2208 research outputs found
Sort by
Correcting an Evident Error: A Plea to Revise Jesner v. Arab Bank, PLC
Get PDFIn Jesner v. Arab Bank, PLC, the Supreme Court held that foreign corporations are not subject to lawsuits under the Alien Tort Statute (“ATS”). Written by Justice Kennedy, the highly fractured opinion offered several reasons for its holding. Although commentators have already criticized various aspects of Justice Kennedy’s opinion, one point has not received meaningful consideration and merits correction. In his plurality opinion, Justice Kennedy attached significance to the placement of the Torture Victim Protection Act (“TVPA”) as a statutory note to the ATS in the U.S. Code. In so doing, he disregarded longstanding practice and black letter law that the placement of a statutory note in the U.S. Code by the Office of Law Revision Counsel (“OLRC”) does not have any substantive impact on the law’s meaning, interpretation, or application. This error merits correction by the Court for several reasons. Although it undoubtedly influenced Justice Kennedy’s interpretation of the ATS, its implications extend beyond this case. It will affect future ATS and TVPA cases. It also creates uncertainty over the status of the countless statutory notes that populate the federal code. And, it raises constitutional concerns by attaching legal significance to OLRC’s placement decisions
Veterinary Lien Laws: Hypocrisy in a Healing Profession
Get PDFThis Article discusses the problem of veterinary lien laws that treat companion animals as inanimate objects, in a modern society that often views pets as members of the family. Historically, pets, like automobiles, were subject to possessory liens. If an automobile owner couldn\u27t pay the repair bill, the mechanic could keep possession of the car or sell the car to recoup costs. Veterinary lien laws treat companion animals in a similar fashion. If the owner cannot not pay the veterinary bill in full, the veterinarian is often permitted to keep possession of the companion animal until the bill is paid. Typically, after some designated time-limit expires, the companion animal is deemed abandoned and the veterinarian may sell or euthanize the animal. This Article highlights the hypocrisy of the veterinary industry that benefits from owners treating pets like family while simultaneously treating pets as mere property by using veterinary lien laws to assert liens against these owners
¿En Qué Te Puedo Ayudar?† When is a Crime Victim Helpful? Using California’s Immigrant Victims of Crime Equity Act (Senate Bill 674) to Define the U Visa’s Helpfulness Requirement
No full text
