Clashes have escalated on the Syria-Lebanon border, causing worries that Lebanon will be pulled further into the Syrian conflict. The French Parliament passed a bill legalizing same-sex marriage and extended the right to adopt children to same-sex couples as well, making France the 14th country in the world to do so. India is alleging that a Chinese platoon has entered its Ladakh...
[Beth Stephens is a Professor at Rutgers Law] As a late-arrival to this Insta-Symposium, I find that many of my thoughts about the Kiobel opinion have already been expressed. Corporate defendants won an important victory in Kiobel, at least for foreign corporations with no more than a “mere corporate presence” in the United States. I had not predicted that the justices...
In addition to the Ku/Yoo essay in Forbes, I'll just point out two more positive takes on Kiobel from FOBs (friends of the Blog). In Lawfare, John Bellinger expresses satisfaction with the Roberts opinion, and takes some credit for raising the presumption against extraterritoriality issue in government briefs during the Bush Administration and in the first round of Kiobel briefing. He...
Today at 4:00 p.m. EST, a hearing will take place in the US Senate entitled: Drone Wars: The Constitutional and Counterterrorism Implications of Targeted Killings; you can watch it on the webcast live. Lawfare has highlighted five ways to reform the targeted killing program ahead of today's hearing. A car bomb has exploded outside the French embassy in Tripoli. In an already tense diplomatic...
The Syrian opposition is reporting the slaughter of at least 80 people by government troops in a town south of Damascus. Human Rights Watch has accused authorities in Myanmar of conducting a campaign of ethnic cleansing against the Rohingya Muslim minority. Heavy fighting between the Nigerian military and the Boko Haram insurgents has cost almost 200 lives over the weekend. An Afghan girls' school may have been victim...
Our discussion of Kiobel has been fascinating, but it has been focused on the question of what exactly is left of the ATS in the future and what differences exist between the majority opinion and the various concurrences. In our contribution today to Forbes.com, John Yoo and I focus on Kiobel's significance in light of the history of ATS litigation. Building...
This week on Opinio Juris, it was hard to miss our insta-symposium on the Supreme Court's decision in Kiobel v. Royal Dutch Petroleum. Ken beat Julian to the punch to break the news and link to the opinions. The core part of Chief Justice Roberts' opinion for the Court, on the insufficiency of "mere corporate presence" to displace the presumption against extraterritoriality, can be found...
If you haven't been able to keep up with all of our posts on Wednesday's Kiobel decision, An has a great round-up post here. Don't forget that unsolicited submissions are still welcome for consideration. In other Kiobel news, ASIL has posted Curtis Bradley's Insight here (.pdf). A judge in the Guatemalan case against former president Efrain Rios Montt has suspended his genocide trial on procedural grounds. Following briefings on the bleak humanitarian...
In case you missed it, the US Supreme Court ruled on Kiobel v. Royal Dutch Petroleum affirming the Second Circuit Court of Appeals' dismissal. We have an insta-symposium (scroll down to related links to see all posts so far) going on with contributions from many prominent voices. As Roger noted yesterday, if you'd like to post on Kiobel, please contact us. SCOTUS Blog also...
[Anthony J. Colangelo is Associate Professor of Law at SMU Dedman School of Law.] I’ll start with a few brief points about why I believe Justice Breyer’s opinion provides a sounder approach and is more legally accurate than the Court’s opinion. Then I will critique the Court’s opinion and, in particular, its extension of a presumption against extraterritoriality to causes of action...
[Thomas H. Lee is the Leitner Family Professor of Law at Fordham Law School and a Visiting Professor of Law at Harvard Law School in 2012-13.] Based on my quick read through the opinions, it seems that it’s a win for corporations and a loss for international human rights groups seeking to use the US federal district courts to vindicate claims of...
One idea that Kiobel has put to rest (at least here in US courts) is the idea that the ATS could be fairly read as a grant of universal civil jurisdiction. On this theory, the ATS could be applied to overseas activities if the nature of the alleged action was so heinous as to rise to the level of a...
