International Human Rights Litigation in U. S. Courts

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Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign ...

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Overview

Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign governments. A section on defenses includes analysis of topics such as immunities, forum non conveniens, and the intervention of the executive branch. The final section discusses litigation strategies.

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Editorial Reviews

Booknews
A manual for human rights litigators and activists, providing practical information and explaining relevant legal issues involved in suing for human rights abuses in US courts under the Alien Tort Statute, the Torture Victim Protection Act, and related statutes. Offers step-by-step guidance to lawsuits in the US for human rights abuses committed in other countries, and discusses theoretical issues raised by such cases, such as jurisdictional issues, immunity, and choice of law. Includes appendices of cases and documents. Annotation c. by Book News, Inc., Portland, Or.
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Product Details

  • ISBN-13: 9780941320955
  • Publisher: Brill Academic Publishers, Inc.
  • Publication date: 1/28/1996
  • Pages: 398

Meet the Author

The five authors have decades of experience with human rights litigation and have published dozens of articles about the topics covered in the book:
Beth Stephens, a law professor at Rutgers-Camden School of Law, has litigated international human rights cases with the Center for Constitutional Rights (CCR) and written extensively about the issues covered in this book. She is on the Board of Directors of the Center for Justice and Accountability (CJA).
Judith Brown Chomsky is a civil and human rights lawyer and a cooperating attorney with CCR. Her present practice focuses almost exclusively on international human rights cases.
Jennifer Green is a Senior Staff Attorney at CCR, where she specializes in international human rights legal actions in U.S. courts and international bodies. Much of her work focuses on international women's international human rights.
Paul Hoffman, a civil rights lawyer and partner in Schonbrun DeSimone Seplow Harris and Hoffman LLP, has litigated numerous human rights cases and argued Sosa v. Alvarez-Machain in the U.S. Supreme Court. He is one of the co-founders of CJA.
Michael Ratner is President of CCR and has litigated numerous human rights cases throughout the world. He led CCR in its aggressive legal fight against the post-September 11 human rights violations.

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Table of Contents

Acknowledgements
Foreword
Introduction 1
Ch. 1 The Alien Tort Claims Act 7
Ch. 2 The Torture Victim Protection Act 25
Ch. 3 Other Grounds for Jurisdiction 31
Ch. 4 The Plaintiff: Who Can Sue? 41
Ch. 5 What Human Rights Violations? The Analytic Framework 49
Ch. 6 Human Rights Violations Recognized as Triggering ATCA Jurisdiction 63
Ch. 7 A Sampling of Human Rights Violations That May Be Found to Trigger ATCA Jurisdiction 79
Ch. 8 The Defendant: Who Can Be Sued? 95
Ch. 9 The ATCA: Subject Matter Jurisdiction, Constitutionality, and Failure to State a Claim 109
Ch. 10 Choice of Law 119
Ch. 11 Immunity 125
Ch. 12 Miscellaneous Defenses 139
Ch. 13 Retroactivity of the TVPA 155
Ch. 14 Preparing and Filing a Case 161
Ch. 15 After the Complaint Is Filed and Served 173
Ch. 16 Discovery 179
Ch. 17 Proving a Case 197
Ch. 18 Remedies 211
Ch. 19 Alternatives to ATCA or TVPA Litigation 225
Ch. 20 The Impact of Human Rights Litigation 233
App. A Summaries of Key ATCA and TVPA Cases 239
App. B The Torture Victim Protection Act and Related Documents 245
App. C Complaint: Xuncax v. Gramajo 273
App. D Ex Parte Motion for Leave to Field Complaint With Anonymous Plaintiff, Xuncax v. Gramajo 291
App. E Ex Parte Motion for Leave to File Sealed Complaint, Civil Cover Sheet, and Summons, Doe v. Karadzic 295
App. F Interrogatories, Paul v. Avril 301
App. G Third Party Subpoenas and U.S. Government Response, Belance v. FRAPH 307
App. H Motion for Letter Rogatory and Letter Rogatory, Paul v. Avril 315
App. I Affidavit of International Law Scholars, Ortiz v. Gramajo 321
App. J In re Marcos Human Rights Litigation: Excerpts From Final Jury Instructions 339
App. K Summary of Damage Awards Under the Alien Tort Claims Act and the Torture Victim Protection Act 343
App. L Medical and Psychological Services for Victims of Torture 349
Table of Cases 351
Table of Authorities 359
Index 363
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