Alien Tort Statute
The Alien Tort Statute and the Morrison “Focus” Test: Still Disagreement After RJR Nabisco
John Bellinger, Andy Wang Tue, Feb 21, 2017, 1:02 PM
As Lawfare readers know, ever since the Supreme Court’s 2013 decision in Kiobel v. Royal Dutch Petroleum, lower courts have split over how to apply the majority’s cryptic holding that the Alien Tort Statute is presumed not to apply to conduct on the territory of another country, unless the plaintiff’s claims “touch and concern” the United States with sufficient force to overcome that presumption.