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Articles 1 - 11 of 11

Full-Text Articles in Law

The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale Jan 2018

The Trafficking Victim Protection Act: The Best Hope For International Human Rights Litigation In The U.S. Courts?, Sara Sun Beale

Case Western Reserve Journal of International Law

The article focuses on uses Alien Tort Statute as a vehicle for litigating human rights abuses in both civil and criminal prosecutions in the U.S. Topics discussed include developments in International Criminal Law in addressing human rights violations; judicial attitudes that could affect the interpretation of the Trafficking Victim Protection Act; and Sosa v. Alvarez-Machain court case on the same.


A Truck Stop Instead Of Saint Peter's: The Trafficking Victims Protection Reauthorization Act Is Not Perfect, But It Solves Some Of The Problems Of Sosa And Kiobel, Jonathan S. Tonge Jun 2017

A Truck Stop Instead Of Saint Peter's: The Trafficking Victims Protection Reauthorization Act Is Not Perfect, But It Solves Some Of The Problems Of Sosa And Kiobel, Jonathan S. Tonge

Georgia Journal of International & Comparative Law

No abstract provided.


Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner Sep 2014

Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner

Georgia Journal of International & Comparative Law

No abstract provided.


Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia Oct 2013

Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia

Anthony J. Bellia

In his paper "International Human Rights in American Courts," Judge Fletcher concludes that Sosa v. Alvarez-Machain “has left us with more questions than answers.” Sosa attempted to adapt certain principles belonging to the "general law" to a post-Erie positivistic conception of common law while maintaining fidelity to certain historical expectations. “[I]t would be unreasonable,” the Court thought, “to assume that the First Congress would have expected federal courts to lose all capacity to recognize enforceable international norms simply because the common law might lose some metaphysical cachet on the road to modern realism.” The Court was unwilling, however, out …


Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili Jun 2013

Wrongful Death And Survival Actions For Torts In Violation Of International Law, Alastair J. Agcaoili

San Diego Law Review

This Article aims to make sense of this neglected area of ATS law. I contend that the salient issue in these deceased-victim cases is not whether the nonvictim plaintiffs have standing to sue but rather whether they have a viable cause of action in the first place. Standing and cause of action concepts have an uneasy relationship in law. Although the distinction between constitutional standing and cause of action inquiries is well established, the division is less clear where, as here, standing doctrine is used to define a plaintiff’s eligibility to bring suit. Indeed, reliance on standing terminology in this …


Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland Jan 2011

Abdullahi V. Pfizer & The Alien Tort Statute: Kicking Open A Door Left Slightly Ajar By Sosa V. Alvarez-Machain, Tiffany A. Hetland

Saint Louis University Journal of Health Law & Policy

No abstract provided.


Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe Jan 2007

Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe

Michigan Journal of International Law

This Article challenges the universalist theory of international law upon which federal incorporation of CIL and international human rights litigation rely. It unpacks the international relations (IR) theory paradigms that support the universalist theory, and discusses a competing theory that views state compliance with international law as a function of national self-interest. Working from this perspective, it proposes a framework to evaluate the wisdom of federal incorporation of CIL and the wisdom of international human rights litigation. The framework suggests that federal incorporation of CIL generates sovereignty costs for the United States, and that international human rights litigation complicates the …


Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia Jan 2007

Sosa, Federal Question Jurisdiction, And Historical Fidelity, Anthony J. Bellia

Journal Articles

In his paper "International Human Rights in American Courts," Judge Fletcher concludes that Sosa v. Alvarez-Machain “has left us with more questions than answers.” Sosa attempted to adapt certain principles belonging to the "general law" to a post-Erie positivistic conception of common law while maintaining fidelity to certain historical expectations. “[I]t would be unreasonable,” the Court thought, “to assume that the First Congress would have expected federal courts to lose all capacity to recognize enforceable international norms simply because the common law might lose some metaphysical cachet on the road to modern realism.” The Court was unwilling, however, out …


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.


Title Page Jan 2006

Title Page

South Carolina Journal of International Law and Business

No abstract provided.


Sosa V. Alvarez-Machain - Restricting Access To Us Courts Under The Federal Tort Claims Act And The Alien Tort Statute: Reversing The Trend, Laura A. Cisneros Jan 2004

Sosa V. Alvarez-Machain - Restricting Access To Us Courts Under The Federal Tort Claims Act And The Alien Tort Statute: Reversing The Trend, Laura A. Cisneros

Publications

To function with adequate predictability and efficiency, the international community must maintain orderly relations among its members. This necessarily requires that members develop international norms of behavior and accept a certain loss of their otherwise exclusive sovereignty. Nowhere has the enforcement of international norms been more pronounced than in the area of human rights. International human rights norms directly challenge conventional notions of exclusive state sovereignty and unilateral action. The United States has long been a motive force behind the international human rights movement, opening its federal courts to redress human rights violations committed domestically or abroad. Specifically, federal courts …