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What Exactly is "Extraterritorial Application" of a Statute? [op-ed]
May 28, 2013 by Dan DeRight
JURIST Guest Columnist Kenneth S. Gallant of the University of Arkansas at Little Rock, William H. Bowen School of Law says that careful delineation of the application of extraterritorial law is the key to its predictable application ...In two recent cases, Kiobel v. Royal Dutch Petroleum and.... [more]
Kiobel and the Conflict of Laws [op-ed]
April 19, 2013 by Caleb Pittman
JURIST Guest Columnist Patrick Borchers of the Creighton University School of Law says that the Supreme Court's opinion in Kiobel v. Royal Dutch Petroleum overlooks recent relevant developments in the conflict of laws and may have unintended effects on future cases...The US Supreme Court's already-.... [more]
Supreme Court rules against extraterritorial application of Alien Tort Statute
April 17, 2013 by Julia Zebley
The US Supreme Court ruled unanimously Wednesday in Kiobel v. Royal Dutch Petroleum that nothing in the Alien Tort Statute of 1789 (ATS) rebuts the US presumption against extraterritoriality and that suits challenging torture and international law violations that took place overseas cannot be.... [more]
Closing the Loophole on Corporate Liability and the ATS
March 8, 2013 by Fangxing Li
JURIST Senior Editor Sarah Posner, University of Pittsburgh School of Law Class of 2013, is a member of JURIST's Editorial Board. Here, Posner discusses the loophole on corporate liability and US Supreme Court's possible holding in Kiobel v. Royal Dutch Petroleum Co. based on the Alien Tort.... [more]
The Business of American Courts in Kiobel v. Royal Dutch Petroleum
October 2, 2012 by Stephanie Kogut
JURIST Guest Columnists Michael Hausfeld and Kristen Ward Broz of Hausfeld, LLP argue that the jurisdiction of US courts should apply to any entity that has a presence within the US...Addressing Petitioners' oral argument before the US Supreme Court in Kiobel v. Royal Dutch Petroleum (Shell),.... [more]
Supreme Court rehears arguments in corporate liability case from last term
October 2, 2012 by Julia Zebley
The US Supreme Court heard oral arguments in two cases on Monday. In Kiobel v. Royal Dutch Petroleum Co., the court heard new arguments on whether three oil companies are immune from US lawsuits under the Alien Tort Statute of 1789 (ATS) for alleged torture and international law violations that.... [more]
Obama administration urges Supreme Court to limit corporate liability for torture overseas
June 14, 2012 by Rebecca DiLeonardo
The Obama administration on Thursday filed a brief in the US Supreme Court asking the justices to limit corporate liability for human rights violations occurring overseas. The government argued that the court should dismiss the lawsuit in Kiobel v. Royal Dutch Petroleum Co.. The issue in the case.... [more]
Victims file new brief on corporate liability for torture overseas
June 11, 2012 by Rebecca DiLeonardo
Victims of alleged torture and international law violations that took place overseas filed their supplemental brief to the US Supreme Court Monday arguing that the Alien Tort Statute of 1789 (ATS) is not limited to torts that occur in the US. The brief argues that because the 18th century statute.... [more]
Corporate Liability Inappropriate Under Alien Tort Statute
March 16, 2012 by Sean Gallagher
JURIST Guest Columnists David Rivkin, Jr. and Andrew Grossman of Baker Hostetler argue that in determining corporate liability under the Alien Tort Statute it is instructive to look at similar legislation that creates civil liability for torture, which was the subject of the case argued in tandem.... [more]
Supreme Court to rehear arguments on corporate liability for human rights violations
March 5, 2012 by Jaclyn Belczyk
The US Supreme Court announced Monday that they will rehear arguments in Kiobel v. Royal Dutch Petroleum, a case dealing with corporate liability for human rights violations occurring overseas. The court originally took the case in October and heard arguments last week to determine whether three.... [more]
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