David, in thinking about this, and just to be clear, I do not advocate the use of the Alien Tort Statute in this way at all. If an employee of a corporation tax rates is accused of wrongdoing at the direction of the corporation, legal action should be taken under existing local and international law and subject to existing treaties. That is how to interpret my remarks above.
The entire exercise here–the attempt to broaden the Alien Tort Law–is to intended create access to U.S. courts, tort lawyers, juries, and financial settlement for anybody around the world who can allege harm at the hands of a U.S. domiciled multinational corporation. This is to the obvious advantage of the tort lawyers who want to internationalize their business, but not to the rest of Americans.
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