Kiobel’s Bowman Problem: Where the Legislature Has Enacted Laws to Defend the...
Last week, in Kiobel v. Royal Dutch Petroleum, et al., the Supreme Court deviated from its prior two decisions under the ATS, and held that the ATS does not confer jurisdiction over violations of the...
View ArticleThomas Jefferson Disagrees with the Supreme Court’s Decision in Kiobel
In 1792, Thomas Jefferson, as the first Secretary of State, made note of complaints that had been lodged against the U.S. by both Spain and France. In different incidents, citizens of Georgia had...
View ArticleThe Extraterritorial Effect of Respublica v. De Longchamps
The Supreme Court’s recent decision in Kiobel v. Royal Dutch Petroleum held that the presumption against extraterritoriality applies to common law causes of action under the ATS, and that there is no...
View ArticleHow EEOC v. Arabian American Oil Co. Invented the Modern Presumption Against...
The presumption against extraterritoriality (“PAE”), like all canons of construction, is a shorthand rule of interpretation used by judges to determine how a statute should be applied. Under the PAE,...
View ArticlePrivateer Corporations and Agency Liability: A Response to the Cato...
The Cato Institute’s amicus brief in Kiobel v. Royal Dutch Petroleum, along with a couple of other amici, repeatedly enact a straw man (straw law?) version of international law as it existed prior to...
View ArticleEight Predictions on the Court’s Decision in Kiobel
With Supreme Court oral arguments on Kiobel v. Royal Dutch Petroleum set for tomorrow, it will still be a while yet before the Court releases its opinion. In the meantime, however, here are my...
View ArticleSusan’s Theory of the Secret Fifth Amendment in Kiobel, as explained via gchat
Michael: I had a thought The entire United States argument against extraterritorial application in this case is built around something like act-of-state doctrine. Why don’t we just apply act-of-state...
View ArticleThe Presumption Against Extraterritoriality vs. the U.S.’s Jurisdiction Over...
In a 2-1 decision issued last month, the Eleventh Circuit granted Chiquita’s motion to dismiss Cardona v. Chiquita Brands Int’l, Inc., a longstanding ATS case brought by four thousand Colombians...
View Article
More Pages to Explore .....