Kiobel v. Royal Dutch Petroleum
19 Articles
Abu Ghraib Torture Survivors’ Landmark Win Gives Hope for Alien Tort Statute Cases
The Al Shirmari verdict may help other plaintiffs chart a path to navigate the Supreme Court’s constraints on Alien Tort Statute cases.
Why We Need the Alien Tort Statute Clarification Act Now
"The ATSCA, while not a panacea, would revive one important tool for protecting human rights. It deserves the attention of the Senate Judiciary Committee now."
Answering the Supreme Court’s Call for Guidance on the Alien Tort Statute
Proposed Alien Tort Statute Clarification Act would clarify Congress's intent on extraterritorial jurisdiction over violations of laws of nations.
Nestlé & Cargill v. Doe Series: Judicial Activism, Corporate Exceptionalism, and the Puzzlement of Nestlé v. Doe
Congress has amended the Alien Tort Statute only three times. Yet judicial interpretation has significantly limited the statute's reach through "shadow amendments" to the text.…
Nestlé & Cargill v. Doe Series: In Oral Arguments, Justices Weigh Liability for Chocolate Companies
U.S. corporations, including Nestle and Cargill, may face massive liability under the Alien Tort Statute for aiding and abetting slavery abroad. But does the ATS support such liability?…
Nestlé & Cargill v. Doe Series: Rethinking the Alien Tort Statute
Tuesday's Supreme Court argument tackled thorny questions of extraterritoriality, customary international law, and corporate liability. But were any of these questions necessary?…
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…
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…
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…
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…
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…
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…