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Journal articles on the topic 'Law – United States – Miscellanea'

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Published: 25 July 2024
Last updated: 31 July 2024

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1

Worrall, John L. "Kyllo v. United States." Journal of Contemporary Criminal Justice 19, no. 2 (May 2003): 205–23. http://dx.doi.org/10.1177/1043986203251618.

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2

Levinson, S. "United States: Assessing Heller." International Journal of Constitutional Law 7, no. 2 (March 16, 2009): 316–28. http://dx.doi.org/10.1093/icon/mop002.

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3

Whalen, Thomas J., and Anthony A. Santangelo. "United States Regulation of Non-US Airlines Operating to the United States." Air and Space Law 30, Issue 4/5 (September 1, 2005): 330–45. http://dx.doi.org/10.54648/aila2005024.

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4

Wiet, Elizabeth J. "Witte v. United States: Double Jeopardy and the United States Sentencing Guidelines." Journal of Criminal Law and Criminology (1973-) 86, no. 4 (1996): 1539. http://dx.doi.org/10.2307/1144067.

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5

Thielges, S., C. Unger, and C. Mewes. "United States." Carbon & Climate Law Review 16, no. 1 (2022): 73–78. http://dx.doi.org/10.21552/cclr/2022/1/9.

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6

Wuerth, Ingrid. "International Law, Domestic Law, and the United States." American Journal of International Law 108, no. 1 (January 2014): 116–23. http://dx.doi.org/10.5305/amerjintelaw.108.1.0116.

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7

Kontorovich, Eugene. "United States v. Dire." American Journal of International Law 107, no. 3 (July 2013): 644–49. http://dx.doi.org/10.5305/amerjintelaw.107.3.0644.

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In the first criminal piracy decision by a United States court in nearly a century, the U.S. Court of Appeals for the Fourth Circuit ruled that the federal piracy statute’s reference to the “law of nations” explicitly ties the scope of the offense to evolving customary international law definitions of the crime. The court went on to find that under current customary and treaty law, attempted piracy falls within the scope of the international crime. In doing so, it joined several courts in nations around the world that have confronted the issue as a result of the outbreak of Somali piracy that began in 2008.
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8

Weber Waller, Spencer. "United States Antitrust Law and Economics." World Competition 31, Issue 4 (December 1, 2008): 631–32. http://dx.doi.org/10.54648/woco2008050.

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9

Pisani, Donald J., and Gordon Morris Bakken. "Law in the Western United States." Western Historical Quarterly 33, no. 1 (2002): 69. http://dx.doi.org/10.2307/4144726.

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10

Prince, Willam B. "Mining Law in the United States." Mineral Resources Engineering 07, no. 04 (December 1998): 393–401. http://dx.doi.org/10.1142/s0950609898000419.

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11

Buehler, Cheryl. "Divorce Law in the United States." Marriage & Family Review 21, no. 3-4 (July 12, 1995): 99–120. http://dx.doi.org/10.1300/j002v21n03_06.

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12

Liang, Bryan A. "An overview of United States law." Hematology/Oncology Clinics of North America 16, no. 6 (December 2002): 1315–30. http://dx.doi.org/10.1016/s0889-8588(02)00062-x.

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13

Vetri, Dominick. "Reproductive Technologies and United States Law." International and Comparative Law Quarterly 37, no. 3 (July 1988): 505–34. http://dx.doi.org/10.1093/iclqaj/37.3.505.

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14

Edmundson, William A. "Precedent and United States Administrative Law." Studia Iuridica Lublinensia 27, no. 1 (May 28, 2018): 69. http://dx.doi.org/10.17951/sil.2018.27.1.69.

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15

Berger, Curtis J. "Timesharing in the United States." American Journal of Comparative Law 38 (1990): 131. http://dx.doi.org/10.2307/840537.

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16

Steiker, Jordan. "United States: Roper v. Simmons." International Journal of Constitutional Law 4, no. 1 (January 1, 2006): 163–71. http://dx.doi.org/10.1093/icon/moi058.

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17

Lowenfeld, Andreas F. "U.S. Law Enforcement Abroad: The Constitution and International Law." American Journal of International Law 83, no. 4 (October 1989): 880–93. http://dx.doi.org/10.2307/2203377.

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In recent years, the Congress of the United States has enacted a series of laws criminalizing certain activities committed outside the territory of the United States, even by persons who are not nationals of the United States. The international lawyer would doubtless characterize those laws as assertions by the United States of authority to exercise jurisdiction to prescribe laws on the basis of the principle of “passive personality”—to punish actions directed at the state’s nationals—or perhaps as new applications of principles of universal jurisdiction; one might then examine those laws in the light of recent developments in the international law governing state jurisdiction to prescribe.
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18

Stoler, Mark A., and Richard H. Kohn. "The United States Military under the Constitution of the United States, 1789-1989." American Journal of Legal History 38, no. 1 (January 1994): 84. http://dx.doi.org/10.2307/845324.

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19

Stoler, Mark A., and Richard H. Kohn. "The United States Military under the Constitution of the United States, 1789-1989." American Journal of Legal History 37, no. 4 (October 1993): 518. http://dx.doi.org/10.2307/845821.

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20

Mangone, Gerard. "Marine Boundaries: States and the United States." International Journal of Marine and Coastal Law 21, no. 2 (2006): 121–71. http://dx.doi.org/10.1163/157180806777973077.

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AbstractMarine boundaries between states of the United States and between the states and the United States have a long and contentious history. Disputes have arisen between states separated by a river and between states in extending their land boundaries seaward. Especially since the Submerged Lands Act of 1953, disputes between states and the federal United States over title to valuable resources in the three-mile coastal area measured from the shoreline have been sharp and continuous. The legal basis for the delimitation of marine zones, including common law, statutes and international law, has been explored, indicating the reliance of courts on all three sources plus equitable principles.
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21

Porter, John Edward. "United States Senate." Biotechnology Law Report 16, no. 3 (May 1997): 377–80. http://dx.doi.org/10.1089/blr.1997.16.377.

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22

Marcus, Paul. "United States / The juvenile justice system in the united states." Revue internationale de droit pénal 75, no. 1 (2004): 535. http://dx.doi.org/10.3917/ridp.751.0535.

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23

Clarizio, Lynda M. "United States v. Yunis." American Journal of International Law 83, no. 1 (January 1989): 94–99. http://dx.doi.org/10.2307/2202796.

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Defendant Fawaz Yunis, a Lebanese resident and citizen, was charged for his alleged involvement in the 1985 hijacking of a Jordanian civil aircraft in the Middle East. Defendant moved to dismiss the indictment on the ground that, under general principles of international law, the court lacked subject matter and personal jurisdiction over a crime committed by a nonresident alien on foreign soil and that federal law provided no independent basis for such jurisdiction. The United States District Court for the District of Columbia (per Parker, J.) denied the motion to dismiss in part and granted it in part, and held: (1) that those counts of the indictment charging the defendant with violation of section 32(a) of the Destruction of Aircraft Act (18 U.S.C. §32(a) (1986)) (Aircraft Piracy Act) should be dismissed on the ground that this section provided no jurisdiction over aircraft piracy offenses having no connection to U.S. territory; (2) that traditional principles of international law provided sufficient grounds for asserting both subject matter and personal jurisdiction over the other crimes charged; and (3) that the Act for the Prevention and Punishment of the Crime of Hostage Taking (18 U.S.C. §1203 (1986)) (Hostage Taking Act) and section 32(b) of the Aircraft Piracy Act imposed liability for the offenses allegedly committed by the defendant.
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24

Price, Daniel M. "United States v. Stuart." American Journal of International Law 83, no. 4 (October 1989): 918–23. http://dx.doi.org/10.2307/2203382.

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In response to a request by Canadian tax authorities under the United States-Canada Double Taxation Convention (Convention), the U.S. Internal Revenue Service (IRS) issued summonses to obtain U.S. bank records concerning certain accounts of respondents, Canadian citizens whose Canadian tax liability was under investigation. Respondents sought to quash the summonses, arguing that because under 26 U.S.C. §7609(b) the IRS is prohibited by U.S. law from using its summons authority to obtain information about a U.S. taxpayer once a case is referred to the Justice Department for prosecution, and because the tax investigation of respondents was part of a Canadian criminal investigation, the IRS should be precluded from using its summons authority to honor the Canadian request under the Convention. Unsuccessful in the district court, respondents prevailed in the U.S. Court of Appeals for the Ninth Circuit, which held that under the “good faith” standard applicable to enforcement of domestic summonses, the IRS may issue a summons pursuant to a Convention request only if it first determines and makes an affirmative statement to the effect that the Canadian investigation has not reached a stage analogous to a Justice Department referral by the IRS. The U.S. Supreme Court (per Brennan, J.) reversed, and held: (1) that if the summons is issued in good faith, it is enforceable regardless of whether the Canadian request is directed toward criminal prosecution under Canadian law; and (2) neither United States law nor anything in the text or the ratification history of the Convention supports the imposition of additional requirements. Justice Kennedy (joined by O’Connor, J.), concurring in part and in the judgment, filed a brief opinion to state his view that it is unnecessary to decide whether Senate preratification materials are authoritative sources for treaty interpretation. Justice Scalia, concurring in the judgment, wrote separately to oppose the use of such materials in treaty construction.
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25

Warbrick, Colin. "Public law in the United States and the United Kingdom." International Affairs 68, no. 1 (January 1992): 158. http://dx.doi.org/10.2307/2620494.

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26

ATIYAH, P. S. "Economic Loss in the United States." Oxford Journal of Legal Studies 5, no. 3 (1985): 485–90. http://dx.doi.org/10.1093/ojls/5.3.485.

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27

Gramckow, Heike. "Community prosecution in the United States." European Journal on Criminal Policy and Research 5, no. 4 (December 1997): 9–26. http://dx.doi.org/10.1007/bf02677659.

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28

Finnin, Sarah. "UPDATE ON UNITED STATES MILITARY COMMISSIONS." Yearbook of International Humanitarian Law 10 (December 2007): 198–231. http://dx.doi.org/10.1017/s1389135907001985.

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AbstractThis article provides a detailed update on the progress of the United States military commissions under the regime established by the Military Commissions Act of 2006 for the trial of detainees captured during the War on Terror for so-called war crimes. In particular, the author examines the plea and sentencing of Australian detainee David Hicks, the pre-trial developments in the case of Canadian detainee Omar Khadr, and the early litigation involving the detainees who have been dubbed the ‘September 11 co-conspirators’. The author also touches on the Supreme Court decision inHamdanv.Rumsfeld, some of the significant features of the Military Commission Act, the recent federal court litigation in the case ofBoumedienev.Bush, and the construction of the new military commission building at Guantanamo Bay Naval Base.
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29

Boyne, Shawn Marie. "Data Protection in the United States." American Journal of Comparative Law 66, suppl_1 (July 2018): 299–343. http://dx.doi.org/10.1093/ajcl/avy016.

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30

Post, R. C. "Constitutional scholarship in the United States." International Journal of Constitutional Law 7, no. 3 (June 29, 2009): 416–23. http://dx.doi.org/10.1093/icon/mop015.

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31

Mauser, Gary A. "Gun control in the United States." Criminal Law Forum 3, no. 1 (1992): 147–59. http://dx.doi.org/10.1007/bf01095763.

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32

Kelly, Robert J. "Political-Criminal Nexus: The United States." Trends in Organized Crime 3, no. 1 (September 1997): 78–81. http://dx.doi.org/10.1007/s12117-997-1147-3.

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33

Marshall, Ineke Haen. "How exceptional is the United States?" European Journal on Criminal Policy and Research 4, no. 2 (June 1996): 7–35. http://dx.doi.org/10.1007/bf02731600.

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34

Erika M. Tribuzi. "The Inevitable United States Adoption of IFRS: How and Why the United States Should Be Prepared." Indiana Journal of Global Legal Studies 25, no. 2 (2018): 817. http://dx.doi.org/10.2979/indjglolegstu.25.2.0817.

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35

Lee, Yong-Shik. "Law and Development in the United States." Law and Development Review 14, no. 2 (June 1, 2021): 327–58. http://dx.doi.org/10.1515/ldr-2021-0070.

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Abstract Economic development is the term that has been associated with less developed countries in the Third World (“developing countries”), not the economically advanced countries (“developed countries”), such as the United States. However, the changing economic conditions in recent decades, such as the widening income gaps among individual citizens and regions within developed countries, stagnant economic growth deepening economic polarization, and an institutional incapacity to deal with these issues, render the concept of economic development relevant to the assessment of the economic problems in developed countries. In the United States, these economic problems caused a significant political consequence such as the unexpected outcome of the presidential election in 2016. This article examines the applicability of the legal and institutional approaches, which were originally adopted to stimulate economic development in successful developing countries, to the economic problems in the United States.
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36

HARRIS, DONALD. "Tort Law Reform in the United States." Oxford Journal of Legal Studies 11, no. 3 (1991): 407–15. http://dx.doi.org/10.1093/ojls/11.3.407.

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37

NOGUCHI, Sachie. "Law school libraries in the United States." Journal of Information Processing and Management 46, no. 11 (2004): 728–40. http://dx.doi.org/10.1241/johokanri.46.728.

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38

George, F. "Law and Culture in the United States." American Journal of Jurisprudence 48, no. 1 (January 1, 2003): 131–47. http://dx.doi.org/10.1093/ajj/48.1.131.

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39

Forsythe, David P. "The United States and International Humanitarian Law." Journal of Human Rights 7, no. 1 (March 19, 2008): 25–33. http://dx.doi.org/10.1080/14754830701866450.

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40

Scalise, Ronald J. "New Developments in United States Succession Law." American Journal of Comparative Law 54, suppl_1 (2006): 103–24. http://dx.doi.org/10.1093/ajcl/54.suppl1.103.

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41

Okeke, Chris Nwachukwu, and James A. R. Nafziger. "United States Migration Law: Essentials for Comparison***." American Journal of Comparative Law 54, suppl_1 (2006): 531–52. http://dx.doi.org/10.1093/ajcl/54.suppl1.531.

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42

Bodansky, Daniel. "International Environmental Law in United States Courts." Review of European Community & International Environmental Law 7, no. 1 (April 1998): 57–62. http://dx.doi.org/10.1111/1467-9388.00127.

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43

ㅤ. "Agricultural tenancy law in the United States." Tijdschrift voor Agrarisch Recht 52, no. 5 (May 1, 1992): ㅤ. http://dx.doi.org/10.5117/tvar1992.5.003.

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44

Martin, Jared. "United States Prescription Drug Crisis." Journal of Legal Medicine 27, no. 4 (December 2006): 477–92. http://dx.doi.org/10.1080/01947640601021105.

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45

Won, Soo Ran, In-Keun Shim, Jeonghoon Kim, Hyun Ah Ji, Yumi Lee, Jongchun Lee, and Young Sung Ghim. "PM2.5 and Trace Elements in Underground Shopping Districts in the Seoul Metropolitan Area, Korea." International Journal of Environmental Research and Public Health 18, no. 1 (January 3, 2021): 297. http://dx.doi.org/10.3390/ijerph18010297.

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We measured PM2.5 in 41 underground shopping districts (USDs) in the Seoul metropolitan area from June to November 2017, and associated 18 trace elements to determine the sources and assess the respiratory risks. The PM2.5 concentrations were 18.0 ± 8.0 μg/m3 inside USDs, which were lower than 25.2 ± 10.6 μg/m3 outside. We identified five sources such as indoor miscellanea, soil dust, vehicle exhaust/cooking, coal combustion, and road/subway dust, using factor analysis. Almost 67% of the total trace element concentration resulted from soil dust. Soil dust contribution increased with the number of stores because of fugitive dust emissions due to an increase in passers-by. Vehicle exhaust/cooking contribution was higher when the entrances of the USDs were closed, whereas coal combustion contribution was higher when the entrances of the USDs were open. Although miscellanea and coal combustion contributions were 3.4% and 0.7%, respectively, among five elements with cancer risk, Cr and Ni were included in miscellanea, and Pb, Cd, and As were included in coal combustion. The excess cancer risk (ECR) was the highest at 67 × 10−6 for Cr, and the ECR for Pb was lower than 10−6, a goal of the United States Environmental Protection Agency for hazardous air pollutants.
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46

Simon, Jonathan. "Uncommon Law: America's Excessive Criminal Law & Our Common-Law Origins." Daedalus 143, no. 3 (July 2014): 62–72. http://dx.doi.org/10.1162/daed_a_00288.

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This essay explores the role that U.S. criminal courts play in shaping the uniquely punitive social order of the United States. U.S. courts have long been defined against the common law of England, from which they emerged. In this essay, I consider the English legacy and suggest that while the United States does draw heavily from common-law traditions, it has also innovated to alter them, a process that has established a criminal justice system even more punitive than that of England.
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47

Corrigan, Matthew J. "United States v. S.A. Empresa Varig Airlines et al. – United States v. united Scottish Insurance Co. et al. 104 S. Ct. 2755." Air and Space Law 10, Issue 2 (April 1, 1985): 106–9. http://dx.doi.org/10.54648/aila1985014.

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48

Leigh, Monroe. "United States v. Montgomery." American Journal of International Law 80, no. 2 (April 1986): 346–47. http://dx.doi.org/10.2307/2201967.

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49

Leigh, Monroe. "Langenegger v. United States." American Journal of International Law 79, no. 1 (January 1985): 135–37. http://dx.doi.org/10.2307/2202672.

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50

Weinstein, Bonnie. "United States v. Biermann." American Journal of International Law 83, no. 1 (January 1989): 99–103. http://dx.doi.org/10.2307/2202797.

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Defendants, citizens of the United Kingdom, Bermuda, the Federal Republic of Germany and the United States, were operators of a sailing vessel on the high seas that was registered in the United Kingdom and flying the UK flag. Defendants were indicted for possession of several tons of marijuana, with intent to distribute, following a search and seizure of their vessel by the United States Coast Guard. Initially, the court granted defendants’ request for an evidentiary hearing. However, upon further consideration, the U.S. District Court for the Northern District of California (per Legge, J.) held: that the court had proper jurisdiction, and that defendants’ motions to suppress evidence obtained from the boarding, search and seizure of the vessel and to conduct an evidentiary hearing should be denied.
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