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The Door Ajar: The Life Of The Alien Tort Statute Before And After Kiobel V. Royal Dutch Petroleum, Matthew K. Toyama
The Door Ajar: The Life Of The Alien Tort Statute Before And After Kiobel V. Royal Dutch Petroleum, Matthew K. Toyama
Matthew K. Toyama
Since the April 2013 Supreme Court decision of Kiobel v. Royal Dutch Petroleum, the future of international human rights litigation in U.S. federal courts flounders in a quagmire of complex precedent and wants a light in the darkness. This paper seeks to find the foundation of the relationship of the law of nations to at least one sovereign state, the United States, then investigates the life of a major liaison in this regard, the Alien Tort Statute, and explores the viability of the ATS as a channel for international human rights litigation moving forward. Consistent judicial opinion, contextual and textual …