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: Conflict of LawsOn the Desirability of the Alien Tort Statute
By Gilles Cuniberti
Judicially made corporate human rights litigation is a luxury we can no longer afford.
This is the conclusion of an op-ed (Rights Case Gone Wrong) published yesterday in the Washington Post by two leading American international law professors, Curtis Bradley (Duke) and Jack Goldsmith (Harvard).
An interesting debate is now following at opiniojuris between the supporters and the critics of the Alien Tort Statute: see the comments of, inter alia, Kevin Jon Heller, Julian Ku, Kenneth Anderson and Eric Posner.
Related posts:
- Retaliation in Alien Tort Statute Litigation? An interesting case where Chevron is seeking to recover legal...
- Transnational Tort Litigation as a Trade and Investment Issue Alan O. Sykes (Stanford Law School) has posted “Transnational Tort...
- Conference on European Tort Law The European Centre of Tort and Insurance Law will host...
Full post as published by Conflict of Laws on April 20, 2009 (boomark / email).
Julian Ku on Sosa and the Alien Tort Statute
Hofstra lawprof Julian Ku in the Federalist Society publication Engage notes that after 2004's Sosa v. Alvarez-Machain, the Supreme Court was praised for taking a middle position on the Alien Tort Statute, leaving the door "ajar" but not wide open...
Keitner on Ninth Circuit's Alien Tort Statute Decision
Chimčne Keitner (UC Hastings) recently wrote a guest post at Opinio Juris analyzing the Ninth Circuit's decision on the Alien Tort Statute (mentioned in Friday's roundup). Keitner finds three lessons in the decision: "1...
Bradley & Goldsmith on Alien Tort Statute Apartheid Litigation:
Curtis Bradley and Jack Goldsmith have an op-ed in today's Washington Post decrying a federal court's refusal to dismiss Alien Tort Claims Act suits against several American corporations for allegedly...
ERIC POSNER: Harold Koh, the Alien Tort Statute, and Decent Respect to the Opinions of Mankind: A P
ERIC POSNER: Harold Koh, the Alien Tort Statute, and Decent Respect to the Opinions of Mankind: A Puzzle. “Koh has long supported a type of litigation that probably breaches international law and in any event universally offends foreign opinion...
Harold Koh, the Alien Tort Statute, and Decent Respect to the Opinions of Mankind: A Puzzle
So, to my mind at least, the whole theory that that there is such a thing as tort responsibility of individuals or non-state actors in international law is completely unsupported. If...
Abdullahi v. Pfizer and the Alien Tort Statute
Is Obama a Natural Born Citien?
Philip J. Berg, Esquire vs. Barack Hussein Obama, a/k/a Barry Soetoro, a/k/a Barry Obama, a/k/a Barack Dunham, a/k/a Barry Dunham, et al
Texas, USA
alleging the Medical Malpractice and Tort Reform Act of 2003 violates several provisions of the Constitution.









