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Articles 1 - 14 of 14
Full-Text Articles in Law
The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth
The Hong Kong Jury: A Microcosm Of Society?, Peter Duff, Mark Findlay, Carla Howarth
Research Collection Yong Pung How School Of Law
The claim that the jury is a randomly chosen and representative sample of community is an important part of the ideology which currently underpins the institution. Supporters of the jury argue that both its impartiality and its independence from the State are bolstered by the fact that it represents a randomly selected cross-section of the populace. In most common law jurisdictions where the jury operates, various steps have been taken over recent years in order preserve and strengthen the perception of the jury as a "microcosm of democratic society". For example, in England the property qualification for jurors was removed …
Exclusive Or Concurrent Jurisdiction Over Private Civil Rico Actions: Finding The Appropriate Reference, Kimberly O'D. Thompson
Exclusive Or Concurrent Jurisdiction Over Private Civil Rico Actions: Finding The Appropriate Reference, Kimberly O'D. Thompson
William & Mary Law Review
No abstract provided.
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
The Ker-Frisbie Doctrine: A Jurisdictional Weapon In The War On Drugs, Andrew B. Campbell
Vanderbilt Journal of Transnational Law
This Note addresses the ongoing use of extra legal apprehension, as applied under "Ker v. Illinois" and "Frisbie v. Collins," as a viable alternative to extradition in obtaining custody over those accused of exporting drugs to the United States. The author outlines the cultural and political reasons for the production of illicit drugs, examines the purposes and structures of formal extradition treaties and their effectiveness in bringing drug traffickers to trial, and considers the alternatives to formal extradition. The author concludes that extralegal apprehension, in both of its two forms--abduction and irregular rendition--should remain an alternative means of securing custody …
The New Quasi In Rem Jurisdiction: New York's Revival Of A Doctrine Whose Time Has Passed, Michael B. Mushlin
The New Quasi In Rem Jurisdiction: New York's Revival Of A Doctrine Whose Time Has Passed, Michael B. Mushlin
Elisabeth Haub School of Law Faculty Publications
This Article closely examines the rationale offered for the new quasi in rem jurisdiction, and concludes that it cannot withstand careful analysis. Courts have explained that the new theory of quasi in rem jurisdiction is necessary to fill gaps in the state's long arm statute. However, gaps in a long arm statute can be filled by legislative amendments which can provide in personam jurisdiction up to the full extent permitted by due process. In fact, long arm statutes have steadily expanded over the last decade to take up the slack left by Shaffer. In personam jurisdiction under a long arm …
Exploring The Last Frontiers For Mineral Resources: A Comparison Of International Law Regarding The Deep Seabed, Outer Space, And Antarctica, Barbara E. Heim
Exploring The Last Frontiers For Mineral Resources: A Comparison Of International Law Regarding The Deep Seabed, Outer Space, And Antarctica, Barbara E. Heim
Vanderbilt Journal of Transnational Law
The nations of the world have begun to tap three resource areas--the deep seabed, outer space, and Antarctica. These areas are unique insofar as no nation can claim them exclusively as its own. As a result, these three areas raise unique international questions. Not only are they largely undisturbed, but these areas are also the testing ground for recently developed international treaties that attempt to usher in a new era of international cooperation. This Note examines both the exploration and exploitation of mineral resources in the deep seabed, outer space, and Antarctica. The physical nature of each area, the resources …
The Application Of Rico To International Terrorism, Zvi Joseph
The Application Of Rico To International Terrorism, Zvi Joseph
Fordham Law Review
No abstract provided.
Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker
Toward A Unified Theory Of The Jurisdiction Of The United States Courts Of Appeals, Thomas E. Baker
Faculty Publications
No abstract provided.
State Crime In The Federal Forum, Roger J. Miner '56
State Crime In The Federal Forum, Roger J. Miner '56
Criminal Law
No abstract provided.
Interpreting The Direct Effects Clause Of The Fsia's Commercial Activity Exception, Hadwin A. Iii Card
Interpreting The Direct Effects Clause Of The Fsia's Commercial Activity Exception, Hadwin A. Iii Card
Fordham Law Review
No abstract provided.
Major Contemporary Issues In Extradition Law, Christopher L. Blakesley
Major Contemporary Issues In Extradition Law, Christopher L. Blakesley
Scholarly Works
In this piece Professor Blakesley provides remarks on high crimes in international law, and the ability to extradite state and high government officials for committing them.
Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner
Strangers In A Strange Land: Foreign Compulsion And The Extraterritorial Application Of United States Employment Law, Michael A. Jr. Warner
Northwestern Journal of International Law & Business
The increasingly interdependent nature of the world economy has made commonplace the overseas employment of United States citizens by United States multinational corporations. When an American company employs a United States citizen in a foreign country questions arise as to what extent the United States may regulate employment activity taking place outside of United States territorial boundaries. Historically, principles of territoriality and nationality have constrained the ability of a sovereign state to prescribe conduct occurring outside of its boundaries. Under traditional principles of jurisdiction, employee relations fell predominantly under the control of the local authorities where the person or persons …
"You Can Lead A Horse To Water . . .": The Supreme Court's Refusal To Allow The Exercise Of Original Jurisdiction Conferred By Congress, Donald L. Doernberg
"You Can Lead A Horse To Water . . .": The Supreme Court's Refusal To Allow The Exercise Of Original Jurisdiction Conferred By Congress, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
This Article will address primarily the lack of textual and historical support for the Court's narrow construction of jurisdictional provisions that cause it to deny the existence of jurisdiction. In addition, the Article will briefly describe the lack of historical support for the Court's independent development of the abstention doctrines and their consequent illegitimacy. Both areas share democratic theory and institutional legitimacy concerns that Professor Redish will address, but let me respectfully suggest that these issues are best understood in light of the congressional thought underlying the Title 28 authorizations.
Subsidiary: Doctrine Without A Cause?, Joseph H. Sommer
Subsidiary: Doctrine Without A Cause?, Joseph H. Sommer
Fordham Law Review
No abstract provided.
The Effect Of Choice Of Law On Federal Jurisdiction Under Erisa: Defining The Scope Of The Act Or Omission Preemption Exception, Rosemary Scariati
The Effect Of Choice Of Law On Federal Jurisdiction Under Erisa: Defining The Scope Of The Act Or Omission Preemption Exception, Rosemary Scariati
Fordham Law Review
No abstract provided.