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Andy Wang

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Alien Tort Statute

Jesner v. Arab Bank: The Supreme Court Should Not Miss the Opportunity to Clarify the “Touch and Concern” Test

John Bellinger, Andy Wang   Tue, Oct 10, 2017, 8:12 AM

In Kiobel v. Royal Dutch Petroleum, the Supreme Court held that the Alien Tort Statute (ATS) is presumed not to apply to conduct on the territory of another country unless the plaintiff’s claims “touch and concern” the United States with sufficient force to overcome that presumption. For the last four years, plaintiffs, defendants and courts have struggled to define the contours of the Supreme Court’s cryptic “touch and concern” standard.

Alien Tort Statute

The Alien Tort Statute and the Morrison “Focus” Test: Still Disagreement After RJR Nabisco

John Bellinger, Andy Wang   Tue, Feb 21, 2017, 1:02 PM

As Lawfare readers know, ever since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, lower courts have split over how to apply the majority’s cryptic holding that the Alien Tort Statute is presumed not to apply to conduct on the territory of another country, unless the plaintiff’s claims “touch and concern” the United States with sufficient force to overcome that presumption.

Terrorism Trials: Military Commissions

Event with GTMO Chief Prosecutor Next Tuesday at Harvard Law

Andy Wang   Fri, Apr 10, 2015, 3:02 PM

Perhaps of interest to Lawfare readers in the Boston area: Next Tuesday, the Harvard National Security & Law Association (NSLA) will host Brigadier General Mark Martins, the chief prosecutor for military commissions and lead trial counsel in the prosecution of Khalid Sheikh Mohammed and four other accused perpetrators of the attacks of September 11, 2001, for a dinner event.

Martins will outline major provisions of the Military Commissions Act of 2009 and also address continuing concerns about delay and other challenges to the reformed system's legitimacy.

Terrorism Trials: Civilian Court

Yesterday in U.S. v. Tsarnaev: Prosecution Witnesses

Jodie Liu, Andy Wang   Thu, Mar 5, 2015, 3:00 PM

With opening statements made, prosecutors in the capital case against Dzhokhar Tsarnaev commenced their presentation of evidence.  An overview of the day’s testimony---which spanned some of the morning and all of the afternoon---follows below.

Morning Session

Taking the witness stand first was Thomas Grilk, Executive Director of the Boston Athletic Association, which organizes the Boston Marathon each year. Prosecutor William Weinreb started his examination slowly, gradually teasing out the mechanics and magnitude of the Boston Marathon.

Terrorism Trials: Civilian Court

The First Circuit's Mandamus Ruling in U.S. v. Tsarnaev

Andy Wang   Tue, Mar 3, 2015, 4:45 PM

A couple of weeks ago I recapped the Tsarnaev mandamus oral argument. And on Friday, the First Circuit panel that heard the arguments---composed of Chief Judge Sandra Lynch, and Judges Juan Torruella and Jeffrey Howard---released a lengthy, 2-1 split opinion denying Tsarnaev’s second bid for a writ of mandamus seeking an order requiring the prosecution to be transferred to another district.