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State Action and Corporate Human Rights Liability. (Re-Examining Customary International Law and the Federal Courts)

Notre Dame Law Review 2010, Dec, 85, 5

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This Essay considers the requirement of state action in suits brought against private corporations under the Alien Tort Statute (ATS). It argues that, in addressing this requirement, courts have erred in applying the state action jurisprudence developed under the domestic civil rights statute, 42 U.S.C. [section] 1983. It also argues that, even if it were appropriate to borrow in this manner from the [section] 1983 cases, such borrowing would not support the allowance of aiding and abetting liability against corporations, and that this liability is also problematic on a number of other grounds. The Essay assumes for the sake of argument that corporations are not categorically excluded as defendants under the ATS, although this is currently a matter of some controversy. (1) I. BACKGROUND

State Action and Corporate Human Rights Liability. (Re-Examining Customary International Law and the Federal Courts)
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  • 2,99 €
  • Available on iPhone, iPad, iPod touch, and Mac.
  • Category: Law
  • Published: 01 December 2010
  • Publisher: University of Notre Dame Law School
  • Print Length: 30 Pages
  • Language: English
  • Requirements: To view this book, you must have an iOS device with iBooks 1.3.1 or later and iOS 4.3.3 or later, or a Mac with iBooks 1.0 or later and OS X 10.9 or later.

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