9 research outputs found
A Tort Only in Violation of the Law of Nations
No full textThe fourth clause of Section 9 of the Judiciary Act of 1789 grants to the federal courts jurisdiction over a tort only in violation of the law of nations or a treaty of the United States. In the celebrated case of Filartiga v. Pena-Irala, the Second Circuit interpreted this clause as a grant of jurisdiction over any tort in violation of international law committed anywhere in the world. In reaching this conclusion, however, the court did not address the significance of the word only or the historical meaning of the word tort.
This Article delves into the history, law, treaties, and politics behind the clause to determine what was meant by the words tort only. The author determines that the word tort was used to identify wrongs under the branch of the law of nations known as the law of prize or under a treaty of the United States dealing with prize.
Under the law of prize, which applied when the United States was at war, all neutral merchant vessels were subject to visitation and search on the high seas by the war vessels of the United States and subject to capture if they appeared to be invested with an enemy character. The wrongs identified by the word tort were those committed by the captors against the captured in violation of the law of nations or a treaty of the United States. In either case, the violation gave the captured a right to sue American captors for reparation of the wrong in the courts of prize of the United States.
At the time the Judiciary Act was being drafted, the second clause in Section 9 gave the federal courts exclusive jurisdiction over all civil causes of admiralty. By the operation of war, these courts would be automatically vested with exclusive jurisdiction over all matters of prize. \u27Thus the federal courts would have exclusive jurisdiction to decide the legality of a capture and the validity of an incidental claim by an alien for reparation of a wrong committed during the capture. There was a question, however, whether a state court could retain jurisdiction over such a claim if the legality of the capture was not in issue.
The fourth clause in Section 9 was drafted to strike a political compromise. On the one hand, it allowed the common law courts of the several states to retain jurisdiction over a case involving only the wrong (tort) and its reparation by American captors. On the other hand, it allowed the federal courts to exercise concurrent jurisdiction with the state courts over such a case
A Tort Only in Violation of the Law of Nations
No full textThe fourth clause of Section 9 of the Judiciary Act of 1789 grants to the federal courts jurisdiction over a tort only in violation of the law of nations or a treaty of the United States. In the celebrated case of Filartiga v. Pena-Irala, the Second Circuit interpreted this clause as a grant of jurisdiction over any tort in violation of international law committed anywhere in the world. In reaching this conclusion, however, the court did not address the significance of the word only or the historical meaning of the word tort.
This Article delves into the history, law, treaties, and politics behind the clause to determine what was meant by the words tort only. The author determines that the word tort was used to identify wrongs under the branch of the law of nations known as the law of prize or under a treaty of the United States dealing with prize.
Under the law of prize, which applied when the United States was at war, all neutral merchant vessels were subject to visitation and search on the high seas by the war vessels of the United States and subject to capture if they appeared to be invested with an enemy character. The wrongs identified by the word tort were those committed by the captors against the captured in violation of the law of nations or a treaty of the United States. In either case, the violation gave the captured a right to sue American captors for reparation of the wrong in the courts of prize of the United States.
At the time the Judiciary Act was being drafted, the second clause in Section 9 gave the federal courts exclusive jurisdiction over all civil causes of admiralty. By the operation of war, these courts would be automatically vested with exclusive jurisdiction over all matters of prize. \u27Thus the federal courts would have exclusive jurisdiction to decide the legality of a capture and the validity of an incidental claim by an alien for reparation of a wrong committed during the capture. There was a question, however, whether a state court could retain jurisdiction over such a claim if the legality of the capture was not in issue.
The fourth clause in Section 9 was drafted to strike a political compromise. On the one hand, it allowed the common law courts of the several states to retain jurisdiction over a case involving only the wrong (tort) and its reparation by American captors. On the other hand, it allowed the federal courts to exercise concurrent jurisdiction with the state courts over such a case
Franz Joseph Haydn and the Five-Octave Classical Keyboard: Registral Extremes, Formal Emphases and Tonal Strategies
No full textThe Classical keyboard in its various forms (harpsichord, clavichord and fortepiano) typically had a modest five-octave range (FF–f3) prior to ca. 1800. This essay examines how this range influenced the tonal shape of Joseph Haydn's keyboard music written after 1765. The author explores how Haydn used registral extremes to emphasize major formal junctures, cadences and modulations. Finally, he explores how the presence or absence of the keyboard's extreme pitches contributes to key character, examining the different contexts in which Haydn uses them in three tonalities: D minor, C major and A major.Avant environ 1800, les différentes formes d’instruments à clavier classiques (clavecin, clavicorde et pianoforte) comportaient un modeste ambitus de cinq octaves (de deux octaves et demie sous le do central à fa deux octaves et demie au-dessus du do central). Le présent essai analyse comment cet ambitus influe sur le contour tonal de la musique pour clavier de Joseph Haydn, écrite après 1765. L’auteur démontre comment Haydn utilisait les extrémités du registre pour mettre en relief les principaux points de jonction formels, les cadences et les modulations importantes. Enfin, il signale comment la présence ou l’absence des hauteurs extrêmement graves ou aiguës du clavier contribue à accentuer le caractère de la tonalité. Pour ce faire, il étudie différents contextes dans lesquels Haydn les emploie : ré mineur, do majeur et la majeur
Music, Copyright, and Intellectual Property during the French Revolution: A Newly Discovered Letter from André-Ernest-Modeste Grétry
No full textBefore the French Revolution began in 1789, André-Ernest-Modeste Grétry composed opéra comique that achieved great success both in Paris and abroad. As the revolutionary tides swept toward republican musical aesthetics, the illustrious Grétry receded from the public eye and briefly struggled to remain afloat. A newly discovered letter that he wrote during this period to the famed Abbé Emmanuel-Joseph Sieyes offers a window into the effects that revolutionary legislation had on musicians. Sieyes, author of the seminal revolutionary text “What is the Third Estate?”, pioneered liberty of the press and authors’ rights legislation as a member of the French National Assembly and National Convention. His efforts were realized when the first intellectual property laws relating to music became codified in 1791 and 1793. In the 1790 letter, although Grétry praises Sieyes’ policy proposals, he also raises personal and professional injustices surrounding intellectual property rights to music. Grétry’s letter addresses his concerns about the translations of stage works from French to Italian, the unsanctioned performances of opéras and opéras comiques, and the general welfare of French musicians. While in his nineteenth-century memoirs Grétry recasts himself as a republican, this letter from early in the Revolution focuses on musicians’ more tangible concern to, in his own words, “place bread on the table.” The letter invites an interrogation of how musicians approached the new patronage structure in revolutionary France, which abruptly transferred from the court and church to the nation as a result of political upheaval. A valuable addition to scholarly understanding of Grétry’s participation in the Revolution, the letter simultaneously begs a rethinking of his contribution to revolutionary causes and a reevaluation of musicians’ professional activities during the French Revolution
The International Legal System--Cases and Materials by Noyes E. Leech, Covey T. Oliver, and Joseph Modeste Sweeney
No full textThe Legacy of Iconoclasm: religious war and the relic landscape of Tours, Blois and Vendôme, 1550-1750
No full textThis study explores the process of physically rebuilding, renewing and reinventing the relic landscape in the regions around Tours, Blois and Vendôme following the widespread iconoclastic damage of the French religious wars. The author takes a long-term perspective exploring developments over two hundred years, from the mid-sixteenth through to the mid-eighteenth centuries. The book explores what the physical renewal of the landscape can tell us about evolving beliefs and practices concerning relics during the Catholic Reformation and what reconstruction activities reveal about the meaning and experience of relic veneration. It pays particular attention to how the relic landscape evolved through relic translations and how communities that oversaw relic shrines remembered the iconoclastic acts of the religious wars through liturgical and ritual commemorations, memorials, artistic renderings, oral traditions and written accounts.Publisher PD
Education and Training in St.Lucia: A Partially Annotated Bibliography
No full textThis bibliography on “Education and Training in St. Lucia” has been specifically prepared for the UWI School of Continuing Studies’ St. Lucia Country Conference. An attempt has been made to be as comprehensive as possible, but because of the weak bibliographical coverage of the literature of the region, important items may have been omitted. This is especially true for policy documents emanating from official sources. It covers all aspects of education and training in St.Lucia including distance education, educational finance,health and family life education and educational reform
