Mirski on Recent ATS Case
Sean Mirski, a Lawfare contributor, has a case note in the Harvard Law Review on the Second Circuit’s important post-Kiobel decision in Balintulo v.
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Sean Mirski, a Lawfare contributor, has a case note in the Harvard Law Review on the Second Circuit’s important post-Kiobel decision in Balintulo v. Daimler AG. That decision, as we noted at the time, held that Kiobel barred ATS suits based on conduct occurring abroad, even those against U.S. defendants. Sean argues that the Second Circuit read Kiobel more broadly than the Supreme Court’s language warranted, but that it reached the correct outcome nonetheless in view of the overarching principles articulated by the Kiobel Court.
Jack Goldsmith is the Learned Hand Professor at Harvard Law School, co-founder of Lawfare, and a Non-Resident Senior Fellow at the American Enterprise Institute. Before coming to Harvard, Professor Goldsmith served as Assistant Attorney General, Office of Legal Counsel from 2003-2004, and Special Counsel to the Department of Defense from 2002-2003.
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