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Full-Text Articles in Law
Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio
Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio
Law Faculty Articles and Essays
This paper addresses complex legal issues in light of and in the context of Jesner v. Arab Bank, a case involving the scope of corporate liability for human rights abuses under the Alien Tort Claims Act (ATCA). Part I provides a brief overview of the Jesner case. Part II outlines the case Kiobel v. Royal Dutch Petroleum Co. and its holding. Part III discusses Kiobel's shortcomings, including the vagueness of its "touch and concern" test and its failure to specify which law—international or domestic—applies to the issue of corporate liability under the ATCA. Part IV then proposes other …
Homage To Filártiga, Perry S. Bechky
Homage To Filártiga, Perry S. Bechky
Perry S. Bechky
The Supreme Court’s new decision in Kiobel severely restricted human rights litigation under the Alien Tort Statute (ATS). In doing so, the Court gravely injured the canonical human rights case of Filártiga. This essay celebrates Filártiga, demonstrating that it survives Kiobel in four key respects: its approach to the sources of international law, its conclusion that international law prohibits torture, its dynamic vision of the way the human rights revolution transformed international law, and its hope that courts can help make real a world without torture. The essay presents Filártiga as a living presence and a beacon for future development …
The Unocal Settlement: Implications For The Developing Law On Corporate Complicity In Human Rights Abuses, Rachel Chambers
The Unocal Settlement: Implications For The Developing Law On Corporate Complicity In Human Rights Abuses, Rachel Chambers
Human Rights Brief
No abstract provided.
Sosa V. Alvarez-Machain: Upholding The Alien Tort Claims Act While Affirming American Exceptionalism, David C. Baluarte
Sosa V. Alvarez-Machain: Upholding The Alien Tort Claims Act While Affirming American Exceptionalism, David C. Baluarte
Human Rights Brief
No abstract provided.
Romagoza V. García: Proving Command Responsibility Under The Alien Tort Claims Act And The Torture Victim Protection Act, Beth Van Schaack
Romagoza V. García: Proving Command Responsibility Under The Alien Tort Claims Act And The Torture Victim Protection Act, Beth Van Schaack
Human Rights Brief
No abstract provided.