Extradition statute - constitutional law - separation of powers - appointments clause

Article Abstract:

The Second Circuit Court of Appeals, in Lo Duca v. United States, rejected the petitioner's arguments that the US-Italy Extradition Treaty is unconstitutional. The petitioners claimed that, because the Secretary of State decides whether to extradite an accused after a judge has certified the accused as extraditable, the Treaty gave the Executive branch review over judicial decisions or involved judges working outside of their judicial duties. The Court found that the judges were working within their role but not exercising Article III judicial powers so the issue was moot.

United States, Interpretation and construction, Separation of powers, Constitutional law, Constitutional interpretation

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Universality and passive personality principles of jurisdiction in French law - effect of amnesy by state where crimes occured - non-application of prescription under statute of limitations in cases where victim disappears - indicment and request for extradition of former foreign head of state

Article Abstract:

The author examines warrants issued by the French Tribunal de grande instance regarding disappeared French citizens under Augusto Pinochet's government and the issues of jurisdiction, statutes of limitation, and extradition raised by their issuance.

France, Pinochet, Augusto, Jurisdiction, Disappeared persons, Limitation of actions (Criminal law), Statute of limitations (Criminal law)

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