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Full-Text Articles in Law
Mass Torts And Universal Jurisdiction, Vivian Grosswald Curran
Mass Torts And Universal Jurisdiction, Vivian Grosswald Curran
Articles
The technologies of the present era mean that injuries have become more massive in dimension. Mass torts affect greater numbers of people and larger geographical areas. Consequently, they can cross borders, affecting the populations of multiple countries. One of the two mechanisms in tort law for remedying mass catastrophes. restricted to cases involving jus cogens violations (namely, violations of human rights so grave as to be against international customary law, or the "law of nations"), is universal jurisdiction pursuant to the Alien Tort Statute (ATS).
Despite the distinctive official restriction of universal jurisdiction to the criminal law domain in civilian …
Cyber-Territoriality, Timothy Zick
Constitutional Domain And The Court, Timothy Zick
The Dark Side Of Territoriality, Timothy Zick
Aliens, The Internet, And "Purposeful Availment": A Reassessment Of Fifth Amendment Limits On Personal Jurisdiction, Wendy Collins Perdue
Aliens, The Internet, And "Purposeful Availment": A Reassessment Of Fifth Amendment Limits On Personal Jurisdiction, Wendy Collins Perdue
Georgetown Law Faculty Publications and Other Works
This Article first considers the Fourteenth Amendment cases and argues that the constitutional limits on the jurisdictional authority of state courts reflect a view about the limits of state authority. It then turns to the Fifth Amendment and, after considering the practices of other nations and lessons from prescriptive jurisdiction, argues that the United States's sovereign authority should allow it to assert personal jurisdiction solely on the basis of effects in the United States, without a requirement of "purposeful availment." It further argues that concerns about reasonableness should be addressed at the subconstitutional level. This Article is built on two …
Enemy Alien Litigants In The English Law, Edwin D. Dickinson
Enemy Alien Litigants In The English Law, Edwin D. Dickinson
Articles
It is said that as a general rule an enemy alien cannot bring an action in the English courts. "And true it is, that an Alien enemie, shall maintaine neither reall nor personall action, Donec terrae fuet' communes, that is untill both Nations be in peace." COKE oN LITTLETON, (2 ed.) L. 2, c. 11, sec. 198. LORD STOWELL'S famous dictum in The Hoop (1799), 1 C. Rob. 196, 200, is regarded as a classical statement of the doctrine: "In the law of almost every country, the character of alien enemy carries with it a disability to sue, or to …