Alien Tort Statute
Corporate Liability and the ATS: Arab Bank Appeal Continues to Define Kiobel Legacy
Sarah Freuden, Alex Zerden Wed, Dec 16, 2015, 3:08 PM
At a time of heightened concern over a new wave of terrorism financing
Latest in Extraterritoriality
Foreign Sovereign Immunities Act
Foreign Relations and National Security Cases in the Supreme Court’s October Term 2015
Ingrid (Wuerth) Brunk Wed, Oct 21, 2015, 4:26 PM
How does the Supreme Court’s October Term 2015 look so far with respect to foreign relations and national security cases? The Court does not have any clear blockbusters like OT 2014’s Zivotofsky v. Kerry. Nevertheless, four potentially significant cases are already on the Court’s docket and cert petitions have been filed in a handful of others.
Foreign Sovereign Immunities Act
Supreme Court Oral Argument in OBB Personenverkehr v. Sachs, a Foreign Sovereign Immunities Act Case
Ingrid (Wuerth) Brunk Tue, Oct 6, 2015, 11:11 AM
The Supreme Court heard argument yesterday in OBB Personenverkehr v. Sachs. The case was brought by Carol Sachs, a California woman seriously injured while boarding a train in Austria. She sued the railway, OBB Personenverkehr, which is owned by the Republic of Austria.
Book Reviews
"International Law in the U.S. Legal System, 2nd Edition," by Curtis A. Bradley
Book Review Editor Mon, May 4, 2015, 1:40 PM
Published by Oxford UP (Paperback 2015)
Reviewed by Kenneth Anderson
Guantanamo: Legislation
The Meaningful Legal Differences Between Stateside and Guantánamo Detention
Steve Vladeck Thu, Feb 5, 2015, 3:30 PM
Gabor's post from this morning, which is styled as a response to Ben's thoughtful analysis of what it will take to close Guantánamo (while ignoring some of the other responses), concludes that the only meaningful way to "close" Guantánamo is for President Obama "to either release all detainees or try them in our time-tested federal courts," at least largely because moving the detainees into the United States wouldn
Civil Liberties and Constitutional Rights
Confusing the Issues in al Bahlul
Steve Vladeck Wed, Oct 1, 2014, 10:11 PM
For the two people still following the exchange between me and Peter Margulies over the bottom-side briefing in the al Bahlul D.C.
Civil Liberties and Constitutional Rights
Why Article III Matters: A Reply to Peter Margulies on al Bahlul
Steve Vladeck Tue, Sep 30, 2014, 10:23 PM
I must confess that I don't fully understand Peter Margulies' response to my post from earlier today. My post argued that the bottom-side briefing in the D.C.
Civil Liberties and Constitutional Rights
Article III and the Bottom-Side Briefing in al Bahlul
Steve Vladeck Tue, Sep 30, 2014, 12:02 PM
Jane already flagged the merits brief filed by the U.S. government on September 17 in al Bahlul v. United States, the major challenge to the power of the Guantánamo military commissions to try non-international war crimes that was remanded by the en banc D.C.
Civil Liberties and Constitutional Rights
Article III and the al Bahlul Remand: The New, New NIMJ Amicus Brief
Steve Vladeck Mon, Aug 18, 2014, 12:59 PM
On July 14, the en banc D.C. Circuit ruled in al Bahlul v. United States that "plain error" review applied to Bahlul's ex post facto challenge to his military commission convictions for conspiracy, material support, and solicitation--and then upheld the first of those charges under such deferential review (while throwing out the latter two).
Interrogation
Pre-Abu Khattala: Yunis, That 1987 Shipboard Terrorist Interrogation Case
Jane Chong Tue, Jul 1, 2014, 10:00 AM
Ahmed Abu Khattala is not the first person to be whisked onto a ship in the Middle East by U.S. forces, interrogated aboard, and then dropped in a U.S. court. There are some recent famous cases, of course, but there are also some older ones---one of which, in particular, may have precedential value for the coming litigation over Abu Khattala's capture and interrogation.