Browse the archives

Browse the articles in this issue.

• ALIEN TORT CLAIMS ACT
  In international abduction case, U.S. Supreme Court holds (1) that the Federal Tort Claims Act’s exception to waiver of U. S. sovereign immunity for claims “arising in” foreign country bars claims based on injury suffered in Mexico regardless of where tortious act or omission occurred and (2) that Alien Tort Claims Act does not create alien’s right of action for false arrest in foreign nation
• HABEAS CORPUS
  In Rasul v. Bush, the U.S. Supreme Court rules that 28 U.S.C. Section 2241 confers jurisdiction on district court to hear petitioners’ habeas corpus challenges to legality of their indefinite incommunicado detentions at Guantanamo Bay Naval Base
• HABEAS CORPUS
  The Supreme Court also rules in Hamdi v. Rumsfeld that citizen-detainee seeking to challenge his classification as “enemy combatant” must receive notice of factual basis for this classification, and must obtain fair opportunity to rebut Government’s factual assertions before a neutral decisionmaker
• HABEAS CORPUS
  In Rumsfeld v. Padilla, Supreme Court decides that New York federal court lacked Habeas Corpus jurisdiction over petitioner’s immediate custodian, only proper forum for his habeas petition being South Carolina federal court in district where commanding officer of Naval brig is situated
• HUMANITARIAN LAW
  In Advisory Opinion requested by U.N. General Assembly, International Court of Justice concludes that Jewish settlements in occupied Palestinian territory are unlawful and that, despite Israel’s undoubted right of self-defense against terrorism, construction of wall on that occupied territory is violating customary international law and several conventions on human rights and humanitarian law to which Israel belongs
• TERRORISM
  Fourth Circuit affirms quashing of writs of attachment against Iran under newly enacted Terrorism Risk Insurance Act (TRIA) because plaintiffs had already accepted compensation under Victims Protection Act (VPA)
• WORLD TRADE ORGANIZATION
  WTO panel issues report on Argentina-U.S. anti-dumping dispute, finding that U.S. sunset review procedures for anti-dumping measures regarding oil country tubular goods are inconsistent with WTO rules