Add to ORKGSince 1789 federal courts have had jurisdiction under the Alien Tort Claims Act of tort actions in which an alien plaintiff alleges a violation of the law of nations. Two recent court of appeals cases present conflicting views of the Act\u27s applicability to contemporary international human rights claims. The Note examines the issues raised by the statute\u27s construction in this context, including the difficulty of ascertaining the precise content of customary international legal norms. It concludes that neither the political question doctrine, nor the absence of an explicit private right to sue in international law necessarily precludes a federal court from entertaining international human rights litigation under the Alien Tort Claims A...
It is often argued that the increase in agreements, specialized courts, and litigation protecting hu...
A quarter century ago, the prospects for federal civil litigation of international human rights viol...
Judge Kaufman held in a 1980 decision that a non-US citizen could file civil suits in the U.S. for h...
Since 1789 federal courts have had jurisdiction under the Alien Tort Claims Act of tort actions in w...
Much of the recent debate about the status of customary international law in the U.S. legal system h...
International law today is a discipline rife with dissensions. This is largely because international...
The Alien Tort Statute, enacted in 1789 as part of the first Judiciary Act, provides that “[t]he dis...
The Alien Tort Statute (ATS), enacted in 1789 as part of the first Judiciary Act, provides that “[t]...
It has been twenty years since the US Court of Appeals for the Second Circuit issued its landmark de...
Since the April 2013 Supreme Court decision of Kiobel v. Royal Dutch Petroleum, the future of intern...
The Alien Tort Statute (ATS) provides that the district courts shall have original jurisdiction over...
アメリカ合衆国議会が1789年に制定した外国人不法行為法は、20世紀末になり国際慣習法のルートによる国際人権訴訟の道を開いた。2004年の合衆国最高裁のSosa判決は、連邦コモンローとしての慣習国際法...
When the Second Circuit decided in Filartiga v. Pena-Irala that the Alien Tort Statute (ATS) provide...
The Alien Tort Statute, 28 U.S.C. § 1350, which provides federal jurisdiction over suits by aliens f...
In the past thirty-five years, international human rights lawyers and, more recently, international ...
It is often argued that the increase in agreements, specialized courts, and litigation protecting hu...
A quarter century ago, the prospects for federal civil litigation of international human rights viol...
Judge Kaufman held in a 1980 decision that a non-US citizen could file civil suits in the U.S. for h...
Since 1789 federal courts have had jurisdiction under the Alien Tort Claims Act of tort actions in w...
Much of the recent debate about the status of customary international law in the U.S. legal system h...
International law today is a discipline rife with dissensions. This is largely because international...
The Alien Tort Statute, enacted in 1789 as part of the first Judiciary Act, provides that “[t]he dis...
The Alien Tort Statute (ATS), enacted in 1789 as part of the first Judiciary Act, provides that “[t]...
It has been twenty years since the US Court of Appeals for the Second Circuit issued its landmark de...
Since the April 2013 Supreme Court decision of Kiobel v. Royal Dutch Petroleum, the future of intern...
The Alien Tort Statute (ATS) provides that the district courts shall have original jurisdiction over...
アメリカ合衆国議会が1789年に制定した外国人不法行為法は、20世紀末になり国際慣習法のルートによる国際人権訴訟の道を開いた。2004年の合衆国最高裁のSosa判決は、連邦コモンローとしての慣習国際法...
When the Second Circuit decided in Filartiga v. Pena-Irala that the Alien Tort Statute (ATS) provide...
The Alien Tort Statute, 28 U.S.C. § 1350, which provides federal jurisdiction over suits by aliens f...
In the past thirty-five years, international human rights lawyers and, more recently, international ...
It is often argued that the increase in agreements, specialized courts, and litigation protecting hu...
A quarter century ago, the prospects for federal civil litigation of international human rights viol...
Judge Kaufman held in a 1980 decision that a non-US citizen could file civil suits in the U.S. for h...