Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (33)
- Jurisdiction (13)
- Torts (11)
- Comparative and Foreign Law (6)
- Constitutional Law (6)
-
- Courts (5)
- Jurisprudence (5)
- Transnational Law (5)
- Business Organizations Law (4)
- Criminal Law (4)
- Business (3)
- Business Law, Public Responsibility, and Ethics (3)
- International Humanitarian Law (3)
- Legislation (3)
- Litigation (3)
- Judges (2)
- Military, War, and Peace (2)
- National Security Law (2)
- Supreme Court of the United States (2)
- Administrative Law (1)
- American Politics (1)
- Banking and Finance Law (1)
- Civil Law (1)
- Civil Procedure (1)
- Civil Rights and Discrimination (1)
- Comparative Politics (1)
- Conflict of Laws (1)
- Criminal Procedure (1)
- Institution
-
- University of Michigan Law School (6)
- Maurer School of Law: Indiana University (5)
- American University Washington College of Law (4)
- Selected Works (4)
- University of Georgia School of Law (3)
-
- University of Maryland Francis King Carey School of Law (3)
- University of Miami Law School (3)
- Northwestern Pritzker School of Law (2)
- SelectedWorks (2)
- Valparaiso University (2)
- Vanderbilt University Law School (2)
- BLR (1)
- Georgetown University Law Center (1)
- Golden Gate University School of Law (1)
- New York Law School (1)
- Notre Dame Law School (1)
- Pace University (1)
- Pepperdine University (1)
- Sacred Heart University (1)
- The University of Akron (1)
- University of Pittsburgh School of Law (1)
- University of San Diego (1)
- William & Mary Law School (1)
- Publication Year
- Publication
-
- Articles by Maurer Faculty (3)
- Georgia Journal of International & Comparative Law (3)
- Maryland Journal of International Law (3)
- Michigan Journal of International Law (3)
- Articles in Law Reviews & Other Academic Journals (2)
-
- Human Rights Brief (2)
- Law Faculty Publications (2)
- Akron Law Review (1)
- Anthony J. Bellia (1)
- Articles (1)
- D. A. Jeremy Telman (1)
- David Satnarine (1)
- Donald J. Kochan (1)
- ExpressO (1)
- Faculty Working Papers (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Indiana Journal of Global Legal Studies (1)
- Indiana Law Journal (1)
- Journal Articles (1)
- Michigan Law Review (1)
- Michigan Law Review First Impressions (1)
- Michigan Telecommunications & Technology Law Review (1)
- NYLS Law Review (1)
- New England Journal of Entrepreneurship (1)
- Northwestern Journal of International Law & Business (1)
- Pace International Law Review (1)
- Paul L Regan (1)
- Pepperdine Law Review (1)
- Peter J Honigsberg (1)
- Publications (1)
- Publication Type
- File Type
Articles 1 - 30 of 48
Full-Text Articles in Human Rights Law
What Remains Of The Alien Tort Statute After Nestlé Usa, Inc. V. Doe?, Clara Petch
What Remains Of The Alien Tort Statute After Nestlé Usa, Inc. V. Doe?, Clara Petch
Northwestern Journal of International Law & Business
Abstract
The Alien Tort Statute (ATS), which provides U.S. courts with jurisdiction over violations of the law of nations, has been a crucial mechanism for obtaining redress for international human rights abuses. However, over the past four decades, the Supreme Court has continually chipped away at the jurisdictional reach of the statute. Most recently, in June 2021, the Supreme Court addressed the scope of the ATS in two consolidated cases: Nestlé USA, Inc. v. Doe and Cargill, Inc. v. Doe. Plaintiffs were former trafficked and enslaved children forced to work on cocoa farms in Ivory Coast under grueling conditions. Plaintiffs …
Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, Megan M. Coppa
Doe V. Nestle, S.A.: Chocolate And The Prohibition On Child Slavery, Megan M. Coppa
Pace International Law Review
West Africa is presently home to approximately 1.5 million acres of cocoa farmland, which subsequently produces 70% of the world’s current chocolate supply. Côte d’Ivoire, also known as the Ivory Coast, is one of the largest cocoa producing countries within West Africa.
The increase of farmland and the need to control the deteriorating conditions have always created a demand for farm workers. Regrettably, more than 1.5 million cocoa farm workers in West Africa are currently children. These child workers are exposed to hazardous dust, flames, smoke, and chemicals, are required to utilize dangerous tools that they are not properly trained …
Jesner V. Arab Bank, Rebecca Hamilton
Jesner V. Arab Bank, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
The exclusion of transnational human rights litigation from U.S. federal courts is, for most practical purposes, now complete. On April 24, 2018, the U.S. Supreme Court delivered a 5–4 ruling in Jesner v. Arab Bank, deciding that foreign corporations cannot be sued under the Alien Tort Statute (ATS).
The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably
The Transformation Of Human Rights Litigation: The Alien Tort Statute, The Anti-Terrorism Act, And Jasta, Stephen J. Schnably
University of Miami International and Comparative Law Review
A quarter century ago, the prospects for federal civil litigation of international human rights violations under the Alien Tort Statute (ATS) seemed bright. With the statute’s modern revival, a decade earlier in Filártiga, foreign nationals, often with no recourse in their own countries, had a forum for judicial vindication of a broad range of wrongs by state officials, multinational corporations, and even, in limited circumstances, foreign states themselves. The Supreme Court’s Kiobel decision in 2013, however, may signal the end of the Filártiga revolution, with Congress’s seeming acquiescence: Congress, after all, could amend the ATS if it disagreed with …
Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman
Adrift In The Sea: The Impact Of The Business Supply Chain Transparency On Trafficking And Slavery Act Of 2015 On Forced Labor In The Thai Fishing Industry, Katharine Fischman
Indiana Journal of Global Legal Studies
Hundreds of thousands of men and boys are trafficked and enslaved on long-haul fishing boats in the waters off the coast of Thailand. These captives endure physical and mental abuse, inhumane working conditions, meager sustenance, and little sleep as they are forced to catch fish used in products such as cat food. This Note will focus on whether a proposed Act-the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 (BSCT)-would impact the issue of forced labor linked to the seafood industry in Thailand, and particularly the portion of the industry that supplies fish used in American brand …
Negotiating The Terms Of Corporate Human Rights Liability Under Federal Law, R. George Wright
Negotiating The Terms Of Corporate Human Rights Liability Under Federal Law, R. George Wright
San Diego Law Review
This Article first addresses, by way of example, questions of mens rea, or required mental states, through the basic purposes and relevant assumptions underlying general tort and criminal law. Whichever approach the law adopts, with or without negotiation, toward corporate aiding and abetting liability in human-rights-oriented torts cases should at least be generally compatible with these basic purposes and assumptions. Next, this Article addresses several possible approaches to the mens rea issues before adopting a model of negotiation or bargaining bounded by general moral constraints.
Secondly, this Article discusses a number of issues associated with the Alien Tort Statute ATS …
Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey
Ebola, Experimental Medicine, Economics, And Ethics: An Evaluation Of International Disease Outbreak Law, Sara L. Dominey
Georgia Journal of International & Comparative Law
No abstract provided.
Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia
Re-Examining Customary International Law And The Federal Courts: An Introduction, Anthony J. Bellia
Anthony J. Bellia
Legal scholars have debated intensely the role of customary international law in the American federal system. The debate involves serious questions surrounding the United States's constitutional structure, foreign relations, and human rights. Despite an impressive body of scholarship, the debate has stood at an impasse in recent years, without either side garnering a consensus. This symposium–Re-examining Customary International Law and the Federal Courts–aspires to help advance the debate over the status of customary international law in the federal courts.
The symposium received thoughtful and constructive contributions from Professors Curtis A. Bradley, Bradford R. Clark, Andrew Kent, Carlos M. Vizquez, and …
Applying Domestic Statutes To Foreign Conduct: How Much Does Kiobel Touch And Concern The Presumption Against Extraterritorial Application, Jessica Neer Mcdonald
Applying Domestic Statutes To Foreign Conduct: How Much Does Kiobel Touch And Concern The Presumption Against Extraterritorial Application, Jessica Neer Mcdonald
University of Miami Inter-American Law Review
This paper examines a tumultuous history of applying United States law to foreign conduct in United States federal courts and the impact of recent Supreme Court decisions in this area. Despite its inconsistent application, the presumption against extraterritorial application may bridle Article III courts’ authority of applying domestic law to foreign conduct. Notably, a complicated test of displacing the presumption has emerged from the recent Supreme Court case of Kiobel v. Royal Dutch Petroleum Co., which concerned foreign conduct under the Alien Tort Statute (“ATS”). The test states the presumption is overcome if the foreign conduct “touches and concerns” …
Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser
Terra Firma As Open Seas: Interpreting Kiobel In The Failed State Context, Drew F. Waldbeser
Indiana Law Journal
This Note will ultimately argue that, despite the expansive language in Kiobel, the Court’s reasoning does not necessarily foreclose all “foreign-cubed” claims. Suits alleging human rights violations originating from conduct that took place in failed states avoid the concerns the Court emphasized in Kiobel. The Court should allow jurisdiction for human rights offenses in failed states, despite their “foreign-cubed” nature, because the already existing rationale for allowing jurisdiction for international piracy offenses is highly analogous.
Part I of this Note explores the ATS jurisprudence leading up to and including Kiobel. Besides exploring the tensions and policy interests courts are grappling …
To Touch And Concern The United States With Sufficient Force: How American Due Process And Choice Of Law Cases Inform The Reach Of The Alien Tort Statute After Kiobel, Karima Tawfik
Michigan Journal of International Law
This Note explores the post-Kiobel ATS cases and argues that the Fourth Circuit’s approach to considering claims that manifest a close connection to the United States as potentially entitling the plaintiff to relief under the ATS is preferable to approaches that categorically bar claims when the alleged conduct has occurred abroad. Part I describes the Kiobel decision in more depth and the subsequent ATS case law to outline the contours of recent circuit cases. Part II demonstrates how domestic personal jurisdiction and choice of law principles weigh in favor of a more expansive reading of the ATS, as adopted …
Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman
Extraterritorial Application Of The Alien Tort Statute After Kiobel, Ranon Altman
University of Miami Business Law Review
This article explores when corporations can be held liable under the Alien Tort Statute for human rights abuses that are committed outside of the United States. The Alien Tort Statute grants the United States district courts jurisdiction for torts committed against foreigners in violation of the law of nations. While the Alien Tort Statute concerns international law, it does not indicate whether the district courts have jurisdiction over disputes that involve conduct outside of the United States.
In this article, I focus my analysis on the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co. That case …
The Tortureres: Evaluating The Senate Select Intelligence Committee’S Torture Report And Assessing The Legal Liability Of “Company Y” In The Cia’S Post 9-11 Interrogation And Detention Program Under The Alien Tort Statute, David Satnarine
David Satnarine
The U.S. national security apparatus after September 11, 2001 engendered an emphasis of new forms of intelligence gathering. The U.S. Central Intelligence Agency, the United States and its agents sought to collect as much information as possible to prevent another attack on the homeland, and to bring to justice those responsible for the heinous acts of September 11, 2001. Through the use of private actors, corporate shells, and contractors, the United States employed a host of professional interrogators in its war on terror. Some of these private actors, through their corporate shells later become known as the architects of the …
Sosa V. Alvarez-Machain And The Alien Tort Statute: How Wide Has The Door To Human Rights Litigation Been Left Open?, Carolyn A. D'Amore
Sosa V. Alvarez-Machain And The Alien Tort Statute: How Wide Has The Door To Human Rights Litigation Been Left Open?, Carolyn A. D'Amore
Akron Law Review
This Note will explore the Alien Tort Statute from its origin in 1789 to the present interpretation of the Sosa Court. Part II will focus on the Framers’ language and intent, discuss the long lull in the use of the ATS and the impact of Erie R. Co. v. Tompkins, and examine a line of cases that reawakened the ATS in the 1980s. Part III explores the elements of the Court’s decision in Sosa v. Alvarez-Machain: the facts that gave rise to an ATS claim, the plurality’s denial of jurisdiction, its dicta regarding potential application of the ATS, and Justice …
The Three C'S Of Jurisdiction Over Human Rights Claims In U.S. Courts, Chimène I. Keitner
The Three C'S Of Jurisdiction Over Human Rights Claims In U.S. Courts, Chimène I. Keitner
Michigan Law Review First Impressions
The legal aftermath of the Holocaust continues to unfold in U.S. courts. Most recently, the Seventh Circuit dismissed claims against the Hungarian national railway and Hungarian national bank for World War II-era crimes against Hungarian Jews on the grounds that the plaintiffs had not exhausted available local remedies in Hungary or provided a “legally compelling” reason for not doing so. More broadly, heated debates about the role of U.S. courts in enforcing international human rights law have not abated since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum Co., which restricted but did not eliminate federal …
Filartiga V. Pena-Irala After Ten Years: Major Breakthrough Or Legal Oddity?, Karen E. Holt
Filartiga V. Pena-Irala After Ten Years: Major Breakthrough Or Legal Oddity?, Karen E. Holt
Georgia Journal of International & Comparative Law
No abstract provided.
The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge
The State Secrets Privilege And Corporate Complicity In Extraordinary Rendition, Lucien J. Dhooge
Georgia Journal of International & Comparative Law
No abstract provided.
The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co., Paula Alexander Becker
The Alien Tort Statute Of 1789 And International Human Rights Violations: Kiobel V. Royal Dutch Petroleum Co., Paula Alexander Becker
New England Journal of Entrepreneurship
Kiobel v. Royal Dutch Petroleum Co. involves an action under the Alien Tort Statute (ATS). The case was brought in the United States, Southern District of New York, by the widow of Dr. Barinem Kiobel, a Nigerian activist and member of the Ogoni tribe, and others for human rights violations committed in the Niger River Delta. Defendants include Royal Dutch Petroleum, Shell Transport and Trading Co., and Shell Petroleum Development Company of Nigeria. Although the human rights violations including murder and torture were allegedly committed by the Nigerian military government, it is claimed that the Royal Dutch Petroleum defendants aided …
Kiobel's Broader Significance: Implications For International Legal Theory, Austen L. Parrish
Kiobel's Broader Significance: Implications For International Legal Theory, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt
Kiobel And The Multiple Futures Of Corporate Liability For Human Rights Violations, Ralph G. Steinhardt
Maryland Journal of International Law
No abstract provided.
Extraterritoriality And Human Rights After Kiobel, Beth Stephens
Extraterritoriality And Human Rights After Kiobel, Beth Stephens
Maryland Journal of International Law
No abstract provided.
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terror", Craig Martin
Maryland Journal of International Law
No abstract provided.
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Kiobel, Unilateralism, And The Retreat From Extraterritoriality, Austen L. Parrish
Articles by Maurer Faculty
No abstract provided.
The Supreme Court And The Alien Tort Statute: Kiobel V. Royal Dutch Petroleum Co., Ingrid W. Brunk
The Supreme Court And The Alien Tort Statute: Kiobel V. Royal Dutch Petroleum Co., Ingrid W. Brunk
Vanderbilt Law School Faculty Publications
Alien Tort Statute litigation has generated a growing number of questions about the the scope of statute, but in Kiobel v. Royal Dutch Petroleum Co. the Supreme Court finally answered one of them: the presumption against extraterritoriality applies to the statute. Going forward, courts may apply a robust version of the presumption, effectively ending ATS litigation as we currently know it. Or, they may not. The Court’s citations to Morrison v. Nat’l Austl. Bank Ltd. suggest the former; some language in the various opinions suggests the latter. This article explores these uncertainties and also discusses additional factors that may be …
Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson
Kiobel V. Royal Dutch Petroleum: The Alien Tort Statute's Jurisdictional Universalism In Retreat, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
Kiobel v. Royal Dutch Petroleum (Shell), a long-running Alien Tort Statute (ATS) case brought by Nigerian plaintiffs alleging aiding and abetting liability against various multinational oil companies for human rights violations of the Nigerian government in the 1990s, including a non-US Shell corporation, first came before the US Supreme Court in the 2011-2012 term, following a sweeping Second Circuit holding that there was no "liability for corporations" under the ATS. In oral argument, however, several Justices asked a different question from corporate liability: noting that the case involved foreign plaintiffs, foreign defendants, and conduct taking place entirely on foreign sovereign …
A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis
A New Paradigm For The Alien Tort Statute Under Extraterritoriality And The Universality Principle, Jason Jarvis
Pepperdine Law Review
No abstract provided.
Human Rights Compliance And Accountability For U.S. Multinational Enterprises: A Principled Step Forward After Sosa And Kiobel, Paul Regan
Paul L Regan
This article proposes a Congressional statutory solution to resolve when a multinational corporation can be liable under the Alien Tort Statute on a claim for human rights abuses arising from a corporation’s overseas business operations. Under this proposal a U.S. multinational would be directly liable for human rights violations of its overseas subsidiary where it (1) failed to ensure that its overseas subsidiary had in place a reasonably effective and functioning human rights compliance system or (2) acquired knowledge of ongoing human rights violations by its overseas subsidiary and failed to take meaningful corrective measures in a timely way.
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
A Tort Statute, With Aliens And Pirates, Eugene Kontorovich
Faculty Working Papers
The pirates of the Caribbean are back. Not in another fantastical film but in the litigation over the reach of the Alien Tort Statute (ATS). For the first time since they dealt with the legal issues raised by a wave of maritime predation in the Caribbean in the early nineteenth century, Supreme Court justices are seriously discussing piracy. This crime has emerged as the test case for evaluating the major controversies about the reach of the statute -- namely, extraterritorial application and the existence of corporate liability. At oral argument in Kiobel v. Royal Dutch Shell, justices of all persuasions …
Remarks On The Gjil Symposium On Corporate Responsibility And The Alien Tort Statute, Vivian Grosswald Curran
Remarks On The Gjil Symposium On Corporate Responsibility And The Alien Tort Statute, Vivian Grosswald Curran
Articles
The following essay is a summary of remarks I delivered at the symposium on corporate responsibility and the Alien Tort Statute held at Georgetown Law School after the first Kiobel v. Royal Dutch Petroleum Co. Supreme Court oral argument. My remarks addressed the importance of considering foreign national law when judging the meaning of universal civil jurisdiction, and, implicitly, the inextricability of domestic from international law matters.
In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg
In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg
Peter J Honigsberg
The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).
This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …