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Taking The Presumption Against Extraterritoriality Seriously In Criminal Cases After Morrison And Kiobel, David Keenan, Sabrina P. Schroff
Taking The Presumption Against Extraterritoriality Seriously In Criminal Cases After Morrison And Kiobel, David Keenan, Sabrina P. Schroff
Loyola University Chicago Law Journal
In two recent decisions, Morrison v. National Australia Bank, 130 S. Ct. 2869 (2010), and Kiobel v. Royal Dutch Petroleum, 133 S. Ct. 1659 (2013), the Supreme Court emphatically reaffirmed the longstanding presumption that federal statutes do not apply outside the territorial United States absent a “clear indication” to the contrary. Although Morrison and Kiobel involved civil suits under section 10(b) of the Securities Exchange Act and the Alien Tort Statute (“ATS”) respectively, this Article contends that the Court’s holdings ought to similarly restrict the extraterritorial application of federal criminal law. That is because Morrison and Kiobel instruct …
Efforts To Fix A Broken System: Brown V. Plata And The Prison Overcrowding Epidemic, Lauren Salins, Shepard Simpson
Efforts To Fix A Broken System: Brown V. Plata And The Prison Overcrowding Epidemic, Lauren Salins, Shepard Simpson
Loyola University Chicago Law Journal
Excessive incarceration is a national problem. Across the country, prisons face dangerous levels of overcrowding, which has led to unconstitutional conditions of confinement and the inability of states to effectively rehabilitate their inmates. Ardent public support of “tough on crime” policies inhibits state legislatures from enacting successful reforms. In turn, states spend large percentages of their budget to sustain failing and ineffective corrections systems. By some estimates, states could save hundreds of millions of dollars annually if they reduced prison populations through proactive reforms, such as early release programs and diversionary tactics. In light of these factors, a consideration of …