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Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short
Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short
Faculty Scholarship
I argue in this article that no reasonable basis exists to justify federal courts refusing to consider forum non conveniens arguments in cases brought under the Alient Tort Statute; in fact, good reasons exist to retain the doctrine in its undiluted form. The purpose and design of forum non conveniens make it sufficiently flexible to be invoked in even the most compelling human rights cases brought in the United States. If applied properly, the doctrine will identify ATS cases that cannot and should not be dismissed to foreign fora; however, if forum non conveniens operates as it should, it also …
Transitional Justice In Afghanistan : Confronting Violations Of International Humanitarian And Human Rights Law, Peter G. Danchin
Transitional Justice In Afghanistan : Confronting Violations Of International Humanitarian And Human Rights Law, Peter G. Danchin
Faculty Scholarship
After more than two decades of war and foreign interventions, including the US-led military campaign following the 11 September 2001 terrorist attacks, Afghanistan has entered a period of transition and rebuilding. It thus joins a host of other countries—from South Africa to Sierra Leone to East Timor—which have sought in recent years to move from a repressive and violent past to a future based on democracy, the rule of law and respect for fundamental human rights. In this respect, Afghanistan presents one of the most confronting case studies for the field of ‘transitional justice’. This article considers the question of …
The Costs Of International Human Rights Litigation, Curtis A. Bradley
The Costs Of International Human Rights Litigation, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Terrorism And Human Rights, Michael E. Tigar
Terrorism And Human Rights, Michael E. Tigar
Faculty Scholarship
No abstract provided.