Chimène Keitner, ‘Optimizing Liability for Extraterritorial Torts: A Response to Professor Sykes’

Abstract:
Professor Alan Sykes’s contribution to the Georgetown Law Journal’s Centennial Symposium offers an economic analysis of corporate liability for extraterritorial torts. His analysis enables us to isolate at least three critiques of corporate liability under the Alien Tort Statute, which I label the “failed deterrence” critique, the “competitive disadvantage” critique, and the “inefficient compensation” critique. In this brief invited response, I address each of these critiques and suggest alternative conclusions that can be drawn from Professor Sykes’s analysis.

Keitner, Chimène I., Optimizing Liability for Extraterritorial Torts: A Response to Professor Sykes (August 2, 2012). Georgetown Law Journal, Vol. 100, p. 2211, 2012.

First posted 2012-08-04 08:27:03

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