Abstract

http://ssrn.com/abstract=2486817
 


 



Off the Track or Just Down the Line? From Erie Railroad to Global Governance


Jeremy Rabkin


George Mason University School of Law

August 25, 2014

Journal of Law, Economics and Policy, Vol. 10, No. 1, pp. 251-299, 2013
George Mason Law & Economics Research Paper No. 14-35

Abstract:     
Prior to the Supreme Court’s 2012 Kiobel ruling, federal courts had, for three decades, agreed to hear human rights claims by foreign nationals, concerning abuses by foreign governments in their own territories. Some of the same commentators who applauded these cases also endorsed judicial rulings closing American courts to claims against foreign governments for expropriation of property – even when the property was in the United States or owned by Americans. Court rulings on the “federal common law of foreign relations” have zig-zagged since the 1930s. That confusion reflects the displacement of basic principles of common law ordering, which earlier generations identified with natural law. Erie v. Tompkins gave great momentum to that distorting impulse in modern jurisprudence.

Number of Pages in PDF File: 50

Keywords: deference, executive, extraterritorial, choice of law, federal court jurisdiction, Filártiga v. Peña–Irala, foreign relations law, general common law, global constitutional law, international human rights, international relations, natural law, Sosa v. Alvarez–Machain, transnational public law

JEL Classification: K33

Accepted Paper Series





Download This Paper

Date posted: August 26, 2014  

Suggested Citation

Rabkin, Jeremy, Off the Track or Just Down the Line? From Erie Railroad to Global Governance (August 25, 2014). Journal of Law, Economics and Policy, Vol. 10, No. 1, pp. 251-299, 2013; George Mason Law & Economics Research Paper No. 14-35. Available at SSRN: http://ssrn.com/abstract=2486817

Contact Information

Jeremy Rabkin (Contact Author)
George Mason University School of Law ( email )
3301 Fairfax Dr
Arlington, VA 22201
United States
Feedback to SSRN


Paper statistics
Abstract Views: 90
Downloads: 24

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.328 seconds