http://www.indianalawjournal.org en-us N/A admin@indianalawjournal.org Tue, 06 Jan 2009 01:18:19 EST 20 http://www.indianalawjournal.org/articles/39/1/The-Alien-Tort-Claims-Act-in-2007-Resolving-the-Delicate-Balance-Between-Judicial-and-Legislative-Authority/Page1.html Part I of this Note presents the evolution of cases interpreting the ATCA. The evolution of case law shows how, beginning with Filartiga and ending with Sosa, ATCA case law has departed from the original intent of the statute. Part II addresses the separation-of-powers argument and argues that post-Sosa, absent congressional action to effectively amend or repeal the ATCA, federal courts are not violating the separation-of-powers principle by determining what acts violate customary international law under the ATCA. Part III then examines the standard of corporate liability a federal court should establish in the event that Congress fails to amend or repeal the ATCA. Because courts and commentators continue to look to the Ninth Circuit's decision in Unocal, this Note examines the ambiguities the Ninth Circuit created in Unocal. This Note then argues that the standard set by the Ninth Circuit is incorrect, and recommends the standards federal courts should apply in the future, absent congressional action to amend or repeal the ATCA. Part IV then recommends the amendments Congress should make to the ATCA. Congress must specify which acts will create liability under the ATCA not only because such action will end the separation-of-powers debate, but also because it will confer democratic legitimacy upon the idea that if corporations commit grave breaches of international law, they can and will be held accountable. ]]> no@spam.com (Hannah R. Bornstein) Sat, 06 Oct 2007 22:29:05 EDT http://www.indianalawjournal.org/articles/39/1/The-Alien-Tort-Claims-Act-in-2007-Resolving-the-Delicate-Balance-Between-Judicial-and-Legislative-Authority/Page1.html