State Action and Corporate Human Rights Liability

Authors

Curtis A. Bradley, Duke Law SchoolFollow

Document Type

Article

Publication Date

2010

Keywords

Alien Tort Statute, corporate liability, aiding and abetting, Section 1983

Abstract

This essay considers the requirement of state action in suits brought against private corporations under the Alien Tort Statute. It argues that, in addressing this requirement, courts have erred in applying the state action jurisprudence developed under the domestic civil rights statute, 42 U.S.C. § 1983. It also argues that, even if it were appropriate to borrow in this manner from the Section 1983 cases, such borrowing would not support the allowance of aiding and abetting liability against corporations, and that this liability is also problematic on a number of other grounds.

Citation

Curtis A. Bradley, State Action and Corporate Human Rights Liability, 85 Notre Dame Law Review 1823-1838 (2010)