U.S. Supreme Court,
International Law,
Constitutional Law,
Civil Litigation
May 1, 2018
Narrowing the judicial role in international law
The Supreme Court’s holding that foreign corporations cannot be sued in U.S. courts for international-law violations absent authorization from Congress departed from the near-unanimous views of the lower courts.
Kristin A. Linsley
Partner
Gibson, Dunn & Crutcher LLP
Email: klinsley@gibsondunn.com
Harvard Univ Law School; Cambridge MA
Kristin is a litigation partner in the firm's San Francisco office. The views expressed in this article are solely the author's, not those of the firm or its clients.
OCTOBER 2017 TERM
The U.S. Supreme Court's decision in Jesner v. Arab Bank caught many by surprise. 2018 DJDAR 3627 (April 24, 2018). The court's holding -- that foreign corporations cannot be sued in U.S. courts for international-law violations absent authorization from Congress -- departed from the near-unanimous v...
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