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Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher
Recent Development--U.S. Legislation To Prosecute Terrorists: Antiterrorism Or Legalized Kidnapping?, Catherine C. Fisher
Vanderbilt Journal of Transnational Law
This Recent Development examines the jurisdictional bases for the proposed extraterritorial extension of The Terrorist Prosecution Act to crimes that do not occur within the territory of the United States and to persons who are not United States citizens. The historical basis for allowing the prosecution of persons who have been forcibly brought into the court's jurisdiction and constitutional due process concerns that accompany such enforcement means are also detailed. Also discussed is the potential conflict between the Act and United States foreign relations law, particularly with respect to the possible forceful intrusion by the United States upon another state's …
The Emerging Doctrine Of "Forum Non Conveniens": A Comparison Of The Scottish, English And United States Applications, Raymond T. Abbott
The Emerging Doctrine Of "Forum Non Conveniens": A Comparison Of The Scottish, English And United States Applications, Raymond T. Abbott
Vanderbilt Journal of Transnational Law
This Note will first examine the development of "forum non conveniens" in Scotland, the country of the doctrine's origin. It will compare the doctrine to the traditional English policy of staying proceedings in situations involving vexation or oppression, and examine how the liberalization of the English policy has led ultimately to the recognition of forum non conveniens as an appropriate description for the factors an English court will consider prior to a dismissal or stay of an action. Similarly, the doctrine of forum non conveniens in the United States will be compared with the doctrines in the other two jurisdictions, …