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Articles 1 - 6 of 6

Full-Text Articles in Law

The Consistency Of Sosa: A Comparison Of The Supreme Court's Treatment Of Customary International Law With Other Types Of Federal Common Law, Dana Howard Jan 2006

The Consistency Of Sosa: A Comparison Of The Supreme Court's Treatment Of Customary International Law With Other Types Of Federal Common Law, Dana Howard

Kentucky Law Journal

No abstract provided.


Safe-Conduct Theory Of The Alien Tort Statute, The, Thomas H. Lee Jan 2006

Safe-Conduct Theory Of The Alien Tort Statute, The, Thomas H. Lee

Faculty Scholarship

In this Article, Professor Lee introduces a novel explanation of the Alien Tort Statute (ATS) - a founding-era enactment that has achieved modern prominence as a vehicle for international human rights litigation. He demonstrates how the statute was intended to address violations of something called a "safe conduct" - a sovereign promise of safety to aliens from injury to their persons and property. The safe-conduct theory advances a new modern role for the ATS to redress torts committed by private actors - including aliens - with a U.S. sovereign nexus, and not for international law violations committed by anyone anywhere. …


Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch Jan 2006

Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch

NYLS Law Review

No abstract provided.


A Door Ajar Or A Floodgate?: Corporate Liability After Sosa V. Alvarez-Machain, Tim Kline Jan 2006

A Door Ajar Or A Floodgate?: Corporate Liability After Sosa V. Alvarez-Machain, Tim Kline

Kentucky Law Journal

No abstract provided.


Sosa V. Alvarez-Machain And Human Rights Claims Against Corporations Under The Alien Tort Statute, Carlos Manuel Vázquez Jan 2006

Sosa V. Alvarez-Machain And Human Rights Claims Against Corporations Under The Alien Tort Statute, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

Contrary to the claims of some observers, the Supreme Court's decision in Sosa v. Alvarez-Machain does not sound the death knell for the use of the Alien Tort Statute to maintain human rights claims against private corporations in the U.S. courts. The decision clarifies the nature of claims under the Alien Tort Statue to some extent, and places some limits on the theories available in actions against private corporations, but for the most part such suits remain as viable after Sosa as they were before. That is not to say, however, that victims of corporate human rights violations in developing …


Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan Dec 2005

Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan

Donald J. Kochan

From Grotius to Hobbes to Locke to an unconventional modern pop-culture manifestation in Ali G, the concept of “respect” has always been understood as important in human interaction and human agreements. The concept of mutual understanding and obligation pervades human interaction, and, for purposes of this Article, international relations. Almost all basic principles in English, United States, and other country’s laws that value human and individual rights have based, over time, the development of their laws on the philosophical principle of respect. So much of common and statutory law is designed to enforce respect for others. The principle question in …