Should the U.S. Supreme Court be the court of the world? In the 18th century, two feuding Frenchmen inspired a one-sentence law that helped launch American human rights litigation into the 20th century. The Alien Tort Statute allowed a Paraguayan woman to find justice for a terrible crime committed in her homeland. But as America reached further and further out into the world, the court was forced to confront the contradictions in our country’s ideology: sympathy vs. sovereignty. Earlier this month, the Supreme Court heard arguments in Jesner v. Arab Bank, a case that could reshape the way America responds to human rights abuses abroad. Does the A.T.S. secure human rights or is it a dangerous overreach?
Additional music for this episode by Nicolas Carter.
Special thanks to William J. Aceves, William Baude, Diego Calles, Alana Casanova-Burgess, William Dodge, Susan Farbstein, Jeffery Fisher, Joanne Freeman, Julian Ku, Nicholas Rosenkranz, Susan Simpson, Emily Vinson, Benjamin Wittes and Jamison York. Ken Saro-Wiwa Jr., who appears in this episode, passed away in October 2016.
Supreme Court archival audio comes from Oyez®, a free law project in collaboration with the Legal Information Institute at Cornell.
Support Radiolab by becoming a member today at Radiolab.org/donate.
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Radiolab is on a curiosity bender. We ask deep questions and use investigative journalism to get the answers. A given episode might whirl you through science, legal history, and into the home of someone halfway across the world. The show is known for innovative sound design, smashing information into music. It is hosted by Lulu Miller and Latif Nasser.
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