Law Commons^™

Mnc Liability For International Human Rights Violations Under The Alien Tort Claims Act., Frank Christian Olah

ExpressO

This paper seeks to elucidate the fundamental sources of ATCA jurisprudence that have modernized the act into the weapon it has become for foreign human rights plaintiffs. It also attempts to describe some of the forms of liability asserted against MNCs, paying special attention to the competing forms of aiding & abetting liability as conceptualized in the Unocal case. Part II of this paper will provide a brief and concise review of the three cases every ATCA corporate defendant should know: Filartiga, Kadic and Sosa. These cases lay the groundwork for human rights litigation against MNCs under the ATCA’s modern …

Torture As A Problem In Ordinary Legal Interpretation, Alan Hyde

Cornell Law Faculty Publications

American legal discourse on torture takes for granted some, usually all, of the following propositions, that make discussion of torture more difficult than it should be. Torture is assumed to present unusually difficult problems of definition, full of vague concepts, fine lines, gray areas, murky moral dilemmas, "dirty hands." This vagueness is thought to be even more of a problem for the attendant concept of "cruel, inhuman, and degrading treatment." The legal sources of either prohibition are assumed to be dubious under American law. Prohibiting torture is, perhaps for these reasons, thought to require moral justification not necessarily required of …

Treatment And Interrogation Of Detained Persons, David E. Graham

International Law Studies

No abstract provided.

Military Commissions - Kangaroo Courts?, Charles H.B. Garraway

International Law Studies

No abstract provided.

Torture: Considering A Framework For Limiting Use, Scott J. Goldberg

ExpressO

Abu Graib, Guantanamo, the War on Terror—the debate over the use of torture is still very much alive in the world today. The debate can be divided into two questions: (1) whether there should be an actual absolute ban where torture is never allowed either ethically or legally, and (2) if torture should be allowed under certain circumstances what form of regulation is best able to ensure that it is used only in those most limited circumstances. Currently, there is an absolute ban in place, yet world leaders, applying a case-by-case utilitarian approach, in fact permit the use of torture …

Christina M. Cerna On The Torture Papers: The Road To Abu Ghraib. Edited By Karen J. Greenberg And Joshua L. Dratel. Cambridge, Ma: Cambridge University Press, 2005. 1249 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

The Torture Papers: The Road to Abu Ghraib. Edited by Karen J. Greenberg and Joshua L. Dratel. Cambridge, MA: Cambridge University Press, 2005. 1249 pp.

Defining Torture, David Sussman

Case Western Reserve Journal of International Law

No abstract provided.

The Elephant In The Room: Foreword: Torture And The War On Terror, Michael P. Scharf, Rory T. Hood

Case Western Reserve Journal of International Law

No abstract provided.

Torturing The Law, Jose A. Alvarez

Case Western Reserve Journal of International Law

No abstract provided.

Torture In Dreamland: Disposing Of The Ticking Bomb, Henry Shue

Case Western Reserve Journal of International Law

No abstract provided.

Combating Terrorism: Zero Tolerance For Torture, Richard Goldstone

Case Western Reserve Journal of International Law

No abstract provided.

Torture And Contract, Laura A. Dickinson

Case Western Reserve Journal of International Law

No abstract provided.

Dangerous World Of Indefinite Detentions: Vietnam To Abu Ghraib, The, Jennifer Van Bergen, Douglas Valentine

Case Western Reserve Journal of International Law

No abstract provided.

Torture, Morality, And Law, Jeff Mcmahan

Case Western Reserve Journal of International Law

No abstract provided.

The Crime Of Torture And The International Criminal Tribunals, William A. Schabas

Case Western Reserve Journal of International Law

No abstract provided.

American Innocence, Robert N. Strassfeld

Case Western Reserve Journal of International Law

No abstract provided.

The Unholy Trinity: Intelligence, Interrogation And Torture, Amos Guiora

Case Western Reserve Journal of International Law

No abstract provided.

The Institutionalization Of Torture Under The Bush Administration, M. Cherif Bassiouni

Case Western Reserve Journal of International Law

No abstract provided.

Harry Potter And The Unforgivable Curses: Norm-Formation, Inconsistency, And The Rule Of Law In The Wizarding World, Aaron Schwabach

Faculty Scholarship

No abstract provided.

Reinterpreting Torture: Presidential Signing Statements And The Circumvention Of U.S. And International Law, Erin Louise Palmer

Human Rights Brief

No abstract provided.