Academic

Skinner on Jurisdiction & Sosa v. Alvarez-Machain

By Lawrence Solum

Gwynne Skinner (Willamette University - College of Law) has posted Federal Jurisdiction Over U.S. Citizens' Claims for Violations of the Law of Nations in Light of Sosa (Georgia Journal of International and Comparative Law, Vol. 37, 2008) on SSRN.  Here is the 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 recongize such claims using their common law power when it enacted general federal question jurisdiction in 1875.

Full post as published by Legal Theory Blog on November 21, 2008 (boomark / email).