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Universal Jurisdiction, the Alien Tort Statute, and Transnational Public-Law Litigation after Kiobel

https://doi.org/10.2139/ssrn.2409838
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22/22 checkable references clean · checked 2026-08-28

Every reference with a DOI in the deposited reference list resolved to a known work in Crossref or DataCite at the dated check, and none carried a retraction, withdrawal, or removal notice.

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The 22 checked references that resolve
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Doña Maria Francisca O’Reilly de Camara, Countess of Buena Vista, v. John R. Brooke, Major General, U. S. A.
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VISCOELASTIC (Also see Nos. 24, 28, 39) EXPERIMENTATION DATA REDUCTION (Also see Nos. 21, 56, 83) DIAGNOSTICS (Also see No. 77) EQUIPMENT
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OTHER SENTENCES****See note to Appendix I
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Organization of Research
The 74 references without a DOI — listed, not checked
no DOI — not checkedBut see Morris, supra note 59, at 361 (asking "whether in practice, a regime of universal jurisdiction will do more good or more harm overall
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no DOI — not checkedArticle III's alienage jurisdiction extends to "Controversies . . . between a State, or the Citizens thereof, and foreign States, Citizens or Subjects
no DOI — not checkedThe Door Is Still Ajar" For Human Rights Litigation
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no DOI — not checked); see also Chase, supra note 396, at 284 (observing that "the American dispute process . . . is exceptional even when measured against its siblings in the common law family"). 402. Brief of the Governments of the K. of the Netherlands and the U.K. of Great Britain and N. Ireland as Amici Curiae in Support of Neither Party at 24, Kiobel v. Royal Dutch Petroleum Co
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no DOI — not checkedEnding Class Actions As We Know Them: Rethinking the American Class Action, 64 EMORY L
no DOI — not checkedRule": Assuring the Lion His Share
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no DOI — not checkedstatute frames the issue of U.S. courts' application of international law so starkly
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no DOI — not checkedTowards an International Judicial System, 56 STAN
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no DOI — not checkedHow to Influence States: Socialization and International Human Rights Law, 54 DUKE L
no DOI — not checkedOne may expect, for instance, an international version of the debate in American constitutional law over the legitimacy of the "passive virtues"-that is, doctrines by which courts avoid taking jurisdiction over disputes likely to damage their legitimacy
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no DOI — not checked74 (noting the Washington administration's insistence on neutral rights during the conflict between
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no DOI — not checkedB]ecause of the costly and time-consuming nature of international criminal justice, where national courts have failed to act, the ICC can only investigate or prosecute a small fraction of the perpetrators
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no DOI — not checkedJudiciary Rising: Constitutional Change in the United Kingdom, 108 NW. U. L. REV. 543 (2014) (arguing that the British judiciary is likely to become more powerful generally vis-�-vis the government based on its acquisition of responsibility to enforce the rules of devolved power in the U.K.). 486
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no DOI — not checkedThe Legitimacy of International Human Rights Review: The Case of the European Court of Human Rights
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no DOI — not checkedHopelessly Hollow History: Revisionist Devaluing of Brown v. Board of Education, 80 VA
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no DOI — not checkedThe Case for FDA Preemption
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no DOI — not checkedThe Ordinary Diet of the Law": The Presumption Against Preemption in the Roberts Court
no DOI — not checked1854 (observing that the legislative process is "notoriously dominated by committees, strongwilled individuals, collective action problems, and private rent-seeking" and suggesting that Congress should more appropriately play a reactive role by incorporating norms of CIL in federal statutes after they have evolved through judicial recognition); see also Jonathan Serrie
no DOI — not checkedSee generally D'Oench, Duhme & Co. v. FDIC, 315
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no DOI — not checkedfashioning a federal-common-law right of contribution in suits under � 10(b) of the Securities Exchange Act of 1934 and Securities and Exchange Commission Rule 10b-5). 529. Wuerth
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no DOI — not checked534 Nor is the business community's "nightmare scenario" likely to come to pass: no large damages awards have been rendered against corporate defendants; settlements have been relatively modest; and massive class actions remain largely on the horizon. Likewise, the federal courts' efforts to narrow the ATS, including the Supreme Court's decision in Kiobel, are unlikely to usher in a new era of expanded impunity. The courts' limits have limits, and other avenues-including the TVPA and state litigationremain. It is, perhaps, time to step back and take a breath. 531. The U.S. Supreme Court Must Preserve the Alien Tort Statute for International Corporate Human Rights Cases
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