Search for: ""Sosa v. Alvarez-Machain" OR "542 U.S. 692"" Results 1 - 20 of 26
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15 Jul 2021, 9:01 pm by Samuel Estreicher and Julian Ku
Alvarez-Machain, 542 U.S. 692 (2004), kept the door ajar for ATS lawsuits ruling (technically dicta) that Congress intended to authorize federal courts to adopt a “limited class” of cause of actions exhibiting the specificity and universal acceptance of the historical international torts (recognized by Blackstone) of assaults on ambassadors, violations of safe-conduct assurances, and piracy, situations where either no other nation’s… [read post]
16 Mar 2017, 7:42 pm by Patricia Wald
Alvarez-Machain, 542 U.S. 692, 750 (2004) as a “fad,” a “fashion,” and “a 20th century invention of internationalist law professors and human rights advocates”). [read post]
16 Dec 2015, 12:08 pm by Sarah Freuden, Alex Zerden
Alvarez Machain, 542 U.S. 692 (2004), the Supreme Court held that the ATS is a jurisdictional statute, which grants jurisdiction over violations of only those international norms that are binding, specific, and universally accepted, such as piracy and torture. [read post]
10 Nov 2015, 6:54 am by Robert Loeb, David Ryan
Alvarez-Machain, 542 U.S. 692 (2004), held that courts must use great caution is recognizing common claims under the ATS and that such claims must, at a minimum, state a violation of a clearly defined, widely accepted, obligatory international norm. [read post]
2 Mar 2012, 4:51 am
Alvarez-Machain, 542 U.S. 692 (2004), the Second Circuit stated that it must look to “customary international law to determine both whether certain conduct leads to ATS liability and whether the scope of liability under the ATS extends to the defendant being sued. [read post]
2 Mar 2012, 4:51 am
Alvarez-Machain, 542 U.S. 692 (2004), the Second Circuit stated that it must look to “customary international law to determine both whether certain conduct leads to ATS liability and whether the scope of liability under the ATS extends to the defendant being sued. [read post]
12 Dec 2011, 3:00 am by Louis M. Solomon
Alvarez-Machain, 542 U.S. 692 (2004) (describing the history of the Alien Tort Statute and holding that district courts may recognize private causes of action for some violations of the law of nations). [read post]
8 Oct 2011, 2:52 am by Julian Ku
Alvarez-Machain, 542 U.S. 692 (2004), directs that only violations of well-established, specifically defined, and universally agreed-upon international law rules may be recognized under the ATS. [read post]
9 Aug 2011, 11:21 am by Tobias Thienel
The scenario, then, was reasonably similar to that in the famous Alvarez-Machain case (see Sosa v Alvarez-Machain, 542 U.S. 692 (2004)). [read post]
22 Mar 2011, 8:34 am by Russell Jackson
Alvarez-Machain, 542 U.S. 692 (2004) against broadly interpreting new international causes of action into federal common law. [read post]
30 Sep 2010, 7:28 am
Alvarez-Machain, 542 U.S. 692 (2004), requires the federal courts to look to international law rather than domestic law to determine jurisdiction over ATS claims against a particular class of defendant. [read post]
29 Sep 2010, 4:21 am by Russell Jackson
Alvarez-Machain, 542 U.S. 692 (2004) the sources of international law that a court must look to in determining customary international law. [read post]