International Human Rights Litigation in United States Courts

International Human Rights Litigation in United States Courts PDF Author: Beth Stephens
Publisher: BRILL
ISBN: 1571053530
Category : Law
Languages : en
Pages : 655

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Book Description
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.

International Human Rights Litigation in United States Courts

International Human Rights Litigation in United States Courts PDF Author: Beth Stephens
Publisher: BRILL
ISBN: 1571053530
Category : Law
Languages : en
Pages : 655

Get Book Here

Book Description
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.

Human Rights Litigation Promoting International Law in U.S. Courts

Human Rights Litigation Promoting International Law in U.S. Courts PDF Author: Ying-Jen Lo
Publisher: LFB Scholarly Publishing
ISBN:
Category : Law
Languages : en
Pages : 326

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Book Description
Annotation Lo studies how human rights organizations and individual activists have sought to influence American courts on death penalty law and refugee policies. In doing so, she studies whether neutral legal rules have affected judges decision-making. She concludes that judicial attitude matters most in litigation since judges enjoy autonomous authority in adjudicating cases. Twin goals should dominate human rights activists agenda: to socialize U.S. judges to international human rights law through tools such as case briefs, amicus statements, and seminars and to extend this socialization to the executive and legislative departments, which, directly or indirectly, influence the courts.

World Justice?

World Justice? PDF Author: Mark Gibney
Publisher: Westview Press
ISBN:
Category : Law
Languages : en
Pages : 200

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Book Description


International Human Rights Litigation: A Guide for Judges

International Human Rights Litigation: A Guide for Judges PDF Author: Federal Judicial Center
Publisher: Government Printing Office
ISBN: 9780160937040
Category : Law
Languages : en
Pages : 192

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Book Description
The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. In the common vernacular, the phrase "human rights" often is construed broadly to encompass many forms of civil rights and constitutional claims. The focus here is narrower. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law. Related products: Find more resources about Human Rights here: https: //bookstore.gpo.gov/catalog/human-rights

Challenging Human Rights Violations: Using International Law in U.S. Courts

Challenging Human Rights Violations: Using International Law in U.S. Courts PDF Author: Francisco Martin
Publisher: BRILL
ISBN: 9004480056
Category : Law
Languages : en
Pages : 289

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Book Description
This book guides civil rights lawyers-and informs judges, legislators, and academics-in the effective use of international law in U.S. federal and state cases. The author highlights many concrete areas in which international law can enhance human rights protection both in the U.S. and abroad, such as: Death penalty Lethal force by police and military authorities Extraterritorial privacy protection Gay and lesbian rights Government liability for foreseeable harm Compensation for unintentional false imprisonment. This eminently practical approach-based on model briefs developed for and used by leading U.S. civil rights lawyers and organizations-presents an extremely rare treatment of international human rights law. Published under the Transnational Publishers imprint.

Justice Across Borders

Justice Across Borders PDF Author: Jeffrey Davis
Publisher: Cambridge University Press
ISBN: 1139472453
Category : Political Science
Languages : en
Pages : 298

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Book Description
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.

Human Rights Litigation Against Multinationals in Practice

Human Rights Litigation Against Multinationals in Practice PDF Author: Richard Meeran
Publisher: Oxford University Press
ISBN: 0198866224
Category : Law
Languages : en
Pages : 385

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Book Description
This book provides a thorough review of multinational human rights litigation in various countries where such litigation has been pursued, predominantly on behalf of victims in the Global South. It covers cases relating to environmental damage, occupational disease, human rights abuses involving complicity with state security, and in the context of supply chains. The volume is edited by Richard Meeran, who pioneered the first series of tort-based multinational parent company cases in the 1990s and whose firm, Leigh Day, has been at the forefront of this area for almost 30 years. Contributions come from highly experienced legal practitioners in the countries in question who have run many of the key ground-breaking cases, and who understand the opportunities and hurdles that arise in practice. They provide their perspectives and insights into the features of the relevant laws, procedures, and practical considerations in their respective legal systems. Chapters address the potential legal remedies that are available; the legal, procedural, and practical obstacles to justice including funding; as well as strategic issues. This developing area of corporate legal accountability has increasingly become an integral part of the field of business and human rights, which has grown significantly in recent decades. This collection is an essential guide to the field.

Federal Courts and the International Human Rights Paradigm

Federal Courts and the International Human Rights Paradigm PDF Author: Kenneth C. Randall
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 312

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Book Description


Lawyers Beyond Borders

Lawyers Beyond Borders PDF Author: Maria Armoudian
Publisher: University of Michigan Press
ISBN: 047212904X
Category : Law
Languages : en
Pages : 263

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Book Description
Despite international conventions and human rights declarations, millions of people have suffered and continue to suffer torture, slavery, or violent deaths, with no remedy or recourse. They have fallen, in essence, “below the law,” outside of law’s protection. Often violated by their own governments, sometimes with support from transnational corporations, or nations benefiting from human rights violations, how can these victims find justice? Lawyers Beyond Borders reveals the inner workings of the advances and retreats in the quest for redress and restoration of human rights for those whom international legal-political systems have failed. The process of justice begins in the US, with a handful of human rights lawyers steeped in the American tradition of advancing civil rights through civil litigation. As the civil rights movement gained traction and an ample supply of lawyers, this small cadre turned their attention toward advancing international human rights, via the US legal system. They sought to build another piece of the rights revolution, this time for survivors of egregious human rights violations in faraway lands. These cases were among the most unlikely to be slated for victory: The abuses occurred abroad; the victims are aliens, usually with few, if any, resources; the perpetrators are politically powerful, resourced, and well connected, often members of governments, militaries, or multinational corporations. The legal and political systems’ structures are mostly stacked against these survivors, many who bear the scars of trauma and terror. Lawyers Beyond Borders is about agency. It is about how, in the face of powerful interests and seemingly insurmountable obstacles—political, psychological, economic, geographical, and physical—a small group of lawyers and survivors navigated a terrain of daunting barriers to begin building, case-by-case, new pathways to justice for those who otherwise would have none.

Enforcing International Human Rights in Domestic Courts

Enforcing International Human Rights in Domestic Courts PDF Author: Benedetto Conforti
Publisher: Martinus Nijhoff Publishers
ISBN: 9789041103932
Category : Political Science
Languages : en
Pages : 490

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Book Description
CASES - Michael J. Churgin.