Julian Simcock (JD Candidate, Stanford Law School; Harvard University – Harvard Kennedy School (HKS)) has posted “Recalibrating after Kiobel: Evaluating the Utility of the Racketeer Influenced and Corrupt Organizations Act in Litigating Corporate Abuse”, New York City Law Review, Vol 14, 2012 (forthcoming). The abstract reads:
This analysis seeks to explore the un-examined question of whether RICO could one day become a useful surrogate for the Alien Tort Statute (ATS) in litigating international corporate abuses. Decades after the ATS had become a robust tool for bringing claims for international violations in U.S. courts, the Second Circuit recently ruled in Kiobel v. Royal Dutch Petroleum that corporations cannot be held liable for torts in violation of the law of nations under the ATS. Rulings by the D.C Circuit and the Seventh Circuit quickly breathed new life into the debate, and the circuit split is now destined for resolution by the Supreme Court. Although the final outcome is still unknown, Kiobel’s reverberations are already apparent. With corporations potentially immune from the reach of the ATS, the search has begun for vehicles by which to sustain momentum in litigating international corporate abuses.
The article is available on SSRN for download here.