M. Anderson Berry, Whether Foreigner or Alien: A New Look at the Original Language of the Alien Tort Statute, was republsihed in late 2010 in the Immigration and Nationality Law Review, Vol. 30, Issue 1 (2009), pp. 111-176 (30 Immigr. & Nat'lity L. Rev. 111 (2009)).  "Berry discusses the seemingly minor linguistic change by Congress that substantially altered the class of individuals to whom the Alien Tort Statute is available."