Vanderbilt University Law School Scholarship@Vanderbilt Law Vanderbilt Law School Faculty Publications Faculty Scholarship 2002 European Courts, American Rights: Extradition and Prison Conditions Daniel J. Sharfstein Follow this and additional works at: http://scholarship.law.vanderbilt.edu/faculty-publications Part of the Law Commons Recommended Citation Daniel J. Sharfstein, European Courts, American Rights: Extradition and Prison Conditions, 67 Brooklyn Law Review. 719 (2002) Available at: http://scholarship.law.vanderbilt.edu/faculty-publications/387 This Article is brought to you for free and open access by the Faculty Scholarship at Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law School Faculty Publications by an authorized administrator of Scholarship@Vanderbilt Law. For more information, please contact
[email protected]. EUROPEAN COURTS, AMERICAN RIGHTS: EXTRADITION AND PRISON CONDITIONS* DanielJ. Sharfstein' TABLE OF CONTENTS INTRODUCTION 721 I. EXTRADITION IN A BRAVE NEW WORLD 724 A. The Increasing Importance of Extradition 724 B. Common Defenses, Uncommon Reactions 727 II. THE EFFECT OF SOERING ON EXTRADITION AND THE DEATH PENALTY IN THE UNITED STATES 732 A. The Predicted Aftermath: Change or Crisis 732 B. Anticlimax 738 @2002 Daniel J. Sharfstein. All Rights Reserved. Associate, Strumwasser & Woocher, Santa Monica, California. Law Clerk to the Honorable Dorothy W. Nelson, United States Court of Appeals for the Ninth Circuit, 2000-2001. A.B., Harvard College, 1994; J.D., Yale Law School, 2000. I am extremely grateful to W. Michael Reisman for his invaluable and inspiring feedback and suggestions. I also thank Harold Hongju Koh and Mark Templeton for guidance when the ideas for this Article were incubating.