Hidden Renvoi: The Search for Corporate Liability in Alien Tort Statute Litigation

In its two most recent decisions regarding the Alien Tort Statute (ATS)—Jesner v. Arab Bank and Kiobel v. Royal Dutch Petroleum—the US Supreme Court failed to answer the specific question upon which it granted certiorari: whether the ATS permits suit against corporate defendants. These two cases reveal only that the ATS does not permit suits…