Justice Across Borders: The Struggle for Human Rights in U.S. Courts
By: Jeffrey E. Davis (author)Paperback
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This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute - a dormant provision of the 1789 Judiciary Act - for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
Professor Davis has taught constitutional law, comparative law, and judicial politics courses for more than six years and has won several teaching awards. He has published articles on human rights accountability, judicial decision-making, and judicial fairness in several journals. In addition, Professor Davis has conducted research and analysis on a volunteer basis for two international human rights organizations. Before beginning his academic career, Professor Davis practised law as a state Assistant Attorney General, as an attorney for the Atlanta School Board, and as the Legal Aide to the Speaker of the Georgia House of Representatives.
1. The seeds of legal accountability; 2. Competing forces in the struggle for accountability; 3. Human rights entrepreneurs: NGOs and the ATS revolution; 4. Separation of powers and human rights cases; 5. No safe haven: human rights cases challenging foreign countries and nationals; 6. Holding corporations accountable for human rights violations; 7. Sorting through the ashes: testing findings and predictions through quantitative analysis; 8. Impact and conclusion.
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- ID: 9780521702409
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