Suchergebnisse

This article begins by exploring the development of extraterritoriality in the US. It notes the expansion of extraterritorial provisions in federal criminal legislation & how these provisions permit prosecutors to proceed with criminal actions for conduct occurring outside this country. It also reflects on the use of an "objective territorial principle" by the judiciary that permits criminal prosecutions whenever the conduct of the actor has a substantial effect in the US. As an alternative to using "objective territoriality," this article advocates using a "defensive territoriality" approach. This article stresses the benefits of using a "defensive territoriality" approach to decide whether to prosecute an extraterritorial crime. 69 References. Adapted from the source document.

The decreasing importance of "legal spatiality," defined as the relationship between law & territoriality, in the present-day world is studied. Although the Westphalian understanding of territoriality persisted through WWII, as evidenced in the US Supreme Court's decision in Ross v. McIntyre (1891), it is asserted that the Supreme Court's decision in Reid v. Covert (1957) substantially weakened legal spatiality within the US legal system. Rather than assert that globalization is solely responsible for the further enervation of legal spatiality, it is asserted that several additional factors have played a considerable role in threatening the connection between the law & territoriality, eg, states presently possess more incentive to protect markets from the extraterritorial activities of citizens & many advanced industrial Western states are willing to assert their laws extraterritorially since economic competition between liberal democratic nations rarely escalates to military conflict. Despite this trend, domains of US law that still prioritize territoriality are acknowledged, eg, laws dedicated to combating drug traffickers & terrorists. J. W. Parker

Governments are territorial, and the future of this nation's cities depends on there being enough of their inhabitants with a strong commitment to ensuring that they have a future. Among those who have such an interest are the cities' employees. Their role in city government is more than that of passive instruments merely carrying out the will of political superiors. City survival depends on a city's overall capacity to attract and hold the kind of people who, if they are territorially attached, will undertake what is necessary to enable the city to renew its economy.