Category Archives: Alien Tort Statute

Finding Customary International Law

I just posted the final, published version of my paper Finding Customary International Law, which came out in the Iowa Law Review last month. It’s available here. Advertisements

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Mwani v. Al Qaeda

A federal magistrate judge issued a noteworthy decision yesterday in Mwani v. Al Qaeda—a case filed several years ago by victims of the 1998 truck bombing of the U.S. Embassy in Nairobi, Kenya. Six Kenyan nationals alleged jurisdiction under the Alien Tort … Continue reading

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Sexual Minorities Uganda v. Lively

Last week a federal district court in Massachusetts issued a somewhat surprising opinion on the Alien Tort Statute. The plaintiff alleged that a U.S. citizen named Scott Lively committed crimes against humanity by engaging in anti-gay advocacy in Uganda, including … Continue reading

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New Supreme Court Ruling on the Alien Tort Statute

For those interested in federal courts or U.S. foreign relations law, the Supreme Court just issued an important decision in Kiobel v. Royal Dutch Petroleum Co. The basic issue concerned the extent to which the Alien Tort Statute (“ATS”) confers jurisdiction upon district … Continue reading

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Some Thoughts on Kiobel

A few weeks ago I wrote a post providing a brief background on Kiobel v. Royal Dutch Petroleum Co., the case in which the Supreme Court will likely decide whether the Alien Tort Statute confers federal jurisdiction over claims alleging corporate … Continue reading

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Federal Jurisdiction Over Claims of Corporate Liability Under International Law

The Alien Tort Statute (“ATS”) creates federal jurisdiction over “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.” Although enacted as part of the … Continue reading

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