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International Law

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BLR

2005

General Law

Articles 1 - 2 of 2

Full-Text Articles in Law

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor Sep 2005

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.


Some, But Which? Filling In The Theoretical Gaps In Sosa V. Alvarez-Machain, Arthur Traldi Apr 2005

Some, But Which? Filling In The Theoretical Gaps In Sosa V. Alvarez-Machain, Arthur Traldi

ExpressO

This Note lays out the development of the ATCA and of the jus gentium (law of nations) into contemporary customary international law, as well as the two existent paradigms of ATCA interpretation, and establishes that Sosa is inconsistent with either extreme position. Since the Court’s holding in Sosa is under-theorized, this Note crafts a reasonable middle ground between the two paradigms: holding all universal jurisdiction offenses (and those significantly analogous) civilly actionable under the ATCA. It then uses Yousef as well as the Princeton Principles to synthesize a test for universal justiciability. The resultant formula constitutes a middle ground consistent …