After Jesner: How the Supreme Court Blocked Victims of International Human Rights Violations from Re

Towards the end of April, with little of the public outcry that accompanied its June decisions, the Supreme Court effectively made foreign corporations invincible in U.S. courts for human rights abuses committed overseas. The case was Jesner v. Arab Bank. In suits filed between 2004 and 2010, thousands of plaintiffs alleged that Arab Bank, a Jordanian company, financed terrorist activities in the Middle East. For over ten years, they argued, the Bank’s New York office kept and distributed money that eventually went to terrorist-affiliated charities. Over 6,000 of these plaintiffs were foreign nationals who sued under a federal law known as the Alien Tort Statute (ATS). The ATS allows foreign

Leslie Teng: The Broad Scope of Public Safety

The 2001 Authorization for Use of Military Force Against Terrorists (AUMF) granted President George W. Bush expansive powers to wage a military campaign against enemy combatants without congressional debate; declaring war is constitutionally the prerogative of the legislative branch. President Barack Obama continued using the AUMF during his administration as well. The expansion of executive power has continued into 2018, where Mr. Trump has taken to executive orders to create immigration exclusions and to single-handedly implementing policy on the treatment of undocumented immigrant families. (Mr. Trump might insist that he is following Democratic legislation, but he is not; the policy stem

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