Policy as a One-Legged Stool: U.S. Actions Against Supply Chain Forced Labor Abuses
Chapter Five
Alien Tort Statute
The Supreme Court and the Pro-Business Paradox
Vol. 135 No. 1
Introduction Corporations have long posed conceptual difficulties in a variety of doctrinal contexts. From the first cases involving corporate claims for protection under the...
The “Prudential Exhaustion” Doctrine in Transnational Litigation in U.S. Courts
Vol. 134 No. 2
“As a moth is drawn to the light, so is a litigant drawn to the United States.” In 1983, when the British judge Lord...
Doe I v. Nestle, S.A.
Ninth Circuit Denies Rehearing En Banc of Case Permitting Domestic Corporate Liability Claim.
Vol. 133 No. 8
Jesner v. Arab Bank, PLC
Vol. 132 No. 1
The Alien Tort Statute (ATS) has been a creature on the run. Birthed under presumptions of general common law, it found itself in Erie’s...
Clarifying Kiobel’s “Touch and Concern” Test
Vol. 130 No. 7
The Alien Tort Statute (ATS) is a single sentence long. It’s a pithy statute, but for many years it served as a “lynchpin” of...
Al Shimari v. CACI Premier Technology, Inc.
Fourth Circuit Allows Alien Tort Statute Claim Against Abu Ghraib Contractor.
Vol. 128 No. 5
Balintulo v. Daimler AG
Second Circuit Holds that Kiobel Bars Common Law Suits Alleging Violations of Customary International Law Based Solely on Conduct Occurring Abroad.
Vol. 127 No. 5
Kiobel v. Royal Dutch Petroleum Co.
Vol. 127 No. 1
Abdullahi v. Pfizer, Inc.
Second Circuit Looks Beyond Complaint To Find State Action Requirement Satisfied.
Vol. 123 No. 3