Territoriality and Its Troubles

2020 ◽  
pp. 371-388
Author(s):  
George Rutherglen
Keyword(s):  
United States ◽  
Ad Hoc ◽  
The United States ◽  
Statutory Interpretation ◽  
Choice Of Law ◽  
Government Power ◽  
Case Count ◽  
Federal Statute

This chapter examines what the presumption against extraterritoriality means and how it operates. The presumption against extraterritoriality itself presumes a set of complicated rules about which features of a transnational case count: which features make a case territorial and within the scope of a federal statute because these features can be located within the United States or, if they cannot, make the case extraterritorial and outside the statute’s scope. The dependence of the presumption upon a network of other rules both complicates its operation and makes it a less than certain guide to statutory interpretation. The chapter then considers the justification for territorial allocation of government power generally, and addresses the question of whether any presumption about the territorial scope of statutes must await a new consensus on the appropriate rules of choice of law. It argues that the presumption against extraterritoriality requires a flexible interpretation that makes it more of a principle than a rule. From that premise, the chapter studies the choice between an ad hoc and a principled application of the presumption, both of which are exemplified in recent decisions.

scholarly journals Incidence of Benign Meningiomas in the United States: Current and Future Trends

2021 ◽  
Author(s):  
Sonia Bhala ◽  
Douglas R Stewart ◽  
Victoria Kennerley ◽  
Valentina I Petkov ◽  
Philip S Rosenberg ◽  
...  
Keyword(s):  
United States ◽  
Age Groups ◽  
Cancer Registries ◽  
Health Impact ◽  
The United States ◽  
Birth Cohorts ◽  
Benign Meningioma ◽  
Case Count ◽  
Future Burden ◽  
Rate Ratios

Abstract Background Benign meningiomas are the most frequently reported central nervous system tumors in the United States (US), with increasing incidence in past decades. However, the future trajectory of this neoplasm remains unclear. Methods We analyzed benign meningioma incidence of cases identified by any means (eg, radiographically with or without microscopic confirmation) in US Surveillance Epidemiology and End Results (SEER) cancer registries among 35–84-year-olds during 2004–2017 by sex and race/ethnicity using age-period-cohort (APC) models. We employed APC forecasting models to glean insights regarding the etiology, distribution, and anticipated future (2018–2027) public health impact of this neoplasm. Results In all groups, meningioma incidence overall increased through 2010, then stabilized. Temporal declines were statistically significant overall and in most groups. JoinPoint analysis of cohort rate-ratios identified substantial acceleration in White men born after 1963 (from 1.1% to 3.2% per birth year); cohort rate-ratios were stable or increasing in all groups and all birth cohorts. We forecast that meningioma incidence through 2027 will remain stable or decrease among 55–84-year-olds but remain similar to current levels among 35–54-year-olds. Total meningioma burden in 2027 is expected to be approximately 30,470 cases, similar to the expected case count of 27,830 in 2018. Conclusions Between 2004–2017, overall incidence of benign meningioma increased and then stabilized or declined. For 2018–2027, our forecast is incidence will remain generally stable in younger age groups but decrease in older age groups. Nonetheless, the total future burden will remain similar to current levels because the population is aging.

scholarly journals Learning to Detain Asylum Seekers and the Growth of Mass Immigration Detention in the United States

2021 ◽  
pp. 1-29
Author(s):  
Smita Ghosh ◽  
Mary Hoopes
Keyword(s):  
United States ◽  
Infectious Diseases ◽  
Cognitive Dissonance ◽  
Media Coverage ◽  
Asylum Seekers ◽  
Ad Hoc ◽  
The United States ◽  
Critical Component ◽  
Immigration Detention ◽  
Important Shift

Drawing upon an analysis of congressional records and media coverage from 1981 to 1996, this article examines the growth of mass immigration detention. It traces an important shift during this period: while detention began as an ad hoc executive initiative that was received with skepticism by the legislature, Congress was ultimately responsible for entrenching the system over objections from the agency. As we reveal, a critical component of this evolution was a transformation in Congress’s perception of asylum seekers. While lawmakers initially decried their detention, they later branded them as dangerous. Lawmakers began describing asylum seekers as criminals or agents of infectious diseases in order to justify their detention, which then cleared the way for the mass detention of arriving migrants more broadly. Our analysis suggests that they may have emphasized the dangerousness of asylum seekers to resolve the dissonance between their theoretical commitments to asylum and their hesitance to welcome newcomers. In addition to this distinctive form of cognitive dissonance, we discuss a number of other implications of our research, including the ways in which the new penology framework figured into the changing discourse about detaining asylum seekers.

scholarly journals The FDSN: history and objectives

1994 ◽  
Vol 37 (5) ◽  
Author(s):  
A. M. DzIewonski
Keyword(s):  
United States ◽  
Data Collection ◽  
Annual Meeting ◽  
Ad Hoc ◽  
Active Role ◽  
The United States ◽  
Global Network ◽  
Global Seismology ◽  
Research Facilities ◽  
Seismographic Network

The origins of the Federation of Digital Seismograph Networks (FDSN) can be traced to the summer of 1984. At that time, GEOSCOPE - the French global network of broadband instruments - was already well under way, and in the United States, the Incorporated Research Institutions for Seismology (IRIS) had just published its Science Plan for Global Seismographic Network (GSN). There was clearly an opportunity and the need to involve scientists from other countries in planning for the future of global seismology. An ad hoc meeting of some ten West European seismologists had been arranged in August during the annual meeting of the European Geophysical Society in Louvain. This may be considered to signify the beginning of widescale international cooperation, even though this particular group eventually became the nucleus of ORFEUS (Observatories and Research Facilities for EUropean Seismology). Rather than taking an active role in deployment of new stations, it chose to focus on the issue of providing the service for data collection and exchange, with an important mission of developing the requisite software.

Presidents in Charge

2014 ◽  
Author(s):  
David P. Auerswald ◽  
Stephen M. Saideman
Keyword(s):  
United States ◽  
Ad Hoc ◽  
The United States ◽  
Leadership Selection ◽  
Presidential Transition ◽  
French Case ◽  
Primary Means ◽  
Agent Selection ◽  
Presidential Systems ◽  
Nicolas Sarkozy

This chapter focuses primarily on two presidential systems, those of the United States and France. In each country, an individual is empowered to make significant military decisions or delegate those decisions to subordinates. There are two particular elements that distinguish how the Americans ran their war compared to many of the other countries: agent selection and incentives. Because the United States led an ad hoc effort (Operation Enduring Freedom) and only later became the leader of the NATO effort, the primary means of control was leadership selection and termination. The chapter then turns to the French case, where there is a significant change in behavior on the ground that followed the presidential transition from Jacques Chirac to Nicolas Sarkozy. Chirac placed significant restrictions on where the French were deployed and with what capabilities. Sarkozy lifted those restrictions but still answered the phone when questions arose in the field. The chapter also briefly addresses the case of Poland.

“I Prefer Panthers to Pigs”

2017 ◽  
Author(s):  
Sean L. Malloy
Keyword(s):  
United States ◽  
International Organizations ◽  
Ad Hoc ◽  
Minority Groups ◽  
Black Panther Party ◽  
State Level ◽  
The United States ◽  
Malcolm X ◽  
National Organization ◽  
Foreign Governments

This chapter looks at how the Black Power pioneers of the early 1960s discovered that relations between minority groups in the United States and the foreign governments or international organizations to which they appealed were seldom conducted on equal terms. While the mushrooming growth of the Black Panther Party (BPP) as a national organization in 1968 gave the party more leverage than Malcolm X or Williams had enjoyed as individuals, the Panthers still interacted with their potential state-level partners as supplicants rather than as equals. The ad hoc, person-to-person diplomacy that formed the foundation of these relationships often revealed ideological schisms both within the party and between the BPP and its potential allies.

1. An Ad Hoc Navy

2018 ◽  
pp. 1-11
Author(s):  
Craig L. Symonds
Keyword(s):  
United States ◽  
New York ◽  
Ad Hoc ◽  
The United States ◽  
Revolutionary War ◽  
Royal Navy ◽  
Supply Line

‘An ad hoc navy: the Revolutionary War (1775–1783)’ describes the Patriots’ response to the British Royal Navy strongholds in Boston and New York and the role of armed vessels during the Revolutionary War. It begins with George Washington’s attempts to threaten the British supply line using boats. The Continental Navy was founded on October 13, 1775, but the new program could hardly challenge the Royal Navy. With the exception of John Paul Jones, the Continental Navy proved mostly disappointing. The United States won its independence largely because the determination of the Patriot forces outlasted the British willingness to fight—and to pay for—a war three thousand miles away.

12. The Governance of Scotland and Wales

2021 ◽  
pp. 318-344
Author(s):  
Ian Loveland
Keyword(s):  
United States ◽  
United Kingdom ◽  
Supreme Court ◽  
The United States ◽  
The United Kingdom ◽  
Government Power ◽  
Geographical Separation ◽  
The Government

This chapter examines how the constitution has addressed the question of the geographical separation of government power in the United Kingdom of England, Scotland, and Wales, and discusses the Scotland Act 1998 and the Government of Wales Acts of 1998 and 2006. It argues that although the Scotland Act 1998 and Government of Wales Act 2006 fall short of creating a ‘federal’ UK constitution similar to how the notion is understood in the United States, the constitutional significance of the devolution legislation should not be underestimated. The chapter also discusses the conduct and outcome of the 2014 independence referendum in Scotland. Consideration is given to the leading Supreme Court judgments on the nature and extent of the Scots Parliament’s legislative powers, and to the contents and implications of the Scotland Act 2016.

Part III Investment Disputes and Political Risk, 10 Intervention of States in Investment Disputes

2020 ◽  
Author(s):  
Rubins Noah ◽  
Papanastasiou Thomas-Nektarios ◽  
Kinsella N Stephan
Keyword(s):  
United States ◽  
Ad Hoc ◽  
Use Of Force ◽  
Political Risk ◽  
Economic Sanctions ◽  
The United States ◽  
Foreign Investor ◽  
Investment Treaty ◽  
International Tribunals

This chapter discusses the actions that States may take to obtain redress against other States at whose hands their citizens are mistreated. Where no investment treaty binds home and host States, and where no other instrument offers the jurisdictional foundation for investor–State arbitration, a foreign investor may have no other remedy but to appeal to his government for assistance. A State’s intervention on behalf of its citizens may take several forms, ranging from informal diplomatic discussions to formal adversarial proceedings before ad hoc or standing international tribunals. The remainder of the chapter covers the “espousal” of claims, claims before international tribunals, economic sanctions, invalidation of title, prohibitions against the use of force, and the Foreign Claims Settlement Act of the United States.

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