Litigation
826 Articles
The Original Meaning of the Alien Tort Statute
At oral argument in Jesner v. Arab Bank, Supreme Court Justice Neil Gorsuch raised a theory about the about the original meaning of the Alien Tort Statute (ATS), a provision of…
Jesner v Arab Bank Symposium: The Virtually Unanswerable Argument from General Principles
In their briefs and oral arguments before the Supreme Court earlier this month, counsel in Jesner v. Arab Bank met some astronomical expectations. But questioning from Justices…
Corporate Liability and Crimes against Humanity
Ed. Note: This article is the latest in our series on the U.S. Supreme Court case Jesner v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
Indefensible: Why Guantánamo defense lawyers can’t ethically participate any longer
On Friday, Guantánamo death penalty lawyer Richard Kammen announced in a press release that: Brig. Gen. John Baker, the Chief Defense Counsel for the Military Commissions Defense…
Oral Argument in Jesner v. Arab Bank: Gimme Two Steps?
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
Oral Arguments in Jesner v. Arab Bank: Supreme Court May Favor Two Steps to Corporate Liability for Human Rights Violations
Ed. note. This article is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
Jesner v. Arab Bank: U.S. Foreign Policy and National Security Interests
Editor’s note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether…
Terrorist Financing: A Backgrounder
Ed. note. This post is the latest in our series on the U.S. Supreme Court case Jesner. v. Arab Bank, a case that is slated to resolve the question of whether corporations can…
The Rome Treaty Has Nothing to Do with Jesner v. Arab Bank
Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications for everything from human rights to terrorism…
Three Quick Observations on the U.S. Citizen ISIL Detainee
1. Like Bobby Chesney, I fully expected that “John Doe”–the U.S. citizen who the military currently is detaining in Iraq–would be “en route to the…
Jesner v. Arab Bank: Closing the Door to Human Rights in Federal Court?
Ed. note. This post is the latest in our series on the upcoming U.S. Supreme Court case Jesner. v. Arab Bank, a case with implications for everything from human rights to terrorism…
International Legal Personality of Corporations: How Investment Law Answers the Supreme Court Question in Jesner
In Jesner v. Arab Bank, the US Supreme Court must decide a single question: can corporations violate international law? Answering this question first requires identifying the extent…