Jurisdiction Commons^™

Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser

Indiana Law Journal

This Note will ultimately argue that, despite the expansive language in Kiobel, the Court’s reasoning does not necessarily foreclose all “foreign-cubed” claims. Suits alleging human rights violations originating from conduct that took place in failed states avoid the concerns the Court emphasized in Kiobel. The Court should allow jurisdiction for human rights offenses in failed states, despite their “foreign-cubed” nature, because the already existing rationale for allowing jurisdiction for international piracy offenses is highly analogous.

Part I of this Note explores the ATS jurisprudence leading up to and including Kiobel. Besides exploring the tensions and policy interests courts are grappling …

Filartiga V. Pena-Irala After Ten Years: Major Breakthrough Or Legal Oddity?, Karen E. Holt

Georgia Journal of International & Comparative Law

No abstract provided.

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

Maryland Journal of International Law

No abstract provided.

Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz

Maryland Journal of International Law

No abstract provided.