[Curtis Bradley is the William Van Alstyne Professor of Law at Duke University.] The Alien Tort Statute (ATS) is one-sentence long, was enacted more than 200 years ago, has essentially no drafting history, and was relatively unknown before the Second Circuit’s seminal Filartiga decision in 1980. As a result, although it is obvious that the ATS was meant to provide the...
Oral arguments were heard yesterday for the second time before the US Supreme Court in Kiobel v. Royal Dutch Petroleum; the transcript can be found here. You can already read the preliminary thoughts from a few of our regulars Roger, Deborah and Peter, and as Julian mentioned, starting today, we will have a roundtable discussion from a variety of guest...
I am still digesting the transcript of the Kiobel reargument today, although I can say that nothing in the argument today has changed my view that this brief (which both Ken and I signed) represents the best approach to resolving the case. I will say, however, that nothing in the argument suggested that any member of the Court is considering...
My initial impression of the Kiobel oral argument is that the Supreme Court is going to do its best to do an historical analysis of the ATS and use that history to find ways to limit its scope. It could do so by holding that the ATS does not apply extraterritorially, or that it does not apply unless there is...
The transcript in the Kiobel case has been posted here. Shell counsel/former Stanford dean Kathleen Sullivan seems to have been on her heels for much of her argument time. Big sticking point on her claim that the ATS was not intended to cover piracy or a "reverse Marbois." (No, that is not a wrestling move; it's the counterfactual in which the...
For those watching for signs of how oral arguments went in the U.S. Supreme Court in Kiobel this morning, early consensus seems to be that while a majority of the justices were plainly concerned by a reading of the universal jurisdiction statute that would give the courts the power to hear cases with no substantial connection to the United States,...
John Witt's magisterial new book, Lincoln's Code: The Laws of War in American History, appeared a few weeks ago, and Gary Bass has an enthusiastic review of it in yesterday's New York Times Sunday Book Review. I am only about half-way through it, but Bass' enthusiasm is entirely justified - it is a fabulous book and one that I think...
I am very sad to report that the eminent British historian has passed away at 95. He lived an amazing life, as recounted in the Guardian's lengthy obituary today. Here is a snippet: If Eric Hobsbawm had died 25 years ago, the obituaries would have described him as Britain's most distinguished Marxist historian and would have left it more or less...
The US Supreme Court begins its new term today and will hear re-argumentation in Kiobel v. Royal Dutch Petroleum. SCOTUS Blog offers insight into what is at stake and for whom in this case. After 10 years’ imprisonment at Guantanamo Bay, Omar Khadr was repatriated to Canada, where he will serve the rest of his sentence. At the UN General Assembly, several leaders of the Muslim...
