The Alien Tort Statute And The Law Of Nations, 2016 Notre Dame Law School
The Alien Tort Statute And The Law Of Nations, Bradford R. Clark, Anthony J. Bellia
Anthony J. Bellia
Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (ATS). As enacted in 1789, the ATS provided "[t]hat the district courts...shall...have cognizance...of all causes where an alien sues for tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004 ...
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, 2016 Notre Dame Law School
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Roger P. Alford
With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the atrocity, is beyond the jurisdictional reach of the ...
Protecting Economic Interests Through The Nominate Tort Action For Breach Of Statutory Duty, 2016 University of Newcastle, NSW, Australia
Protecting Economic Interests Through The Nominate Tort Action For Breach Of Statutory Duty, Neil J. Foster
Neil J Foster
Applying Domestic Statutes To Foreign Conduct: How Much Does Kiobel Touch And Concern The Presumption Against Extraterritorial Application, 2016 University of Miami Law School
Applying Domestic Statutes To Foreign Conduct: How Much Does Kiobel Touch And Concern The Presumption Against Extraterritorial Application, Jessica Neer Mcdonald
University of Miami Inter-American Law Review
This paper examines a tumultuous history of applying United States law to foreign conduct in United States federal courts and the impact of recent Supreme Court decisions in this area. Despite its inconsistent application, the presumption against extraterritorial application may bridle Article III courts’ authority of applying domestic law to foreign conduct. Notably, a complicated test of displacing the presumption has emerged from the recent Supreme Court case of Kiobel v. Royal Dutch Petroleum Co., which concerned foreign conduct under the Alien Tort Statute (“ATS”). The test states the presumption is overcome if the foreign conduct “touches and concerns” the ...
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), 2016 Nevada Law Journal
Khoury V. Seastrand, 132 Nev. Adv. Op. 52 (July 28, 2016), Ronni Boskovich
Nevada Supreme Court Summaries
The Court considered three consolidated appeals from a district court judgment, pursuant to a jury verdict, and post-judgment orders awarding costs and denying a new trial in a personal injury action. While the Court addressed numerous issues, the following three questions comprised the bulk of the consolidated appeals: (1) whether an attorney may ask prospective jurors questions concerning a specific verdict amount to determine potential bias or prejudice; (2) whether repeatedly asking questions about that specific amount results in jury indoctrination warranting a mistrial; and (3) when a district court abuses its discretion in dismissing jurors for cause under Jitnan ...
Forum Selling, 2016 USC Law School
Forum Selling, Daniel M. Klerman, Greg Reilly
University of Southern California Legal Studies Working Paper Series
Forum shopping is problematic because it may lead to forum selling. For diverse motives, including prestige, local benefits, or re-election, some judges want to hear more cases. When plaintiffs have wide choice of forum, such judges have incentives to make the law more pro-plaintiff, because plaintiffs choose the court. While only a few judges may be motivated to attract more cases, their actions can have large effects, because their courts will attract a disproportionate share of cases. For example, judges in the Eastern District of Texas have distorted the rules and practices relating to case assignment, joinder, discovery, transfer, and ...
Ulteriores Precisiones Sobre Los Actos Lícitos Dañosos En El Ordenamiento Peruano, 2016 Pontificia Universidad Catolica del Peru
Ulteriores Precisiones Sobre Los Actos Lícitos Dañosos En El Ordenamiento Peruano, Hector A. Campos
Hector Campos García
Resolving Dilemmas In Canadian Class Actions By Reconsidering Private Law Principles, 2016 The University of Western Ontario
Resolving Dilemmas In Canadian Class Actions By Reconsidering Private Law Principles, Stephanie Sugar
Electronic Thesis and Dissertation Repository
Class actions cases illuminate the theoretical underpinnings of private law in a way that traditional two-party litigation does not. Many class actions deal with plaintiffs who have not suffered a large loss (or a quantifiable monetary loss at all), or the defendant has made profits that are disproportionately greater than the plaintiffs’ compensable loss (if any). Applying orthodox principles of private law and negligence to these cases results in barring plaintiffs from recovery despite their rights being violated and defendants not disgorging profits made from wrongdoing. The solution resolving these dilemmas should not be to create separate law only applicable ...
The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, 2016 Mitchell Hamline School of Law
The Staab Saga: The Nonparty, Joint And Several Liability, And Loss Reallocation In The Minnesota Comparative Fault Act, Mike Steenson
Mitchell Hamline Law Review
No abstract provided.
The Administrative State And The Common Law: Regulatory Substitutes Or Complements?, 2016 NYU School of Law
The Administrative State And The Common Law: Regulatory Substitutes Or Complements?, Catherine M. Sharkey
New York University Public Law and Legal Theory Working Papers
The modern administrative state looms larger than ever, and grows at an ever-accelerating pace. Not everyone is pleased with these developments. Four such individuals — Chief Justice Roberts, Justices Thomas, Alito, and the late Justice Scalia — have expressed their displeasure, indeed their alarm, with consistency, clarity, and vigor. They warn that the rise of administrative agencies, and the attendant ascendance of doctrines of mandatory judicial deference to agency interpretations of federal law, signals no less than the end of our government’s separation-of-powers structure, and our right to live our lives without fear of bureaucratic encroachment at every turn. Their opinions ...
Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, 2016 Notre Dame Law School
Outlining The Case For A Common Law Duty Of Care Of Business To Exercise Human Rights Due Diligence, Douglass Cassell
This article outlines the case for a business duty of care to exercise human rights due diligence, judicially enforceable in common law countries by tort suits for negligence brought by persons whose potential injuries were reasonably foreseeable. A parent company’s duty of care would extend to the human rights impacts of all entities in the enterprise, including subsidiaries. A company would not be liable for breach of the duty of care if it proves that it reasonably exercised due diligence as set forth in the Guiding Principles on Business and Human Rights. On the other hand, a company’s ...
Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, 2016 Indiana University Maurer School of Law
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 ...
The Prosser Myth Of Transferred Intent, 2016 University of Oklahoma College of Law
The Prosser Myth Of Transferred Intent, Peter B. Kutner
Indiana Law Journal
The main theme of this Article is that Prosser advanced a mythical doctrine of transferred intent. What Prosser asserted to be the law was not the law when he wrote his article on transferred intent and amended his treatise. The cases he relied on to support his conclusions on transferred intent did not support them. Moreover, despite Prosser’s great influence on American tort law, Prosser’s position on transferred intent is not the law now and should not be. Its consequences are undesirable. Recognition of transferred intent as a basis of liability is due primarily to its inclusion in ...
Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, 2016 New York Law School
Tort Reform: Blocking The Courthouse Door And Denying Access To Justice, Joanne Doroshow
Impact Center for Public Interest Law
No abstract provided.
¡Yo Me Opongo! Responsabilidad Civil Derivada De La Oposición Infundada Por Impedimento Matrimonial O Denuncia Maliciosa, 2016 Universidad Nacional Mayor de San Marcos
¡Yo Me Opongo! Responsabilidad Civil Derivada De La Oposición Infundada Por Impedimento Matrimonial O Denuncia Maliciosa, Marco Andrei Torres Maldonado
Marco Andrei Torres Maldonado
Student-On-Teacher Violence: A Proposed Solution, 2016 Brigham Young University Law School
Student-On-Teacher Violence: A Proposed Solution, Perris E. Nelson
Brigham Young University Education and Law Journal
No abstract provided.
Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, 2016 University of Georgia School of Law
Aviation Law - Personal Injury - The Warsaw Convention, As Modified By The Montreal Agreement, Acts To Establish The Air Carrier’S Strict Liability For A Passenger’S Personal Injury Incurred During An Aircraft Hijacking, Robert T. Bockman
Georgia Journal of International & Comparative Law
No abstract provided.
Adding Insult To Death: Why Punitive Damages Should Not Be Imposed Against A Deceased Tortfeasor's Estate In Ohio, 2016 The University of Akron
Adding Insult To Death: Why Punitive Damages Should Not Be Imposed Against A Deceased Tortfeasor's Estate In Ohio, Alec A. Beech
Akron Law Review
A majority of jurisdictions in the United States have determined, either statutorily or judicially, that punitive damages cannot be imposed against deceased tortfeasors. However, a recent Ohio appellate court held to the contrary. In Whetstone v. Binner, the Ohio Fifth District Court of Appeals adopted the minority view when it held that punitive damages could be imposed against a decedent’s estate. This Comment takes the position that Whetstone was incorrectly decided. Specifically, this Comment argues that the longstanding purposes of punitive damages are not furthered when such damages are imposed against estates and that Ohio law supports this conclusion.
Compensation's Role In Deterrence, 2016 NYU School of Law
Compensation's Role In Deterrence, Russell M. Gold
New York University Law and Economics Working Papers
There are plenty of non-economic reasons to care whether victims are compensated in class actions. The traditional law and economics view, however, is that when individual claim values are small, there is no reason to care whether victims are compensated. Deterring wrongdoing is tort law’s primary economic objective. And on this score, law and economics scholars contend that only the aggregate amount of money that a defendant expects to pay affects deterrence. They say that it does not matter for deterrence purposes how that money is split between victims, lawyers, and charities. This Article challenges that claim about achieving ...
The Remains Of The Citadel (Economic Loss Rule In Products Cases), 2016 NYU School of Law
The Remains Of The Citadel (Economic Loss Rule In Products Cases), Catherine M. Sharkey
New York University Law and Economics Working Papers
Though its seeds may have been planted long before, the economic loss rule in products liability tort law emerged in full force at the very same moment as the doctrine of strict products liability in the mid-1960s. This moment, fueled by the fall of privity and the rise of implied warranty earlier in the century, was of great doctrinal import — a moment when strict liability threatened to erase altogether the boundary between tort and contract in the context of defective products cases and move those cases firmly into the tort realm. The economic loss rule emerged as a crucial new ...