Corporate Liability under the Alien Tort Statute and Kiobel II
As explained below, a recent decision highlighted by Lawfare prompted this particular post that touches on a subject I find intriguing: corporate liability under international law. We now have a Supreme Court decision (Kiobel II) that touches on the issue without deciding it, and two lower court decisions interpreting that Supreme Court decision, which are addressed here. The basic premise of this post is that both lower courts got it wrong insofar as they read more into Kiobel II than is actually there. Further, the Kiobel II decision actually shows that corporate liability under the ATS is still very open to question, and will likely result in a divided and contentious decision when the Supreme Court finally addresses it.