Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Anthony J. Bellia

2014

Torts

Articles 1 - 2 of 2

Full-Text Articles in Law

Two Myths About The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark Jun 2014

Two Myths About The Alien Tort Statute, Anthony J. Bellia, Bradford R. Clark

Anthony J. Bellia

In Kiobel v. Royal Dutch Petroleum Co., the Supreme Court applied the presumption against extraterritorial application of U.S. law to hold that the Alien Tort Statute (ATS) did not encompass a claim between aliens for misconduct that occurred in another nation. Without much elaboration, the Court stated that the ATS only encompasses claims that “touch and concern the territory of the United States . . . with sufficient force to displace the presumption.” As it did in Sosa v. Alvarez-Machain, the Kiobel Court purported to rest its decision on the original public meaning of the ATS when enacted in 1789. …


Congressional Power And State Court Jurisdiction, Anthony J. Bellia May 2014

Congressional Power And State Court Jurisdiction, Anthony J. Bellia

Anthony J. Bellia

Federal laws that regulate state institutions give rise to what the Supreme Court has described as the oldest question of constitutional law. In recent years, the Court has confronted questions of congressional power to regulate state legislatures and executives, but has not directly confronted any question of congressional power to regulate state courts. Since the Founding, questions of congressional power to regulate state court jurisdiction of Article III cases have arisen - most notably, congressional power to assign jurisdiction of federal criminal cases to state courts. Today, significant questions of congressional power to regulate state court jurisdiction over non-Article III …