[IntLawProfessors] KIOBEL ALIEN TORT STATUTE SCt CASE

[William Slomanson]

I've just uploaded my edited version of Kiobel ATS 2d Cir decision---written with such enviable clarity, that next term's SCt should adopt it as their own. (See attachment.) I'm using it in my section on human rts & corps. Although one could argue that this week's P.A./P.L.O. Mohamed SCt case signals its ultimate result in next term's Kiobel decision (no ATS suits v. corps), I think Kiobel stands on its own, as an insightful analysis of why corps are not (as opposed to should be) subject to suit under the ATS (not to mention different wording in the two segments of section 1350).

I like the juicy foodfight b/t the Koibel majority and concurring opinions, which will make for great classroom debate---although IMHO, the real debate is whether Congress should alter either ATS or TVPA. I'm not holding my breath, however, b/c of the financial implications of establishing new forms of entity liability, which would flood US courts. (Kiobel will further minimize that option when the SCt affirms the 2d Cir. next year).
I made a brief ref to this week's SCt Mohamed decision in my Kiobel edit, re entities not being subj to suit under TVPA---the latter case addressing the portion of 1350 that far more clearly limits suit to claims v. "individuals." I may use Mohamed in class, but certainly not as a principal case---in my section on torture.

Bill

PS Anyone who's read this far is free to use my edit for classroom use. It is also permanently available on my Course Web Page at <http://www.tjsl.edu/slomansonb/txtcsesite.html>, scroll to Chap 10, click Shell Corporate Human<http://www.tjsl.edu/slomansonb/10.5_Kiobel.docx> Rights Case<http://www.tjsl.edu/slomansonb/10.5_Kiobel.docx>.
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