Alien Tort Statute (ATS)

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A child displays a part of the missile that hit a bus carrying tens of children leaving dozens dead earlier this week, on August 12, 2018 in Saada, Yemen.

Nestlé & Cargill v. Doe Series: Toward a Harmonized Test for Complicity of Corporate Officials?

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
A close-up of a roasted cocoa bean held by the tips of a worker’s fingers removing the husk. Moments Chocolate workplace on June 18, 2019 in Accra, Ghana

Nestlé & Cargill v. Doe Series: No Safe Harbor for Enablers of Child Slavery – Secondary Liability and the ATS

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Children workers who come from Burkina Faso carry sacks of cocoa to a truck June 28, 2001 in Petit Tieme, Ivory Coast.

Nestlé & Cargill v. Doe Series: The Prohibitions on Slavery, Forced Labor, and Human Trafficking Meet the Sosa Test

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Ruth Amoah and her workers at Moments Chocolate workplace remove husks from roasted cocoa beans on June 18, 2019, in Accra.

Nestlé & Cargill v. Doe Series: American Courts Do Not Have Universal Jurisdiction Over All Wrongs Everywhere

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Four people fill bags with cacao beans at a cocoa exporter's in Abidjan, on July 3, 2019. Numerous sacks of beans stand upright around them, and a truck sits in the background.

Nestlé & Cargill v. Doe Series: History and Foreign Policy Support Corporate Liability Under ATS

[Editor’s Note: This article is part of a Just Security series on the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I, which was argued before…
Employee of a cocoa export company shows a cocoa pod cut in two 17 January 2003 in San Pedro.

Nestlé & Cargill v. Doe Series: Mapping Amici Arguments

The Nestlé/Cargill v. Doe litigation has attracted dozens of amici briefs arguing over corporate liability, extraterritorial reach, separation of powers, and the aim of the Alien…
1787 world map

The Alien Tort Statute and the Law of Nations: New Historical Evidence of Founding-Era Understandings

In extraordinary original research, David Golove has uncovered contemporary evidence on the original intent of the Alien Tort Statute — evidence which strongly supports its extraterritorial…
People sort cocoa beans at a cocoa exporter's in Abidjan, on July 3, 2019.

Nestlé & Cargill v. Doe Series: Corporate Liability, Child Slavery, and the Chocolate Industry – A Preview of the Case

The upcoming case of Nestlé/Cargill v. Doe presents novel and consequential questions about the Alien Tort Statute, including its extraterritorial reach, imposition of corporate…
People collect cocoa beans at a cocoa exporter's in Abidjan, on July 3, 2019.

Nestlé & Cargill v. Doe: Introduction to a Symposium

The Supreme Court will hear arguments on Dec. 1 in the consolidated cases of Nestlé USA, Inc. v. Doe I and Cargill Inc. v. Doe I. Brought against two major chocolate manufacturers…
Saudi Arabia's Crown Prince Mohammed bin Salman attends a key summit of the 57-member Organization of Islamic Cooperation (OIC) in the Saudi holy city of Mecca on June 1, 2019.

Saudi Arabia’s MBS Served with Extrajudicial Killing Lawsuit – Via WhatsApp

Electronic service of process -- including via social media -- has become an increasingly common practice. Gone are the days of the pizza delivery ruse.
Saudi Crown Prince Mohammed bin Salman (C) arrives to attend a session during the Future Investment Initiative (FII) conference in the capital Riyadh on October 24, 2018.

US Suit Against Saudi Prince for Attempted Killing of Ex-Insider Faces Hurdles

Ex-Saudi intelligence official Saad Aljabri's claim over an alleged assassination attempt faces issues including jurisdiction and immunity.
Trafficked children are arrested and sit on the floor of a detention facility in the Ivory Coast.

Trump Administration Reverses Position on Corporate Liability Under Alien Tort Statute

In a brief filed last week, the Trump administration reversed its position on corporate liability under the Alien Tort Statute (ATS), urging the Supreme Court to grant certiorari…
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