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- European Union; Canada; United States; Alien Tort Statute; Nestlé v. Doe; forced labor; slavery; supply chain; corporate accountability; Bill C-262; contracts; American Bar Association; Model Contract Clauses; human rights due diligence; United Nations; UNGP’s; Guiding Principles of Businesses and Human Rights; corporate social responsibility; ESG compliance (1)
- Jurisdiction; Personal Jurisdiction; General Jurisdiction; Specific Jurisdiction; Diversity Jurisdiction; Subject Matter Jurisdiction; In Personam Jurisdiction; Doing Business Jurisdiction; Principal Place of Business; Nerve Center; Total Activities; Corporate Activities; Corporations; Continuous and Systematic; Systematic and Continuous; Relative Contacts; Exceptional Case; Essentially at Home; Locus of Operations; Federal Courts; Civil Procedure; Forum Shopping (1)
Articles 1 - 2 of 2
Full-Text Articles in Law
Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken
Contracting Against Slavery: Corporate Accountability For Human Rights Supply Chain Violations, Alexandra Hyken
Brooklyn Journal of International Law
The United States Supreme Court decision in Nestlé USA, Inc. v. Doe effectively closed the door for forced laborers in the global supply chain to sue corporations headquartered in the United States for aiding and abetting in their human trafficking under the Alien Tort Statute. At the same time, however, the European Union and Canada are passing legislative measures that increase corporate accountability for human rights supply chain violations. This note argues that, in light of the Nestlé decision, contracts can be an effective mechanism for corporate accountability in the United States and that multi-national corporations will be incentivized to …
Boeing, Boeing, Gone: General Jurisdiction Over Corporations, Principal Place Of Business, And A Second Look At The Total Activities Test, Robert Ellis Stengel
Boeing, Boeing, Gone: General Jurisdiction Over Corporations, Principal Place Of Business, And A Second Look At The Total Activities Test, Robert Ellis Stengel
Brooklyn Law Review
In 2011’s Goodyear Dunlop Tires Operations, S.A. v. Brown, the United States Supreme Court redefined the contours of corporate personal jurisdiction, radically curtailing the “doing business” jurisdiction that previously predominated. Since then, corporations are only subject to general jurisdiction where they are “fairly regarded as at home,” a domicile test effectively limited to two locations: (1) the state in which the corporation is incorporated and (2) the state in which the corporation has its “principal place of business.” However, the Supreme Court has never explicitly defined the term “principal place of business” for personal jurisdiction purposes. The Court has addressed …