ALIEN TORT STATUTE & THE SUPREME COURT: The Wall Street Journal has a great editorial today explaining why the Alien Tort Statute should not be interpreted by the Supreme Court as allowing “jurisdiction by necessity” when other countries’ courts aren’t “available.” Such a interpretation would create a loophole big enough to drive a Mack truck through. The Court heard oral argument on this issue earlier in the week, in Kiobel v. Royal Dutch Shell Petroleum, and presumably the Justices are conferencing on the case today.
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