Franklin

International human rights litigation in U.S. courts [electronic resource] / Beth Stephens ... [et al.].

Publication:
Boston ; Leiden : Martinus Nijhoff Publishers, c2008.
Format/Description:
Book
1 online resource (654 p.)
Edition:
2nd ed.
Series:
Nijhoff eBook titles 2008
Status/Location:
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Subjects:
Government liability -- United States.
Administrative responsibility -- United States.
Immunities of foreign states -- United States.
Noncitizens -- United States.
Torture victims -- Legal status, laws, etc. -- United States.
International crimes.
Human rights.
United States. Alien Tort Claims Act.
United States. Torture Victim Protection Act of 1991.
Form/Genre:
Electronic books.
Language:
English
Summary:
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.
Contents:
The alien tort statute (ATS) : from 1789 to filartiga, sosa, and beyond
Understanding the alien tort statute (ATS) : the analytic framework
Plaintiffs, defendants, and violations in alien tort statute (ATS) suits
The torture victim protection act (TVPA)
Jurisdiction over states : the foreign sovereign immunities act (FSIA)
Other grounds for human rights litigation
Historical paradigms, modern violations
Treaty violations
The plaintiff : who can sue?
Who can be sued I : personal jurisdiction and theories of liability
Who can be sued II : U.S. and local government defendants
Who can be sued III : corporations
Foreign affairs and separation of powers
Immunities
Miscellaneous defences
The role of the Executive Banch
Preparing and filing a manageable case
After the complaint is filed and served
Discovery
Proving a case
Remedies
Historical justice claims.
Notes:
Rev. ed. of: International human rights litigation in U.S. courts / Beth Stephens and Michael Ratner. c1996.
Includes bibliographical references and index.
Contributor:
Stephens, Beth, 1954-
Stephens, Beth, 1954-
ISBN:
1-282-39620-X
9786612396205
90-474-3172-3
OCLC:
567799791
Publisher Number:
10.1163/ej.9781571053534.i-620 DOI