Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Agency theory (1)
- Alberto Bernabe (1)
- Alien (1)
- Alien Tort Statute (ATS) (1)
- Artificially inseminated (1)
-
- Child’s race (1)
- Civil action (1)
- Civil litigation (1)
- Continental Congress (1)
- Corporate law (1)
- Corporations (1)
- Cramblett v. Midwest Sperm Bank (1)
- Disability. (1)
- Federal law (1)
- Foreign states (1)
- Illinois (1)
- International business (1)
- International law (1)
- Kiobel v. Royal Dutch Shell (1)
- Law of nations (1)
- Medical condition (1)
- Negligence (1)
- Racial mismatch (1)
- Respondeat superior theory (1)
- St. Mary’s Law School (1)
- St. Mary’s Scholar (1)
- St. Mary’s University School of Law (1)
- State actors (1)
- Subject-matter jurisdiction (1)
- Sung Je Lee (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
The History Of The Rise Of The Alien Tort Statute And The Future Implications Of Kiobel V. Royal Dutch Shell., Sung Je Lee
The History Of The Rise Of The Alien Tort Statute And The Future Implications Of Kiobel V. Royal Dutch Shell., Sung Je Lee
The Scholar: St. Mary's Law Review on Race and Social Justice
The United States Supreme Court did not clearly define what facts invoke the Alien Tort Statute (ATS). The Court also failed to provide guidance as to what claims touch and concern the territory of the United States. Enacted by the Continental Congress in the late 18th century, ATS states that federal district courts shall have original jurisdiction of any civil action by an alien for a tort committed in violation of the law of nations or a treaty of the United States. Because ATS has remained dormant for nearly 200 years, various federal courts have experienced immense difficulty interpreting its …
Do Black Lives Matter? Race As A Measure Of Injury In Tort Law., Alberto Bernabe
Do Black Lives Matter? Race As A Measure Of Injury In Tort Law., Alberto Bernabe
The Scholar: St. Mary's Law Review on Race and Social Justice
Courts should not recognize an injury for wrongful birth or wrongful life based on the race of the child. In Cramblett v. Midwest Sperm Bank, the petitioner contracted with a sperm bank to be artificially inseminated from an anonymous sperm donor. The petitioner selected a donor with blond hair and blue eyes. The sperm bank accidentally inseminated the petitioner with sperm from a different donor. Petitioner gave birth to a mixed-race baby girl. Two years after the birth, petitioner filed a lawsuit against the sperm bank alleging wrongful birth. The court dismissed her case, nonetheless the issue remains whether race …