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January 29, 2015
Posted by Tyler Giannini and Susan Farbstein
The Clinic and our partners filed an opening brief yesterday in the Second Circuit in an appeal in In re South African Apartheid Litigation. The case, which is being litigated under the Alien Tort Statute, seeks relief against IBM and Ford for assisting and supporting human rights violations committed in apartheid South Africa.
Back in August, the district court dismissed the case when the court denied Plaintiffs’ motion for leave to file an amended complaint against these two U.S. Defendants. The lower court reasoned that the claims did not sufficiently “touch and concern” the territory of the United States, as required by the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, which established a presumption against extraterritoriality in ATS cases.
On appeal, Plaintiffs contend that the lower court failed to undertake the necessary inquiry into the U.S. Defendants’ own conduct in the United States, and instead focused only on actions that took place in South Africa. The proposed amended complaint contains detailed new allegations about how, from the United States, both Defendant corporations aided and abetted the South African security forces and government to commit human rights violations over several decades. Defendants will file their opposition brief in the coming months.
Clinical students Ariel Nelson, J.D. ’15, Brian Klosterboer, J.D. ’16, and Peter Stavros, J.D. ’16, contributed research and drafting for the brief.
January 26, 2015
The following publication opportunity comes via Prof. Jure Vidmar, a former Visiting Fellow at HRP, and an editor of the Hague Yearbook of International Law:
The Hague Yearbook of International Law – Call for Papers
Deadline: 1 March 2015.
We welcome articles (8,000-20,000 words) and shorter commentaries (4,000-7,000 words) on any aspect of private or public international law, written in either English or French. All submissions will be peer-reviewed.
January 21, 2015
This is your friendly reminder from the Human Rights Program that there are several post-graduate fellowship opportunities with deadlines in February and March.
We strongly advise you to tap into the wisdom and generosity of Judy Murciano, Fellowships Director, who is available for advising now and throughout the year. She is, without a doubt, one of the best resources available at HLS.
A couple of pressing deadlines are worth noting: Materials for the University Traveling Fellowships (The Kennedy, Knox and Shelton Traveling Fellowships, as they are collectively known, and the Australian Graduate Research Fellowships) must be submitted to Judy, by hard copy, the week of Feb. 2, so that she can write nominating letters by Feb. 13. The fellowships support a full academic year of research or study abroad for Harvard graduate/doctoral students or 2015 graduates of one of Harvard’s professional schools.
Applications for the Ford Foundation’s Post-Graduate Fellowship in Public Interest Law are due to OPIA by February 9. The fellowship funds one year of full-time work at a Ford Foundation grantee organization beginning in fall 2015. Only 3Ls, clerks, and JD alumni presently on 1 year fellowships may apply. Strong preference will be given to 3Ls.
The application for the Public Service Venture Fund is due March 2 for work in the public interest at either a non-profit or government agency. Strong preference for 3Ls, but clerks and LLMs may apply. All materials must be submitted online.
HRP also offers two post-graduate fellowships—the Henigson and the Satter—both of which have deadlines in early March. To find out more about those fellowships, please join us on Jan. 30 for an informational session at noon in WCC 4059.
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