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.
Curtis A. Bradley, State Action and Corporate Human Rights Liability, 85 Notre Dame Law Review 1823-1838 (2010)
Library of Congress Subject Headings
State action (Civil rights), Accomplices, Corporation law, Alien Tort Claims Act, United States
Available at: https://scholarship.law.duke.edu/faculty_scholarship/2343