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

61 Pages Posted: 20 Nov 2008 Last revised: 27 Nov 2008

Gwynne Skinner

Willamette University - College of Law

Date Written: September 1, 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.

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

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: https://ssrn.com/abstract=1303052

Gwynne Skinner (Contact Author)

Willamette University - College of Law ( email )

245 Winter St. SE
Salem, OR 97301
United States

Paper statistics

Downloads
39
Abstract Views
387