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University of Central Florida

HIM 1990-2015

2014

Alien tort; Ats; Human rights; Human rights law; International law; Kiobel; Law; Supreme court

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Alien Tort Statute: A Discussion And Analysis Of The History, Evolution, And Future, Shane Yodlowski May 2014

Alien Tort Statute: A Discussion And Analysis Of The History, Evolution, And Future, Shane Yodlowski

HIM 1990-2015

The Alien Tort Statute is a short, thirty-two word section of the United States Code enacted in 1789 as part of the Judiciary Act. The Alien Tort Statute, or ATS, has an uncertain and controversial beginning and remains controversial in current jurisprudence. The ATS reads as follows: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States." It is my intent for this thesis to be an academic discussion of the mysterious history, intent, and court cases …