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18 N.Y.U. J. Int'l L. & Pol. 1 (1985-1986)
Federal Jurisdiction over International Law Claims: Inquiries into the Alien Tort Statute

handle is hein.journals/nyuilp18 and id is 11 raw text is: FEDERAL JURISDICTION OVER INTERNATIONAL LAW CLAIMS: INQUIRIES INTO THE ALIEN TORT STATUTE KENNETH C. RANDALL* The almost 200-year old Alien Tort Statute has recently become the subject of considerable controversy. Judicial decisions-notably in the Sec- ond and D.C. Circuit Courts of Appeals-are in conflict as to the purpose, meaning, and application of the statute. Although the Supreme Court de- nied certiorari in Tel-Oren v. Libyan Arab Republic, a 1984 D.C Circuit case, the Court is likely before long to face a case involving the stat- ute, given its disparate interpretations in the lower courts and the increasing attention the statute is attracting as a means for bringing international human rights cases into federal court. Furthermore, renewed judidal focus on the Alien Tort Statute has fostered congressional interest in proposals to amend the statute. Professor Randalls study of the Alien Tort Statute is presented in this volume of the Journal in two parts. Part One examines fundamental aspects of the statute-its origins, its drafters' likely intentions, the construction of the statute, its constitutionality, and legitimao' of federal jurisdiction over extraterritorial tort actions. Randall concludes that the * Assistant Professor of Law, University of Alabama. This Article was written in partial fulfillment of the requirements for the degree of Doctor of the Science of Law in the Faculty of Law, Columbia University. The Author was in residence at Columbia during the 1984-85 school year, as the W. Bayard Cutting, Jr. Fellow. The Author thanks Professor Oscar Schachter, Chairman of the Author's dissertation committee, for his time, consideration, and invaluable comments during the preparation of this Ar- tide. The Author also thanks Professors Alfred Hill and Lori F. Damrosch, who also helpfully advised the progress of this Article. A debt of gratitude is owed to Professor Peter L. Strauss, Chairman of Columbia's Committee on Graduate Instruction, for his support and consideration during the Author's residence. In addition, the Author is indebted to Professor William Casto of Texas Tech University School of Law and Professors Tony Freyer and Wythe Holt of the University of Alabama School of Law, each of whom discussed the Alien Tort Statute's historical and legislative background with the Author. Particular thanks are owed to Professor Casto, who sug- gested sources and ideas relied on in Section I, subsection C of this Arti- cle. Professor Holt also read and helpfully commented on a draft of this Article. The Author also expresses sincere thanks to three best friends and former colleagues at Simpson Thacher & Bartlett, who graciously read and criticized this Artide: Steven N. Cohen, Luke C. Harris,Jr., and Susan Lyons Randall. Finally, the Author thanks Dean Charles IV. Gamble and the University of Alabama Law School Foundation for generously provid- ing funding during the final stages of the preparation of this Article. I Imaged with the Permission of N.Y.U. Journal of International Law and Politics

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