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The Alien Tort Statute and the Law of Nations Anthony J
The University of Chicago Law Review Volume 78 Spring 2011 Number 2 @2011 by The University of Chicago ARTICLES The Alien Tort Statute and the Law of Nations Anthony J. Bellia Jrt & Bradford R. Clarktt Courts and scholars have struggled to identify the original meaning of the Alien Tort Statute (A TS). As enacted in 1789, the A TS provided "[that the district courts ... shall ... have cognizance ... of all causes where an alien sues for a tort only in violation of the law of nations or a treaty of the United States." The statute was rarely invoked for almost two centuries. In the 1980s, lower federal courts began reading the statute expansively to allow foreign citizens to sue other foreign citizens for all violations of modern customary international law that occurred outside the United States. In 2004, the Supreme Court took a more restrictive approach. Seeking to implement the views of the First Congress, the Court determined that Congress wished to grant federal courts jurisdiction only over a narrow category of alien claims "correspondingto Blackstone's three primary [criminal] offenses [against the law of nations]: violation of safe conducts, infringement of the rights of ambassadors, and piracy." In this Article, we argue that neither the broaderapproach initially endorsed by t Professor of Law and Notre Dame Presidential Fellow, Notre Dame Law School. tt William Cranch Research Professor of Law, The George Washington University Law School. We thank Amy Barrett, Tricia Bellia, Curt Bradley, Paolo Carozza, Burlette Carter, Anthony Colangelo, Michael Collins, Anthony D'Amato, Bill Dodge, Rick Garnett, Philip Hamburger, John Harrison, Duncan Hollis, Bill Kelley, Tom Lee, John Manning, Maeva Marcus, Mark McKenna, Henry Monaghan, David Moore, Julian Mortenson, Sean Murphy, John Nagle, Ralph Steinhardt, Paul Stephan, Ed Swaine, Jay Tidmarsh, Roger Trangsrud, Amanda Tyler, Carlos Vizquez, Julian Velasco, and Ingrid Wuerth for helpful comments. -
Statute Law Repeals: Twentieth Report Draft Statute Law (Repeals) Bill
2015: 50 years promoting law reform Statute Law Repeals: Twentieth Report Draft Statute Law (Repeals) Bill LC357 / SLC243 The Law Commission and The Scottish Law Commission (LAW COM No 357) (SCOT LAW COM No 243) STATUTE LAW REPEALS: TWENTIETH REPORT DRAFT STATUTE LAW (REPEALS) BILL Presented to Parliament by the Lord Chancellor and Secretary of State for Justice by Command of Her Majesty Laid before the Scottish Parliament by the Scottish Ministers June 2015 Cm 9059 SG/2015/60 © Crown copyright 2015 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: [email protected]. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. Print ISBN 9781474119337 Web ISBN 9781474119344 ID 20051507 05/15 49556 19585 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the Williams Lea Group on behalf of the Controller of Her Majesty’s Stationery Office ii The Law Commission and the Scottish Law Commission were set up by the Law Commissions Act 1965 for the purpose of promoting the reform of the law. The Law Commissioners are: The Right Honourable Lord Justice Lloyd Jones, Chairman Professor Elizabeth Cooke1 Stephen Lewis Professor David Ormerod QC Nicholas Paines QC. The Chief Executive of the Law Commission is Elaine Lorimer. The Law Commission is located at 1st Floor, Tower, 52 Queen Anne’s Gate, London SW1H 9AG The Scottish Law Commissioners are: The Honourable Lord Pentland, Chairman Caroline Drummond David Johnston QC Professor Hector L MacQueen Dr Andrew J M Steven The Chief Executive of the Scottish Law Commission is Malcolm McMillan. -
Imperial Acts Adopted
Western Australia Imperial Acts Adopted STATUS OF THIS DOCUMENT This document is from an electronic database of legislation maintained by the Parliamentary Counsel’s Office of Western Australia. DISCLAIMER No warranty is given as to the accuracy or completeness of this document. The State of Western Australia and its agents and employees disclaim liability, whether in negligence or otherwise, for any loss or damage resulting from reliance on the accuracy or completeness of this document. REPRINT AND CONSOLIDATION NUMBERING The reprint number (in the footer of each page of the document) shows how many times the Act has been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the Act was passed. A consolidation described as “Consolidation 3a” would be the result of updating Reprint 3 for the first time to reflect the amendments since the date as at which Reprint 3 was prepared. Reprint and consolidation numbering was implemented as from 1 January 2003. COPYRIGHT Copyright in this document is reserved to the Crown in right of the State of Western Australia. Reproduction except in accordance with copyright law is prohibited. THE TEXT OF THE LEGISLATION FOLLOWS Western Australia Imperial Acts Adopted CONTENTS Bills of exchange (day for payment) (1836) [1.] Bills of exchange need not be presented to acceptors for honour or referees till the day following the day on which they become due 10 2. If the following day be a Sunday, etc., then on the day following such Sunday, etc. 11 Bills of exchange (non-payment) (1832) [1.] Bills of exchange expressed to be paid in any place other than the residence of the drawee, if not accepted on presentment, may be protested in that place, unless amount paid to the holder 12 Civil Procedure Act 1833 2. -
Elizabeth Woodville and Margery Kempe, Female Agency in Late Medieval England
ABSTRACT “She Should Have More if She Were Ruled and Guided by Them”: Elizabeth Woodville and Margery Kempe, Female Agency in Late Medieval England Laura Christine Oliver, M.A. Thesis Advisor: Beth Allison Barr, Ph.D. This thesis argues that while patriarchy was certainly present in England during the late medieval period, women of the middle and upper classes were able to exercise agency to a certain degree through using both the patriarchal bargain and an economy of makeshifts. While the methods used by women differed due to the resources available to them, the agency afforded women by the patriarchal bargain and economy of makeshifts was not limited to the aristocracy. Using Elizabeth Woodville and Margery Kempe as cases studies, this thesis examines how these women exercised at least a limited form of agency. Additionally, this thesis examines whether ordinary women have access to the same agency as elite women. Although both were exceptional women during this period, they still serve as ideal case studies because of the sources available about them and their status as role models among their contemporaries. “She Should Have More if She Were Ruled and Guided By Them”: Elizabeth Woodville and Margery Kempe, Female Agency in Late Medieval England by Laura Christine Oliver, B.A. A Thesis Approved by the Department of History ___________________________________ Jeffrey S. Hamilton, Ph.D., Chairperson Submitted to the Graduate Faculty of Baylor University in Partial Fulfillment of the Requirements for the Degree of Master of Arts Approved by the Thesis Committee ___________________________________ Beth Allison Barr, Ph.D., Chairperson ___________________________________ Julie A. -
High Court Judgment Template
Neutral Citation Number: [2019] EWHC 2381 (QB) Case No: CO/3385/2019 IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION DIVISIONAL COURT Royal Courts of Justice Strand, London, WC2A 2LL Date: 11 September 2019 Before: THE RT HON THE LORD BURNETT OF MALDON LORD CHIEF JUSTICE OF ENGLAND AND WALES THE RT HON SIR TERENCE ETHERTON MASTER OF THE ROLLS THE RT HON DAME VICTORIA SHARP DBE PRESIDENT OF THE QUEEN’S BENCH DIVISION - - - - - - - - - - - - - - - - - - - - - Between: THE QUEEN on the application of GINA MILLER Claimant and THE PRIME MINISTER Defendant and THE RT HON THE BARONESS CHAKRABARTI First Intervener CBE and THE COUNSEL GENERAL FOR WALES Second Intervener and THE RT HON SIR JOHN MAJOR KG CH Third Intervener and THE LORD ADVOCATE Fourth Intervener - - - - - - - - - - - - - - - - - - - - - Lord Pannick QC, Tom Hickman QC and Warren Fitt (instructed by Mishcon de Reya LLP) for the Claimant Sir James Eadie QC, David Blundell, Christopher Knight and Richard Howell (instructed by Government Legal Department) for the Defendant Deok Joo Rhee QC (instructed by Howe & Co Solicitors) for the First Intervener Michael Fordham QC, Hollie Higgins and Celia Rooney (instructed by Legal Services Department, Welsh Government) for the Second Intervener Lord Garnier QC, Tom Cleaver and Anna Hoffmann (instructed by Herbert Smith Freehills LLP) for the Third Intervener The Rt Hon W James Wolffe QC (Lord Advocate), James Mure QC, Alan Maclean QC and Christine O'Neill (instructed by Baker & McKenzie LLP) for the Fourth Intervener Hearing date: 5 September 2019 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment Approved by the Court R(Miller) v PM The Lord Burnett of Maldon CJ, Sir Terence Etherton MR, Dame Victoria Sharp P: 1. -
The British Statutes (Application to India) Repeal Act, 1960 Act No. 57 of 1960
THE BRITISH STATUTES (APPLICATION TO INDIA) REPEAL ACT, 1960 ACT NO. 57 OF 1960 [26th December, 1960.] An Act to repeal certain British statutes in their application to India. BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:— 1. Short title.—This Act may be called the British Statutes (Application to India) Repeal Act, 1960. 2. Repeal of certain British statutes in their application to India.—The British statues specified in the Schedule, in so far as they extend to, and operate as part of the law of, India or any part thereof, are hereby repealed. 3. Savings.—For the removal of doubts, it is hereby declared that the repeal by this Act of any British statute shall not affect the operation of any such statute in relation to India and to persons and things in any way belonging to or connected with India in any country to which the India (Consequential Provision) Act, 1949 (12, 13 and 14 Geo VI, c. 92), extends. 1 THE SCHEDULE (See section 2) BRITISH STATUTES REPEALED IN THEIR APPLICATION TO INDIA Serial No. Year Short title or subject 1 1297 Magna Carta (25 Edw. 1, c. 1 and 29). 2 1331 Unlawful attachment (5 Edw. 3, c. 9). 3 1354 Non-condemnation without due process (28 Edw. 3, c. 3). 4 1540 The Marriage Act, 1540 (32 Hen. 8, c. 38). 5 1551-2 The Sale of Offices Act, 1551 (5 & 6 Edw. 6, c. 16). 6 1677 The Statute of Frauds (29 Cha. 2, c. -
Rump Ballads and Official Propaganda (1660-1663)
Ezra’s Archives | 35 A Rhetorical Convergence: Rump Ballads and Official Propaganda (1660-1663) Benjamin Cohen In October 1917, following the defeat of King Charles I in the English Civil War (1642-1649) and his execution, a series of republican regimes ruled England. In 1653 Oliver Cromwell’s Protectorate regime overthrew the Rump Parliament and governed England until his death in 1659. Cromwell’s regime proved fairly stable during its six year existence despite his ruling largely through the powerful New Model Army. However, the Protectorate’s rapid collapse after Cromwell’s death revealed its limited durability. England experienced a period of prolonged political instability between the collapse of the Protectorate and the restoration of monarchy. Fears of political and social anarchy ultimately brought about the restoration of monarchy under Charles I’s son and heir, Charles II in May 1660. The turmoil began when the Rump Parliament (previously ascendant in 1649-1653) seized power from Oliver Cromwell’s ineffectual son and successor, Richard, in spring 1659. England’s politically powerful army toppled the regime in October, before the Rump returned to power in December 1659. Ultimately, the Rump was once again deposed at the hands of General George Monck in February 1660, beginning a chain of events leading to the Restoration.1 In the following months Monck pragmatically maneuvered England toward a restoration and a political 1 The Rump Parliament refers to the Parliament whose membership was composed of those Parliamentarians that remained following the expulsion of members unwilling to vote in favor of executing Charles I and establishing a commonwealth (republic) in 1649. -
Statute Law Revision Bill 2007 ————————
———————— AN BILLE UM ATHCHO´ IRIU´ AN DLI´ REACHTU´ IL 2007 STATUTE LAW REVISION BILL 2007 ———————— Mar a tionscnaı´odh As initiated ———————— ARRANGEMENT OF SECTIONS Section 1. Definitions. 2. General statute law revision repeal and saver. 3. Specific repeals. 4. Assignment of short titles. 5. Amendment of Short Titles Act 1896. 6. Amendment of Short Titles Act 1962. 7. Miscellaneous amendments to post-1800 short titles. 8. Evidence of certain early statutes, etc. 9. Savings. 10. Short title and collective citation. SCHEDULE 1 Statutes retained PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 [No. 5 of 2007] SCHEDULE 2 Statutes Specifically Repealed PART 1 Pre-Union Irish Statutes 1169 to 1800 PART 2 Statutes of England 1066 to 1706 PART 3 Statutes of Great Britain 1707 to 1800 PART 4 Statutes of the United Kingdom of Great Britain and Ireland 1801 to 1922 ———————— 2 Acts Referred to Bill of Rights 1688 1 Will. & Mary, Sess. 2. c. 2 Documentary Evidence Act 1868 31 & 32 Vict., c. 37 Documentary Evidence Act 1882 45 & 46 Vict., c. 9 Dower Act, 1297 25 Edw. 1, Magna Carta, c. 7 Drainage and Improvement of Lands Supplemental Act (Ireland) (No. 2) 1867 31 & 32 Vict., c. 3 Dublin Hospitals Regulation Act 1856 19 & 20 Vict., c. 110 Evidence Act 1845 8 & 9 Vict., c. 113 Forfeiture Act 1639 15 Chas., 1. c. 3 General Pier and Harbour Act 1861 Amendment Act 1862 25 & 26 Vict., c. -
Lady Eleanor Talbot's Other Husband
Lady Eleanor Talbot’s Other Husband: Sir Thomas Butler, heir of Sudeley, and his family JOHN-ASHDOWN HILL Although King Henry VII tried very hard to supress the fact, it is well known that in asserting his claim to the throne in 1483, Richard III had cited a prior contract of marriage between his brother, the late king Edward IV, and the Lady Eleanor Talbot. A marriage contract which, together with Edward’s clandestine second marriage with Elizabeth Woodville, made all the children of that second marriage illegitimate. It is now also established that Lady Eleanor Talbot was, at the time of her alleged marriage with Edward IV, a young widow, having been previously married to Sir Thomas Butler. Indeed, the Titulus Regius of 1484 refers to both Lady Eleanor and Elizabeth Woodville under their married names, as ‘Eleanor Butler’ and ‘Elizabeth Grey’ respectively. In this article, however, to avoid confusion, the consistent practice is to refer to women by their maiden surnames, hence ‘Eleanor Talbot’ and ‘Elizabeth Woodville’. Previous writers have casually suggested that Richard III selected Lady Eleanor Talbot to be named as ‘the lady of the precontract’ because there were no members of her family around to contradict him. This article establishes that on the contrary there were numerous relatives of both Lady Eleanor and Sir Thomas Butler living in the Richard’s reign and that these living relatives apparently had no difficulty in accepting Richard III and in prospering under him.1 Sir Thomas Butler is a shadowy figure and only three facts seem to be generally known about him: that he was the only son and heir of Ralph Butler, Lord Sudeley, that in about 1450 he married Lady Eleanor Talbot, daughter of the first earl of Shrewbury, and that about ten years later he died, leaving no children. -
Richard 111 Society, Inc. Volume XXIII No. 2 Summer, 1998 Register Staff
Richard 111 Society, Inc. Volume XXIII No. 2 Summer, 1998 Register Staff EDITOR: Carole M. Rike 4702 Dryades St. l New Orleans, LA 70115 (504) 897-9673 0 1998 Richard III Society, Inc., American Branch. No part may be FAX (504) 897-0125 l e-mail: carole@word-cateringcorn reproduced or transmitted in any form or by any means - mecbanica2, RICARDIAN READING EDITOR: Myrna Smith electrkal or photocopying, recording or information storage retrieval - without written permission jam the Society. Articles submitted by Rt. 1 Box 232B l Hooks, TX 7.5561 members remain the property of the author. The Ricardian Register is (903) 547-6609 l FAX: (903) 792-7398 or (903) 628-2658 published four times per year. Subscriptions are available at $18.00 annually. ARTIST: Susan Dexter The Richard III Society is a nonprofit, educational corporation. 1510 Delaware Avenue l New Castle, PA 161052674 Dues, grants and contributions are tax-deductible to the extent allowed by law. Dues are $30 annually for U.S. Addresses; $35 for international. Each additional family member is $5. Members of the American In This Issue Society are also members of the English Society. Members also receive the English publications. All Society publications and items for sale may be purchased either direct at the U.K. Member’s price, or Mysterious Case of the White Boar, via the American Branch when available. Papers may be borrowed James G. Gilbert ......... 4 from the English Librarian, but books are not sent overseas. When a U.S. Member visits the U.K., all meetings, expeditions and other Conclusion ......... -
Common Law Judicial Office, Sovereignty, and the Church Of
1 Common Law Judicial Office, Sovereignty, and the Church of England in Restoration England, 1660-1688 David Kearns Faculty of Arts and Social Sciences The University of Sydney A thesis submitted to fulfil requirements for the degree of Doctor of Philosophy 2019 2 This is to certify that to the best of my knowledge, the content of this thesis is my own work. This thesis has not been submitted for any degree or other purposes. I certify that the intellectual content of this thesis is the product of my own work and that all the assistance received in preparing this thesis and sources have been acknowledged. David Kearns 29/06/2019 3 Authorship Attribution Statement This thesis contains material published in David Kearns, ‘Sovereignty and Common Law Judicial Office in Taylor’s Case (1675)’, Law and History Review, 37:2 (2019), 397-429, and material to be published in David Kearns and Ryan Walter, ‘Office, Political Theory, and the Political Theorist’, The Historical Journal (forthcoming). The research for these articles was undertaken as part of the research for this thesis. I am the sole author of the first article and sole author of section I of the co-authored article, and it is the research underpinning section I that appears in the thesis. David Kearns 29/06/2019 As supervisor for the candidature upon which this thesis is based, I can confirm that the authorship attribution statements above are correct. Andrew Fitzmaurice 29/06/2019 4 Acknowledgements Many debts have been incurred in the writing of this thesis, and these acknowledgements must necessarily be a poor repayment for the assistance that has made it possible. -
Criminal Law Act 1967 (C
Criminal Law Act 1967 (c. 58) 1 SCHEDULE 4 – Repeals (Obsolete Crimes) Document Generated: 2021-04-04 Status: This version of this schedule contains provisions that are prospective. Changes to legislation: There are currently no known outstanding effects for the Criminal Law Act 1967, SCHEDULE 4. (See end of Document for details) SCHEDULES SCHEDULE 4 Section 13. REPEALS (OBSOLETE CRIMES) Modifications etc. (not altering text) C1 The text of S. 10(2), S. 13(2), Sch. 2 paras. 3, 4, 6, 10, 12(2), 13(1)(a)(c)(d), 14, Sch. 3 and Sch. 4 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991. PART I ACTS CREATING OFFENCES TO BE ABOLISHED Chapter Short Title Extent of Repeal 3 Edw. 1. The Statute of Westminster Chapter 25. the First. (Statutes of uncertain date — Statutum de Conspiratoribus. The whole Act. 20 Edw. 1). 28 Edw. 1. c. 11. (Champerty). The whole Chapter. 1 Edw. 3. Stat. 2 c. 14. (Maintenance). The whole Chapter. 1 Ric. 2. c. 4. (Maintenance) The whole Chapter. 16 Ric. 2. c. 5. The Statute of Praemunire The whole Chapter (this repeal extending to Northern Ireland). 24 Hen. 8. c. 12. The Ecclesiastical Appeals Section 2. Act 1532. Section 4, so far as unrepealed. 25 Hen. 8. c. 19. The Submission of the Clergy Section 5. Act 1533. The Appointment of Bishops Section 6. Act 1533. 25 Hen. 8. c.