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Zombified Alien Torts @AmLawDaily

May 9, 2013

From the end of last month in the American Lawyer Litigation Daily: “Is the Alien Tort a Zombie Doctrine? Andrew Pincus Responds” by Andrew Pincus:

The American Lawyer’s Michael Goldhaber wrote that the court had rendered the corporate alien tort “a zombie doctrine—not quite alive and not quite dead.”

But can a cause of action be killed, or even zombified, if it never existed in the first place?

Citing to “The Global Lawyer: The Zombification of the Corporate Alien Tort” by Michael D. Goldhaber

zombie andrew pincus zombie michael goldhaber

By the way, this isn’t about green outer-space aliens, it’s about human rights – according to Wikipedia: The Alien Tort Statute:

The Alien Tort Statute (28 U.S.C. § 1350; ATS, also called the Alien Tort Claims Act (ATCA)) is a section of the United States Code that reads: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” This statute is notable for allowing U.S. courts to hear human-rights cases brought by foreign citizens for conduct committed outside the United States.


From → corporations

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