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Extradition to and from the United States 2010 by Michael Abbell Pdf
This treatise offers a comprehensive analysis of United States extradition statues, treaties and judicial precedents for American and foreign prosecutors, defense attorneys, judges and academics as it endeavors to deal with the explosion of transnational criminal activity affecting it.
Criminalising Cartels by Caron Beaton-Wells,Ariel Ezrachi Pdf
This book is inspired by the international movement towards the criminalisation of cartel conduct over the last decade. Led by US enforcers, criminalisation has been supported by a growing number of regulators and governments. It derives its support from the simple yet forceful proposition that criminal sanctions, particularly jail time, are the most effective deterrent to such activity. However, criminalisation is much more complex than that basic proposition suggests. There is complexity both in terms of the various forces that are driving and shaping the movement (economic, political and social) and in the effects on the various actors involved in it (government, enforcement agencies, the business community, judiciary, legal profession and general public). Featuring contributions from authors who have been at the forefront of the debate around the world, this substantial 19-chapter volume captures the richness of the criminalisation phenomenon and considers its implications for building an effective criminal cartel regime, particularly outside of the US. It adopts a range of approaches, including general theoretical perspectives (from criminal theory, economics, political science, regulation and criminology) and case-studies of the experience with the design and enforcement of existing or contemplated criminal cartel regimes in various jurisdictions (including in Australia, Canada, EU, Germany, Ireland and the UK). The book also explores the international dimensions of criminalisation - its specific practical consequences (such as increased potential for extradition) as well as its more general implications for trends of harmonisation or convergence in competition law and enforcement.
The Evolving EU Counter-terrorism Legal Framework by Maria O'Neill Pdf
Since the coming into force of the Lisbon Treaty in 2009, and the contemporaneous publication of the Stockholm Programme, the area of freedom, security and justice has obtained a more secure legal basis within the EU treaty framework and now has a coherent policy programme set out for its development. A key aspect in the area of freedom, security and justice are the EU’s provisions dealing with counter-terrorism. This book examines the rapidly emerging area of EU law and policy on counter-terrorism, addressing these twin disciplines from both a theoretical and practical perspective. The Evolving EU Counter-Terrorism Legal Framework is the first comprehensive exposition of EU anti-terrorism law, bringing together laws and policies on terrorism from across the three distinct EU pillars, as well as exploring the legal framework for EU external relations in counter-terrorism. In focusing on this challenging area of EU legal policy which is presently under construction, the book brings greater clarity and critical analysis to the existing legal framework currently in place. In addition to considering the current legal circumstances, Maria O'Neill goes on to highlight potential difficulties which may occur in the future and suggests possible avenues for development of counter-terrorism provisions.
U.S. Policy Toward Latin America by United States. Congress. Senate. Committee on Foreign Relations. Subcommittee on Western Hemisphere, Peace Corps, and Global Narcotics Affairs Pdf
Digest of United States Practice in International Law, 2009 by Elizabeth R. Wilcox Pdf
Co-published by Oxford University Press and the International Law Institute, and prepared by the Office of the Legal Adviser at the Department of State, the Digest of United States Practice in International Law presents an annual compilation of documents and commentary highlighting significant developments in public and private international law, and is an invaluable resource for practitioners and scholars in the field. Each edition compiles excerpts from documents such as treaties, diplomatic notes and correspondence, legal opinion letters, judicial decisions, Senate committee reports and press releases. Each document is selected by members of the Legal Adviser's Office of the U.S. Department of State, based on their judgments about the significance of the issues, their potential relevance to future situations, and their likely interest to scholars and practitioners. In almost every case, the commentary to each excerpt is accompanied by a citation to the full text. Featured in the 2009 Digest are excerpts from and discussion of numerous documents relating to issues of current interest, including the following: * Final Rule issued by the U.S. Department of Health and Human Services eliminating ban on people with HIV from entering the United States, 74 Fed. Reg. 56,547 (Nov. 2, 2009) (Chapter 1, Nationality, Citizenship, and Immigration) * U.S. federal court decisions involving First Amendment challenges to district court decisions upholding denials of visas to individuals accused of having contributed funds to terrorist organizations (e.g., the Second Circuit vacated and remanded a district court's decision upholding the denial of a visa to Muslim scholar Tariq Ramadan (American Academy v. Napolitano, 573 F.3d 115 (2d Cir. 2009)) (Chapter 1, Nationality, Citizenship, and Immigration) * U.S. motion to dismiss petition for a writ of habeas corpus filed by a Mexican national who claimed that he would be tortured if extradited to Mexico to face homicide charges (Saldana v. United States, No. 2:09-cv-02786-JPM-cgc (W.D. Tenn. 2009)) (Chapter 3, International Criminal Law) * Eleventh Circuit affirmation of district court's 2008 decision denying writ of habeas corpus to former Panamanian dictator Manuel Noriega to prevent his extradition to France (Noriega v. Pastrana, 564 F.3d 1290 (11th Cir. 2009)) (Chapter 3, International Criminal Law) * U.S. grant of two petitions for certiorari in a case challenging constitutionality of the provisions of the Antiterrorism and Effective Death Penalty Act of 1996, Pub. L. No. 104-132, 110 Stat. 1214, that make it a criminal offense for any person within the United States or subject to U.S. jurisdiction "knowingly" to provide "material support or resources" to a designated foreign terrorist organization ("FTO") (Holder v. Humanitarian Law Project, 130 S. Ct. 534 (2009); Humanitarian Law Project v. Holder, 130 S. Ct. 534 (2009)) (Chapter 3, International Criminal Law) * Statement of Secretary of State Hillary Rodham Clinton about the "Human Rights Agenda for the 21st Century" (Georgetown University, December 14, 2009) (Chapter 6, Human Rights) * U.S. statements to the UN Human Rights Council relating to the Gaza conflict and the report of the UN Fact Finding Mission on the Gaza Conflict (the "Goldstone Report") (Chapter 6, Human Rights) * Statement of President Barack H. Obama and memorandum to the Secretary of State and the Administrator of the United States Agency for International Development on the rescission of the "Mexico City Policy," which had directed USAID to withhold USAID funds from any nongovernmental organization using non-USAID funds to engage in activities relating to abortion (Chapter 6, Human Rights) * Letter of Secretary of State Hillary Rodham Clinton to Senator Jeanne Shaheen outlining U.S. initiatives to end the use of rape and sexual violence in conflict zones, particularly in Sudan and the Democratic Republic of the Congo, accompanied by the proposed "Strategic Plan for Combating Violence Against Women in Sudan and the Democratic Republic of the Congo (DRC)," and Statement of Secretary of State Clinton to the UN Security Council regarding U.S.-led Resolution concerning sexual violence in situations of armed conflict (Chapter 6, Human Rights) * Statement of Ambassador Susan Rice, U.S. Permanent Representative to the United Nations, and White House Senior Advisor Valerie Jarrett on the views of the U.S. towards the UN Convention on the Rights of Persons with Disabilities (signed by the U.S. on July 30, 2009) (Chapter 6, Human Rights) * Statement of Harold Hongju Koh, Department of State Legal Adviser, to the International Court of Justice, discussing whether the "unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo [is] in accordance with international law" (Chapter 9, Diplomatic Relations, Succession, and Continuity of States) * U.S. federal court decisions relating to actions brought under sovereign states under the Foreign Sovereign Immunities Act, including actions against the Holy See, the Islamic Republic of Iran, and the Kingdom of Saudi Arabia (Chapter 10, Foreign Sovereign Immunity) * Diplomatic note indicating change in policy of the Department of State to extend the "definition of 'family' forming part of the household of a diplomatic agent [to] include same-sex domestic partners ('domestic partners') for purposes of the application of the Vienna Convention on Diplomatic Relations and Vienna Convention on Consular Relations in the United States" (74 Fed. Reg. 36,112 (July 22, 2009)) (Chapter 10, Foreign Sovereign Immunity) * The Office of the U.S. Trade Representative's 2009 Special 301 Report to identify those foreign countries that deny adequate and effective protection of intellectual property rights or deny fair and equitable market access to U.S. persons that rely upon intellectual property protection (Chapter 11, Trade, Commercial Relations, Investment, and Transportation) * Statement of the Contact Group on Piracy off the Coast of Somalia ("CGPCS"), hosted by the United States at UN Headquarters in New York (Chapter 12, Territorial Regimes and Related Issues) * President Barack H. Obama's December 18, 2009, press briefing relating to the "Copenhagen Accord," reached by the major world economies at the Fifteenth Session of the Conference of the Parties to the UN Framework Convention on Climate Change (Chapter 13, Environment and Other Transnational Scientific Issues) * Testimony of Keith Loken, Assistant Legal Adviser for Private International Law, Department of State, in support of the Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance (which was signed by the United States but awaits Senate approval) (Chapter 15, Private International Law) * Various documents relating to the U.S. position on the imposition or retention of sanctions against or the curtailment of assistance to countries including the Democratic People's Republic of Korea, Iran, Eritrea, the Democratic Republic of Congo, Sudan, Burma, Madagascar, and Honduras (Chapter 16, Sanctions) * Memorandum of President Barack H. Obama to the Secretaries of State, Treasury, and Commerce instructing them to take certain actions to implement a new policy to promote democracy and human rights in Cuba, including "facilitating greater contact between separated family members in the United States and Cuba and increasing the flow of remittances and information to the Cuban people" (Chapter 16, Sanctions) * U.S. positions on the peace process in the Israeli-Palestinian conflict and the resolution of the North-South conflict in Sudan, as well as U.S. positions on peacekeeping in Georgia, Kosovo, Lebanon, and Somalia (Chapter 17, International Conflict Resolution and Avoidance) * Excerpts from Executive Order 13491, "Ensuring Lawful Interrogations," 74 Fed. Reg. 4893 (Jan. 27, 2009), which was intended "to improve the effectiveness of human intelligence-gathering, to promote the safe, lawful, and humane treatment of individuals in United States custody and of United States personnel who are detained in armed conflicts, to ensure compliance with the treaty obligations of the United States, including the Geneva Conventions, and to take care that the laws of the United States are faithfully executed" (Chapter 18, Use of Force, Arms Control and Disarmament, and Nonproliferation) * Excerpts from Executive Order 13492, "Review and Disposition of Individuals Detained At the Guantánamo Bay Naval Base and Closure of Detention Facilities," 74 Fed. Reg. 4897 (Jan. 27, 2009) (Chapter 18, Use of Force, Arms Control and Disarmament, and Nonproliferation) * Other U.S. positions relating to treatment of detainees upon release, as well as U.S. federal court decisions relating to habeas litigation involving current detainees held at Guantanamo and in Afghanistan and civil suits involving former Guantanamo detainees (Chapter 18, Use of Force, Arms Control and Disarmament, and Nonproliferation)
Wrongful Conviction in Canadian Law by Gary Botting Pdf
"Miscarriages of justice in wrongful conviction happen more often than the criminal court system would like to admit. Awareness of the causes can reduce the overall potential for miscarriage of justice. These causes include: Prosecutorial ?tunnel vision?, Failure to make full disclosure, Suborned or concocted evidence, Eyewitness misidentification, False confessions, Reliance on in-custody informers, Incompetent ?experts?, Flawed legal representation. Wrongful Conviction in Canadian Law is the first book to review and analyze recommendations of Commissions of Inquiry into wrongful convictions. Comparative analyses reveal which recommendations have been implemented as policy, passed into legislation, or endorsed by the courts. You?ll learn how the authorities could have made ? or could have avoided ? such major errors." --Publisher.
Author : David A. Shirk Publisher : Council on Foreign Relations Page : 57 pages File Size : 50,5 Mb Release : 2011 Category : Political Science ISBN : 9780876094426
The drug war in Mexico has caused some U.S. analysts to view Mexico as a failed or failing state. While these fears are exaggerated, the problems of widespread crime and violence, government corruption, and inadequate access to justice pose grave challenges for the Mexican state. The Obama administration has therefore affirmed its commitment to assist Mexico through continued bilateral collaboration, funding for judicial and security sector reform, and building "resilient communities."David A. Shirk analyzes the drug war in Mexico, explores Mexico's capacities and limitations, examines the factors that have undermined effective state performance, assesses the prospects for U.S. support to strengthen critical state institutions, and offers recommendations for reducing the potential of state failure. He argues that the United States should help Mexico address its pressing crime and corruption problems by going beyond traditional programs to strengthen the country's judicial and security sector capacity and help it build stronger political institutions, a more robust economy, and a thriving civil society.
A comprehensive, timely, and entertaining account of the political, cultural, and economic dynamics of more than thirty discrete countries of the Western Hemisphere, this book is updated each year, providing students with the most recent information possible. The information is presented in an objective, balanced, non-ideological context, allowing the readers to formulate their own opinions. In addition to examining individual countries, the book views Latin America as a mosaic region as a whole and emphasizes its growing influence on the world stage. Besides providing accurate and timely information on the historical and political forces that have shaped each nation, it also examines the leading cultural figures and forces, from eighteenth-century writers to twentieth-century composers and singing stars to twenty-first-century filmmakers and actors. Finally, it describes the social and economic challenges that continue to afflict this exciting and emerging region.
National Research Council,Policy and Global Affairs,Division on Engineering and Physical Sciences,Computer Science and Telecommunications Board,Committee on Deterring Cyberattacks: Informing Strategies and Developing Options for U.S. Policy
Author : National Research Council,Policy and Global Affairs,Division on Engineering and Physical Sciences,Computer Science and Telecommunications Board,Committee on Deterring Cyberattacks: Informing Strategies and Developing Options for U.S. Policy Publisher : National Academies Press Page : 400 pages File Size : 47,5 Mb Release : 2010-10-30 Category : Political Science ISBN : 9780309160353
Proceedings of a Workshop on Deterring Cyberattacks by National Research Council,Policy and Global Affairs,Division on Engineering and Physical Sciences,Computer Science and Telecommunications Board,Committee on Deterring Cyberattacks: Informing Strategies and Developing Options for U.S. Policy Pdf
In a world of increasing dependence on information technology, the prevention of cyberattacks on a nation's important computer and communications systems and networks is a problem that looms large. Given the demonstrated limitations of passive cybersecurity defense measures, it is natural to consider the possibility that deterrence might play a useful role in preventing cyberattacks against the United States and its vital interests. At the request of the Office of the Director of National Intelligence, the National Research Council undertook a two-phase project aimed to foster a broad, multidisciplinary examination of strategies for deterring cyberattacks on the United States and of the possible utility of these strategies for the U.S. government. The first phase produced a letter report providing basic information needed to understand the nature of the problem and to articulate important questions that can drive research regarding ways of more effectively preventing, discouraging, and inhibiting hostile activity against important U.S. information systems and networks. The second phase of the project entailed selecting appropriate experts to write papers on questions raised in the letter report. A number of experts, identified by the committee, were commissioned to write these papers under contract with the National Academy of Sciences. Commissioned papers were discussed at a public workshop held June 10-11, 2010, in Washington, D.C., and authors revised their papers after the workshop. Although the authors were selected and the papers reviewed and discussed by the committee, the individually authored papers do not reflect consensus views of the committee, and the reader should view these papers as offering points of departure that can stimulate further work on the topics discussed. The papers presented in this volume are published essentially as received from the authors, with some proofreading corrections made as limited time allowed.
American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Publisher : American Bar Association Page : 216 pages File Size : 50,5 Mb Release : 2007 Category : Law ISBN : 1590318730
Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
