Correspondence

In this letter to the editor, Professor Casto analyzes the First Congress’s possible reasoning in passing the Alien Tort Statute. Professor Casto focuses his historical examination on Senator Oliver Ellsworth, who drafted the statute. Professor Casto explains how Ellsworth’s Calvinism affected his view on the law of nations and his draft of the Alien Tort Statute. Then, Professor Casto addresses the jurisdictional issues related to the Alien Tort Statute that remain at issue today.