Sosa, Customary International Law, and the Continuing Relevance of Erie

Ten years ago, the conventional wisdom among international law academics was that customary international law (CIL) had the status of self-executing federal common law to be applied by courts without any need for political branch authorization. This modern position came under attack by so-called revisionist critics who argued that CIL had the status of federal common law only in the relatively rare situations in which the Constitution or political branches authorized courts to treat it as such. Modern position proponents are now claiming that the Supreme Court\u27s 2004 decision in Sosa v. Alvarez-Machain confirms that CIL has the status of self-executing federal common law. As this Article explains, the decision in Sosa did not in fact embrace the modern position, and, indeed, is best read as rejecting it. Commentators who construe Sosa as embracing the modern position have confounded the automatic incorporation of CIL as domestic federal law in the absence of political branch authorization (i.e., the modern position) with the entirely different issue of whether and to what extent a particular statute, the Alien Tort Statute ( ATS ), authorizes courts to apply CIL as domestic federal law. The Article also explains how CIL continues to be relevant to domestic federal common law despite Sosa\u27s rejection of the modern position. The fundamental flaw of the modern position is that it ignores the justifications for, and limitations on, post-Erie federal common law. As the Article shows, however, there are a number of contexts in addition to the ATS in which it is appropriate for courts to develop federal common law by reference to CIL, including certain jurisdictional contexts not amenable to state regulation (namely admiralty and interstate disputes), and gap-filling and interpretation of foreign affairs statutes and treaties. The Article concludes by considering several areas of likely debate during the next decade concerning the domestic status of CIL: corporate aiding and abetting liability under the ATS; application of CIL to the war on terrorism; and the use of foreign and international materials in constitutional interpretation

Toxic Air Pollution: New Solutions to Old Problems

12 pages

Toxic Air Pollution: New Solutions to Old Problems

12 pages

Metal-only Lewis pairs between group 10 metals and Tl(I) or Ag(I): insights into the electronic consequences of Z-type ligand binding†

Complexes bearing electron rich transition metal centers, especially those displaying coordinative unsaturation, are well-suited to form reverse-dative σ-interactions with Lewis acids. Herein we demonstrate the generality of zerovalent, group 10 m-terphenyl isocyanide complexes to form reverse-dative σ-interactions to Tl(I) and Ag(I) centers. Structural and spectroscopic investigations of these metal-only Lewis pairs (MOLPs) has allowed insight into the electronic consequences of Lewis-acid ligation within the primary coordination sphere of a transition metal center. Treatment of the bis-isocyanide complex, Pt(CNArDipp2)2 (ArDipp2 = 2,6-(2,6-(i-Pr)2C6H3)2C6H3) with TlOTf (OTf = [O3SCF3]−) yields the Pt/Tl MOLP [TlPt(CNArDipp2)2]OTf (1). 1H NMR and IR spectroscopic studies on 1, and its Pd congener [TlPd(CNArDipp2)2]OTf (2), demonstrate that the M → Tl interaction is labile in solution. However, treatment of complexes 1 and 2 with Na[BArF4] (ArF = 3,5-(CF3)2C6H3) produces [TlPt(CNArDipp2)2]BArF4 (3) and [TlPd(CNArDipp2)2]BArF4 (4), in which Tl(I) binding is shown to be static by IR spectroscopy and, in the case of 3, 195Pt NMR spectroscopy as well. This result provides strong evidence that the M → Tl linkages can be attributed primarily to σ-donation from the group 10 metal to Tl, as loss of ionic stabilization of Tl by the triflate anion is compensated for by increasing the degree of M → Tl σ-donation. In addition, X-ray Absorption Near-Edge Spectroscopy (XANES) on the Pd/Tl and Ni/Tl MOLPs, [TlPd(CNArDipp2)2]OTf (2) and [TlNi(CNArMes2)3]OTf, respectively, is used to illustrate that the formation of a reverse-dative σ-interaction with Tl(I) does not alter the spectroscopic oxidation state of the group 10 metal. Also reported is the ability of M(CNArDipp2)2 (M = Pt, Pd) to form MOLPs with Ag(I), yielding the complexes [AgM(CNArDipp2)2]OTf (5, M = Pt; 6, M = Pd). As was determined for the Tl-containing MOLPs 1–4, it is shown that the spectroscopic oxidation states of the group 10 metal in 5 and 6 are essentially unchanged compared to the zerovalent precursors M(CNArDipp2)2. However, in the case of 5 and 6, the formation of a dative M → Ag σ-bonding interaction facilitates the binding of Lewis bases to the group 10 metal trans to Ag, illustrating the potential of acceptor fragments to open up new coordination sites on transition metal complexes without formal, two-electron oxidation

Isolation of cationic and neutral (allenylidene)(carbene) and bis(allenylidene)gold complexes.

The one-electron reduction of a cationic (allenylidene)[cyclic(alkyl) (amino)carbene]gold(i) complex leads to the corresponding neutral, paramagnetic, formally gold(0) complex. DFT calculations reveal that the spin density of this highly robust coinage metal complex is mainly located on the allenylidene fragment, with only 1.8 and 3.1% on the gold center and the CAAC ligand, respectively. In addition, the first homoleptic bis(allenylidene)gold(i) complex has been prepared and fully characterized

Methyl and t-butyl group rotation in a molecular solid: 1H NMR spin-lattice relaxation and X-ray diffraction

We report solid state 1H nuclear magnetic resonance spin-lattice relaxation experiments and X-ray diffractometry in 2-t-butyldimethylsilyloxy-6-bromonaphthalene. This compound offers an opportunity to simultaneously investigate, and differentiate between, the rotations of a t-butyl group [C(CH3)3] and its three constituent methyl groups (CH3) and, simultaneously, a pair of \u27lone\u27 methyl groups (attached to the Si atom). The solid state 1H relaxation experiments determine activation energies for these rotations. We review the models for the dynamics of both \u27lone\u27 methyl groups (ones whose rotation axes do not move on the NMR time scale) and models for the dynamics of the t-butyl group and its constituent methyl groups (whose rotation axes reorient on the NMR time scale as the t-butyl group rotates)

Methyl and t-butyl group rotation in a molecular solid: 1H NMR spin-lattice relaxation and X-ray diffraction

We report solid state 1H nuclear magnetic resonance spin-lattice relaxation experiments and X-ray diffractometry in 2-t-butyldimethylsilyloxy-6-bromonaphthalene. This compound offers an opportunity to simultaneously investigate, and differentiate between, the rotations of a t-butyl group [C(CH3)3] and its three constituent methyl groups (CH3) and, simultaneously, a pair of \u27lone\u27 methyl groups (attached to the Si atom). The solid state 1H relaxation experiments determine activation energies for these rotations. We review the models for the dynamics of both \u27lone\u27 methyl groups (ones whose rotation axes do not move on the NMR time scale) and models for the dynamics of the t-butyl group and its constituent methyl groups (whose rotation axes reorient on the NMR time scale as the t-butyl group rotates)