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Full-Text Articles in Law
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 …
Mismanagement And Misinterpretation: U.S. Judicial Implementation Of The Warsaw Convention In Air Disaster Litigation, Perry S. Bechky
Mismanagement And Misinterpretation: U.S. Judicial Implementation Of The Warsaw Convention In Air Disaster Litigation, Perry S. Bechky
Perry S. Bechky
This article explores the implementation of the Warsaw Convention in international air disaster lawsuits in U.S. courts, including their approach to mass tort management and treaty interpretation. Specifically, the article evaluates the Warsaw Convention cases according to the rules of treaty interpretation codified in the Vienna Convention on the Law of Treaties and a test for mass tort management developed by Judge Jack Weinstein.
Treaty Law: A Primer For Human Rights Lawyers, Perry S. Bechky
Treaty Law: A Primer For Human Rights Lawyers, Perry S. Bechky
Perry S. Bechky
This short article introduces the law of treaties to domestic lawyers handling civil liberties cases.