Hawaii

Doe I v. Unocal Corp. in Hawaii Law

How Doe I v. Unocal Corp. applies in Hawaii: state-specific rules, key cases, and bar exam notes for International Law (Alien Tort Statute).

State Approach

Hawaii recognizes the principles set forth in Doe I v. Unocal Corp. regarding the liability of corporations for human rights violations committed abroad, especially when there is a substantial connection to Hawaii. Hawaii courts tend to favor the applicability of international law norms in assessing corporate conduct.

State Rule
Hawaii law allows for claims under the Alien Tort Statute to be pursued when the conduct violates universally accepted norms of international law, similar to the principles laid out in Doe I v. Unocal Corp.
Significant State Cases

In re Google Inc. Street View Elec. Commc'ns Litig.

The court found Google liable for violating privacy rights, emphasizing the importance of state law in conjunction with federal standards.

Doe v. Jiang Zemin

This case affirmed that violations of human rights established an actionable claim under Hawaii law, consistent with international norms.

Comparison to Federal Law

While federal courts have more explicitly defined the scope of the Alien Tort Statute and its applicability to multinational corporations, Hawaii's approach is more open to incorporating international law principles. This flexibility can lead to broader interpretations of corporate liability in state courts compared to federal standards.

Bar Exam Note

The principles from Doe I v. Unocal Corp. may appear on the Hawaii bar exam when discussing international law liabilities or torts related to corporate governance and human rights.

Practice Pointers
  • Examine the connections between the defendant's conduct and Hawaii to establish jurisdiction.
  • Be aware of both federal and state precedents when building cases under the Alien Tort Statute in Hawaii.
  • In corporate liability cases involving international law, focus on establishing universally accepted norms that were allegedly violated.

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