The Alien Tort Statute and the Law of Nations Anthony J
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SUPREME COURT LIMITS SCOPE of ALIEN TORT STATUTE on April
CLIENT MEMORANDUM SUPREME COURT LIMITS SCOPE OF ALIEN TORT STATUTE On April 17, 2013, the Supreme Court issued an important decision in Kiobel v. Royal Dutch Petroleum Co., limiting the scope of human rights claims that can be filed under the Alien Tort Statute (the “ATS”). In an opinion by Chief Justice John Roberts, the Court held that the ATS does not apply extraterritorially and rejected claims against Shell and its affiliates alleging human rights violations in Nigeria. Background In Kiobel, plaintiffs were Nigerian citizens and residents of Ogoniland, an area located in the Niger delta area of Nigeria. Defendants Royal Dutch Petroleum Company and Shell Transport and Trading Company, p.l.c., were foreign holding companies incorporated in the Netherlands and England, respectively; their joint subsidiary, Shell Petroleum Development Company of Nigeria, Ltd. (“SPDC”), was incorporated in Nigeria and engaged in oil exploration and production in Nigeria. According to the complaint, after Ogoniland residents began protesting SPDC’s environmental practices, SPDC began working with the Nigerian government to suppress the demonstrations— including via alleged human rights violations. The defendants allegedly aided and abetted human rights violations by, among other things, providing Nigerian forces with food, transportation, and compensation and allowing the Nigerian military to use company property as a staging ground for attacks. After the alleged activities, the plaintiffs filed the suit in the Southern District of New York alleging jurisdiction under the ATS for human rights violations. The ATS, which dates back to 1789, gives federal district courts “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.” 28 U.S.C. -
Interpreting the Constitution from Inside the Jury Box: Affecting Interstate Commerce As an Element of the Crime Richard W
Washington and Lee Law Review Volume 55 | Issue 2 Article 8 Spring 3-1-1998 Interpreting the Constitution from Inside the Jury Box: Affecting Interstate Commerce as an Element of the Crime Richard W. Smith Follow this and additional works at: https://scholarlycommons.law.wlu.edu/wlulr Part of the Constitutional Law Commons, Criminal Law Commons, and the Criminal Procedure Commons Recommended Citation Richard W. Smith, Interpreting the Constitution from Inside the Jury Box: Affecting Interstate Commerce as an Element of the Crime, 55 Wash. & Lee L. Rev. 615 (1998), https://scholarlycommons.law.wlu.edu/wlulr/vol55/iss2/8 This Note is brought to you for free and open access by the Washington and Lee Law Review at Washington & Lee University School of Law Scholarly Commons. It has been accepted for inclusion in Washington and Lee Law Review by an authorized editor of Washington & Lee University School of Law Scholarly Commons. For more information, please contact [email protected]. Interpreting the Constitution from Inside the Jury Box: Affecting Interstate Commerce as an Element of the Crime Richard W. Smith* Lord Coke is quoted as saying that reason is the life of the law. Charles Dickens, in Oliver Twist, had one of his characters say that the law is an ass. It may be that there are those in this day and time who would think it absurd for an appellate court to hold a trial court in error for failing to charge the jury that it might find a defendant not guilty of an offense which he did not deny having committed. -
Statute of Limitations for Alien Torts: a Reexamination After Kiobel'
THE STATUTE OF LIMITATIONS FOR ALIEN TORTS: A REEXAMINATION AFTER KIOBEL' Alka Pradhan2 The recent Second Circuit ruling in Kiobel v. Royal Dutch Petroleum3 that corporations may not be held liable under the Alien Tort Statute (ATS, formerly ATCA) 4 has shaken many human rights activists and internationalists. If this holding is upheld, it will require major reformulation of pending complaints. Although Kiobel may make the road difficult for ATS plaintiffs, the court's insistence on adhering solely to customary international law in determining jurisdictional issues may benefit ATS plaintiffs in other areas, most notably by contributing to the argument against the imposition of a statute of limitations on claims under the ATS.' Contrary to this position, the Ninth Circuit, in Wesley Papa,et al. v. United States and the U.S. Immigration & Naturalization Service, was the first to apply a ten year statute of limitations to ATS claims.6 This holding has been cited in several other cases within the Ninth and Second Circuits.' However, the imposition of time limitations on ATS claims has been rebuffed by other U.S. courts.! This article concludes that not only does imposition of a statute of limitations negate the purpose of the ATS,9 but also the Ninth Circuit's reasoning in favor of time limitations does not hold in the face of Kiobel.10 I. THE PURPOSE OF THE ATS: " UPHOLDING JUS COGENS NORMS The ATS,12 a simple pronouncement within the Judiciary Act of 1789, states that "[t]he district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of 1. -
Keep Reading Wilson As a Justice
Wilson as a Justice MAEVA MARCUS* ABSTRACT James Wilson, a founding father of great intellect and promise, never ful®lled his potential as a Justice. This paper explores his experience on the Supreme Court and the reasons that led to his failure to achieve the distinction that was expected of him. James Wilson very much wanted to be the ®rst Chief Justice.1 But when George Washington denied him that honor and nominated him to be an Associate Justice, he accepted and threw himself into the work with characteristic industry.2 Other than a title and $500 more in annual salary3 (Wilson probably wanted this more than anything else), Wilson lost little. Life as an Associate Justice would be no different from life as the Chief. A Justice occupied one of the most exalted positions in the new government and was paid more than any other federal em- ployee, except the President and the Vice-President.4 Nominations were the sub- ject of ®erce competition.5 But in 1789 no one knew exactly what that job would entail. This paper gives the reader some idea of what a Justice, and speci®cally James Wilson, did in the 1790s.6 Wilson spent more of his time on the bench of circuit courts than he did on the Supreme Court bench; thus, this paper will focus signi®- cantly on his circuit court activities.7 And Wilson performed his circuit court * Currently Director of the Institute for Constitutional History at the New-York Historical Society and Research Professor at the George Washington University Law School and General Editor of the Oliver Wendell Holmes Devise History of the Supreme Court of the United States, Maeva Marcus previously edited The Documentary History of the Supreme Court of the United States, 1789-1800, an eight-volume series completed in 2006. -
Mandatory Minimum Penalties and Statutory Relief Mechanisms
Chapter 2 HISTORY OF MANDATORY MINIMUM PENALTIES AND STATUTORY RELIEF MECHANISMS A. INTRODUCTION This chapter provides a detailed historical account of the development and evolution of federal mandatory minimum penalties. It then describes the development of the two statutory mechanisms for obtaining relief from mandatory minimum penalties. B. MANDATORY MINIMUM PENALTIES IN THE EARLY REPUBLIC Congress has used mandatory minimum penalties since it enacted the first federal penal laws in the late 18th century. Mandatory minimum penalties have always been prescribed for a core set of serious offenses, such as murder and treason, and also have been enacted to address immediate problems and exigencies. The Constitution authorizes Congress to establish criminal offenses and to set the punishments for those offenses,17 but there were no federal crimes when the First Congress convened in New York in March 1789.18 Congress created the first comprehensive series of federal offenses with the passage of the 1790 Crimes Act, which specified 23 federal crimes.19 Seven of the offenses in the 1790 Crimes Act carried a mandatory death penalty: treason, murder, three offenses relating to piracy, forgery of a public security of the United States, and the rescue of a person convicted of a capital crime.20 One of the piracy offenses specified four different forms of criminal conduct, arguably increasing to 10 the number of offenses carrying a mandatory minimum penalty.21 Treason, 17 See U.S. Const. art. I, §8 (enumerating powers to “provide for the Punishment of counterfeiting the Securities and current Coin of the United States” and to “define and punish Piracies and Felonies committed on the high Seas, and Offences against the Law of Nations”); U.S. -
12 Big Names from World Cinema in Conversation with Marrakech Audiences
The 18th edition of the Marrakech International Film Festival runs from 29 November to 7 December 2019 12 BIG NAMES FROM WORLD CINEMA IN CONVERSATION WITH MARRAKECH AUDIENCES Rabat, 14 November 2019. The “Conversation with” section is one of the highlights of the Marrakech International Film Festival and returns during the 18th edition for some fascinating exchanges with some of those who create the magic of cinema around the world. As its name suggests, “Conversation with” is a forum for free-flowing discussion with some of the great names in international filmmaking. These sessions are free and open to all: industry professionals, journalists, and the general public. During last year’s festival, the launch of this new section was a huge hit with Moroccan and internatiojnal film lovers. More than 3,000 people attended seven conversations with some legendary names of the big screen, offering some intense moments with artists, who generously shared their vision and their cinematic techniques and delivered some dazzling demonstrations and fascinating anecdotes to an audience of cinephiles. After the success of the previous edition, the Festival is recreating the experience and expanding from seven to 11 conversations at this year’s event. Once again, some of the biggest names in international filmmaking have confirmed their participation at this major FIFM event. They include US director, actor, producer, and all-around legend Robert Redford, along with Academy Award-winning French actor Marion Cotillard. Multi-award-winning Palestinian director Elia Suleiman will also be in attendance, along with independent British producer Jeremy Thomas (The Last Emperor, Only Lovers Left Alive) and celebrated US actor Harvey Keitel, star of some of the biggest hits in cinema history including Thelma and Louise, The Piano, and Pulp Fiction. -
Aiding and Abetting in Wang Xiaoning V. Yahoo Mara D
Brooklyn Journal of International Law Volume 34 | Issue 1 Article 5 2009 When in Rome: Aiding and Abetting in Wang Xiaoning v. Yahoo Mara D. Byrne Follow this and additional works at: https://brooklynworks.brooklaw.edu/bjil Recommended Citation Mara D. Byrne, When in Rome: Aiding and Abetting in Wang Xiaoning v. Yahoo, 34 Brook. J. Int'l L. (2008). Available at: https://brooklynworks.brooklaw.edu/bjil/vol34/iss1/5 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Journal of International Law by an authorized editor of BrooklynWorks. WHEN IN ROME: AIDING AND ABETTING IN WANG XIAONING V. YAHOO INTRODUCTION n April 2007, Wang Xiaoning, a Chinese dissident, filed suit against I Yahoo! Inc. and certain subsidiaries (“Yahoo”) under the Alien Tort Claims Act (“ATCA”).1 The suit alleged that Yahoo aided and abetted the Chinese government in the torture, cruel and degrading treatment, arbitrary arrest, and prolonged detention of Wang.2 Through a Yahoo group that permitted him to post anonymously, Wang posted several ar- ticles online criticizing the Chinese government and calling for demo- cratic reform in China.3 After Yahoo provided information to the Chinese government on the Yahoo account used to publish the articles, the gov- ernment was able to identify Wang as the author of the postings.4 Wang was subsequently sentenced to ten years in prison for inciting subversion, and he claims that he has since been repeatedly beaten and tortured in the labor camp -
Congress's Power to Regulate the Federal Judiciary: What the First Congress and the First Federal Courts Can Teach Today's Congress and Courts
Pepperdine Law Review Volume 37 Issue 3 Article 2 3-15-2010 Congress's Power to Regulate the Federal Judiciary: What the First Congress and the First Federal Courts Can Teach Today's Congress and Courts Paul Taylor Follow this and additional works at: https://digitalcommons.pepperdine.edu/plr Part of the Constitutional Law Commons, Courts Commons, and the Legal History Commons Recommended Citation Paul Taylor Congress's Power to Regulate the Federal Judiciary: What the First Congress and the First Federal Courts Can Teach Today's Congress and Courts , 37 Pepp. L. Rev. Iss. 3 (2010) Available at: https://digitalcommons.pepperdine.edu/plr/vol37/iss3/2 This Article is brought to you for free and open access by the Caruso School of Law at Pepperdine Digital Commons. It has been accepted for inclusion in Pepperdine Law Review by an authorized editor of Pepperdine Digital Commons. For more information, please contact [email protected], [email protected], [email protected]. Congress's Power to Regulate the Federal Judiciary: What the First Congress and the First Federal Courts Can Teach Today's Congress and Courts Paul Taylor* I. INTRODUCTION II. JAMES MADISON AND THE CONVENTION DEBATES III. THE CONSTITUTIONAL TEXT IV. THE FEDERALIST PAPERS (ALEXANDER HAMILTON) VI. OLIVER ELLSWORTH AND THE FIRST CONGRESS A. The JudiciaryAct of 1789 B. The Pro-FederalGovernment Policy ofSection 25 of the JudiciaryAct of 1789 C. Supportfor the JudiciaryAct of 1789 in the First Congress D. Cases Dismissed Under Section 25 of the JudiciaryAct of 1789 VII. THE POLICY BEHIND THE 1914 AMENDMENTS TO SECTION 25 OF THE JUDICIARY ACT OF 1789 VIII. -
To Extend the Time to File a Petition for a Writ of Certiorari From
No. 17A- IN THE SUPREME COURT OF THE UNITED STATES JOHN R. TURNER, Applicant, vs. UNITED STATES Respondent. On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit APPLICATION FOR EXTENSION OF TIME TO FILE A PETITION FOR WRIT OF CERTIORARI Robert L. Hutton Counsel of Record GLANKLER BROWN, PLLC 6000 Poplar Avenue Suite 400 Memphis, Tennessee 38119 (901) 525-1322 [email protected] APPLICATION FOR EXTENSION OF TIME TO FILE A PETITION FOR A WRIT OF CERTIORARI To the Honorable Elena Kagan, Circuit Justice for the United States Court of Appeals for the Sixth Circuit: In accordance with Rule 13.5 of the United States Supreme Court Rules, John R. Turner requests a thirty-day extension of time, up to and including Monday, July 23, 2018, within which to file his petition for writ of certiorari. Turner's petition for certiorari is currently due June 21, 2018. In support of this application, counsel states: Turner's case raises two important constitutional questions: Does the Sixth Amendment right to counsel attach when a prosecutor conducts plea negotiations prior to the formal commencement of judicial proceedings? Does the Sixth Amendment right to counsel attach when a federal prosecutor conducts plea negotiations before the filing of a formal charge in federal court, where the defendant has already been charged with the same offense in state court? On March 23, 2018, the United States Court of Appeals for the Sixth Circuit, sitting en banc, denied Turner relief. Turner v. United States, 885 F.3d 949 (6th Cir. -
Nationality, Statelessness and Migration in West Africa
Nationality, Migration and Statelessness in West Africa A study for UNHCR and IOM Bronwen Manby June 2015 UNHCR Regional Office for West Africa Route du Méridien Président Immeuble Faalo, Almadies Dakar, Senegal [email protected] Tel: +221 33 867 62 07 Fax: +221 33 867 62 15 International Organisation for Migration Regional Office for West and Central Africa Route des Almadies – Zone 3 Dakar, Senegal [email protected] Tel: +221 33 869 62 00 Fax: +221 33 869 62 33 @IOMROWCA / @IOM_News IOM Regional Office for West and Central Africa Web: www.rodakar.iom.int This report was prepared on the basis of field and other research during 2014. It was presented by the author at a Ministerial Conference on Statelessness in the ECOWAS region, held in Abidjan, Côte d’Ivoire, 23 to 25 February 2015 and subsequently circulated to ECOWAS Member States and other stakeholders for comment. This final version integrates the comments made by states and others who were consulted for the report. The tables and other information in the report have been updated to the end of 2014. This report may be quoted, cited, uploaded to other websites and copied, provided that the source is acknowledged. The views expressed here are those of the author and do not necessarily reflect the official position of UNHCR or IOM. All names have been changed for the personal stories in boxes. Table of Contents List of Tables ........................................................................................................................................ i List of Boxes ........................................................................................................................................ -
Corporate Civil Liability Under the Alien Tort Statute: Exploring Its Possibility and Jurisdictional Limitations Matthew E
Cornell International Law Journal Volume 44 Article 6 Issue 3 Fall 2011 Corporate Civil Liability under the Alien Tort Statute: Exploring its Possibility and Jurisdictional Limitations Matthew E. Danforth Follow this and additional works at: http://scholarship.law.cornell.edu/cilj Part of the Law Commons Recommended Citation Danforth, Matthew E. (2011) "Corporate Civil Liability under the Alien Tort Statute: Exploring its Possibility and Jurisdictional Limitations," Cornell International Law Journal: Vol. 44: Iss. 3, Article 6. Available at: http://scholarship.law.cornell.edu/cilj/vol44/iss3/6 This Note is brought to you for free and open access by the Journals at Scholarship@Cornell Law: A Digital Repository. It has been accepted for inclusion in Cornell International Law Journal by an authorized administrator of Scholarship@Cornell Law: A Digital Repository. For more information, please contact [email protected]. Corporate Civil Liability Under the Alien Tort Statute: Exploring Its Possibility and Jurisdictional Limitations Matthew E. Danfortht Introduction ..................................................... 660 I. The History of the ATS ................................... 662 A. The Alien Tort Statute ................................. 662 B. Developing the Standards: ATS Precedents ............. 664 1. Developing General Standards ...................... 664 2. Consideration of Aiding and Abetting and Corporate L iability ........................................... 665 II. The Case Preventing Corporate ATS Liability: Kiobel v. Royal Dutch Petroleum Co................................. 666 A. Historical and Procedural Background ................. 666 B. The Majority's Reasoning .............................. 668 III. The Possibility of Corporate Liability Under the ATS ..... 671 A. International Law Sets Forth Its Norms and Nations Have the Power to Prosecute Actors Who Violate Those Norms: Nuremberg as an Example .................... 671 B. Kiobel Departs from Second Circuit and Supreme Court Preceden t ............................................ -
Settling a Corporate Accountability Lawsuit Without Sacrificing Human Rights: Wang Xiaoning V
Human Rights Brief Volume 15 | Issue 2 Article 3 2008 Settling a Corporate Accountability Lawsuit Without Sacrificing Human Rights: Wang Xiaoning v. Yahoo! Theresa Harris Follow this and additional works at: http://digitalcommons.wcl.american.edu/hrbrief Part of the Corporation and Enterprise Law Commons, Human Rights Law Commons, and the International Law Commons Recommended Citation Harris, Theresa. "Settling a Corporate Accountability Lawsuit Without Sacrificing Human Rights: Wang Xiaoning v. Yahoo!" Human Rights Brief 15, no. 2 (2008): 10-13. This Article is brought to you for free and open access by the Washington College of Law Journals & Law Reviews at Digital Commons @ American University Washington College of Law. It has been accepted for inclusion in Human Rights Brief by an authorized administrator of Digital Commons @ American University Washington College of Law. For more information, please contact [email protected]. Harris: Settling a Corporate Accountability Lawsuit Without Sacrificing H Settling a Corporate Accountability Lawsuit Without Sacrificing Human Rights: Wang Xiaoning v. Yahoo! by Theresa Harris* N NOVEMBER 13, 2007, CHINESE POLITICAL PRISONERS Shi Tao and Wang Xiaoning withdrew their Alien Tort OStatute lawsuit against internet service provider Yahoo! Inc. after reaching a private settlement agreement with the com- pany. Theirs was certainly not the first lawsuit brought against a corporation for complicity in human rights abuses. At least 40 such cases have been filed under the Alien Tort Statute and the Torture Victims Protection Act in U.S. courts. Only a few of these lawsuits, however, ended because the defendant corpora- tion reached an agreement with the plaintiffs to settle the case out of court.