Constitutional torts and the War on Terror / James E. Pfander.
2017
KF1306.C64 P43 2017 (Mapit)
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Author
Title
Constitutional torts and the War on Terror / James E. Pfander.
Edition
First edition.
Imprint
New York, NY : Oxford University Press, 2017.
Copyright
©2017.
Description
xxiv, 249 pages ; 25 cm
Formatted Contents Note
Part one. The common law origins of government accountability
Government accountability in the nineteenth century
Bivens and government accountability in the twentieth century
Part two. Evaluating human rights litigation in War-on-Terror cases
Human rights and War-on-Terror litigation
Evaluating the effectiveness of Bivens litigation
Evaluating justifications for judicial silence
Part three. Reviving the Bivens action
Congressional ratification of the Bivens action
Applying Bivens to conduct outside the United States
Overcoming qualified immunity
Common-law solutions to judge-made problems
Appendix. An empirical assessment of Bivens claims / by Ross J. Corbett and James E. Pfander.
Government accountability in the nineteenth century
Bivens and government accountability in the twentieth century
Part two. Evaluating human rights litigation in War-on-Terror cases
Human rights and War-on-Terror litigation
Evaluating the effectiveness of Bivens litigation
Evaluating justifications for judicial silence
Part three. Reviving the Bivens action
Congressional ratification of the Bivens action
Applying Bivens to conduct outside the United States
Overcoming qualified immunity
Common-law solutions to judge-made problems
Appendix. An empirical assessment of Bivens claims / by Ross J. Corbett and James E. Pfander.
Summary
"[This book] examines the judicial response to human rights claims arising from the Bush Administration's war on terror. Despite widespread agreement that the Administration's program of extraordinary rendition, prolonged detention, and "enhanced" interrogation was torture by another name, not a single federal appellate court has confirmed an award of damages to the program's victims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined. Many of the suits seeking redress have been based on the landmark 1971 Supreme Court decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. This book traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation. After evaluating the failure of Bivens litigation arising from the war on terror, the book considers and rejects the arguments that have been put forward to explain and justify judicial silence. The book provides the Supreme Court with the tools needed to rethink its Bivens jurisprudence. Rather than treating the overseas national security context as disabling, modern federal courts should take a page from the nineteenth century, presume the viability of tort litigation, and proceed to the merits. Only by doing so can the federal courts ensure redress for victims and prevent future Administrations from using torture as an instrument of official policy."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 233-238) and index.
Location
STA
Call Number
KF1306.C64 P43 2017
Language
English
ISBN
9780190495282 hardcover ; alkaline paper
0190495286 hardcover ; alkaline paper
0190495286 hardcover ; alkaline paper
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