The US Supreme Court Affirms the Filartiga Paradigm

In 2004, for the first time in history, the United States SupremeCourt addressed the meaning and scope of the Alien Tort Statute(ATS) of 1789. Originally intended to provide redress for actsof piracy or offences against ambassadors, the Statute has beenused since the 1980 watershed case of Filartiga v. Peña-Iralato award damages in civil trials in the United States to foreignvictims of, inter alia, torture, summary execution and forceddisappearance. Opponents have claimed, among other things, thatuse of the ATS shows disregard for principles of internationalcomity; is inconsistent with principles governing the use ofuniversal jurisdiction; and results in an imperialist Americanprivatization of human rights. The author argues that the SupremeCourt's decision in Sosa v. Alvarez-Machain limits the ATS toa tool of complementary justice consistent with prevailing principlesof global accountability.     

论美国联邦最高法院宪法解释的创造性

美国联邦最高法院的宪法解释具有创造性,其主要表现在司法审查权、三重审查标准、选择性吸收理论、推翻先例和创造新的公民权利等五个方面。原旨主义和非原旨主义都会达至具有创造性的宪法解释,原旨主义具有天然的民主合法性,有时美国联邦最高法院会以原旨主义来掩饰它们具有创造性的宪法解释。宪法解释的创造性是一把双刃剑,有积极性的一面也有消极性的一面。美国联邦最高法院的宪法解释曾经也将永远具有创造性,只有如此它才能为宪法提供与时俱进的新意义。     

Privacy rights in the classroom: Peer grading Supreme Court judgment 2002

The United States Supreme Court ruled unanimously in the case of Owasso Independent School District v. Falvo that the practice of students grading each other's work and then calling out the marks does not violate the Family Education Rights and Privacy Act (FERPA) 1974. The Court reversed the decision of the U.S. Court of Appeals (10th Circuit). The judgment came in the case of a mother, Kristja Falvo, who objected to the practice of peer grading and recording in elementary schools. She felt that the practice was a violation of FERPA. Student grades, she argued, were an education record and should not be released to others in the class without a parent's permission. However, the Supreme Court ruled that such grades did not satisfy the definition of an 'education record' under FERPA. The judgment is significant. Teachers' organisations and bodies representing administrators welcomed the decision.     

Comment on the recent Grokster judgment by the US Supreme Court

The Supreme Court handed down its decision in MGM v Groksteron 27 June 2005, reversing the decision of the lower courtsand holding that peer-to-peer software services may be heldliable for inducing copyright infringement.