In re Arab Bank, PLC Alien Tort Statute Litigation

JOSÉ A. CABRANES, Circuit Judge, joined by Judges JACOBS, RAGGI, and LIVINGSTON,

concurring in the denial of rehearing en banc:

Judge Pooler’s dissent from the denial of rehearing en banc calls to mind the insight of our esteemed late colleague, Judge Frank X. Altimari: “if attorneys want to know what the law is not, then they should read the dissent.”1 Indeed, Judge Pooler herself takes the view that her dissent is an “odditfy]” that “has as much force of law as if [her] views were published in a letter to the editor of [her] favorite local newspaper.”2

Both sides of the Alien Tort Statute…