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Topic: Alien Tort Statute

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	Project DIANA : JOINT SUPPLEMENTAL BRIEF OF APPELLANTS IN RESPONSE TO STATEMENT OF INTEREST OF THE UNITED STATES
		Under Filartiga, "an alien may pursue an action under the Alien Tort Statute, even for transitory tort claims between individuals, when a federal court has personal jurisdiction and the claim involves a violation of universally recognized norms of international law, and hence 'the law of nations.'" Id. at 4.
		Moreover, defendant's acts are actionable under the Alien Tort Statute because they violate the Convention Against Torture, the Convention on the Prevention and Punishment of Genocide, and the Geneva Conventions, which, at a minimum, "are probative of the content of the law of nations." Id. at 16 n.9.[3]
		B. Scope of the Alien Tort Statute: At various points, the Government suggests that decisions regarding subject matter jurisdiction should be made by the district court on remand.
	www.yale.edu /lawweb/avalon/diana/karadzic/4298-13.html (2289 words)

	Alien Tort Statute: Facts and details from Encyclopedia Topic (Site not responding. Last check: 2007-10-26)
		The original jurisdiction of a court refers to matters on which the court rules directly, rather than on matters which are referred to it after being heard by another...
		In the common law, a tort is a civil wrong for which the law provides a remedy....
		The foreign sovereign immunities act (fsia) of 1976 is a statute under united states law that sets the limitations on how a foreign sovereign nation (or its...
	www.absoluteastronomy.com /encyclopedia/a/al/alien_tort_statute.htm (1111 words)

	Alien Tort Claims Act
		The Alien Tort Claims Act was adopted in 1789 as part of the original Judiciary Act.
		The New York statute was amended slightly in 1994 to allow the owner of a movie theatre to detain someone reasonably believed to be using a recording device.
		By using this analysis, we effectuate that intent and foreclose a revival of the abolished tort of alienation of affection asserted in the guise of an action for intentional infliction of emotional distress.
	cyber.law.harvard.edu /torts3y/readings/update-a-02.html (5594 words)

	The Alien Tort Statute, What will Sosa Bring?
		Although Unocal, the first multinational corporation to be sued under the Alien Tort Statute, settled the claims against it for close to $30 million, no claim against a multinational corporation has been successfully adjudicated and no judgment has been entered against any multinational corporation based upon a claim asserted under the Alien Tort Statute.
		In a nutshell, the statute was enacted to police sovereign obligations on the part of the United States prospectively to prevent, and retrospectively to provide damages for, injuries to the persons or property of aliens.
		In summary, Sosa says that the ATS provides for actions: (1) by an alien; (2) based in tort; and (3) in violation of a treaty of the United States or the law of nations, and the actionable violations of international law are extremely limited.
	www.rkmc.com /The-Alien-Tort-Statute-What-will-Sosa-Bring.htm (7723 words)

	FindLaw's Writ - Anthony Sebok
		Sebok describes the statute's penalties, considers the high-profile U.K. torts that may have prompted its passage, and contrasts the British and American tort and criminal justice systems with respect to the ways in which they each address corporate responsibility.
		Sebok explains why the relevant federal statute -- though constitutional as applied to 9/11 victims and their families -- might not be constitutional with respect to 9/11 recovery workers unless they, too, are covered by an extension of the VCF.
		He concludes that the Alien Tort Claims Act may provide a basis for suit, but that it is possible -- though the law is uncertain -- that a "government contractor defense" might apply.
	writ.news.findlaw.com /sebok (10394 words)

	Alberto Galvis Article
		Plaintiffs began using the obscure law—known as the Alien Tort Claims Act or the Alien Tort Statute—about 25 years ago to sue various generals, dictators and other individuals for human rights abuses committed in their home nations in violation of recognized international law.
		Defendants say the alien tort suits boil down to lame attempts by plaintiffs to squeeze dollars out of companies as surrogates for abusive governments that can’t be sued because of sovereign immunity.
		Interest had arisen within the ABA alien tort working group and elsewhere in asking Congress to settle the main question and legislate specific causes of action once and for all.
	www.sdshh.com /articles/galvis.html (4151 words)

	U.S. Chamber of Commerce - International
		The suit, which was filed by the activist's family, alleged among other things that the manufacture aided and abetted war crimes in violation of the law of nations.
		The district court held that Israeli tort law provided adequate remedies for the plaintiffs and that the Torture Victims Protection Act provides exclusive remedies for allegations of extrajudicial killing under color of foreign law.
		The plaintiffs in this action allege that under the Alien Torts Claim Act a U. company may be liable for human rights violations committed by a foreign country's military or government in connection with the U. company's overseas projects or investments.
	www.uschamber.com /nclc/caselist/issues/intl.htm (658 words)

	Alien Tort Claims Act of USA
		“The Alien Tort Claims Act (ACTA) was adopted in 1789 as part of the original Judiciary Act.
		As the result of increasing international concern with human rights issues, however, litigants have recently begun to seek redress more frequently under the ATCA [iii].
		The TVPA thus recognizes explicitly what was perhaps implicit in the Act of 1789 – that the law of nations is incorporated into the law of the United States and that a violation of the international law of human rights (at least with regard to torture) is ipso facto a violation of U.S. domestic law.
	www.sangam.org /JANAKA/ATCA.htm (971 words)

	The Center for Justice and Accountability \| Legal Resources
		The Alien Tort Statute (ATS), adopted in 1789, gives survivors of egregious human rights abuses, wherever committed, the right to sue persons responsible for the abuses in U.S. federal court.
		Since 1980, the law has been used successfully in cases involving torture (including rape), extrajudicial killing, crimes against humanity, war crimes, and arbitrary detention.
		The father and sister brought a claim against the inspector, and in 1980, the U.S. court in New York upheld their claims, opening the way for other claims using the Alien Tort Statute to be brought.
	www.cja.org /legalResources/legalResources.shtml (375 words)

	Legal Theory Blog
		Palmer, 22 N.E. In that case, the statute of wills would have allowed a murderer to inherit from his victim, but the New York Court of Appeals concluded that the statute should be given an equitable interpretation in light of the common law principle against wrong doers profiting from their wrongs.
		Alvarez Machain, the Supreme Court concluded that the Alien Tort Statute (ATS) is merely a jurisdictional statute, but also refused to stop the lower courts from allowing aliens to seek damages in federal court for certain international law violations.
		The tort system's major deficiency is its failure to subject providers to sufficient economic pressure to overcome these impediments.
	lsolum.blogspot.com /archives/2005_01_01_lsolum_archive.html (12153 words)

	C.V. (Site not responding. Last check: 2007-10-26)
		Taught two sessions for federal judges in March 2005: one on the Alien Tort Statute as part of the Fourth Circuit’s judicial workshop in Williamsburg, Virginia, and one on detention issues relating to the war on terrorism as part of a Duke Law School workshop for judges.
		Taught a two-day course for federal and state judges entitled, “Grotius, Vattel, and Modern International Law,” in conjunction with George Mason’s Law and Economics Center, in the fall of 2004.
		Panelist, “The Alien Tort Statute After Sosa v.
	www.law.duke.edu /fac/bradleyc/cv.html (2190 words)

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