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Full-Text Articles in Law

Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson Jan 2013

Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

Kiobel v. Royal Dutch Petroleum (Shell), a long-running Alien Tort Statute (ATS) case brought by Nigerian plaintiffs alleging aiding and abetting liability against various multinational oil companies for human rights violations of the Nigerian government in the 1990s, including a non-US Shell corporation, first came before the US Supreme Court in the 2011-2012 term, following a sweeping Second Circuit holding that there was no "liability for corporations" under the ATS. In oral argument, however, several Justices asked a different question from corporate liability: noting that the case involved foreign plaintiffs, foreign defendants, and conduct taking place entirely on foreign sovereign …


The Violence Of Nonviolence: Problematizing Nonviolent Resistance In Iran And Egypt, Sean Chabot, Majid Sharifi Jan 2013

The Violence Of Nonviolence: Problematizing Nonviolent Resistance In Iran And Egypt, Sean Chabot, Majid Sharifi

Societies Without Borders

Our central argument is that the hegemonic story of nonviolent resistance is reinforcing the underlying hegemonic story of neoliberalism. It is hard to dispute that the most popular brand of nonviolence, articulated by Gene Sharp and his followers, has helped people overthrow authoritarian regimes across the globe. Yet Sharp’s nonviolence also promotes the spread of neoliberal freedom and democracy, which cause multiple forms of visible and invisible violence. This article’s first section examines significant details in Sharp’s hegemonic story of nonviolent resistance and problematizes its limited understanding of violence. The following section relates Sharp’s approach to Iran’s Green Movement and …