American University Criminal Law Brief
No abstract provided.
Padilla’S Collateral Attack Effect On Existing Federal Convictions, Rachel A. Cartier
Padilla’S Collateral Attack Effect On Existing Federal Convictions, Rachel A. Cartier
American University Criminal Law Brief
No abstract provided.
Dirty Money: An Analysis Of New Jersey’S Bail Source Statute And State V. Wright, Russell J. Curley
Dirty Money: An Analysis Of New Jersey’S Bail Source Statute And State V. Wright, Russell J. Curley
American University Criminal Law Brief
No abstract provided.
Letter From The Editor, Brian Meltzer
Letter From The Editor, Brian Meltzer
American University Criminal Law Brief
No abstract provided.
Will Cameras In The Courtroom Lead To More Law And Order? A Case For Broadcast Access To Judicial Proceedings, Shelly Rosenfeld
Will Cameras In The Courtroom Lead To More Law And Order? A Case For Broadcast Access To Judicial Proceedings, Shelly Rosenfeld
American University Criminal Law Brief
No abstract provided.
Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Michael Yellott
Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Michael Yellott
American University Criminal Law Brief
No abstract provided.
Gant And The Good-Faith Exception, Karly A. Kauf
Gant And The Good-Faith Exception, Karly A. Kauf
American University Criminal Law Brief
No abstract provided.
Ganging Up On Gangs: The Steps Necessary For Effectively Prosecuting Gang Violence, Jeffrey T. Wennar
Ganging Up On Gangs: The Steps Necessary For Effectively Prosecuting Gang Violence, Jeffrey T. Wennar
American University Criminal Law Brief
No abstract provided.
“It Never, Ever Ends”: The Psychological Impact Of Wrongful Conviction, Leslie Scott
“It Never, Ever Ends”: The Psychological Impact Of Wrongful Conviction, Leslie Scott
American University Criminal Law Brief
No abstract provided.
Autobots, Decepticons, And Panopticons: The Transformative Nature Of Gps Technology And The Fourth Amendment, Vivek Kothari
Autobots, Decepticons, And Panopticons: The Transformative Nature Of Gps Technology And The Fourth Amendment, Vivek Kothari
American University Criminal Law Brief
No abstract provided.
Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Glenn Godfrey
Supreme Court Watch: Recent Decisions Of Selected Criminal Cases, Glenn Godfrey
American University Criminal Law Brief
No abstract provided.
Constitutional Protections: State V. Individual Interests – Which Should Prevail? Symposium Report, Jennifer Ponder, Abre’ Conner
Constitutional Protections: State V. Individual Interests – Which Should Prevail? Symposium Report, Jennifer Ponder, Abre’ Conner
American University Criminal Law Brief
No abstract provided.
The Revival Of The “Sweeping Clause”: An Analysis Of Why The Supreme Court Had To “Breathe New Life” Into The Necessary And Proper Clause In United States V. Comstock, Lauren E. Marsh
American University Criminal Law Brief
No abstract provided.
Book Interview: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Richael Faithful
Book Interview: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Richael Faithful
The Modern American
No abstract provided.
A Price Tag On Constitutional Rights: Georgia V. Weis And Indigent Right To Continued Counsel, Kathryn Bosse
A Price Tag On Constitutional Rights: Georgia V. Weis And Indigent Right To Continued Counsel, Kathryn Bosse
The Modern American
No abstract provided.