This Note examines the newly-created circuit split between the Second Circuit and the Ninth, and Eleventh Circuits regarding corporate liability. Part I introduces the ATCA, chronicling its transformation from a short provision in the Judiciary Act of 1789 to the weapon of choice employed against international corporations for alleged human rights violations. Part II focuses on the newly-created circuit split, identifying important case law and the current standing of ATCA human rights corporate liability in all three circuits. Emphasis is placed upon the international implications of and reactions to these decisions. Finally, Part III concentrates on the international implications of the split and advances the argument that the Second Circuit correctly decided Kiobel in light of the ATCA's purpose and the potential impact that continued ATCA litigation poses to US external relations.
Theresa (Maxi) Adamski,
The Alien Tort Claims Act and Corporate Liability: A Threat to the United States' International Relations,
34 Fordham Int'l L.J. 1502
Available at: http://ir.lawnet.fordham.edu/ilj/vol34/iss6/2