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| Â | Alien Tort Statute |
 | | If the defendant in a claim brought under the Alien Tort Statute is a foreign sovereign state (or some agency or subdivision thereof), the jurisdictional requirements of the Foreign Sovereign Immunities Act still must be satisfied before a court can hear the claim. | | | It provides jurisdiction by United States District Courts for tort claims by aliens for torts in violation of law of nations or treaties of the United States. | | | Importantly, the statute allows U.S. courts to decide human rights cases even when neither party has any connection whatsoever to the United States, thereby providing a legal venue to victims who could not otherwise bring their oppressors to justice. |
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http://pedia.newsfilter.co.uk/wikipedia/a/al/alien_tort_statute.html
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| Â | law.com - Article |
| | Justice Stephen Breyer repeatedly pointed to a compromise offered in a brief by the European Commission, which suggests that the United States could place reasonable limits on the type and scope of alien litigation it will allow in its courts. | | | In a case watched closely by human rights groups and business organizations alike, the Supreme Court on Tuesday struggled to decide when foreigners can use U.S. courts to litigate over foreign violations of international law. | | | High Court to Hear Alien Tort Claims Act Arguments |
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http://www.law.com/jsp/article.jsp?id=1080681906485
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| Â | National Law Journal -- Justices Weigh Alien Tort Act |
| | The Alien Tort Statute, also known as the Alien Tort Claims Act (ATCA), originally appeared in Section 9 of the first Judiciary Act of 1789, which created the U.S. judicial court system. | | | Under those rulings, the statute has permitted aliens to sue for damages in U.S. courts for injuries that violate international law. | | | Alvarez-Machain, No. 03-339, a challenge seeking to reverse more than 20 years of court interpretation of the Alien Tort Statute of 1789. |
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http://www.law.com/jsp/nlj/PubArticleNLJ.jsp?id=1080334938936
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| Â | CNN.com - Is the Alien Tort Claims Act a powerful human rights tool? - Jul 12, 2004 |
| | The case required the court to interpret both the Federal Torts Claim Act (FTCA) and the Alien Tort Statute, better known as the Alien Tort Claims Act (ATCA). | | | Thus, even today, in a diversity case, while the Federal Rules of Civil Procedure apply, the substantive law -- of tort, or contract, or what have you -- is state law. | | | Erie held that in a "diversity" case, the federal court should apply state substantive law. |
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http://www.cnn.com/2004/LAW/07/12/sebok.alien.tort.claims/index.html
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| Â | Jonathan Adler on Sosa v. Alvarez-Machain on National Review Online |
| | Were Congress to amend the statute, perhaps to delineate what suits are and are not subject to federal court jurisdiction, it would settle the matter. | | | Alvarez-Machain adopted this latter view, maintaining that his captors violated international-law norms prohibiting kidnapping, arbitrary arrest, and detention, thereby committing a tort "in violation of the law of nations." On this basis, his attorneys reasoned, he could bring a case against his Mexican abductors in U.S. federal court. | | | In one suit, for example, U.S. plaintiffs' attorneys are suing corporations that did business with South Africa's Apartheid government, alleging these companies were complicit in the regime's human rights abuses — and that only a whopping tort settlement in a U.S. court can right the wrong. |
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http://www.nationalreview.com/adler/adler200407210842.asp
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| Â | Morrison & Foerster - Legal Update - Supreme Court Examines the Alien Tort Statute: Oral Argument in the ... |
| | Since no statute provides a cause of action, and because the law of nations does not provide a civil cause of action to individuals, no cause of action exists for Alvarez-Machain’s claims on this view, and they should be barred. | | | However, several Justices were openly skeptical of the petitioners’ claim that the statute is purely jurisdictional. | | | Justice O’Connor referred repeatedly to the “long history” of the statute, and observed that it was hard to ignore, especially since it would be easy for Congress to correct the situation if it disapproved of how the courts were proceeding. |
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http://www.mofo.com/news/general.cfm?MCatID=9241&concentrationID=&ID=1204&Type=5
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| Â | The Ma'at of Mike: The Alien Tort Statute of 1789 |
| | provides that the federal district courts "shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States [but] explicitly excludes 'any claim arising in a foreign country.'." | | | The issue at hand here is whether, despite this prohibition, a Mexican doctor can claim damages in a civil lawsuit in the US because he was kidnapped in Mexico, by a Mexican national acting at the behest of the US government (which sought to put him on trial for murder). | | | A number of lawsuits involving the law have since been filed against multinational corporations. |
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http://maat.typepad.com/blog/2004/03/the_alien_tort_.html
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| Â | LawKT.com: Law Firm Publications on Tort |
| | Under current Ohio law, civil lawsuits involving torts (including negligence and medical malpractice) apply the rule of "joint and several liability" when there is more than one person (or "tortfeasors") who have allegedly caused the injury. | | | Bricker & Eckler: Ohio Supreme Court Finds Employer's Tort Liability... | | | Supreme Court Tells Pedestrians To "Watch Where You're Going!" Print this Page Tort Litigation E-Flash March 4, 2003 North Carolina General Assembly Bills Aimed at Reforming Tort Litigation Now that the General Assembly is back in session, it will be important to track legislation that impacts civil litigation in North Carolina. |
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http://www.lawkt.com/pubs/Tort.html
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| Â | The Questions over Aiding and Abetting: Alien Tort Statute - International Justice - Global Policy Forum |
| | Passed into law by the first Congress in 1789, the Alien Tort statute gave US federal courts jurisdiction over "any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States". | | | The Unocal case is the most advanced, despite a brief from the US Justice Department arguing against the plaintiffs' use of the statute. | | | If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner. |
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http://www.globalpolicy.org/intljustice/atca/2004/0802alien.htm
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| Â | USA*Engage - Legislative Activities - Alien Tort Claims Act |
| | Unocal, stating that the Alien Tort Provision is jurisdictional in nature and does not provide a cause of action. | | | In interpreting the Alien Tort Statute broadly, lower courts in recent decades have invited a raft of litigation over wrongs America's courts have no practical power to address. | | | The National Foreign Trade Council and USA*Engage today joined an amicus brief filed with the U.S. Ninth Circuit Court of Appeals calling for reconsideration of two cases based on the Alien Tort Provision of the Judiciary Act of 1789. |
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http://www.usaengage.org/legislative/2003/alientort
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| Â | Project DIANA : Doe v. Karadzic----PRELIMINARY STATEMENT |
| | The provision that eventually became the Alien Tort Statute was inserted in Section 9 to recognize a concurrent jurisdiction in state courts in cases where "the legality of a capture was not in issue, and the suit was `only' for the reparation in damages for a wrong related to a capture." Id. at 482-83. | | | As Professor Sweeney shows, there is no basis in the Alien Tort statute for expanding its reach beyond its strict limitation to wrongs prohibited by the law of prize including treaties of the United States dealing with prize matters. | | | The Congress has consistently acted to prevent private actions for torts committed overseas, except in its codification of Filartiga where it requires state action and equitably adds jurisdiction for such actions when brought by U.S. citizens who are not included in the Alien Tort Statute. |
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http://www.yale.edu/lawweb/avalon/diana/karadzic/brief4.html
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| Â | Tell Bush to Support Human Rights Law |
| | ATCA stands for the Alien Tort Claims Act, a 1789 law that allows citizens of other countries to sue in US courts for human rights violations that take place overseas. | | | ATCA is a 1789 law that allows victims of human rights abuses committed abroad to sue the perpetrators in U.S. courts. | | | Be the 6278th to sign this letter to President Bush in defense of this 214 year old law. |
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http://www.notortureforprofit.org
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| Â | Project DIANA : Evans Paul vs. Prosper Avril |
| | The federal courts have consistently held that torture is one of the torts in violation of the law of nations over which federal district courts have jurisdiction. | | | Professor Burley's articles include: The Alien Tort Statute and the Judiciary Act of 1789: A Badge of Honor, 83 Am. | | | She is also a member of the International Law Association and has worked, as an assistant to Professor Abram Chayes, on a variety of international cases. |
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http://www.yale.edu/lawweb/avalon/diana/avril/0399.htm
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| Â | USATODAY.com - Government fights kidnapped doctor's suit |
| | In its argument Monday, the government asserted that the 1789 statute under which Alvarez-Machain sued was never intended to allow foreigners to sue each other in U.S. courts for events that occurred outside the USA. | | | Sosa and the federal government appealed to the Supreme Court. | | | Alvarez-Machain's award was affirmed by the U.S. Court of Appeals for the Ninth Circuit. |
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http://www.usatoday.com/news/washington/2004-03-30-kidnapped-doctor-suit_x.htm
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| Â | Articles by Anthony D’Amato |
| | State Responsibility for the Exportation of Nuclear Power Technology (with Kirsten Engel), 74 Virginia LR United States Experience at the International Court of Justice, (with M.E. O'Connell) in L.F. Damrosch, ed., The International Court of Justice at a Crossroads 403 (1987) | | | The Alien Tort Statute and the Founding of the Constitution, 82 AJIL 62 (1988) |
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http://anthonydamato.law.northwestern.edu/papers-1/recent%20articles.html
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| Â | Southwestern Faculty Activities Academic Year 2000-2001 |
| | She was also interviewed about the use of DNA profiles in arrest warrants for Media Tracks Radio's "Viewpoint" for airing on 75 affiliate stations nationwide. | | | Professor MARIN SCORDATO's article "Federal Pre-emption of State Tort Claims" is slated for publication in the University of California, Davis Law Review.(See also Professor PAULA MONOPOLI.) | | | Professor CHRISTINE METTEER's article "Some Incest is Harmless Incest: Determining the Fundamental Right to Marry of Adults Related by Affinity Without Resorting to State Incest Statutes," was published in 10 Kansas Journal of Law and Public Policy 262 (Winter 2000). |
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http://www.swlaw.edu/faculty/activities0001.htm
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| Â | Selected Acquisitions 01/01-31/04-- O'Quinn Law Library |
| | PSYCHOLOGICAL INJURIES AT TRIAL [ELECTRONIC RESOURCE] / EDITED BY IZABELA Z. Chicago, Ill. : Tort Trial and Insurance Practice Section, American Bar Association, c2003. | | | Chicago, Ill. : Tort and Insurance Practice Section, American Bar Association, c1990. | | | HANDBOOK OF TEXAS LAWYER AND JUDICIAL ETHICS : ATTORNEY TORT STANDARDS, ATTORNEY ETHICS STANDARDS, JUDICIAL ETHICS STANDARDS, RECUSAL AND DISQUALIFICATION OF JUDGES / BY ROBERT P. [St. Paul, Minn.] : Thomson/West, 2003. |
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http://www.law.uh.edu/Libraries/laacq/0401ab.html
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| Â | The Alien Tort Statute: Legislative History and Executive Branch Views |
| | It provides a historical overview of court decision interpreting the ATS, followed by an analysis of the positions taken by the U.S. government in published opinions of the Attorney General and in court briefs related to ATS claims. | | | The Alien Tort Statute: Legislative History and Executive Branch Views | | | Abstract: This report traces the legislative history of the Alien Tort Statute and summarizes some of the theories that have been put forth to explain the congressional intent behind its enactment. |
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http://www.pennyhill.com/law/rl32118.html
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| Â | National Association of Manufacturers - |
| | Home » Issues » Litigation Matters » Litigation » Alien Tort Statute | | | NAM Letter to Dept. of State on tort suits by foreign nationals (9/26/02) - 9/27/2002 (HTML) | | | However, this site will look much better in a browser that supports basic web standards. |
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http://www.nam.org/s_nam/sec.asp?CID=377&DID=375
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| Â | Books & Literature : Awakening Monster: The Alien Tort Statute of 1789 (15% discount) |
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