• Trading up: Is Section 337 the New ATS?

    Author(s):
    Sean Pager, Michael Sant\'Ambrogio
    Date:
    2022
    Group(s):
    MSU Law Faculty Repository
    Item Type:
    Article
    Permanent URL:
    https://doi.org/10.17613/r0m3-5453
    Abstract:
    There is a crisis in international human rights law. In a series of cases, the Supreme Court has drastically reduced the Alien Tort Statute's ("ATS") utility as a vehicle for transnational justice, effectively ending a remarkable four-decade string of human rights litigation under the statute. Since 1980, private plaintiffs have filed hundreds of ATS suits in federal courts seeking to hold a rogue's gallery of international despots, torturers, mass murderers, and their corporate accomplices accountable for violations of international law. But ATS suits proved controversial. The Court's hamstringing of the ATS was driven largely by concerns over assertions of extraterritoriajlu risdiction by private parties that might embroil the United States in sensitive foreign policy disputes. As internationally minded social justice activists and scholars mourn the ATS's demise, they are avidly seeking a replacement. Many increasingly look to state law and state courts as a vehicle for transnational redress. Yet, state law is even more problematic than the ATS as a vehicle for asserting extraterritorial jurisdiction.
    Metadata:
    Published as:
    Journal article    
    Status:
    Published
    Last Updated:
    3 months ago
    License:
    Attribution
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