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Full-Text Articles in Law

Autonomy, Self-Governance, And The Margin Of Appreciation: Developing A Jurisprudence Of Diversity Within Universal Human Rights, Douglas Lee Donoho Oct 2001

Autonomy, Self-Governance, And The Margin Of Appreciation: Developing A Jurisprudence Of Diversity Within Universal Human Rights, Douglas Lee Donoho

Faculty Scholarship

No abstract provided.


Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short Jul 2001

Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short

Faculty Scholarship

I argue in this article that no reasonable basis exists to justify federal courts refusing to consider forum non conveniens arguments in cases brought under the Alient Tort Statute; in fact, good reasons exist to retain the doctrine in its undiluted form. The purpose and design of forum non conveniens make it sufficiently flexible to be invoked in even the most compelling human rights cases brought in the United States. If applied properly, the doctrine will identify ATS cases that cannot and should not be dismissed to foreign fora; however, if forum non conveniens operates as it should, it also …


The Costs Of International Human Rights Litigation, Curtis A. Bradley Jan 2001

The Costs Of International Human Rights Litigation, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Universal Jurisdiction And U.S. Law, Curtis A. Bradley Jan 2001

Universal Jurisdiction And U.S. Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.


Presidents, Secretaries Of State, And Other Visible International Lawyers, Lori Fisler Damrosch Jan 2001

Presidents, Secretaries Of State, And Other Visible International Lawyers, Lori Fisler Damrosch

Faculty Scholarship

I invite you to join me on a journey back ninety years, to the 1911 Annual Meeting as recorded in the 1911 Proceedings (pp. 340-41). President Rovine's predecessor, the then-president of the Society, was Elihu Root, a former secretary of war and secretary of state who was at the time senator for New York (Senator Clinton, please take note!). Root would win the Nobel Peace Prize the following year. President Root proposed a toast to the honorary president of the Society, who then gave the banquet address.