International Human Rights Cases Under State Law and in State Courts

Introduction 9 I. Post-Kiobel Federal Court Human Rights Litigation 12 II. Pre-ATS State Law and State Court Human Rights Claims 13 III. ATS Cases with State Law Claims 15 IV. Hurdles and Advantages to State Law Claims and State Court Litigation ....... 17 A. Substantive and Procedural Ramifications of State Law and State Court Human Rights Litigation 17 B. Are International Law Claims a Bad Fit in State Courts? 20 1. The “Garden Variety” Tort Problem 21 2. The Comfort Factor: Why Should This Case Be in a State Court? 22 Conclusion 22