Federal Common Law and Alien Tort Statute Litigation: Why Federal Common Law Can (and Should) Provide Aiding and Abetting Liability
成果类型：
Article
署名作者：
Vora, Nilay
署名单位：
Harvard University
刊物名称：
HARVARD INTERNATIONAL LAW JOURNAL
ISSN/ISSBN：
0017-8063
发表日期：
2009
页码：
195-229
关键词：
摘要：
After Sosa v. Alvarez-Machain. lawsuits against corporation under the Alien Tort Statute (ATS) hare become the focus of human rights litigation. One of the matt important legal issues in this area it horn corporate aiding and abetting liability operates in lawsuits alleging violations of customary international lain. Federal courts and legal commentators are split over whether federal common late) cant and should define the relevant standard for aiding and abetting liability. When recently confronted with the issue, the Supreme Court failed to muster a quorum. In the academic debate, Professor Steinhardt arguer for the Modern position that federal common law is the appropriate source for secondary liability standards tinder the ATS. On the other side, Professors Bradley, Goldsmith, and Moore argue for the Revisionist position that established federal common law principles bar the creation of a corporate aiding and abetting liability. This Article evaluates the Revisionists' principles of federal common lato. The Article argues that instead of barring the creation of corporate aiding and abetting liability, the Revisionists' limitations actually enable and encourage the creation and application of federal common law for ancillary issues, such at secondary liability, under the ATS.