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U.S. Supreme Court,
International Law,
Corporate

Sep. 22, 2017

Looking abroad for legal answers

In Jesner v. Arab Bank, the U.S. Supreme Court will consider whether the Alien Tort Statute can be invoked against corporate defendants. Inherent to the dispute at hand is an a priori choice-of-law issue: Should courts look to international law or federal common law to resolve the question presented?

Beth Van Schaack

Center for Advanced Study in the Behavioral Sciences

Ms. Van Schaack was the Leah Kaplan Visiting Professor in Human Rights at Stanford Law School (2014-17).

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OCTOBER 2017 TERM

In Jesner v. Arab Bank, the U.S. Supreme Court is poised to take up the question of whether the Alien Tort Statute can be invoked against corporate defendants. Inherent to the dispute at hand is an a priori choice-of-law issue: Should courts look to international law or federal common law to resolve the question presented?

Plaintiffs and their supporters generally...

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