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Full-Text Articles in Law
Immigration Law’S Looming Fourth Amendment Problem, Michael Kagan
Immigration Law’S Looming Fourth Amendment Problem, Michael Kagan
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In 2014, a wave of federal court decisions found that local police violate the Fourth Amendment when they rely on requests from the Department of Homeland Security to detain people suspected of being deportable immigrants. The problem with these requests, known as “detainers,” was that they were not based on any neutral finding of probable cause. But this infirmity is not unique to DHS requests to local police. It is characteristic of the normal means by which Immigration and Customs Enforcement (ICE) arrests people and detains them at the outset of deportation proceedings. These decisions thus signal a glaring constitutional …
Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley
Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley
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To cope more effectively with the changed landscape of child exploitation, it is necessary for laws to expand their extraterritorial reach. Some statutes in the “child exploitation arena” have already been ruled to apply extraterritorially. The prime example of this is 18 U.S.C. § 2252 (2004) (certain activities relating to the material involving the sexual exploitation of minors). Two of the more useful statutes in combating online pedophiles are 18 U.S.C. § 1470 (2003) (transfer of obscene materials to minors) and 18 U.S.C. § 2422 (2003) (coercion and enticement). These latter statutes, however, have yet to receive significant or …
La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley
La Preuve Pénale Et Des Tests Génétiques: United States Report, Christopher L. Blakesley
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A major problem for those analyzing U.S. criminal law and procedure is that it does not fit the Continental or British mold. There is no one single system, but parallel federal and 50 state systems each with its own legislature, laws, courts (including trial, appellate, and supreme courts), police, prosecutors and prisons. The authorities who enact and implement these laws are sovereign within their respective jurisdictions. Each state has police power over its people. The 10th amendment to the U.S. Constitution controls allocation of federal and state authority. It provides that whatever the Constitution has not designated as being within …
Without Narrative: Child Sexual Abuse, Lynne Henderson
Without Narrative: Child Sexual Abuse, Lynne Henderson
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No abstract provided.
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
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The opportunity to create an international court that provides fair, equitable, and efficient justice is rare and important. It requires expertise in comparative and international law. Problems are serious, however. Failure to address the formidable problems could cause the Court to run a risk of failure that could be disastrous for international law, for the victims of the horrors that have occurred and that will occur, and for the world. Failure could come in at least two forms: (1) the Court could merely be a conduit for retribution after a pro-forma kangaroo court or (2) it will not have sufficient …
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
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In this piece, Professor Blakesley reviews “Terrorism and Hostages in International Law: A Commentary on the Hostages Convention 1979” by Joseph J. Lambert.
International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley
International Law Principles Governing The Extraterritorial Application Of Criminal Law, Christopher L. Blakesley
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In this piece Professor Blakesley provides remarks on the differences and similarities between Germany and the United States on international principles of jurisdiction over extraterritorial crime.
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
Drugs And Small Arms: Can Law Stop The Traffic?, Christopher L. Blakesley
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Professor Blakesley presides over this panel discussion on laws combating the illegal importation of drugs and small arms, and their implications for international and domestic law.
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
United States Jurisdiction Over Extraterritorial Crime, Christopher L. Blakesley
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The term jurisdiction may be defined as the authority to affect legal interests -- to prescribe rules of law (legislative jurisdiction), to adjudicate legal questions (judicial jurisdiction) and to enforce judgments the judiciary made (enforcement jurisdiction). The definition, nature and scope of jurisdiction vary depending on the context in which it is to be applied. United States domestic law, for example, defines and applies notions of jurisdiction pursuant to the United States constitutional provisions relating to the separation of powers. Within the United States, jurisdiction is defined and applied in a variegated fashion depending on whether a legal problem is …