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Michael Dreeben

Apr 28, 2026

38:27
[coughs]
38:27
... recognized causes of action for, um, for torture and, um, extrajudicial killings.
38:34
Uh, but otherwise, I think you would be going through the Sosa two steps.
38:38
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.
38:45
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.
38:56
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.
39:05
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

66:20
'Cause I think that's what you're saying.

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