Law Commons^™

Defining “Different”–How Distinctive Methods Of Textual Interpretation Led To The Abduction Enhancement Circuit Split, Adam Manaa

Pepperdine Law Review

This note examines the federal circuit courts’ differing approaches to interpreting the robbery abduction enhancement in the United States Sentencing Guidelines. Specifically, this note sets forth how the Sixth Circuit’s strict method of textual interpretation in United States v. Hill led to the erroneous holding that the term “different location” refers to “a place different from the store that is being robbed.” This note argues the court should have taken a more holistic interpretative approach, taking the underlying purpose of the Guidelines into account.

Extradition Treaty Improvements To Combat Drug Trafficking, J. Richard Barnett

Georgia Journal of International & Comparative Law

No abstract provided.

Filling The Gaps With Public Policy: The Application Of The Hague Convention Protocol In Us Courts In The Absence Of A Co-Signing State, Andrew A. Zashin, Christopher R. Reynolds, Amy M. Keating

Faculty Publications

This article will consider a possible avenue for filling 'gaps' when the 1980 Hague Abduction Convention or the 1996 Child Protection Convention do not apply in child custody/abduction cases. Specifically, it will explore utilizing internal US domestic relations law to facilitate the return of a child who has been abducted to the USA from a non-signatory country. To better illustrate the potential effects, the article will explore this 'gap filler' through the lens of a case study involving Japan, the most prominent first world country that is not yet a signatory to the Convention. The article also considers the implications …

Kidnappers Without Borders: An Epidemic In Need Of Global Solutions, Caroline Gray Mcglamry

Georgia Journal of International & Comparative Law

No abstract provided.

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.

University of Richmond Law Review

The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.

Abducted Fugitives Before The International Criminal Court: Problems And Prospects, Robert Currie

Articles, Book Chapters, & Popular Press

In the law and literature relating to the exertion of criminal jurisdiction over the person, there exists a nagging problem that has plagued practitioners, courts and academics alike. The phrase of art is usually something along the lines of "irregular rendition," but the issues are as notorious as they are controversial: what should a court do with an accused criminal brought before it as a result of abduction (or otherwise illegal detention) from a foreign state? And, in particular, should the fact of the illegal or irregular rendition of the fugitive affect either the court's ability or its willingness to …

Unmasking Extraordinary Renditions In The Context Of Counter-Terrorism, James M. Gallen

ExpressO

This Article will show that the term “extraordinary rendition” is of short legal history and that its conception perverts a number of basic international law principles. In doing so, it will be shown that this process is a method counter-productive to long terms goals in the War on Terrorism.

We can conclude therefore that both “rendition to justice” and “extraordinary rendition” bear little resemblance to the traditional use of the terms rendition or extradition - the recognised, legal methods of transferring a suspect of a criminal offence from one State to another.

[T]he protections of an extradition Treaty and the …

Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene

University of Miami International and Comparative Law Review

No abstract provided.

Sosa V. Alvarez-Machain: Extraterritorial Abduction And The Rights Of Individuals Under International Law, Jeffrey Loan

ILSA Journal of International & Comparative Law

Although the growth of extradition treaties has assisted in the prosecution of suspects who are not present in the state seeking their prosecution, there will always be situations where extradition is not available or plausible.

Forcible Transborder Abduction: Defensive Versus Offensive Remedies For Alvarez-Machain, Ashley Wright Baker

Saint Louis University Law Journal

No abstract provided.

The Uccjea: What Is It And How Does It Affect Battered Women In Child-Custody Disputes, Joan Zorza

Fordham Urban Law Journal

The Uniform Child-Custody Jurisdiction and Enforcement Act ("UCCJEA") is the revised version The Uniform Child Custody Jurisdiction Act ("UCCJA"), which states are now being asked to adopt immediately in its stead. The UCCJA was the original model act for states to determine when they have jurisdiction to decide a custody case and when they must give full faith and credit to the custody decrees of other states. When the National Conference of Commission on Uniform State Laws ("NCCUSL") wrote the UCCJA in 1968, it sought to correct two major problems of its day: child abductions by family members and jurisdiction …

Comparativist Ruminations From The Bayou On Child Custody Jurisdiction: The Uccja, The Pkpa, And The Hague Convention On Child Abduction, Christopher L. Blakesley

Scholarly Works

Interstate and international jurisdictional problems are often vexing. They are worse in matters of child custody. In the past, jurisdiction to obtain custody or to modify a custody decree required only presence or domicile. The United States population is transient and custody decisions are subject to modification. The volatility of child custody disputes and the tendency of parents to move to different and separate jurisdictions traditionally caused and continue to cause difficult problems for children, parents, and the legal system. Before the promulgation of the Uniform Child Custody Jurisdiction Act (UCCJA) and the Parental Kidnapping Prevention Act (PKPA), it was …

Provincialism In United States Courts , Patrick M. Mcfadden

Cornell Law Review

No abstract provided.

The Customary International Law Of State-Sponsored International Abduction And United States Courts, Jonathan A. Gluck

Duke Law Journal

No abstract provided.

International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón

Scholarly Publications

What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …

Unchaining The Law: The Legality Of Extraterritorial Abduction In Lieu Of Extradition, Mitchell J. Matorin

Duke Law Journal

No abstract provided.

Keeping Kidnapping In Its Place: When Does The Kentucky Exemption Apply?, Anne Adams Chesnut

Kentucky Law Journal

No abstract provided.

The Effect Of Illegal Abductions By Law Enforcement Officials On Personal Jurisdiction

Maryland Law Review

No abstract provided.