journal of international law, summer 2012 bluebook packet

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Cite Checking Packet

Summer 2012


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Welcome, Candidates! Below you will find the Santa Clara Journal of International Laws

Summer 2012 Bluebook Packet. TheBluebookin more official terms is the The Bluebook: A

Uniform System of Citation. If you do not own aBluebook, they are available to purchase at the

Campus Bookstore and at the Heafey Law Library. You will need to use theBluebookto 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 withBluebookcitation format. In this packet, you may

find errors in the text body, footnotes, or both. Remember, international citations have their own

Bluebookrules! 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 properBluebook

style.

Completed this packet must be submitted by the due date below via e-mail to

[email protected]. 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!


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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 MALPRACTICETHEGOOD, THEBAD, ANDTHEUGLY, 36 UROLOGIC CLINICSOF NORTH AMERICA 101, AT 106 (2009).

4. Arthur J. Gemmell, WESTERNAND 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 RESEARCHER131,(February 2003).

7. Id. (citingHenry 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: ARELAWSUITSOUTOFCONTROL?, 6 CQ RESEARCHER131,

above atnote 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 hissupervisors for negligently allowing toxic soda dust into the warehouse, resulting in chemical

burns to his eyes and throat.).

15. JENNIFERK. ROBBENNOLT,Apologies and legal settlement: an empirical examination, 102

MICH. L. REV. 460, 485-86 (2003)

Please continue on the next page.


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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.

1 U.N. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, 18 April

1988, 1465 UNTS. 85.

2Id. at Art.14 1.

3See 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...").

4SeeFilartiga, 630 F.2d 876 (1980).

journal of international law, summer 2012 bluebook packet

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