Please consider each of the following hypothetical cases.
For each, determine:
(1) Does the United States have prescriptive jurisdiction?
(2) If so, by what principle of prescriptive jurisdiction?
Leath R. Neck was a U.S. Marine stationed on Okinawa. While Neck was
travelling beyond the confines of the U.S. base there, he was violently
attacked and nearly killed by a Japanese national. The Japanese national
was subsequently captured by Japanese authorities.
A group of Palauan privateers seized a French ship, the S.S. Lotus
II, on the high seas (of the Pacific Ocean). The Lotus II had
aboard only French passengers and crew. The Lotus II later entered
San Francisco harbor where the privateers were detained by U.S. authorities.
John Blogs, a U.S. national, lived in Madrid, Spain during 1988-89.
During that period, he paid no U.S. income taxes. Upon his return to the
United States in 1990, he resumed paying federal and state taxes. In 1992,
the U.S. Department of Internal Revenuse discovered Blogs' failure to pay
taxes during 1988-89. Blogs claimed: As a non-resident of the United States
during that time period, he had not been bound to pay U.S. taxes.
In Bogota, Colombia, drug lord Juan Valdez launched a campaign of terror
against the city's inhabitants. Valdez sought to challenge the Colombian
Government's recent crackdown on his global cocaine production and distribution
operation. Perhaps three thousand Colombia nationals perished in a single
bomb attack in a downtown market area. No U.S. nationals, however, were
killed or injured in Valdez' murderous rampage. Shortly thereafter, Latin
American mercenaries employed by the CIA secretly entered the Valdez compound,
subdued Valdez, and helped clandestinely to transmit Valdez to the United
States. There, Valdez was accused of conspiracy to commit murder of Colombian
Bo "Gus" Bilz printed U.S. currency in his Montreal apartment.
Bilz never brought the greenbacks into the United States; nevertheless,
he was charged by the United States with counterfeiting.
Guido Carmona, a Sicilian underworld leader, ordered the "liquidation"
of his American rival, Giovanni "the Sleazeball" Manicotti. After
leaving Carmona's lavish home in Sicily, Aldo "the Knife" Boyardi
flew to the United States. There, Boyardi promptly stabbed Manicotti while
Manicotti was dining. Several months later, while Carmona was attending
his niece's baptism in Brooklyn, New York, Boyardi confessed to U.S. authorities.
Carmona was thereafter charged with murder.
In U.S. Statute 1302, whimsical U.S. legislators required that all Norwegian
men "wear orange knit caps while sojourning within U.S. territory."
Rolf Hansen, an Olympic speedskater, refused to comply, calling such a
demand "foolish and profoundly insulting." Moreover, he contended,
it was "impractical to wear [his] orange hat while showering."
A group of crazed American archaeologists plotted to steal India's prized
"Eye of Bengal" from the Bombay National Museum. Their heist
a splendid success, the group returned to the United States where they
was subsequently caught and tried for conspiracy to commit theft. The U.S.
Government contended that the "plot was hatched" on American
While vacationing in Cannes, U.S. national Wanda McPherson was murdered by a love-struck Frenchman. Shortly thereafter, Guy LaRoche (the perpetrator of the dastardly deed) was apprehended in Oo La La, a fashionable New York city nightclub.