State Action and Corporate Human Rights Liability

16 Pages Posted: 24 Jan 2010 Last revised: 22 Dec 2014

Date Written: January 21, 2010

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. ยง 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.

Keywords: alien tort statute, corporate liability, aiding and abetting, section 1983

Suggested Citation

Bradley, Curtis A., State Action and Corporate Human Rights Liability (January 21, 2010). Notre Dame Law Review, Vol. 85, No. 5, 2010, Available at SSRN: https://ssrn.com/abstract=1540269 or http://dx.doi.org/10.2139/ssrn.1540269

Curtis A. Bradley (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

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