Federal Jurisdiction Over U.S. Citizens' Claims for Violations of the Law of Nations in Light of Sosa

Skinner, Gwynne

Abstract

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Federal Jurisdiction Over U.S. Citizens' Claims for Violations of the Law of Nations in Light of Sosa

Gwynne Skinner

Willamette University - College of Law

September 1, 2008

Georgia Journal of International and Comparative Law, Vol. 37, p. 53, 2008

Abstract:
This article finds that general federal question jurisdiction provides federal courts with jurisdiction over U.S. citizens' claims for violations of the law of nations in light of the Court's analysis in Sosa v. Alvarez-Machain, because Congress implicitly authorized federal courts to recognize such claims using their common law power when it enacted general federal question jurisdiction in 1875.

Number of Pages in PDF File: 61

Keywords: Federal Jurisdiction, Human Rights, Law of Nations, 1331

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Date posted: November 20, 2008 ; Last revised: November 27, 2008

Suggested Citation

Skinner, Gwynne, Federal Jurisdiction Over U.S. Citizens' Claims for Violations of the Law of Nations in Light of Sosa (September 1, 2008). Georgia Journal of International and Comparative Law, Vol. 37, p. 53, 2008. Available at SSRN: http://ssrn.com/abstract=1303052

Contact Information

Gwynne Skinner (Contact Author)

Willamette University - College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States