Panel Discussion Presented by the Federalist Society International Law and National Security Practice Group and the Orange County Lawyers Chapter
The
Supreme Court has asked for expanded briefs and reargument in the Kiobel vs. Royal Dutch Petroleum
case. At issue is the right to sue in U.S. courts for human rights
abuses — including torture — carried out in other countries under the
1789 Alien Tort Statute (28 U.S.C. § 1350). This case has implications for corporations, including multi-national firms,
as well as for political organizations, that are accused of violating
the rights of individuals under international or U.S. law. Also,
potentially at issue is whether a party that is being sued can be challenged not
for directly engaging in human rights abuses, but for “aiding and abetting” someone else who did so.
When: Thursday, June 21, 11:30 a.m. (registration), 11:45 am (lunch). The discussion will start promptly at 11:45am and continue to 1:15pm to cover discussion and Q and A.
Where: Second Floor Knobbe Conference Center, 2040 Main Street, Irvine, CA 92614 (949) 760-0404
Parking: Please park in the parking structure near the 2040 building and bring your ticket to lunch for validation. Click here for directions.
Cost: $35 for lunch and 1 hour of MCLE credit. (The Federalist Society is a California State Bar approved provider of MCLE)
RSVP and Pay: To RSVP and pay by credit card, click the Buy Now button on the right. To pay by cash or check at the door, please send the RSVP to Joseph W. Haney III at jhaney@haney-law.com and indicate the RSVP is for the June 21 Kiobel lunch. Make checks payable to “The Federalist Society”.
Panelists:
Anton Metlitsky is counsel in
O’Melveny’s New York office and a member of the Appellate Practice. He
works on appellate and complex litigation matters. Anton has drafted
trial and appellate briefs, both civil and criminal,
on subjects including federal constitutional law, federal criminal law,
federal jurisdiction and procedure, administrative law, international
and foreign affairs law, antitrust, trademark, and federal
preemption. Anton has also presented oral argument in the
U.S. Court of Appeals for the District of Columbia Circuit. Anton was a law clerk to the Honorable John G. Roberts Jr., US Supreme Court and Honorable Merrick Garland, US Court of Appeals, District of Columbia Circuit and is admitted to practice in the US Court of Appeals, Second, Seventh, Ninth, and District of Columbia Circuits.
Publications: “Indirect Purchaser Standing In Federal Court:
Take 2” (co-authors Ken O'Rourke and Mark Davies), Law360 (October 12,
2009); Note, “How Clear is Clear in Chevron’s Step One?” 118 Harv. L.
Rev. 1687 (2005)
Litigated: Sarei et al v. Rio Tinto Plc et al (defended Rio Tinto) and Doe VIII v. Exxon Mobile Corporation
Donald Kochan is Associate Professor of Law at
Chapman University School of Law. Immediately before coming to Chapman
in 2004 he was an Olin Research Fellow and Instructor in Law at the
University of Virginia School of Law for the 2003-2004
academic year. During 2002-2003, he was a Visiting Assistant Professor
of Law at George Mason University School of Law where he taught courses
in Property and Environmental Law; and, during the summer of 2007, he
was a visiting Professor at the University
of Houston Law Center. Professor Kochan received his Juris Doctor from
Cornell Law School (1998), where he was a John M. Olin Scholar in Law
and Economics and managing editor of the Cornell International Law
Journal. He also served as editor and executive
editor of the Harvard Journal of Law and Public Policy symposium
issues in 1997 and 1998. He received his B.A. from Western Michigan
University (1995), with majors in political science and philosophy.
After graduating from law school, ProfeThursday, June 21ssor Kochan was a
law clerk to The Honorable Richard F. Suhrheinrich of the United States
Court of Appeals for the Sixth Circuit. Following his clerkship,
Professor Kochan was an associate with the firm of Crowell and Moring
LLP in Washington, D.C., where he specialized in Natural
Resources and Environmental Law.
Publications: "No Longer Little Known But Now a Door Ajar:
An Overview of the Evolving and Dangerous Role of the Alien Tort
Statute in Human Rights and International Law Jurisprudence", "Constitutional Structure as a Limitation on the Scope of the Law of Nations in the Alien Tort Claims Act", and "Legal Mechanization of Corporate Social Responsibility Through Alien Tort Statute Litigation"
Michael J. Bazyler is Professor
of Law and The "1939" Club Law Scholar in Holocaust and Human Rights
Studies at Chapman University School of Law in Orange, California. He is
also a research fellow
at the Holocaust Education Trust in London; and the holder of previous
fellowships at Harvard Law School and the United States Holocaust
Memorial Museum in Washington, D.C. In Fall 2006, he was a Research
Fellow at Yad Vashem in Jerusalem (The Holocaust Martyrs’
and Heroes’ Remembrance Authority of Israel) and the holder of the Baron Friedrich Carl von Oppenheim Chair for the Study of Racism, Antisemitism and the Holocaust. Bazyler is the author of over a dozen law review articles on
subjects covering public international law, international human rights
law, international trade law and comparative law. His work has been
published in such journals
as The University of Pennsylvania Law Review, Kansas Law Review,
Arizona Law Review, Northwestern Law Review, University of Richmond Law
Review, Stanford Journal of International Law, Berkeley Journal of
International Law, Columbia Journal of Transnational
Law, and Fordham Journal of International Law. After twenty-five years of teaching at
Whittier Law School, Bazyler joined the Chapman law faculty in Fall,
2008. Over his 27-year law teaching career, Bazyler has been a visiting
professor,
including a distinguished visiting professor, at various law schools in
the United States, Australia, Russia, Belarus, and Israel. He teaches
Comparative Law, Public International Law, International Human Rights
Law, International Business Litigation, International
Business Transactions, Criminal Law, Torts, Civil Procedure and a
course he created entitled The Holocaust, Genocide and the Law.
Publication in Law.com: "Hold corporations accountable" - Nuremberg-era jurisprudence offers a compelling precedent for imposing
sanctions on companies for human rights violations, as in the 'Kiobel'
case before the high court.
