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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 Federal Reporter#Federal Reporter, Third Series, 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 Fish fin, fins be returned to their owners, reversing a decision by the United States District Court for the Southern District of California, Southern District of California. The government did not appeal the case further. The case began in 2002 when a United States Coast Guard, Coast Guard crew working from a United States Navy, Navy ship stopped and searched the ''King Diamond II'', a U.S.-ship registration, 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 ...
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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 publi ...
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Hong Kong
Hong Kong)., Legally Hong Kong, China in international treaties and organizations. is a special administrative region of China. With 7.5 million residents in a territory, Hong Kong is the fourth most densely populated region in the world. Hong Kong was established as a colony of the British Empire after the Qing dynasty ceded Hong Kong Island in 1841–1842 as a consequence of losing the First Opium War. The colony expanded to the Kowloon Peninsula in 1860 and was further extended when the United Kingdom obtained a 99-year lease of the New Territories in 1898. Hong Kong was occupied by Japan from 1941 to 1945 during World War II. The territory was handed over from the United Kingdom to China in 1997. Hong Kong maintains separate governing and economic systems from that of mainland China under the principle of one country, two systems. Originally a sparsely populated area of farming and fishing villages,. the territory is now one of the world's most signific ...
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Shark Fin Soup
Shark's fin soup is a 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 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'' 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 sustainable seafood, sustainability and animal welfare, 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 Traditio ...
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Chinese Traditional Medicine
Traditional Chinese medicine (TCM) is an alternative medical practice drawn from traditional medicine in China. A large share of its claims are pseudoscientific, with the majority of treatments having no robust evidence of effectiveness or logical mechanism of action. Some TCM ingredients are known to be toxic and cause disease, including cancer. 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. TCM as it exists today has been described as a largely 20th century invention. 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". In the 1950s, the Chinese ...
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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, the newspaper 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. In July 2023, Soon-Shiong sold the paper to Digital First Media, a company owned by Alden Global Capital. 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 p ...
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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. Legal 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. ...
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Barack Obama
Barack Hussein Obama II (born August 4, 1961) is an American politician who was the 44th president of the United States from 2009 to 2017. A member of the Democratic Party, he was the first African American president in American history. Obama previously served as a U.S. senator representing Illinois from 2005 to 2008 and as an Illinois state senator from 1997 to 2004. Born in Honolulu, Hawaii, Obama graduated from Columbia University in 1983 with a Bachelor of Arts degree in political science and later worked as a community organizer in Chicago. In 1988, Obama enrolled in Harvard Law School, where he was the first black president of the ''Harvard Law Review''. He became a civil rights attorney and an academic, teaching constitutional law at the University of Chicago Law School from 1992 to 2004. In 1996, Obama was elected to represent the 13th district in the Illinois Senate, a position he held until 2004, when he successfully ran for the U.S. Senate. In the 2008 pre ...
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Holding (law)
A 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'' is the 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 al ...
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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 Moskowitz was born in Paterson, New Jersey. He received a Bachelor of Arts degree from Rutgers University in 1972 and a Juris Doctor from Rutgers Law School 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 States ...
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In Rem Jurisdiction
In law, ''in rem'' jurisdiction (Law Latin for "power about or against 'the thing) is a legal term referring to 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 s ...
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San Diego
San Diego ( , ) is a city on the Pacific coast of Southern California, adjacent to the Mexico–United States border. With a population of over 1.4 million, it is the List of United States cities by population, eighth-most populous city in the United States. San Diego is the county seat, seat of San Diego County. It is known for its mild Mediterranean climate, extensive List of beaches in San Diego County, beaches and List of parks in San Diego, parks, long association with the United States Navy, and recent emergence as a wireless, electronics, List of hospitals in San Diego, healthcare, and biotechnology development center. Historically home to the Kumeyaay people, San Diego has been referred to as the ''Birthplace of California'', as it was the first site visited and settled by Europeans on what is now the West Coast of the United States. In 1542, Juan Rodríguez Cabrillo claimed the area for Spain, forming the basis for the settlement of Alta California, 200 years later. ...
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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 ...
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