Point of Law’s James Copland adds his thoughts on the Sosa decision (which I discuss here). I totally agree that many “cowboy law professors” see the decision as a green light to use federal courts to go after multinational corporations and foreign governments for their alleged overseas misdeeds. But I remain somewhat skeptical that Sosa should be read thus. Justice Breyer concurred to note his concern that such suits could interfere with foreign policy, and I suspect that in the appropriate case another Justice could be convinced that federal courts are not the proper fora for such disputes until Congress determines otherwise. (And I hope this isn’t just wishful thinking on my part.)
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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