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Separation Of Powers And Adjudication Of Human Rights Clalims Under The Alien Tort Claims Act—Hanoch Tel-Oren V. Libyan Arab Republic, 726 F.2d 774 (D.C. Cir. 1984), Cert. Denied, 105 S. Ct. 1354 (1985), Laura Wishik

Washington Law Review

This Note examines the opinions in Tel-Oren that relied upon separation of powers principles to foreclose adjudication of section 1350 suits. The Note explores the underlying reasons for advocating judicial deference on foreign affairs issues. Judge Robb's application of the political question doctrine to Tel-Oren, and Judge Bork's use of both the political question and act of state doctrines as evidence of separation of powers principles that require judicial abstention, are analyzed in detail. Alternative principles that limit jurisdiction over such claims are examined, including the act of state doctrine, sovereign immunity, forum non conveniens, and the evidence required to …