Monday, November 24, 2008
Professor Gwynne Skinner recently published Federal Jurisdiction Over U.S. Citizens' Claims for Violations of the Law of Nations in Light of Sosa. Click the article title to download it. This abstract follows:
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.