2003-2004 Survey of International Law in the Second : Alien Tort Claims Act and Subject Matter Jurisdiction
Bibliographic record
Abstract
In Presbyterian Church of Sudan v. Talisman Energy, the District Court for the Southern District of New York held that there was subject matter jurisdiction under the Alien Tort Claims Act [hereinafter ATCA], and that the Court could assert personal jurisdiction over a foreign corporation under New York law. The Court treated Talisman Energy [hereinafter Talisman], a Canadian corporation, as a state actor for ATCA purposes and further found that Talisman's acts constituted jus cogens violations. This Court's ruling reaffirmed Second Circuit and international treaty precedent, which holds that corporations may be held liable for }us cogens violations under the ATCA. However, the District Court's ruling expanded the Court's subject matter jurisdiction under the ATCA. First, the Court reaffirmed that a corporation engaging in genocide need not act under color of state law in order to be subject to jus cogens violations under the ATCA. Secondly, the Court determined that even if a corporation were not acting directly under color of state law, demonstration of a "substantial degree of cooperation" between a corporation and a state is sufficient to treat the corporation as a state actor under the ATCA.
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame distilled prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.
Codex and Gemma teacher scores by category
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.001 | 0.000 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.000 |
| Bibliometrics | 0.000 | 0.000 |
| Science and technology studies | 0.000 | 0.000 |
| Scholarly communication | 0.000 | 0.001 |
| Open science | 0.000 | 0.000 |
| Research integrity | 0.000 | 0.000 |
| Insufficient payload (model declined to judge) | 0.000 | 0.000 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one teacher head, not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".