Search: Syria Insta-Symposium

24 Jan Does the Presumption against Extraterritoriality Apply to the ATS or the Underlying Federal Common Law Claims?

...of outrageous error or intential mistatement! At least the dissent pointed out how the majority completely misunderstood (or intentionally mistated) the early ATS cases as well as piracy. Shocking, incompetent, and perhaps result-oriented judicial out-of-control activism! Daniel Professor Alford, I seem to recall that this topic was discussed vigorously in the comments to the OJ Insta-Symposium. One of the thoughts that came up at that time was a distinction between two ways an international norm becomes part of common law. One is the traditional English view that customary international law...