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14 B.U. L. Rev. 591 (1934)
Extradition and Rendition History - Law - Recommendations

handle is hein.journals/bulr14 and id is 595 raw text is: EXTRADITION AND RENDITION
HISTORY-LAW-RECOMMENDATIONS
By FRANK KOPELMANA
I
INTRODUCTION
This study is not intended to be a treatise on either the law of extra-
dition or rendition. Its main purpose is to point out many unsatisfac-
tory conditions and the need for reform.
We must reform the law to meet new conditions which were brought
about through the influence of modern invention and a change in the
internal policy of governments with a view of adopting the theories
of modern criminology and jurisprudence. Many of these reforms
find themselves hampered by deep-rooted theories which were perhaps
well-founded according to the make-up of society and its train of
thought of several centuries ago. We must, therefore, proceed to
eradicate the existing defects with cautiousness, and not too speculative
theories of reform, in order to meet the approval of the present society.
An attempt will be made, by way of recommendations, to show how
many of these existing defects in the law can be remedied.
It is clear that it would be unwise to attempt any radical changes in
the law and procedure of extradition since it is a problem of world-wide
application and the process of reform should therefore be one of steady
evolution.
It is the belief of the writer that the proper approach to this study is
to first lay the foundation of the doctrine of extradition. To this end
he will devote considerable space to the origin and history of the sub-
ject. The history of a subject will very often show its growing tendency
and is therefore probably the proper method to be employed in proving
what remedies or changes are to be made in order to meet the present
demands and also, with some degree of certainty, the demands of the
near future.
Secondly, the writer will discuss so much of the present law as will
enable the reader to decide for himself whether it is adaptable to the
present conditions or conforms to the existing principles and theories.
In presenting the present law the writer will often give a brief of a
case which has arisen under such law in order to prove an actual need
for reform.
ALL.B. (cum laude) 1931, LL.M., 1932, A.M., 1933, Boston University; S.J.D.,
1934, Harvard Law School; Member of the Massachusetts and Federal Bars.
This paper was originally written for and submitted in Professor Sam B.
Warner's Graduate Course in the Administration of Criminal Justice at the
Harvard Law School.

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