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Sosa V. Alvarez-Machain And The Alien Tort Statute: How Wide Has The Door To Human Rights Litigation Been Left Open?, Carolyn A. D'Amore
Sosa V. Alvarez-Machain And The Alien Tort Statute: How Wide Has The Door To Human Rights Litigation Been Left Open?, Carolyn A. D'Amore
Akron Law Review
This Note will explore the Alien Tort Statute from its origin in 1789 to the present interpretation of the Sosa Court. Part II will focus on the Framers’ language and intent, discuss the long lull in the use of the ATS and the impact of Erie R. Co. v. Tompkins, and examine a line of cases that reawakened the ATS in the 1980s. Part III explores the elements of the Court’s decision in Sosa v. Alvarez-Machain: the facts that gave rise to an ATS claim, the plurality’s denial of jurisdiction, its dicta regarding potential application of the ATS, and Justice …