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SCOTUS: U.S. Can’t Play Tortmaster-General to the World
Notably, all nine Justices sidestepped the issue that had caused extensive angst among many popular commentators, namely whether the statute could be applied to corporations as distinct from natural persons. Other views: Ilya Shapiro, Cato (“an exceedingly complicated case with a relatively simple solution”); SCOTUSBlog; Julian Ku/Opinio Juris (“this means that the ATS wars over corporate liability are almost over…. A theory that the ATS can be justified in universal civil jurisdiction cases has been rejected, 9-0.”) and more (death of “universal civil jurisdiction” idea, and speculation that Breyer’s shift of ground to a narrower ATS rationale was an unsuccessful attempt to pick up Kennedy); Sarah Altschuller (reading opinions, “struck by amount of time that must have been dedicated to debate re: pirates and shipdecks”); Josh Blackman (getting all nine justices to agree on a personal jurisdiction question isn’t easy, but it happened here); Hans Bader; Roger Alford (ATS “as we know it is dead… [Kiobel] has destroyed an entire cottage industry . . .”);
2013-04-24 14:04:36
Source: http://cei.org/citations/scotus-us-cant-play-tortmaster-general-world
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