This advanced, practice-focused seminar examines litigation under the Alien Tort Statute (ATS), one of the most controversial and evolving tools for bringing international human rights claims into U.S. courts. The ATS has been used to pursue claims involving torture, forced labor, environmental harm, and corporate misconduct occurring outside the United States.
The course focuses on how litigators actually handle ATS cases—evaluating jurisdiction, framing claims under the “law of nations,” overcoming procedural barriers, and navigating Supreme Court-imposed limitations on extraterritoriality and corporate liability. Students will analyze both plaintiff and defense strategies, including forum selection, motion practice, discovery challenges, and settlement dynamics.
The seminar treats ATS litigation as a high-stakes, strategic field, where legal doctrine, foreign policy concerns, and corporate risk converge. Students will develop practical skills in litigation planning, jurisdictional analysis, and transnational dispute strategy.
This course assumes prior study of federal courts, civil procedure, or international law.
Course Objectives
By the end of the course, students should be able to:
1. Understand the scope and limitations of the ATS.
2. Analyze jurisdictional requirements in transnational litigation.
3. Identify actionable violations of international law.
4. Evaluate extraterritoriality constraints on ATS claims.
5. Assess corporate liability risks under the ATS.
6. Develop litigation strategies for plaintiffs and defendants.
7. Navigate procedural hurdles in federal court.
8. Analyze the role of foreign policy considerations.
9. Evaluate enforcement and settlement strategies.
10. Apply doctrine to real-world transnational disputes.
