Alien Tort Claims Act: An Analytical Anthology

Author: Ralph G. Steinhardt
Published: March 1999
ISBN: 157105071X
Hardcover Book
Number of Pages: 445

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The Alien Tort Claims Act is virtually unique in U.S. legislation for its clear recognition of international human rights. This unparalleled collection of essays, the only extensive work on the Act, draws together the best analyses and interpretations written to date, under the editorship of two of America's most untraditional and imaginative theorists of international law, and makes a formidable case for the Alien Tort Claims Act as a powerful tool for all lawyers, regardless of specialization. The book includes an exhaustive annotated bibliography.

Table of Contents
Acknowledgments
Preface
Pt. I Introduction and Orientation 1
The Internationalization of Domestic Law 3
Pt. II Analysis 47
Ch. 1 Federal Jurisdiction over International Human Rights Claims: The Alien Tort Claims Act after Filartiga v. Pena-Irala 49
Ch. 2 What Does Tel-Oren Tell Lawyers? Judge Bork's Concept of the Law of Nations Is Seriously Mistaken 105
Ch. 3 The Federal Courts' Protective Jurisdiction over Torts Committed in Violation of the Law of Nations 119
Ch. 4 The Alien Tort Statute and the Founding of the Constitution 169
Ch. 5 Federal Jurisdiction over International Law Claims: Inquiries into the Alien Tort Statute 175
Ch. 6 Further Inquiries into the Alien Tort Statute and a Recommendation 225
Ch. 7 The Alien Tort Statute and the Judiciary Act of 1789: A Badge of Honor 257
Ch. 8 Damages for Gross Violations of International Human Rights Awarded by U.S. Courts 291
Ch. 9 Fulfilling the Promise of Filartiga: Litigating Human Rights Claims Against the Estate of Ferdinand Marcos 301
Ch. 10 Customary International Law as Federal Common Law: A Critique of the Modern Position 329
Ch. 11 Is International Law Really State Law? 367
Pt. III Annotated Bibliography 405
Table of Cases 433
Index 441

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