Law Commons^™

The Federal Common Law Of Nations, Anthony J. Bellia, Bradford R. Clark

Anthony J. Bellia

Courts and scholars have vigorously debated the proper role of customary international law in American courts: To what extent should it be considered federal common law, state law, or general law? The debate has reached something of an impasse, in part because various positions rely on, but also are in tension with, historical practice and constitutional structure. This Article describes the role that the law of nations actually has played throughout American history. In keeping with the original constitutional design, federal courts for much of that history enforced certain rules respecting other nations' perfect rights (or close analogues) under the …

Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili

San Diego Law Review

This Article aims to make sense of this neglected area of ATS law. I contend that the salient issue in these deceased-victim cases is not whether the nonvictim plaintiffs have standing to sue but rather whether they have a viable cause of action in the first place. Standing and cause of action concepts have an uneasy relationship in law. Although the distinction between constitutional standing and cause of action inquiries is well established, the division is less clear where, as here, standing doctrine is used to define a plaintiff’s eligibility to bring suit. Indeed, reliance on standing terminology in this …

Cutting To The Chase: Corporate Liability For The Environmental Harm Under The Alien Tort Statute, Kiobel, And Congress, Tony Kupersmith

William & Mary Environmental Law and Policy Review

No abstract provided.

Rethinking Legal Globalization: The Case Of Transnational Personal Jurisdiction, Donald Earl Childress Iii

William & Mary Law Review

Under what circumstances may a United States court exercise personal jurisdiction over alien defendants? Courts and commentators have yet to offer a coherent response to this question. That is surprising given that scholars have been calling for the globalization of U.S. law since the late 1980s as part of a transnational litigation narrative.

Through doctrinal and empirical analysis, this Article argues that a U.S. court should have power to exercise personal jurisdiction over an alien defendant not served with process within a state’s borders when (1) the defendant has received constitutionally adequate notice, (2) the state has a constitutionally sufficient …

Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt

Maryland Journal of International Law

No abstract provided.

Extraterritoriality, Universal Jurisdiction, And The Challenge Of Kiobel V.Royal Dutch Petroleum Co., Vivian Grosswald Curran

Maryland Journal of International Law

No abstract provided.

Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin

Maryland Journal of International Law

No abstract provided.

Kiobel V. Royal Dutch Petroleum: A Practitioner's Viewpoint, Marco Simons

Maryland Journal of International Law

No abstract provided.

Kiobel: Muddling The Distinction Between Prescriptive And Adjudicative Jurisdiction, Anthony J. Colangelo

Maryland Journal of International Law

No abstract provided.

Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish

Maryland Journal of International Law

No abstract provided.

Kiobel And Extraterritoriality: A Rule Without A Rationale, David L. Sloss

Maryland Journal of International Law

No abstract provided.

Extraterritoriality And Human Rights After Kiobel, Beth Stephens

Maryland Journal of International Law

No abstract provided.

Or A Treaty Of The United States: Treaties And The Alien Tort Statute After Kiobel, Geoffrey R. Watson

Scholarly Articles

The decision in Kiobel v. Royal Dutch Petroleum Co. left open a number of questions about the scope of the Alien Tort Statute (ATS). One such question is the extent to which Kiobel ’s holding on extraterritoriality applies to the oft-neglected final words of the ATS: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” What if one such treaty obliged the United States to provide a civil forum for litigation ofhumanrights violations that occurred abroad …

The Supreme Court And The Alien Tort Statute: Kiobel V. Royal Dutch Petroleum Co., Ingrid W. Brunk

Vanderbilt Law School Faculty Publications

Alien Tort Statute litigation has generated a growing number of questions about the the scope of statute, but in Kiobel v. Royal Dutch Petroleum Co. the Supreme Court finally answered one of them: the presumption against extraterritoriality applies to the statute. Going forward, courts may apply a robust version of the presumption, effectively ending ATS litigation as we currently know it. Or, they may not. The Court’s citations to Morrison v. Nat’l Austl. Bank Ltd. suggest the former; some language in the various opinions suggests the latter. This article explores these uncertainties and also discusses additional factors that may be …

Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish

Articles by Maurer Faculty

No abstract provided.