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United States V. Approximately 64,695 Pounds Of Shark Fins
''United States v. Approximately 64,695 Pounds of Shark Fins'' (520 F.3d 976) is a 2008 decision of the United States Court of Appeals for the Ninth Circuit concerning civil forfeiture in admiralty law. Judge Stephen Reinhardt wrote for a three-judge panel that ordered that the shark fins be returned to their owners, reversing a decision by the Southern District of California. The government did not appeal the case further. The case began in 2002 when a Coast Guard crew working from a Navy ship stopped and searched the ''King Diamond II'', a U.S.- flagged, Hong Kong-based vessel in international waters off the coast of Guatemala. On board the ship they found shark fins, equivalent to tons ( tonnes) but without any corresponding shark carcasses. The Coast Guard, upon further investigation, found documentary evidence that the ''KD II'' had arranged to meet fishing vessels at predetermined locations and buy various quantities of fins. These activities were believed to violat ...
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Federal Reporter
The ''Federal Reporter'' () is a case law reporter in the United States that is published by West Publishing and a part of the National Reporter System. It begins with cases decided in 1880; pre-1880 cases were later retroactively compiled by West Publishing into a separate reporter, ''Federal Cases''. The fourth and current ''Federal Reporter'' series publishes decisions of the United States courts of appeals and the United States Court of Federal Claims; prior series had varying scopes that covered decisions of other federal courts as well. Though the ''Federal Reporter'' is an unofficial reporter and West is a private company that does not have a legal monopoly over the court opinions it publishes, it has so dominated the industry in the United States that legal professionals, including judges, uniformly cite to the ''Federal Reporter'' for included decisions. Approximately 30 new volumes are published each year. Distinctions The ''Federal Reporter'' has always published de ...
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Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delta in South China. With 7.5 million residents of various nationalities in a territory, Hong Kong is one of the most densely populated places in the world. Hong Kong is also a major global financial centre and one of the most developed cities in the world. Hong Kong was established as a colony of the British Empire after the Qing Empire ceded Hong Kong Island from Xin'an County at the end of the First Opium War in 1841 then again in 1842.. The colony expanded to the Kowloon Peninsula in 1860 after the Second Opium War and was further extended when Britain obtained a 99-year lease of the New Territories in 1898... British Hong Kong was occupied by Imperial Japan from 1941 to 1945 during World War II; British administration resume ...
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Shark Fin Soup
Shark fin soup is a traditional soup or stewed dish served in parts of China, Taiwan, and Southeast Asia. The shark fins provide texture, while the taste comes from the other soup ingredients. It is commonly served at special occasions such as weddings and banquets, or as a luxury item.Keith BradsherDisneyland in China Offers a Soup and Lands in a Stew 17 June 2005 ''The New York Times'' However, it has been condemned by the Humane Society International, which states that approximately 72 million sharks are killed each year for their fins. Currently, international concerns over the sustainability and welfare of sharks have impacted consumption and availability of the soup worldwide. Recently, health concerns about the high concentration of BMAA in shark fins have arisen. Shark fin soup substitutes have lately appeared on the market which do not require any shark fins, thus avoiding the environmental damage caused by the shark finning practice. Preparation Traditional shark ...
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Chinese Traditional Medicine
Traditional Chinese medicine (TCM) is an alternative medical practice drawn from traditional medicine in China. It has been described as "fraught with pseudoscience", with the majority of its treatments having no logical mechanism of action. Medicine in traditional China encompassed a range of sometimes competing health and healing practices, folk beliefs, literati theory and Confucian philosophy, herbal remedies, food, diet, exercise, medical specializations, and schools of thought. In the early twentieth century, Chinese cultural and political modernizers worked to eliminate traditional practices as backward and unscientific. Traditional practitioners then selected elements of philosophy and practice and organized them into what they called "Chinese medicine" (''Zhongyi''). In the 1950s, the Chinese government sponsored the integration of Chinese and Western medicine, and in the Great Proletarian Cultural Revolution of the 1960s, promoted Chinese medicine as inexpensive a ...
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U-T San Diego
''The San Diego Union-Tribune'' is a metropolitan daily newspaper published in San Diego, California, that has run since 1868. Its name derives from a 1992 merger between the two major daily newspapers at the time, ''The San Diego Union'' and the ''San Diego Evening Tribune''. The name changed to ''U-T San Diego'' in 2012 but was changed again to ''The San Diego Union-Tribune'' in 2015. In 2015, it was acquired by Tribune Publishing. In February 2018 it was announced to be sold, along with the ''Los Angeles Times'', to Patrick Soon-Shiong's investment firm Nant Capital LLC for $500 million plus $90 million in pension liabilities. The sale was completed on June 18, 2018. History Predecessors The predecessor newspapers of the ''Union-Tribune'' were: * ''San Diego Herald'', founded 1851 and closed April 7, 1860; John Judson Ames was its first editor and proprietor. * ''San Diego Sun'', founded 1861 and merged with the ''Evening Tribune'' in 1939. * ''San Diego Union'', foun ...
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Loophole (law)
A loophole is an ambiguity or inadequacy in a system, such as a law or security, which can be used to circumvent or otherwise avoid the purpose, implied or explicitly stated, of the system. Originally, the word meant an arrowslit, a narrow vertical window in a wall through which an archer (or, later, gunman) could shoot. Loopholes were commonly used in U.S. forts built during the 1800s. Located in the sally port, a loophole was considered a last ditch defense, where guards could close off the inner and outer doors trapping enemy soldiers and using small arms fire through the slits. Loopholes are distinct from lacunae, although the two terms are often used interchangeably. In a loophole, a law addressing a certain issue exists, but can be legally circumvented due to a technical defect in the law, such as a situation where the details are under-specified. A lacuna, on the other hand, is a situation in which no law exists in the first place to address that particular issue. Use a ...
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Barack Obama
Barack Hussein Obama II ( ; born August 4, 1961) is an American politician who served as the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, Obama was the first African-American president of the United States. He previously served as a U.S. senator from Illinois from 2005 to 2008 and as an Illinois state senator from 1997 to 2004, and previously worked as a civil rights lawyer before entering politics. Obama was born in Honolulu, Hawaii. After graduating from Columbia University in 1983, he worked as a community organizer in Chicago. In 1988, he enrolled in Harvard Law School, where he was the first black president of the '' Harvard Law Review''. After graduating, he became a civil rights attorney and an academic, teaching constitutional law at the University of Chicago Law School from 1992 to 2004. Turning to elective politics, he represented the 13th district in the Illinois Senate from 1997 until 2004, when he ran for the U ...
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Holding (law)
The holding is a court's determination of a matter of law based on the issue presented in the particular case. In other words: under ''this'' law, with ''these'' facts, ''this'' result. It is the same as a 'decision' made by the judge; however "decision" can also refer to the judge's entire opinion, containing, for example, a discussion of facts, issues, and law as well as the holding. The ''holding'' is the "legal principle to be drawn from the opinion (decision) of the court." Appellate review "The word 'holding' is indefinite and may refer to a trial ruling of the court upon evidence or other questions presented during the trial. Of course, no oral statement made by the court at the close of a trial, nor any written memorandum opinion filed, may be assigned as error on appeal, as the final decision in a law action is the judgment signed, based upon the court's findings of fact and conclusions of law."''Edward L. Eyre & Co. v. Hirsch'', 36 Wn.2d 439, 446 (1950) See also *''Rat ...
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Barry Ted Moskowitz
Barry Ted Moskowitz (born August 17, 1950) is a senior United States district judge of the United States District Court for the Southern District of California. Education and career Born in Paterson, New Jersey, Moskowitz received a Bachelor of Arts degree from Rutgers College in 1972 and a Juris Doctor from Rutgers School of Law–Newark in 1975. He was a law clerk for Judge Leonard I. Garth on the United States Court of Appeals for the Third Circuit from 1975 to 1976. He was an Assistant United States Attorney for the District of New Jersey from 1976 to 1982. He was in private practice in Wayne, New Jersey from 1982 to 1985, and was then again an Assistant United States Attorney, this time in the Southern District of California, from 1985 to 1988. Federal judicial service From 1986 to 1995, Moskowitz was a United States magistrate judge of the Southern District of California. On June 30, 1995, Moskowitz was nominated by President Bill Clinton to a new seat on the United Stat ...
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In Rem Jurisdiction
''In rem'' jurisdiction ("power about or against 'the thing) is a legal term describing the power a court may exercise over property (either real or personal) or a "status" against a person over whom the court does not have ''in personam'' jurisdiction. Jurisdiction ''in rem'' assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property. United States Within the U.S. federal court system, jurisdiction ''in rem'' typically refers to the power a federal court may exercise over large items of immoveable property, or real property, located within the court's jurisdiction. The most frequent circumstance in which this occurs in the Anglo-American legal system is when a suit is brought in admiralty law against a vessel to satisfy debts arising from the operation or use of that vessel. Within the American state court systems, jurisdiction ''in rem'' may refer to the power the state court may exerc ...
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San Diego
San Diego ( , ; ) is a city on the Pacific Ocean coast of Southern California located immediately adjacent to the Mexico–United States border. With a 2020 population of 1,386,932, it is the List of United States cities by population, eighth most populous city in the United States and the county seat, seat of San Diego County, the List of the most populous counties in the United States, fifth most populous county in the United States, with 3,338,330 estimated residents as of 2019. The city is known for its mild year-round climate, natural deep-water harbor, extensive beaches and parks, long association with the United States Navy, and recent emergence as a healthcare and biotechnology development center. San Diego is the List of municipalities in California, second largest city in the U.S. state, state of California, after Los Angeles. Historically home to the Kumeyaay people, San Diego is frequently referred to as the "Birthplace of California", as it was the first site vi ...
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Seizure (law)
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime. Some countries have certain provisions in their constitutions that provide the public with the right to be free from "unreasonable searches and seizures". This right is generally based on the premise that everyone is entitled to a reasonable right to privacy. Though specific interpretation may vary, this right can often require law enforcement to obtain a search warrant or consent of the owner before engaging in any form of search and seizure. In cases where evidence is seized in a search, that evidence might be rejected by court procedures, such as with a motion to suppress the evidence under the exclusionary rule. Italy In Italy protection from search and seizure is enshrined i ...
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