3,997 research outputs found
Thanks, but No Thanks: State Supreme Courts\u27 Attempts to Remove Themselves from the Federal Habeas Exhaustion Requirement
Thanks, but No Thanks: State Supreme Courts\u27 Attempts to Remove Themselves from the Federal Habeas Exhaustion Requirement
Fighting the War on Drugs in the New World Order : The Ker-Frisbie Doctrine As A Product of its Time
This Note analyzes the United States policy of abducting fugitives from abroad to stand trial when an asylum nation refuses an extradition request. The United States has justified this so-called snatch authority under the century-old Ker-Frisbie Doctrine. Pursuant to this doctrine, the Supreme Court has refused to examine the means by which a person has been brought before a court. In 1974, however, the United States Court of Appeals for the Second Circuit created a narrow exception that would bar jurisdiction if an accused proved acts of torture, but no defendant has ever met this standard.
Since Ker and Frisbie were decided, international and United States law have focused more on human rights and individual integrity and thus have antedated the Ker-Frisbie doctrine. Nevertheless, in light of an aggressive posture toward the war on drugs, neither the Bush Administration nor the Rehnquist Court currently seems willing to abandon the Ker-Frisbie doctrine.
This Note concludes that the snatch policy may be a necessary tool in the war on drugs, but that a limitless Ker-Frisbie doctrine fails to account for the increased sensitivity to human rights and individual integrity. The author proposes that meaningful due process limitations on the doctrine still would allow for a tough fight in the war on drugs, but would preserve the values underlying human rights and United States constitutional law
The Right to Argue That Trial Counsel Was Constitutionally Ineffective
A person accused of a crime has a right to the effective assistance of trial counsel. When that right is violated, defendants seek relief by arguing that their attorney was ineffective. This article addresses a situation in which a class of defendants is deprived of any opportunity to ever argue that trial counsel was ineffective. In Pennsylvania, ineffectiveness claims generally must be deferred to the post-conviction stage of a case instead of being litigated during the direct appeal. To be eligible for post-conviction relief, however, a defendant must be serving a sentence when the court issues a ruling. For those defendants with too short of a sentence to litigate a post-conviction petition, there is no way to argue that trial counsel was ineffective. This means that a defendant may have been convicted solely because of trial counsel\u27s ineffectiveness, but yet has no way to remedy this constitutional error
Economic Impacts of Aquatic Vegetation to Angling in Two South Carolina Reservoirs
Angler creel surveys and economic impact models were
used to evaluate potential expansion of aquatic vegetation in
Lakes Murray and Moultrie, South Carolina. (PDF contains 4 pages.
Impact of resonant magnetic perturbations on the L-H transition on MAST
The impact of resonant magnetic perturbations (RMPs) on the power required to access H-mode is examined experimentally on MAST. Applying RMP in n = 2, 3, 4 and 6 configurations delays the L-H transition at low applied fields and prevents the transition at high fields. The experiment was primarily performed at RMP fields sufficient to cause moderate increases in ELM frequency, fmitigated/ fnatural ∼ 3. To obtain H-mode with RMPs at this field, an increase of injected beam power is required of at least 50% for n = 3 and n = 4 RMP and 100% for n = 6 RMP. In terms of power threshold, this corresponds to increases of at least 20% for n = 3 and n = 4 RMPs and 60% for n = 6 RMPs. This 'RMP affected' power threshold is found to increase with RMP magnitude above a certain minimum perturbed field, below which there is no impact on the power threshold. Extrapolations from these results indicate large increases in the L-H power threshold may be required for discharges requiring large mitigated ELM frequency
The analysis of late Bronze Age glass from Nuzi and the question of the origin of glass-making
This paper re‐analyses a considerable corpus of glass from the Late Bronze Age site of Nuzi, found near Kirkuk in Iraq. SEM–WDS and Sr and Nd isotopic analysis were applied, in addition to cataloguing the glass. The work showed that the glass technology at Nuzi was subtly different from contemporary Egyptian sites, using different ways of opacifying and working glass. At least two, perhaps three, Near Eastern production sites are postulated. The range of glass colours and the skill of their application at Nuzi was perhaps not on a par with the Egyptian sites. This led to a reconsideration and review of the accepted wisdom that the Near East is the source of the innovation that is glass‐making. This opinion is based on limited textual and iconographic sources and is dominated by an erroneous early date for a very developed Nuzi glass industry along with a few finds of glass vessels in early contexts. Some of this evidence has now been at least questioned, suggesting that glass‐making in Egypt, at least as early as the middle of the 15th century bc, and probably earlier, is no later than that in the Near East. It is argued that it is far from clear that the Near East was the source of the innovation and that a more cautious approach would better fit the evidence
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