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
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: 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
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