Search for: "United States v. Alvarez-Machain"
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24 Apr 2018, 7:00 am
Alvarez-Machain, there can only be a cause of action under the ATS for conduct that violates "a norm that is specific, universal, and obligatory. [read post]
28 Feb 2018, 4:30 am
Alvarez-Machain, the Supreme Court repudiated the notion that the ATS was itself a cause of action. [read post]
19 Oct 2017, 4:41 am
These issues include whether and when US courts have jurisdiction to hear claims based on customary international law under the Alien Tort Statute (Filartiga and Sosa v Alvarez-Machain), the power of the President/executive to settle claims by US nationals and establish military commissions (Dames & Moore and Hamdan) and the application of immunity and act of state doctrines by US courts (Samantar and Sabbatino). [read post]
18 Oct 2017, 9:30 am
Alvarez-Machain, this position overlooks the distinct (and now largely forgotten) obligation of nations to redress harms inflicted by th [read post]
4 Oct 2017, 7:19 am
Alvarez-Machain, the court ruled that the ATS itself is only jurisdictional – that is, it merely gives courts the power to hear cases, but does not itself provide a cause of action. [read post]
27 Jul 2017, 11:24 am
Alvarez-Machain, the ATS is “only jurisdictional. [read post]
26 Jul 2017, 7:48 am
Alvarez-Machain, and again in 2013 in Kiobel v. [read post]
25 Jul 2017, 1:17 pm
That reach has included (up until Kiobel II) Chinese corporations and Russian oligarchs, irrespective of any contacts with the United States. [read post]
24 Jul 2017, 7:57 am
Alvarez-Machain, the court ruled that the ATS itself is only jurisdictional – that is, it merely gives courts the power to hear cases, but does not itself provide a cause of action. [read post]
16 Mar 2017, 7:42 pm
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]
21 Feb 2017, 10:02 am
Alvarez–Machain, “demonstrate that [other] factors are central to the analysis of an ATS claim. [read post]
30 Dec 2015, 1:44 pm
Why else would the Supreme Court direct us to Morrison precisely when it was discussing claims that allegedly “touch and concern” the United States? [read post]
16 Dec 2015, 12:08 pm
The ATS is an eighteenth century law that permits foreign plaintiffs to bring suit in federal court for torts “committed in violation of the law of nations or a treaty of the United States. [read post]
10 Nov 2015, 6:54 am
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]
29 Oct 2015, 4:26 am
Alvarez-Machain: (1) In ascertaining custom, federal courts have cited U.S. government sources far more frequently than those of all foreign states combined. [read post]
14 Oct 2015, 11:10 am
Alvarez Machain, federal courts are only authorized to recognize limited causes of action under the Alien Tort Statute, for violations of clearly defined, widely accepted human rights norms. [read post]
31 Aug 2015, 10:50 am
I’ve recently been blogging about my new article, The Inherent-Powers Corollary: Judicial Non-Delegation and Federal Common Law, which I’ve posted to SSRN. [read post]
20 Aug 2015, 11:17 am
United States. [read post]
25 Mar 2015, 4:12 am
Alvarez-Machain, the court concluded that the ATS did not confer jurisdiction over corporations. [read post]
26 Sep 2014, 2:06 pm
As the Supreme Court explained in Sosa v. [read post]
