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Penn State Law

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Articles 391 - 398 of 398

Full-Text Articles in Law

Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross Jan 1978

Bordenkircher V. Hayes: Ignoring Prosecutorial Abuses In Plea Bargaining, Stephen F. Ross

Journal Articles

In Bordenkircher v. Hayes, the United States Supreme Court upheld a conviction on a charge the prosecutor admittedly filed solely because the defendant refused to plead guilty to another set of charges. Hayes is a sudden departure from a line of cases in which the Court refused to allow prosecutorial charging decisions to be made to discourage a criminal defendant from exercising constitutional or procedural rights. The decision effectively removes plea bargaining from its constitutional premise: the "mutuality of advantage" between the prosecutor and the defendant. Rather than approving the broad exercise of prosecutorial discretion in plea negotiations, the Hayes ...


The New Article 310 Of The French Civil Code For International Divorce Actions, Thomas E. Carbonneau Jan 1977

The New Article 310 Of The French Civil Code For International Divorce Actions, Thomas E. Carbonneau

Journal Articles

The variety and complexity of the legal issues that can confront a French court in an international divorce action may best be illustrated by a description of the basic factual pattern of, and the initial arguments advanced in, some of the more typical cases:

  1. French National Spouse v. Foreign National Spouse
  2. The Validity of a Prior Foreign Divorce Decree
  3. Foreign National Spouses With Immigrant Status in France
  4. Spouses of Foreign Nationality with Domiciliary Status in France

Although disparate, the facts of these four hypothetical cases point to and are unified by two salient legal issues: one jurisdictional in nature and ...


The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich Jan 1977

The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich

Journal Articles

Key to any successful attempt to combat international terrorism is the elimination of sanctuary and safe-haven for terrorists. The United States has pressed consistently for international agreements – the anti-hijacking conventions and the Internationally Protected Persons Convention being examples – requiring States either to prosecute or extradite international terrorists found within their borders. Because its efforts to establish a "basic extradite-or-prosecute obligation" have not met with general success, the U.S. has had to consider, among other alternatives, various unilateral responses to help curb terrorist activities. One obvious response, drawing upon a wealth of domestic precedents, involves the possible invocation of economic ...


The Provisional Arrest And Subsequent Release Of Abu Daoud By French Authorities, Thomas E. Carbonneau Jan 1977

The Provisional Arrest And Subsequent Release Of Abu Daoud By French Authorities, Thomas E. Carbonneau

Journal Articles

On January 7, 1977, Abu Daoud entered France as a member of an official delegation sent to Paris by the Palestinian Liberation Organization (PLO). A day or so later, French police detained an then arrested him at the request of the West German and Israeli Governments. Offficials of both governments announced forthcoming requests for his extradition as a suspected organizer of the 1972 Munich Olympics massacre. This chain of events set the stage for the most recent case illustrating the political and legal obstacles which mitigate against the extradition and eventual prosecution and punishment of alleged transnational terrorists.


Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye Jan 1976

Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye

Journal Articles

Some contemporary Congresses have lost sight of the original scope of their predecessors' assertions of privilege and now claim an absolute privilege to withhold both the originals and copies of subpoenaed papers. A few judicial opinions suggest as much or more. It is possible that even cursorily documented, ill-considered dicta can take root and flourish, and to prevent that, this article This article charts the constitutional boundaries of Congress' privilege to withhold its internal papers from judicial subpoena. It surveys the privileges expressly given Congress in the text of the Constitution as well as the privileges that might be implied ...


Tax Policy Implications Of Contributions Of Appreciated And Depreciated Property To Partnerships, Subchapter C Corporations And Subchapter S Corporations In Exchange For Ownership Interests, Samuel C. Thompson Jr. Jan 1976

Tax Policy Implications Of Contributions Of Appreciated And Depreciated Property To Partnerships, Subchapter C Corporations And Subchapter S Corporations In Exchange For Ownership Interests, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.


The Federal Income Tax Impact Of The Operating Function On The Choice Of Business Form: Partnership, Subchapter C Corporation, Or Subchapter S Corporation, Samuel C. Thompson Jr. Jan 1975

The Federal Income Tax Impact Of The Operating Function On The Choice Of Business Form: Partnership, Subchapter C Corporation, Or Subchapter S Corporation, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.


A Suggested Alternative Approach To The Senate Finance Committee Staff's 1985 Proposals For Revising The Merger And Acquisition Provisions, Samuel C. Thompson Jr. Jan 1968

A Suggested Alternative Approach To The Senate Finance Committee Staff's 1985 Proposals For Revising The Merger And Acquisition Provisions, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.