international law

| January 23, 2015

Memorandum Assignment

You are a law clerk for the U.S. District Court for the Middle District of Florida.  The court has just received a complaint in the case of Jara v. Barrientos.  The defendant, Barrientos, filed a motion to dismiss the case.  The judge in the case has asked you to write a 4 – 6 page (double-spaced) memorandum (essay) answering the following legal question:

Does the Supreme Court’s opinion in Kiobel v. Shell (2013) require the District Court to dismiss the Jara v. Barrientos case?

In other words, does the Kiobel decision block the plaintiffs’ (Jara) case against Barrientos.  To complete this assignment, follow these guidelines:

1.  As you read the material in the course, especially the Justice Across Borders textbook, you will develop an understanding of the legal basis of the Jara case.

2.  After reading Chapter 1 (and perhaps Chapter 2) in the Justice Across Borders textbook, read the Supreme Court’s opinion in Kiobel v. Shell (2013) including the concurrences.  It is attached below.  Note the ways in which Kiobel supports and contradicts the principles discussed in the first two chapters.

3.  Read the complaint in Jara v. Barrientos.  You may also read the other material on the Center for Justice and Accountability website.

4   As the course progresses, and your understanding of human rights law increases, continue developing the paper.

5.  Your paper should be a standard essay in which you answer the question above as efficiently as possible.   The answer to the question above is your thesis.  Follow this link for help writing an essay.

6.  You need not cite any sources beyond the cases and readings from this course, including the cases analyzed in the Justice Across Borders textbook (e.g. Filartiga v. Peña).

7.  To cite cases you need only include the case name in italics and the year of the decision, for example: Kiobel v. Shell (2013).  You may use any accepted citation method to cite other sources.

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