Cited in: Jeffrey A. Van Detta, Some Legal
Considerations For E.U.-Based MNEs Contemplating High-Risk Foreign Direct
Investments in the Energy Sector After Kiobel v. Royal Dutch Petroleum and
Chevron Corporation v. Naranjo, 9 S.C. J. Int'l L. & Bus. 161, 241
(Spring 2013).
The
article is cited for:
(arguing that the House
emendation of "foreigner" from the Senate Bill to "alien"
in the Judiciary Act as passed evidences an even further narrowing of the scope
of the ATS to apply: "Considering Article III of the Constitution and the
related provisions in the Judiciary Act of 1789, along with the late eighteenth
century legal, international, and general uses and definitions of
"alien" and "foreigner"-in conjunction with relevant
changes that occurred from the Senate's handwritten draft of the judicial bill
through subsequent codifications of relevant sections of the Judiciary Act of
1789-it is fair to say that an understanding of what Congress intended by the
deceptively simple change from "foreigner" to "alien" was a
narrowing of the ATS; making it available to "aliens" but not to
"foreigners," . . . in other words, making it available only to
residents of the United States.").
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