Michael L. Jones · July 2016
84 Geo. Wash. L. Rev. Arguendo 95
The Alien Tort Statute allows aliens to sue for violations of the law of nations. The statute does not specify whom the aliens are allowed to sue. There is not much history surrounding the statute, as it lay dormant for nearly two centuries. The ambiguities of the statute and the lack of history have led to widely differing views of how to interpret the statute, especially concerning corporate liability. Some circuits have turned to international law to determine whether corporations are subject to suit under the Alien Tort Statute, while others have turned to historical context and domestic law. The Supreme Court was recently unwilling to address the problem. However, corporate liability in diversity jurisdiction cases went through a similar process in the 19th century, with the Supreme Court eventually recognizing that corporations can be held liable under diversity jurisdiction. This Note suggests a similar resolution for the Alien Tort Statute, arguing that it is consistent with the First Congress’s intent.
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