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The Supreme Court And The Alien Tort Statute: Kiobel V. Royal Dutch Petroleum Co., Ingrid W. Brunk Jan 2013

The Supreme Court And The Alien Tort Statute: Kiobel V. Royal Dutch Petroleum Co., Ingrid W. Brunk

Vanderbilt Law School Faculty Publications

Alien Tort Statute litigation has generated a growing number of questions about the the scope of statute, but in Kiobel v. Royal Dutch Petroleum Co. the Supreme Court finally answered one of them: the presumption against extraterritoriality applies to the statute. Going forward, courts may apply a robust version of the presumption, effectively ending ATS litigation as we currently know it. Or, they may not. The Court’s citations to Morrison v. Nat’l Austl. Bank Ltd. suggest the former; some language in the various opinions suggests the latter. This article explores these uncertainties and also discusses additional factors that may be …


The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley Jan 2013

The Role Of Courts In "Making" Law In Japan: The Communitarian Conservatism Of Japanese Judges, John O. Haley

Vanderbilt Law School Faculty Publications

Professor Haley is an outstanding international and comparative law scholars, widely credited with having popularized Japanese legal studies in the United States. In 1969, Haley received a fellowship from the University of Washington and was in one of the first classes to graduate from the Asian Law Program, now, the Asian Law Center. After working for several years in law firms in Japan, he joined the law faculty at the University of Washington, where he remained for nearly twenty-six years during which time he directed the Asian and Comparative Law Program. In June 2012, Professor Haley was awarded The Order …


Reflections On The University Of Washington's Asian Law Center, John O. Haley Jan 2013

Reflections On The University Of Washington's Asian Law Center, John O. Haley

Vanderbilt Law School Faculty Publications

In June 2012, Professor Haley was awarded the Order of the Rising Sun (3rd Class) from the Emperor of Japan for his contribution to the discipline of Japanese law and education to Japanese legal professionals and academics. In honor of this achievement, the University of Washington School of Law and Asian Law Center brought together distinguished scholars and Asian Law Center alumni to discuss the judiciary's increased role in Japan and Asia in two conferences. What follows is Professor Haley's address at the University of Washington School of Law, on October 19, 2012. In this speech, Professor Haley provides a …