ENVS 2256 Lecture Notes - Lecture 31: Alien Tort Statute, Arab Bank, Corporation Bank
16 May 2018
School
Department
Course
Professor
CAA!
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plain-reading of the statute!•
statutory construction -> ambiguous language!•
if you need a majority of people to agree and its controversial!◦
congressmen might want to word something to be favorable to greatest number of people!◦
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Purposivism -> method they used!
purposely ambiguous!•
all people have a different way of interpreting the statute!•
purposivism is a strategy for interpreting a statute -> trying to figure out Congress' intent in the •
statute!
if you are a justice with purposivism and you see ambiguoity, you will vote in favor of what ◦
Congress' intent was!
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Plain-Reading of Statute -> read words only as they are written on the page!
how they interpret language based on how its written!•
example: all ice cream shops must close by 10 pm!•
looking at verb "close"!◦
have to lock up by 10 pm!◦
you are completely closed and by 10 there is no more activity!◦
ambiguous statute!•
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Arab v. Jesner Bank!
deals with the Alien Tort statute, which was passed by Congress (federal statute)!•
US Code 1350!•
a lot of debate on how to read this!•
statute is purely about civil issues!•
The district courts shall have original jurisdiction of any civil action by an alien for a tort only, •
committed in violation of the law of nations or a treaty of the United States.
saying civil issues should be herd in district courts !•
by an "alien" -> not a US citizen!•
dealing with civil actions that non US citizens are comitting!•
for a "tort" only -> tort law (injury law)!•
"violation of law of nations"... -> if you slipped in Walmart, you can't sue under Alien and Tort!•
it isn't a violation of law of nations!◦
only has to do with global issues, piracy, terrorism!◦
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in Arab v Jesner -> Jordanian bank, called arab bank!•
had NYC location, the bank approved of a financial transaction that financed terrorist ◦
attack!
victims wanted to sue jordanian bank under this statute!◦
presumably a violation of law of nations!◦
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doesn't say you can sue a corporation!•
bank is part of a corporation!◦
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