United States Courts

1966 ◽  
Vol 60 (2) ◽  
pp. 400-411
Author(s):  
John R. Stevenson
Keyword(s):  
United States ◽  
Subject Matter ◽  
District Court ◽  
Habeas Corpus ◽  
International Treaties ◽  
The Subject

Wacker V. Bisson. 348 P. 2d 602. U.S. Ct. App., 5th Cir., June 23,1965. The appellant, J. Samuel Wacker, awaiting extradition to Canada, brings this off-beat declaratory judgment action attacking the validity of an unappealable extradition order. Since Wacker is in custody, he might just as well have cast the action in the form of an application for habeas corpus. Wacker, however, has twice tried that approach without success. In the complaint and on appeal, the plaintiff advances on all fronts, attacking the constitutionality of numerous international treaties anil conventions, challenging the extradition statute (as written and as applied), and making other contentions based on all possible, and some impossible, reasons for the invalidity of the extradition. Wacker names as defendant the Consul General of Canada, the demanding state. The District Court dismissed the complaint for lack of jurisdiction over the subject matter and over the person of the defendant. We reverse and remand, taking the view that the District Court has jurisdiction under the Declaratory Judgment Act, 28 U.S.C. §2201 ff., to review collaterally the validity of the extradition proceeding.

Transnational Terrorist Financing: Criminal and Civil Perspectives

2008 ◽  
Vol 9 (7) ◽  
pp. 933-944 ◽  
Author(s):  
Mark A. Drumbl
Keyword(s):  
United States ◽  
Case Studies ◽  
Subject Matter ◽  
The United States ◽  
Regulatory Framework ◽  
International Treaties ◽  
Terrorist Financing ◽  
Transnational Law ◽  
Regulatory Frameworks ◽  
The Subject

This note addresses the proscription of terrorist financing under transnational law. It considers both criminal and civil regulatory frameworks. Although the 9/11 attacks certainly galvanized jurisgeneration in this area, important treaties and customary principles preexisted those attacks. Insofar as the law on this topic is quite robust, this note does not provide a typology of every legal prohibition that touches upon terrorist financing. Instead, it offers an overview of the subject matter through case-studies drawn from international treaties and Alien Tort Claims Act litigation in the United States, and it also places the regulatory framework of terrorist financing within both lex lata and lex ferenda regarding the proscription of terrorism generally.

Consular Privileges and Immunities Under the Treaties of Friendship, Commerce and Consular Rights

1927 ◽  
Vol 21 (2) ◽  
pp. 257-267
Author(s):  
Irvin Stewart
Keyword(s):  
United States ◽  
Subject Matter ◽  
The United States ◽  
United States Senate ◽  
New Type ◽  
The Subject

The reëstablishment of treaty relations with Germany seems to have afforded occasion for a new type of treaty incorporating new principles,restating old ones and generally rearranging the subject-matter considered.Provisions relating to consular privileges and immunities show the influence of this new consideration. The Treaty of Friendship, Commerce and Consular Rights with Germany has been followed by similar treaties with Estonia and Hungary. Ratification of a like treaty with Salvador has been advised and consented to by the United States Senate, but the exchange of ratifications has not yet been announced. A consular convention with Cuba follows the corresponding provisions in the treaties of friendship, commerce and consular rights so far as consular privileges and immunities are concerned. As press reports have indicated that similar treaties may be negotiated with other states, it is possible that there may be an extensive redefinition of consular privileges and immunities along the lines of the provisions of the recently published treaties. In the light of this possibility the contents of this part of the treaties are of great importance and an examination of them of present interest. As the Treaty of Friendship, Commerce and Consular Rights with Germany was the first of the series,the following discussion is based upon the provisions of that treaty, with attention being given to the more important departures in the later treaties.

scholarly journals Géomorphologie : géographie globale – géographie totale – associations internationales

2005 ◽  
Vol 8 (16) ◽  
pp. 199-218 ◽  
Author(s):  
Louis-Edmond Hamelin
Keyword(s):  
United States ◽  
Subject Matter ◽  
International Association ◽  
The United States ◽  
Physical Sciences ◽  
Geographical Union ◽  
International Geographical ◽  
The Earth ◽  
The Subject ◽  
Made In

The great advances that geomorphology has made in recent years make necessary a critical re-examination of the relationships between this science and the field of geography. Is geomorphology truly geographical ? And if not, how can it become so ? Geomorphology has its roots in geology and was, of course, not designed to meet the specific needs of geographers. Under the leadership of W. M. Davis, geographers eventually adopted the study of geomorphology but did Utile to adapt it to particular purposes of their discipline. Most geographers can never aspire to true excellence in geomorphology because of their generally inadequate training in the physical sciences. We have found that most geographers tend to fall into one of four groups : 1. Those who consider themselves to be geomorphologists (about one-fourth of all geographers) ; 2. Those who just try to be informed in geomorphology ; 3. Those who ignore the existence of geomorphology ; 4. The « complete » geographer who practices a « functional » geomorphology. It also appears that the majority of geographers do not consider land-man relations to be their principal field of interest. The definition that we as geographers give to geography tends to sanction the kind of geography that we are capable of doing. For example, the classical géographie globale, which is characterized by an explanatory description of a complex of physical and human eclectic elements, does not normally require either a « complete » or a genetic geomorphology ; also, complex techniques of geomorphological investigation are not essential. Of greater importance is a geomorphology'-which is functional to geography and which will help us to understand better man's distribution and activities on the surface of the earth. This partial or « functional » geomorphology has achieved its greatest development in France (as an integral part of géographie globale) and is practised by a large number of geographers. Géographie totale, an expression which refers more to the subject matter of this geography than to its methodology, is an ensemble of specialized yet inter-related disciplines (one of which is geomorphology). This pluralistic geography daims many more adherents than does géographie globale. Géographie totale allows us to study all aspects of what is now called geomorphology (but which may eventually be termed « cosmomorphology  »). This new geomorphology is based on geophysical laws and is strictly quantitative. It is an integral part of the physical sciences but this does not mean that it is automatically divorced from man. Scientists of both the United States and the U. S. S. R. are actively engaged in this new geomorphology. We believe that it would be mutually advantageous for both the « functional » and the « complete » geomorphologists to group themselves into a new international association. To achieve this end we urge that the structures of the international Geographical Union be modified or that an « International Association of Geomorphology » be founded.

A Field Method for Teaching Applied Anthropology

1951 ◽  
Vol 10 (4) ◽  
pp. 5-11
Author(s):  
Alexander Leighton ◽  
John Adair ◽  
Seymour Parker
Keyword(s):  
United States ◽  
Subject Matter ◽  
Field Method ◽  
Applied Anthropology ◽  
Technical Cooperation ◽  
Southwestern United States ◽  
Human Relations ◽  
Cultural Boundaries ◽  
The Subject ◽  
Short Space

Attempts to teach applied anthropology to students of administration, education or technology encounter at least two major difficulties: the problem of making the subject matter alive and "real" in a classroom; and pressure to do this in a short space of time. With the growth of Technical Cooperation Administration ("Point Four"), UNESCO and similar programs, the need to provide such training for administrators, educators, and technological specialists has been increasing rapidly, while the time these people can spare for study has been decreasing at about the same rate. Paradoxically, there is a budding awareness that ineptness in human relations across cultural boundaries not only risks the loss of otherwise sound programs, but may also convert potential allies into enemies. It is in relation to these problems that we are presenting some results of our experience with a field seminar in the southwestern United States.

Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea

2006 ◽  
Vol 34 (4) ◽  
pp. 826-828
Author(s):  
Erika Wilkinson
Keyword(s):  
United States ◽  
New York ◽  
Due Process ◽  
Mental Disease ◽  
The United States ◽  
Fourteenth Amendment ◽  
District Court ◽  
Habeas Corpus ◽  
Equal Protection Clause ◽  
Court Of Appeals

The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not responsible by reason of mental disease or defect (NRRMDD) under a mere “preponderance of the evidence” standard does not violate either due process or the equal protection clause of the Fourteenth Amendment.

scholarly journals Empirical Evidence on the Validity of Litigated Patents

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
United States ◽  
Empirical Evidence ◽  
Subject Matter ◽  
The Subject ◽  
Patent Validity

We have studied all final patent validity decisions issued by the federalcourts between 1989 and 1996 reported in United States Patents Quarterly.We test this dataset to determine a number of facts of interest to scholarsand patent litigators, including the rate at which patents are held valid,the subject matter of the patents litigated, the rate at which judges andjuries hold patents valid, the most common grounds for invalidity, howvalidity decisions fare on appeal, and numerous other hypotheses.

Constitutional “Attachment”: Identifying the Content of One’s Commitment

2011 ◽  
Author(s):  
Sanford Levinson
Keyword(s):  
United States ◽  
Subject Matter ◽  
Meta Analysis ◽  
The United States ◽  
The Subject ◽  
Loyalty Oaths

Chapter 3 considered the merits of loyalty oaths in general. It left unexamined an assumption of the debate about requiring such oaths—that they have some genuine content. This chapter examines that assumption: What exactly is one affirming when pledging loyalty to the Constitution or announcing one’s “constitutional faith”? It is possible that the national covenant is without content, or at least is unspecifiable? The chapter includes an intensive examination of one particular case requiring what might be termed as a “meta-analysis” of the Constitution. The subject matter of the case involves the meaning of the “attachment” to the Constitution required in order to become a naturalized citizen of the United States.

Introduction

2016 ◽  
Author(s):  
Michael Schillig
Keyword(s):  
United States ◽  
European Union ◽  
Subject Matter ◽  
The United States ◽  
The European Union ◽  
Too Big To Fail ◽  
Reform Legislation ◽  
Conceptual Clarity ◽  
The Subject ◽  
Corporate Insolvency

The Introduction provides a brief summary of the background for the reform legislation on recovery and resolution in the European Union and in the United States, with a particular focus on the ‘too-big-to-fail’ problem. It gives an overview of the content of the Bank Recovery and Resolution Directive, the Single Resolution Mechanisms for the eurozone, and the Orderly Liquidation Authority under the Dodd–Frank Act. It further seeks to provide some terminological and conceptual clarity as regards the subject matter of the book, notably with a view to delineating supervision, resolution, and corporate insolvency. The structure of the book is summarized in outline.

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