...extent that state courts increasingly operate concurrently with federal courts as forums for the litigation of cases with
extraterritorial elements, the disparate treatment of
extraterritoriality issues under state and federal approaches becomes ever more problematic. And Kiobel seems likely to compound those problems, not only because it pushes another category of foreign-squared or -cubed cases into state court, but because it takes the federal law of
extraterritoriality in a direction increasingly incompatible with state conflicts approaches. What do I mean by this? I see two main ways in which Kiobel’s...