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14 Aug 2012, 7:52 pm by John Bellinger
   We point out, inter alia, that extraterritorial application of the ATS in most cases violates the Court’s longstanding proscription (first enunciated in 1897 in Underhill v Hernandez) against allowing U.S. courts to “sit in judgment on the acts of the government of another, done within its own territory. [read post]
17 Jul 2012, 6:50 am by Tobias Thienel
This doctrine holds,in the broadest outline, that English (like U.S.) courts 'will not sit in judgment on the acts of the government of another done within its own territory' (Underhill v Hernandez, 168 U.S. 250, 252 (1897)) or 'will not adjudicate upon the transactions of foreign sovereign states' (Buttes Gas Oil Co v Hammer (No 3) [1982] AC 888, 931G). [read post]
25 Jun 2012, 11:29 am
Elias was hit with the slew of counts in violation of Title 18 of the United States Code, including: • Conspiracy to commit bank fraud • Substantive bank fraud (16 counts) • Aggravated identity theft (3 counts) • Destruction of evidence (one count) The other 13 defendants were also hit with a variety of counts, depending on the nature of their complicity and responsibility. [read post]
19 Jun 2012, 8:06 am by Mark J. Rose, Esq.
Ferrer, United States Attorney for the Southern District of Florida, John V. [read post]
15 May 2012, 8:06 am by Steve Hall
Even for Justice Antonin Scalia, the crassest of the current United States Supreme Court justices, it was a particularly callous piece of writing. [read post]
1 May 2012, 6:35 am by Nabiha Syed
United States, in which it will consider the scope of its 2010 decision in Padilla v. [read post]
6 Apr 2012, 1:04 pm by Russell S. Whittle Esq. MSCC
The United States District Court for the District of Oregon, Portland Division recently published its opinion in the case of Oregon State Bar Professional Liability Fund v. [read post]
5 Apr 2012, 4:18 pm by Eugene Volokh
(Eugene Volokh) Scott Johnson (PowerLine) reports on this very interesting case (United States v. $35,131.00 in United States Currency (S.D. [read post]
5 Apr 2012, 11:13 am by Kevin O'Keefe
Drawing by Patrick Finney The concept of bad facts making bad law struck again with United States District Court Judge Marco A. [read post]