M
Michael Dreeben
1
APPEARANCES
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Apr 28, 2026
Cisco Systems, Inc. v. Doe I
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38:27Michael DreebenGUEST
... recognized causes of action for, um, for torture and, um, extrajudicial killings.
M
38:38Michael DreebenGUEST
Um, so I'm not sure which question you're, you're, you're, you're talking about the first mode of analysis or the second mode of analysis.
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38:45Michael DreebenGUEST
But if you were going to rule out recognizing any additional norms, I, I think you would just be sort of grandfathering the original three and potentially, um, other things that the first Congress would have recognized.
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38:56Michael DreebenGUEST
You would be saying that the door isn't open to recognizing what we would decide today under modern international law or analogous in some way.
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39:05Michael DreebenGUEST
Um, the second mode of analysis that w- that, that we're talking about under Sosa step two is the one that the Court employed in both Kiobel and in Jesner.
27 MINS LATER