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Lech-Lecha • Oct. 27, 2017 • 7 Cheshvan 5778 • Luach page 21 • Torah columns pages 20–21 • Vol 16, No 40 • TheJewishStar.com
P’stinian terror on docket of US Supreme Court
Noach’s delights: The colors of fall
First graders at Shulamith School for Girls got close to some of the animals Noach brought into his tayva, at Green Meadows Farm in Queens. They enjoyed hay rides, pony rides, milking the cows and feeding the goats. Each girl also picked a pumpkin to take home. See Noach’s kid-rainbows on p. 10.
the other Israeli litigants who have joined the suit say the 1789 Alien Tort Statute allows them to sue the bank for facilitating terrorist attacks between 1995 and 2005. That argument, rejected by lower courts, reached the Supreme Court in part because it addresses a divide between the court’s conservative and liberal justices over the modern application of a law initiated by events of 1784. That’s when the top French diplomat in the country at the time, a nobleman named François BarbéMarbois, allegedly was assaulted by an adventurer named Charles Julian de Longchamps. A disagreement arose as to whether Longchamps was to be tried in Pennsylvania or France. The French government was not happy that Barbé-Marbois lacked the means of civil redress. A Pennsylvania court sentenced Longchamps to two years in prison, and the controversy is believed to have led to the passage of the Alien Tort Statute, allowing a U.S. court to consider lawsuits between non-U.S. parties if the issues “touch and concern” the United States. Congress appeared eager to show that the baby nation was ready, as the statute put it, to consider tort, or civil wrongs, “committed in violation of the law of nations or a treaty of the United States.” The statute lay dormant for nearly two centuries, but was revived in the 1980s when human rights advocates used it to sue Latin American torturers on behalf of their victims, also Latin Americans. On Oct. 11, the high court’s liberal justices seemed sensitive to arguments advanced by the human rights community, as well as an array of former counterterrorism officials, that the United States should continue to play a robust role in policing human rights abuses wherever they occur. The conservative justices worried about judicial overreach, in this case into matters best left to the foreign policies of the administration of the day. In oral arguments, both concerns kept circling back to the 1784 encounter in Philadelphia. Conservatives wondered whether the writers of the 1789 law would have considered corporations like the Arab Bank as individuals. “I mean, we passed this statute to avoid foreign entanglements because we wanted to provide a forum for someone like the French ambassador in the Longchamps affair,” Chief Justice John Roberts said to Jeffrey Fisher, the attorney appearing on behalf of the plaintiffs, “but I’m wondering if extending it to corporate liability is, in fact, going to have the same problematic result of increasing our entanglements, See Terror on docket on page 5
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OU lobbies for a free lunch Manhattan Day School students stand behind Orthodox Union Executive Vice President Allen Fagin during a City Hall rally. They asked Mayor deBlasio to include Jewish and Muslim students in the city’s “Free Lunch for All” program, which does not yet offer kosher and halal options. See page 9.
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By Ron Kampeas, JTA WASHINGTON — The case of Joseph Jesner v. Arab Bank is a bid by about 6,000 Israelis who were harmed by Palestinian terrorism to get redress from Jordan’s Arab Bank, which delivered money to the groups that carried out the acts. Yet when the U.S. Supreme Court heard arguments in the case on Oct. 11, the event most often cited was a fistfight between a French official and a French adventurer in Philadelphia in 1784. The Jesner case is an important test of corporate liability abroad for acts of terror. Lawyers for Jesner, the father of a 19-year-old man murdered in a Tel Aviv bus bombing in 2002, and
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