International Human Rights Litigation in U.S. Courts: 2nd Revised Edition »

The five authors have decades of experience with human rights litigation and have published dozens of articles about the topics covered in the book:
Beth Stephens, a law professor at Rutgers-Camden School of Law, has litigated international human rights cases with the Center for Constitutional Rights (CCR) and written extensively about the issues covered in this book. She is on the Board of Directors of the Center for Justice and Accountability (CJA).
Judith Brown Chomsky is a civil and human rights lawyer and a cooperating attorney with CCR. Her present practice focuses almost exclusively on international human rights cases.
Jennifer Green is a Senior Staff Attorney at CCR, where she specializes in international human rights legal actions in U.S. courts and international bodies. Much of her work focuses on international women's international human rights.
Paul Hoffman, a civil rights lawyer and partner in Schonbrun DeSimone Seplow Harris and Hoffman LLP, has litigated numerous human rights cases and argued Sosa v. Alvarez-Machain in the U.S. Supreme Court. He is one of the co-founders of CJA.
Michael Ratner is President of CCR and has litigated numerous human rights cases throughout the world. He led CCR in its aggressive legal fight against the post-September 11 human rights violations.

Written by leading human rights litigators and theorists, this treatise offers a comprehensive analysis of human rights litigation in U.S. courts under the Alien Tort Statute and related provisions, including jurisprudential complexities and litigation guidance. The book includes discussion of the Alien Tort Statute, the Torture Victim Protection Act, and less common jurisdictional bases. The issues raised by suing corporations are also discussed. Separate chapters address lawsuits against the U.S. and foreign governments. A section on defenses includes analysis of topics such as immunities, forum non conveniens, and the intervention of the executive branch. The final section discusses litigation strategies.

Pt. I The Alien Tort Statute (ATS) 1

Ch. 1 The Alien Tort Statute (ATS): From 1789 to Filartiga, Sosa, and Beyond 3

Ch. 2 Understanding the Alien Tort Statute (ATS): The Analytic Framework 27

Ch. 3 Plaintiffs, Defendants, and Violations in Alien Tort Statute (ATS) Suits 45

Pt. II Other Bases for Suit 73

Ch. 4 The Torture Victim Protection Act (TVPA) 75

Ch. 5 Jurisdiction Over States: The Foreign Sovereign Immunities Act (FSIA) 89

Ch. 6 Other Grounds for Human Rights Litigation 103

Pt. III Actionable Human Rights Violations 129

Ch. 7 Historical Paradigms, Modern Violations 131

Ch. 8 Treaty Violations 215

Pt. IV Parties 229

Ch. 9 The Plaintiff: Who Can Sue? 231

Ch. 10 Who Can Be Sued I: Personal Jurisdiction and Theories of Liability 247

Ch. 11 Who Can Be Sued II: U.S. and Local Government Defendants 281

Ch. 12 Who Can Be Sued III: Corporations 309

Pt. V Defenses and Immunities 335

Ch. 13 Foreign Affairs and Separation of Powers 337

Ch. 14 Immunities 365

Ch. 15 Miscellaneous Defences 385

Ch. 16 The Role of the Executive Branch 411

Pt. VI Litigation 439

Ch. 17 Preparing and Filing a Manageable Case 441

Ch. 18 After the Complaint Is Filed and Served 461

Ch. 19 Discovery 473

Ch. 20 Proving a Case 503

Ch. 21 Remedies 523

Pt. VII Historical Justice Claims 541

Ch. 22 Historical Justice Claims 543

Statutory Appendix 551

Table of International Documents 587

Table of Cases 591

Index 611