United States v. Toscanino: An Assault on the Ker-Frisbie Rule

This Comment will examine the so-called Ker-Frisbie rule underlying the position of our courts\u27 refusal to review the claims of those who challenge the personal jurisdiction of a court subsequent to an extra-legal transfer from a foreign jurisdiction. The analysis herein will reveal the basic weakness of the rule and furnish sound arguments for its abandonment. In this respect, this Comment will rely heavily on the spirit and resourcefulness of the case of United States v. Toscanino, wherein the Second Circuit conducted a searching examination of the Ker-Frisbie rule and found it unsatisfactory in light of our current notions of pretrial criminal due process and international law