•  
  •  
 

Abstract

In this author’s view, the concurring Justices are correct in allowing ATS suits against Americans for foreign torts. And contrary to narrow readings by some lower courts, even the majority’s rationale allows space for ATS causes of action for torts committed by Americans overseas. Kiobel was a suit by foreign plaintiffs, against foreign defendants, for foreign conduct. In that “foreign-cubed” case, the limited American jurisdictional interests at stake—mainly to afford redress for heinous international torts—were not enough to persuade the majority to overcome its presumption against extraterritorial application. Nor were they enough to convince the four Justices concurring in the result that there were sufficient “distinct American interests” to justify ATS jurisdiction in that case.

Share

COinS
 

To view the content in your browser, please download Adobe Reader or, alternately,
you may Download the file to your hard drive.

NOTE: The latest versions of Adobe Reader do not support viewing PDF files within Firefox on Mac OS and if you are using a modern (Intel) Mac, there is no official plugin for viewing PDF files within the browser window.