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Articles 1 - 4 of 4

Full-Text Articles in Law

What Is Troubling About The Tortification Of Employment Discrimination Law?, William Corbett Jan 2014

What Is Troubling About The Tortification Of Employment Discrimination Law?, William Corbett

Journal Articles

No abstract provided.


Two Myths About The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark Jan 2014

Two Myths About The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark

Journal Articles

In Kiobel v. Royal Dutch Petroleum Co., the Supreme Court applied the presumption against extraterritorial application of U.S. law to hold that the Alien Tort Statute (ATS) did not encompass a claim between aliens for misconduct that occurred in another nation. Without much elaboration, the Court stated that the ATS only encompasses claims that “touch and concern the territory of the United States . . . with sufficient force to displace the presumption.” As it did in Sosa v. Alvarez-Machain, the Kiobel Court purported to rest its decision on the original public meaning of the ATS when enacted in 1789. The Court ...


Private Law In The Gaps, Jeffrey A. Pojanowski Jan 2014

Private Law In The Gaps, Jeffrey A. Pojanowski

Journal Articles

Private law subjects like tort, contract, and property are traditionally taken to be at the core of the common law tradition, yet statutes increasingly intersect with these bodies of doctrine. This Article draws on recent work in private law theory and statutory interpretation to consider afresh what courts should do with private law in statutory gaps. In particular, it focuses on statutes touching on tort law, a field at the leading edge of private law theory. This Article's analysis unsettles some conventional wisdom about the intersection of private law and statutes. Many leading tort scholars and jurists embrace a ...


Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Douglass Cassell Jan 2014

Suing Americans For Human Rights Torts Overseas: The Supreme Court Leaves The Door Open, Douglass Cassell

Journal Articles

No abstract provided.