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Full-Text Articles in Law

Blood In The Water: Why The First Step Act Of 2018 Fails Those Sentenced Under The Maritime Drug Law Enforcement Act, Lauren R. Robertson Oct 2021

Blood In The Water: Why The First Step Act Of 2018 Fails Those Sentenced Under The Maritime Drug Law Enforcement Act, Lauren R. Robertson

Washington and Lee Law Review

For some, the open ocean is prison. The Maritime Drug Law Enforcement Act (MDLEA) prohibits individuals from knowingly or intentionally distributing a controlled substance or possessing it with the intent to distribute. Empowered by the MDLEA, the United States Coast Guard arrests and detains foreign nationals hundreds of miles outside of U.S. territorial waters. After months shackled to Coast Guard ships, these individuals face the harsh reality of American mandatory minimum drug sentencing, judged by the kilograms of drugs on their vessels. But the MDLEA conflates kilograms with culpability. More often than not, those sentenced are fishermen-turned-smugglers due to financial …


Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins May 2015

Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins

Georgia Journal of International & Comparative Law

No abstract provided.


Survey Of United States Jurisdiction Over High Seas Narcotics Trafficking, Jeffrey D. Stieb Dec 2014

Survey Of United States Jurisdiction Over High Seas Narcotics Trafficking, Jeffrey D. Stieb

Georgia Journal of International & Comparative Law

No abstract provided.


The 1982 United Nations Convention Of The Law Of The Sea: A Historical Perspective On Prospects For Us Accession, Horace B. Robertson Jr. Aug 2008

The 1982 United Nations Convention Of The Law Of The Sea: A Historical Perspective On Prospects For Us Accession, Horace B. Robertson Jr.

International Law Studies

No abstract provided.


Guarding The Coast: Alien Migrant Interdiction Operations At Sea, Gary W. Palmer Dec 1998

Guarding The Coast: Alien Migrant Interdiction Operations At Sea, Gary W. Palmer

International Law Studies

No abstract provided.


The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg Jan 1983

The Contours Of Extraterritorial Jurisdiction In Drug Smuggling Cases, Stephen E. Chelberg

Michigan Journal of International Law

This note examines the contours of U.S. jurisdiction over drug smugglers on the high seas. After a brief discussion of the two principal U.S. drug statutes, the note considers the territorial and protective principles of jurisdiction as defined by U.S. courts. Controversy currently centers around whether U.S. drug laws apply to foreign ships, carrying controlled substances on the high seas, where there has been no showing of an intent to import the drugs into the United States.