Money is Fungible, Causation Shouldn't Be: An In-Depth Analysis of the Proximate Cause Standard Under the Anti-Terrorism Act

Authors

• Rebecca Glikman, Benjamin N. Cardozo School of Law

Abstract

The article critiques the differing interpretations of proximate cause under the Anti-Terrorism Act (ATA) by the Second and Seventh Circuits, arguing that the Seventh Circuit's more relaxed standard, as articulated in *Boim III*, should be adopted universally. The Second Circuit's strict standard, requiring a direct link between the defendant's actions and the terrorist act, is seen as undermining the ATA's purpose of providing remedies for victims. In contrast, the Seventh Circuit's approach, which considers the fungibility of money and imposes liability for material contributions to terrorist organizations with knowledge or reckless disregard, aligns better with the statute's intent to hold all contributors along the causal chain accountable.

Disciplines

Banking and Finance Law | Comparative and Foreign Law | International Law | Law

Recommended Citation

Rebecca Glikman, Money is Fungible, Causation Shouldn't Be: An In-Depth Analysis of the Proximate Cause Standard Under the Anti-Terrorism Act, 2 Cardozo Int’l & Compar. L. Rev. 253 (2018).
Available at: https://larc.cardozo.yu.edu/ciclr/vol2/iss1/8