Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 2 of 2
Full-Text Articles in Law
Withholding Protection, Lindsay M. Harris
Withholding Protection, Lindsay M. Harris
Journal Articles
In June 2018, President Trump wrote a pair of tweets en route to his golf course, calling for “no Judges or Court Cases” at our border and swift deportation of immigrants, essentially without due process. While immigrant advocates were quick to explain the myriad constitutional problems with this proposal, elements of Trump’s dream are already a reality. This Article reveals how a single Customs and Border Protection officer can short-circuit the checks and balances prescribed by U.S. and international law to protect refugees from being returned to harm, and cast a long shadow over a future, meritorious asylum claim. In …
Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway
Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway
Antioch Law Journal
In Filartiga v. Pefia-IralaI the United States Court of Appeals for the Second Circuit upheld the subject matter jurisdiction of the federal courts over an action between foreign nationals for the wrongful death by torture of a seventeen year old boy in Paraguay. Reversing the United States District Court for the Eastern District of New York, the Second Circuit held that deliberate torture committed by a foreign police official violates international law, and that an action may therefore be brought in district court under 28 U.S.C. § 1350 (The Alien Tort Statute).2 The Alien Tort Statute, rarely invoked since its …