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Michael S. Finch and Michael P. Allen, An Illustrated Guide to Civil Procedure (1st ed., Aspen Publishers, 2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Did Overcriminalization Allow for the Prosecution of Martha Stewart, in Martha Stewart's Legal Troubles (Joan Macleod Hemingway ed., Carolina Academic Press, 2006)Clicking on the button will copy the full recommended citation.
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Michael S. Finch, The Fair Use Doctrine, in The Encyclopedia of American Civil Liberties (Paul Finkelman ed., Routledge, 2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Materiality as an Element of Obstruction, in Martha Stewart's Legal Troubles (Joan Macleod Hemingway ed., Carolina Academic Press, 2006)Clicking on the button will copy the full recommended citation.
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Michael S. Finch, Fairness Doctrine, in The Encyclopedia of American Civil Liberties (Paul Finkelman ed., Routledge, 2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Incorporating Transnational Law in First Year Criminal Law and Procedure Classes, 56 J. Legal Educ. 444 (2006)Clicking on the button will copy the full recommended citation.
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James W. Fox, Edwards v. California, in Encyclopedia of American Civil Liberties (Routledge Reference, 2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, Book Review, Money Laundering and Legal Globalization: Where Does the United States Stand on this Issue?, 5 Wash. U. Global Stud. L. Rev. 151 (2006)Clicking on the button will copy the full recommended citation.
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James W. Fox, Privileges and Immunities, in Encyclopedia of American Civil Liberties (Routledge Reference, 2006)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor, A New Dimension to the Prosecution of White Collar Crime: Enforcing Extraterritorial Social Harms, 37 McGeorge L. Rev. 83 (2006)Clicking on the button will copy the full recommended citation.
David McNab and David Pasquantino were sentenced to prison for very different crimes, but in both cases the laws of another country served as a basis for the United States prosecutions. This Article examines and analyzes the McNab and Pasquantino cases, and in this process considers the issues faced when a prosecution is premised on another country's laws. For example, a key issue in the McNab case was whether the United States correctly interpreted Honduran law. In Pasquantino, the Court struggled with the use of a generic federal statute, wire fraud, to prosecute conduct that violates the revenue laws of another country.
A question explored in this Article is whether a United States prosecution should be allowed when the supposed harm caused by the criminal conduct is predominantly a harm to another country. This Article recommends that extraterritorial prosecutions, including those in the United States that use foreign law, need to give more recognition to the location of the social harm.