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Full-Text Articles in Law
The Torturers: Evaluating The Senate Select Intelligence Committee’S Torture Report And Assessing The Legal Liability Of “Company Y” Under The Alien Tort Statute, David J. Satnarine
The Torturers: Evaluating The Senate Select Intelligence Committee’S Torture Report And Assessing The Legal Liability Of “Company Y” Under The Alien Tort Statute, David J. Satnarine
Pace International Law Review
This analysis seeks to argue that ‘Company Y’ is responsible for its role in the use of inhumane and tortious interrogation techniques during the CIA’s Interrogation and Detention Program under the Alien Tort Statute. Furthermore, this analysis will seek to reconcile case law in light of the Supreme Court’s decision in Kiobel v. Royal Dutch Petroleum Co., et. al., and subsequent court decisions opining on the extraterritorial reach of the Alien Tort Statute. Significantly, this analysis will also answer questions left open in the Kiobel decision by arguing that corporate entities, such as Company Y, may be held liable …
Circuit Splits And Empiricism In The Supreme Court, Karen M. Gebbia
Circuit Splits And Empiricism In The Supreme Court, Karen M. Gebbia
Pace Law Review
This Article demonstrates, empirically rather than merely in theory, how a failure to do so leads to unreliable conclusions concerning the relationship between the Supreme Court and the circuit courts of appeal. Specifically, commentators routinely misapply facially accurate raw data regarding the rate at which the Court reverses circuit court decisions to support unreliable conclusions regarding the comparative degree of accord between the Court and individual circuits. Commentators and the popular press then employ these unreliable conclusions to draw unsupported inferences regarding the reasons for supposed discord between the Court and the circuits, and to urge fundamental institutional reforms ranging …