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Measuring Transnational Human Rights, Cortelyou C. Kenney
Measuring Transnational Human Rights, Cortelyou C. Kenney
Fordham Law Review
Over the past three and a half decades, hundreds of transnational human rights civil suits—i.e., suits seeking monetary compensation for atrocities committed abroad ranging from torture and extrajudicial killing to forced labor and human trafficking—have been filed in the United States. Exhaustive qualitative research chronicles plaintiff “successes” and “failures” as defined by how frequently plaintiffs win, the magnitude of judgments and settlements they obtain, and the extent to which judgments and settlements are enforced. The prevailing wisdom is that while some cases have proven runaway successes along these axes, in general, transnational human rights suits constitute “a modest enterprise akin …