Today in the news, American courts have jurisdiction over RUSSIA!!!
Don't believe me? Please, read this glowing account of American arrogance.
I understand the need for the preservation of historical religious artifacts, but there are a few issues begging to be asked here: first, under what theory of law did the District Court gain their jurisdiction. Property which never entered the United States, currently is the property (which apparently is not the simple act of possession, but the right to exclusive possession, conversion to another of that right, or the right to exclusion of the property from another person or persons) by a foreign state, and is, roughly estimating, 6,000 miles from the District Court issuing the ruling.
Rather unfortunate the ruling wasn't passed down in Alaska, eh (no pun intended, my Canadian readers)?
Second, the ruling was passed down under international law. Should the international court system, toothless bite and all, be the venue in which the matter is presented? Seems to be that would be the logical place, but with my six months of legal education what do I really know?
Finally, if the U.S. District Courts can hear cases over Russian property and the Russian state, well, why, in the good Lords name, didn't we exercise this unlimited jurisdictional potential during a brief fifty year period called THE COLD WAR?!?!?!
I can see the complaint now: "Joe Shmoe, citizen of Middleofnowhereville, USA, filed a motion for injunctive relief against Russia to stop being Communists."
Oh what the Cold War could have been had we only known of our judicial system's potential.
Thursday, January 22, 2009
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4 comments:
I just wanted to comment on the new upbeat color of your blog.
How about the amazingness of an American court exercising jurisdiction over a foreign state? Under international law? Over property which has never been in the US?
Thanks for the comment!
All that seems trivial compared to the new color scheme of your blog.
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