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Full-Text Articles in Law
The United States--El Salvador Extradition Treaty, Kelly P. Lineberger
The United States--El Salvador Extradition Treaty, Kelly P. Lineberger
Vanderbilt Journal of Transnational Law
This Note discusses the dramatic proliferation of the Mara Salvatrucha (MS-13) over the last two decades, primarily focusing on the efforts of the United States and El Salvador to bring the notorious MS-13 to justice. The United States' deportation policy in the mid-1990s and its impact on the presence of MS-13 in El Salvador and the United States set the backdrop for an analysis of the current weapons available to combat the gang's transnational threat. As the international implications of MS-13's actions expanded in the late 1990s, the United States and El Salvador began to charter a number of bilateral …
The Islamic Rule Of Lenity: Judicial Discretion And Legal Canons, Intisar A. Rabb
The Islamic Rule Of Lenity: Judicial Discretion And Legal Canons, Intisar A. Rabb
Vanderbilt Journal of Transnational Law
This Article explores an area of close parallel between legal doctrines in the contexts of Islamic law and American legal theory. In criminal law, both traditions espouse a type of "rule of lenity" that curious common law rule that instructs judges not to impose criminal sanctions in cases of doubt. The rule is curious because criminal law is a peremptory expression of legislative will. However, the rule of lenity would seem to encourage courts to disregard one of the most fundamental principles of Islamic and American legislation and adjudication: judicial deference to legislative supremacy. In the Islamic context, such a …