Human rights litigation under the Alien Tort Statute (ATS) has increased dramatically in the past few decades. Due to actions of a host of players around the world, this struggle for rights and remedies is dependent upon the rules of domestic court systems. Within U.S. civil litigation, two key lines of precedent affect human rights cases: the Supreme Court’s only sustained review of ATS subject-matter jurisdiction in Sosa and its introduction of the plausibility standard of pleading in Twombly-Iqbal. Considering courts’ initial applications of Twombly-Iqbal to motions to dismiss ATS cases, it becomes clear that courts do not consistently apply Sosa to questions of ATS jurisdiction. This confusion leads to two errors. First, courts do not always distinguish between motions challenging subject-matter jurisdiction and those challenging sufficiency of factual pleadings. Second, the conflation of these two types of motions leads some courts to improperly apply the standard of review of the latter (the Twombly-Iqbal plausibility standard) when hearing motions challenging the former (the Sosa standard for ATS subject-matter jurisdiction). The Note argues that courts should distinguish between types of motions and their attendant standards of review and properly apply each in their respective spheres. Based on both legal and policy analysis, the Note concludes that the appropriately limited application of the Twombly-Iqbal plausibility standard should not have major implications for human rights litigation under Sosa.
News & Events
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Volume 97 Lead Piece Profiled in New York Times
The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]
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Volume 98 Spring Submissions Closed
The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.
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Volume 98 Submissions Will Open Feb. 15
The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.
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Minnesota Law Review Announces Volume 98 Editorial Board
The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.
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Minnesota Law Review Announces 2013 Symposium Topic
The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.
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