Litigation
854 Articles
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: 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…
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: 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…
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…
The President and Immigration Law Series: Reflections on the Future of American Immigration Policy
Our series on The President and Immigration Law concludes. Authors Cristina Rodríguez and Adam Cox reflect on the future as illuminated by the contributions to the series, highlighting…
We Cannot Condone the Myanmar Government’s Lies with Silence
The façade that the Myanmar government is trying to keep up is finally starting to erode, as two Myanmar Army soldiers confess to their involvement in massacres, rape, and other…
The President and Immigration Law: The Danger and Promise of Presidential Power
In our penultimate installment of this series, Lucas Guttentag discusses causes for concern and hope. He argues that the Supreme Court has signaled recent retreat from judicial…
All the President’s Lawsuits: Fraud, Defamation, and the Westfall Act
A sober assessment of the strengths of the president's invocation of the Westfall Act defense in the E. Jean Carroll case, and lack of such a defense in others.