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JURISDICTION FOLLOWING ILLEGAL EXTRATERRITORIAL SEIZURE - INTERNATIONAL HUMAN RIGHTS OBLIGATIONS AS AN ALTERNATIVE TO CONSTITUTIONAL STALEMATE

NCJ Number
39440
Journal
Texas Law Review Volume: 54 Issue: 7 Dated: (NOVEMBER 1976) Pages: 1439-1470
Author(s)
R L SAROSDY
Date Published
1976
Length
32 pages
Annotation
THIS COMMENT EXAMINES CONFLICTING FEDERAL COURT INTERPRETATIONS OF THE DUE PROCESS RIGHTS OF DEFENDANTS KIDNAPPED FROM OTHER NATIONS AND COMPELLED TO APPEAR IN US COURTS.
Abstract
DUE PROCESS ANALYSES USED AND REJECTED BY DIFFERENT FEDERAL COURTS AND US HUMAN RIGHTS OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS ARE DISCUSSED. THE DUTY OF THE COURTS TO ALLOW DEFENDANTS TO RAISE THESE VIOLATIONS AT TRIAL OR IN A HABEAS CORPUS PROCEEDING AND SUBSEQUENT DIVESTITURE OF JURISDICTION IS IDENTIFIED BY THE AUTHOR AS THE PROPER REMEDY TO THIS HUMAN RIGHTS VIOLATION....EB