Cite Checking Packet Summer 2012

Welcome, Candidates! Below you will find the Santa Clara Journal of International Laws Summer 2012 Bluebook Packet. The Bluebook in more official terms is the The Bluebook: A Uniform System of Citation. If you do not own a Bluebook, they are available to purchase at the Campus Bookstore and at the Heafey Law Library. You will need to use the Bluebook to complete the following tasks. The main goal of this exercise for all candidates is to test your ability to take incorrect citations and correct them so they conform with Bluebook citation format. In this packet, you may find errors in the text body, footnotes, or both. Remember, international citations have their own Bluebook rules! You do not have to check citations for substantive accuracy (i.e., whether the cited material actually supports the attributed proposition) nor should you seek extrinsic authority. For the purposes of grading, please correct only what is necessary to conform to the proper Bluebook style. Completed this packet must be submitted by the due date below via e-mail to marcwiesner@gmail.com. In the email, include your: 1. Name 2. Your 11-digit Student ID number (the number on your Student Access ID card) Your packets will be modified to include only your ID numbers when they are sent to the graders. DO NOT INCLUDE YOUR NAME OR OTHER IDENTIFING INFORMATION IN THE PACKET. All work is expected to be done by the applicant. Lastly, please submit your document in a .doc format. This packet is due on Monday, June 11, 2012 by 11:59 p.m. Good Luck!

Please evaluate and correct the following: 1. Ben Batros and Philippa Webb, Accountability for Torture Abroad and the Limits of the Act of State Doctrine, 8 Journal of International Criminal Justice 1153, 2010. 2. In re Iraq and Afghanistan Detainees Litigation., 479 F.Supp. 2d 85, 114 (D. D.C. 2007). 3. KEVIN R. LOUGHLIN , MEDICAL MALPRACTICE THE GOOD, THE BAD, AND THE UGLY , 36 UROLOGIC CLINICS OF NORTH AMERICA 101, AT 106 (2009). 4. Arthur J. Gemmell, WESTERN AND CHINESE ARBITRATION THE ARBITRAL CHAIN, page 17 (University Press of America 2008) (quoting Moncharsh v. Heily & Blas, 3 Cal. 4th 1, 10 (1992)). 5. Beth Stephens and Michael Ratner, INTERNATIONAL HUMAN RIGHTS LITIGATION IN U.S. COURTS, 122 (2008). 6. Jost, Kenneth, MEDICAL MALPRACTICE: ARE LAWSUITS OUT OF CONTROL?, 6 CQ RESEARCHER 131, (February 2003). 7. Id. (citing Henry P. de Vries, International Commercial Arbitration: a Contractual Substitute for National Courts, 57 Tulane Law Review 42, 47 (1982)). 8. U.S. CONST. Article VI., 2. 9. Jost, Kenneth, MEDICAL MALPRACTICE: ARE LAWSUITS OUT OF CONTROL?, 6 CQ RESEARCHER 131, above at note 6, at 140. 10. GEMMELL, supra note 4, at 45. 11. Bradley, Goldsmith, & Moore, supra note 128 at 896. 12. Parker v childrens hospital of philadelphia, 483 Pa. 106 (1978). 13. National Oil Corporation v. Libyan Sun Oil Co., 733 F. Supp. 800 (D. Delaware 1990). 14. Westfall v. Erwin, 484 U.S. 292 (1988) (Where a federal employee filed a tort suit against his supervisors for negligently allowing toxic soda dust into the warehouse, resulting in chemical burns to his eyes and throat.). 15. JENNIFER K. ROBBENNOLT, Apologies and legal settlement: an empirical examination, 102 MICH. L. REV. 460, 485-86 (2003)

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In this exercise, there may be errors in both the text and the citations. Be aware that not every citation and sentence will be incorrect. Assume for the purpose of this exercise that every citation, if not otherwise noted by a short-cite, is being cited for the first time. Passage Under the Convention Against Torture (CAT),1 nations have an obligation to take measures to prevent torture around the world. Article Fourteen of the CAT states Each State Party shall insure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible.2 Further, the second clause makes clear that Nothing in this article shall affect any right of the victim or other persons to compensation which may exist under national law. Taken together, the two clauses of Article 14 indicate that domestic legislation, such as the ATS, should be construed to provide compensation for torture.3 In addition, the CAT further underlines the egregious nature of torture, and the need for adequate redress. The ATS provides this opportunity for compensation for torture.4 Thus, a reading of the Westfall Acts statutory exception language should give difference to the role the ATS plays in upholding US obligations under international agreements.

U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 18 April 1988, 1465 UNTS. 85.
2

Id. at Art.14 1.

See Murray v. Schooner Charming Betsy, 6 U.S. (2 Cranch) 64 (1804) (It has also been observed that an act of Congress ought never to be construed to violate the law of nations if any other possible construction remains...").
4

See Filartiga, 630 F.2d 876 (1980).