Tuesday, November 16, 2010

Andrei Mamolea (Duke University School of Law student) just posted a naïve article, The Future of Corporate Aiding and Abetting Liability Under the Alien Tort Statute: A Roadmap (Santa Clara L. Review, Vol. 51, p. 79, 2011), on SSRN.  Mamolea's article allegedly offers a roadmap for the Supreme Court to follow in resolving the most pressing issues in Alien Tort Statute litigation.  It attempts, but fails, to answer the questions: Are corporations liable under the Alien Tort Statute?  Does corporate liability under the ATS conflict with international law?  What body of substantive law should courts apply, especially when adjudicating alien tort claims arising under the aiding and abetting theory of liability?  What are the policy implications of ATS litigation? (Mamolea and the SCLR eds should read this before final edits.)