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Articles 1 - 12 of 12
Full-Text Articles in Law
Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna
Up In The Cloud: Finding Common Ground In Providing For Law Enforcement Access To Data Held By Cloud Computing Service Providers, Matthew Mckenna
Vanderbilt Journal of Transnational Law
Cloud computing is an everyday part of the modern world; a technology that is increasingly transcending international borders. Disregarding international borders allows cloud computing to operate more efficiently and thus provides better service to users. Yet, the global nature of cloud computing raises a question--what happens if multiple countries apply facially similar laws to cloud computing providers differently? This scenario is common, especially in the context of law enforcement seeking access to cloud computing data. The United States and the United Kingdom have similar laws regarding the government's ability to acquire users' data. Importantly, neither law explicitly addresses the question …
Geography And Justice: Why Prison Location Matters In U.S. And International Theories Of Criminal Punishment, Steven A. Koh
Geography And Justice: Why Prison Location Matters In U.S. And International Theories Of Criminal Punishment, Steven A. Koh
Vanderbilt Journal of Transnational Law
This Article is the first to analyze prison location and its relationship to U.S. and international theories of criminal punishment. Strangely, scholarly literature overlooks criminal prison designation procedures--the procedures by which a court or other institution designates the prison facility in which a recently convicted individual is to serve his or her sentence. This Article identifies this gap in the literature--the prison location omission--and fills it from three different vantage points: (1) U.S. procedural provisions governing prison designation; (2) international procedural provisions governing prison designation; and (3) the relationship between imprisonment and broader theories of criminal punishment. Through comparison of …
The Double-Helix Double-Edged Sword: Comparing Dna Retention Policies Of The United States And The United Kingdom, Erica S. Deray
The Double-Helix Double-Edged Sword: Comparing Dna Retention Policies Of The United States And The United Kingdom, Erica S. Deray
Vanderbilt Journal of Transnational Law
Forensic scientists have used DNA profiling technologies to link suspects to crimes since Alec Jeffreys first proposed the idea in the 1970s. Recognizing the potential for using DNA databases to solve crimes and to prevent future crimes, England and Wales attempted to greatly expand its DNA database by allowing for the collection and indefinite retention of DNA profiles from arrestees. The European Court of Human Rights, however, issued a ruling in 2008 in the case of S. & Marper v. United Kingdom, advising the United Kingdom to restrict use of DNA profiles from arrestees and to establish time frames for …
Honesty Is The Best Policy: A Case For The Limitation Of Deceptive Police Interrogation Practices In The United States, Irina Khasin
Honesty Is The Best Policy: A Case For The Limitation Of Deceptive Police Interrogation Practices In The United States, Irina Khasin
Vanderbilt Journal of Transnational Law
In the United States, police officers regularly employ deceptive interrogation tactics to extract confession evidence from suspects. Despite widespread recognition of the harm caused by police deception, courts in the United States have consistently condoned the practice, refusing to exclude confessions obtained through manipulative and deceitful means. The British Parliament has recognized that deceptive police practices yield false confessions and, thus, wrongful convictions. The Police and Criminal Evidence Act of 1984 addresses this concern by establishing clear rules for the police to follow and by empowering courts to enforce those rules. In evaluating the need for reform in American police …
Dangerous Criminals Or Dangerous Courts: Foreign Felonies As Predicate Offenses Under Section 922(G)(1) Of The Gun Control Act Of 1968, Aron J. Estaver
Dangerous Criminals Or Dangerous Courts: Foreign Felonies As Predicate Offenses Under Section 922(G)(1) Of The Gun Control Act Of 1968, Aron J. Estaver
Vanderbilt Journal of Transnational Law
There is currently a split among U.S. Circuit Courts regarding 18 U.S.C. § 922(g)(1), a provision of the Gun Control Act of 1968 that makes it a crime for any individual "who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year to possess or receive a firearm in interstate or foreign commerce or affecting interstate commerce." The U.S. Supreme Court will examine the split later this year when it hears the case of United States v. Small. The Author argues that the Supreme Court should determine that Section 922(g)(1) of the …
International Bounty Hunter Ride-Along, Ryan M. Porcello
International Bounty Hunter Ride-Along, Ryan M. Porcello
Vanderbilt Journal of Transnational Law
This Note explores the international implications of a plan proposed by two bounty hunters in the Tacoma, Washington area to charge U.K. thrill seekers to accompany them on manhunts in the United States. Part H explains the differences in Colonial American society that resulted in the early development of a commercial bail bond system to replace the English personal surety system. Part III examines the contractual relationship between a bail bondsman and a defendant, as well as the agency relationship between a bail bondsman and a bounty hunter, to show why bounty hunters have such unbridled power to arrest fugitives. …
The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein
The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein
Vanderbilt Journal of Transnational Law
This Article will examine the political ramifications of the extradition process and the need for compromise to prevent domestic politics from undermining the ends of law enforcement. This Article will also suggest possible measures to ease the complications that extradition poses to international law enforcement cooperation. Part II of this Article will examine the facts of the most recent and dramatic example of the politics of extradition as played out in the Sheinbein case. Part III will analyze other issues which have placed obstacles in the path of practical law enforcement and international relations, and the way that the United …
Bribery Among The Korean Elite: Putting An End To A Cultural Ritual And Restoring Honor, Daniel Y. Jun
Bribery Among The Korean Elite: Putting An End To A Cultural Ritual And Restoring Honor, Daniel Y. Jun
Vanderbilt Journal of Transnational Law
On August 26, 1996, the criminal bribery convictions of two former South Korean Presidents sent shockwaves throughout the nation of South Korea. The court found former Presidents Chun Doo Hwan and Rof Tae Woo guilty of amassing hundreds of millions of dollars in bribes during their respective presidential terms. The court also found corporate executives of major Korean conglomerates guilty of bribing the former Presidents in exchange for government contracts or political favors. Such events invite a look into South Korea's difficult past, revealing a history of remarkable industrial progress tarnished by pervasive government corruption. This Note first explores South …
The Changing Game: The United States Evolving Supply-Side Approach To Narcotics Trafficking, Gregory Wilson
The Changing Game: The United States Evolving Supply-Side Approach To Narcotics Trafficking, Gregory Wilson
Vanderbilt Journal of Transnational Law
Despite over two decades of focused government efforts, drug use and related problems persist in the United States. Moreover, combatting narcotics trafficking now may be more difficult than ever as the sophisticated Cali Cartel has replaced the Medellin Cartel as the world's preeminent supplier of cocaine. Cali's advanced methods of operation have rendered traditional approaches to battling drugs even less effective than they were previously. Clearly, the United States must establish a new direction in drug law enforcement. This Note traces the development of Colombia's drug cartels from the rise of the Medellin Cartel to the emergence of Cali as …
The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley
The Need For An International Criminal Court In The New International World Order, M. Cherif Bassiouni, Christopher L. Blakesley
Vanderbilt Journal of Transnational Law
In this Article, Professors Bassiouni and Blakesley argue that the institution of an international criminal court would provide an effective means of dealing with international problems that are created by or unaddressed in a unilateral or bilateral international system. Rather than deflecting domestic concentration on law enforcement, the proposed tribunal will be a complementary and incremental effort, which will enhance criminal justice enforcement. The authors address several questions concerning the implementation of the tribunal, including questions related to sovereignty and bases for jurisdiction, which crimes will be within the court's jurisdiction, which law will apply to the cases, and practical …
Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman
Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman
Vanderbilt Journal of Transnational Law
In this Note, the author describes the United States and international child pornography markets. The author demonstrates how the United States Congress, judiciary, and law enforcement agencies have addressed the child pornography problem at the national and international level. In addition to the United States efforts to address this problem, the Netherlands, Denmark, and Thailand--who have all exported child pornography to the United States--have taken steps to curb the flow of child pornography. National and international child pornography markets continue to flourish, however, and the author concludes that more steps to eradicate child pornography are necessary. Finally, the author describes …
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
Vanderbilt Journal of Transnational Law
This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …