Private Law Theory

INTRODUCTION
… This Comment explores the origin, purpose, reach, and Limitations of the ATS. The analysis begins with the Constitution and the original text of the ATS within Section 9 of the Judiciary Act of 1789, then moves to the application of the ATS in the modern world and concludes with how the ATS may be more suitably utilized in the future. Part II discusses the origin and jurisdictional scope of the ATS, how the courts have historically interpreted what Congress intended by ‘a violation of the law of nations’, and how these views have evolved. Part III discusses the jurisdictional nature of the statute and how it has increasingly been interpreted as a statute that creates causes of action. Also, it assesses the types and nature of actions falling within the permissible scope of the ATS, ie, torts ‘committed in violation of the law of nations or a treaty of the United States’. This part ends with an analysis of the restrictive effects of recent Supreme Court rulings on the types and nature of actions that may be brought under the ATS in the future. Part IV details why legislative action will be required for the Court to recognize any cause of action brought under the ATS other than a very narrow and rare set of actions and proposes language and methodology for such legislation.

Thomas J Ellis, The Rise, Fall, and Resurrection of the Alien Tort Statute, 57 UIC Law Review 863 (2024).