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Abstract The US Supreme Court has made recent moves to substantially limit the scope of the Alien Tort Statute, one of the most promising mechanisms for transnational litigation and corporate accountability in the US. This paper explores a path forward for ATS litigation by proposing two strands of legal and policy reform. Leveraging the considerable history grounding the statute, this paper argues that reform to current legal standards is necessary given the context of ATS litigation. This paper unveils substantial inconsistencies within the Court’s current standards for adjudicating both procedural and substantive claims under the ATS and argues that this disconnect has significant consequences for the future of human rights, transnational litigation, and corporate accountability. Thus, this paper contextualizes the history of the ATS through an alternative reading of accessory liability, the Law of Nations, and international law. It then proposes a multi-faceted remedy for the ATS’ insubstantial legal framework.

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