Jesner v. Arab Bank - The Future of Corporate Liability under The Alien Tort Statute
7 PM EST
Jesner v. Arab Bank is the international human rights blockbuster case of the decade. Jordan's Arab Bank, described by USAID, Oxfam, Save the Children, and Catholic Relief as an important partner in the socioeconomic development of the Middle East, is accused by Israeli victims of funding terrorist attacks occurring in the West Bank and Gaza and distributing martyrdom payments to the families of suicide bombers. The victims brought their case against the bank in US Courts, seeking relief under the Alien Tort Statute (ATS), a 200 year old law giving federal courts jurisdiction “any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.”
From the 1970s until the Supreme Court ruling in Kiobel in 2013, the ATS was used to pursue judgments in US Courts against international wrong doers for crimes including murder and torture. In 2013, in the case of Kiobel v. Royal Dutch Petroleum, the US Supreme Court significantly limited the reach of the ATS and court watchers predict, and international human rights advocates fear, that the Court agreed to hear Jesner in order to finally close the door on corporate liability under the ATS forever.
Join us for a discussion with Professor William S. Dodge, UC Davis, as he gives an overview of the ATS, what happened in the case of Jesner v. Arab Bank when argued before the Supreme Court in October, and what the future may hold for corporate liability under the ATS.
Professor Dodge is a graduate of Yale Law School and specializes in international law, international transactions, and international dispute resolution. He currently serves as Co-Reporter for the American Law Institute’s Restatement (Fourth) of Foreign Relations Law: Jurisdiction and as a member of the State Department’s Advisory Committee on International Law. From 2011 to 2012, he was Counselor on International Law to the Legal Adviser at the State Department.
Professor Dodge is co-author (with Detlev Vagts, Harold Koh, and Hannah Buxbaum) of the casebook Transnational Business Problems (5th ed. Foundation Press 2014) and co-editor (with David Sloss and Michael Ramsey) of International Law in the U.S. Supreme Court: Continuity and Change (Cambridge University Press 2011), which won the American Society of International Law’s 2012 certificate of merit. He has more than 50 other publications in books and law reviews. His articles have been cited more than 25 times in court opinions, including three times by the U.S. Supreme Court.
This is a non-CLE teleconference-only program.
Moderator: Jeffrey Bartlett, Vice-Chair ABA SIL International Human Rights Committee
Speaker: Professor William s. Dodge, University of California Davis