About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

6 HRLR Online 1 (2021-2022)

handle is hein.journals/hrlro6 and id is 1 raw text is: THE ROAD TO RECOVERY AFTER NESTL: EXPLORING THE TVPA AS A PROMISING TOOL FOR CORPORATE ACCOUNTABILITY Lindsey Roberson* & Johanna Lee** ABSTRACT This paper presents the Trafficking Victims Protection Act (TVPA) as a promising, yet underutilized, statute for litigators seeking justice for foreign victims of forced labor in global supply chains. It begins by outlining the current legal landscape of cases that may be successfully brought under the Alien Tort Statute (ATS) in light of Nestl6 USA Inc. v. Doe I, which was decided in June 2021 by the Supreme Court, and the series of earlier Supreme Court rulings that have narrowed the scope of the statute over the past fifteen years. Recognizing the limited recovery available under the ATS and the dearth of other statutory remedies under U.S. or international law for foreign forced labor cases, the article recommends the TVPA as a favorable alternative. The authors assess the future potential of TVPA litigation by examining the significant potential advantages of this relatively new statute and flagging the potential obstacles that practitioners may face. * Lindsey Roberson is serving as the Director of Legal Engagement for the Human Trafficking Institute, formerly a human trafficking prosecutor for the U.S. Department of Justice and the state of North Carolina. I would like to express my deep gratitude to the many practitioners working tirelessly on these issues to make justice more available to survivors around the world. I would also like to extend a special thanks to Ashleigh Luschei, University of California - Irvine, J.D. (2022), Douglass Fellow (2021-22), who used her firsthand experience drafting the appellant's brief in the Nestl6 v. Doe in graciously assisting us with this article. ** Johanna Lee is a Legal Fellow at Global Labor Justice-International Labor Rights Forum. Harvard Law School, J.D. (2021), Douglass Fellow (2020-21). I would like to thank my law school professors who introduced me to this subject and to the Human Trafficking Institute's Douglass Fellowship for supporting this research that aims to assist practitioners at a critical time in the anti-trafficking field.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most