Commentary: Kiobel oral argument: Why the ATS as we know it is in jeopardy

10/02/12:  Opinio Juris posted commentary by Roger Alford discussing what is at stake in the upcoming Kiobel oral arguments.  His initial impression is that the Supreme Court is going to do its best to do an historical analysis of the ATS and use that history to find ways to limit its scope. It could do so by holding that the ATS does not apply extraterritorially, or that it does not apply unless there is some U.S. nexus, or that it does not apply to corporations, or that does not apply without exhausting local remedies, or that it does not apply to certain types of conduct (such as aiding and abetting). But one way or the other, it would mean that the ATS as it currently is applied by lower courts will be severely limited.