Nestlé/Cargill v. Doe Symposium
20 Articles
Nestlé & Cargill v. Doe: What’s Not in the Supreme Court’s Opinions
The Court ruled out extraterritorial application of the Alien Tort Statute. But on other key questions -- including corporate liability, secondary liability, and the status of…
The Surprisingly Broad Implications of Nestlé USA, Inc. v. Doe for Human Rights Litigation and Extraterritoriality
In Nestlé USA, Inc. v. Doe, the U.S. Supreme Court took up the question of corporate liability for human rights violations under the Alien Tort Statute (ATS) for the third time.…
Nestlé & Cargill v. Doe Series: Remedying the Corporate Accountability Gap at the ICC
[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: Meet the “John Does” – the Children Enslaved in Nestlé & Cargill’s Supply Chain
[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: Shielding American Corporations from Liability Undermines the United States’ Moral Authority
Corporate defendants argue that courts should let Congress decide if and when to impose liability for human rights abuses abroad. But Congress has already spoken: through the Trafficking…
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: Holding the Aiders and Abettors of Atrocity to Account
Do the Alien Tort Statute and Torture Victim Protection Act apply to those who aid in atrocities? Human rights groups - who use the statutes to prosecute these crimes - say yes.
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: The Economic Folly of Human Trafficking for American Business
The threat of liability under the Alien Tort Statute (such as the Nestlé/Cargill suit) costs businesses money – that's just cold economic reality. Or is it? Amici in the case,…
Nestlé & Cargill v. Doe Series: A Canadian Perspective – Takeaways from Nevsun Resources Ltd. v. Araya.
As the U.S. Supreme Court wrestles with corporate immunity for human rights abuses abroad, they may find a parallel Canadian case – in which the Supreme Court of Canada opened…
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: 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…