Constitutional Torts and the War on Terror

Nonfiction, Reference & Language, Law, International, Constitutional
Cover of the book Constitutional Torts and the War on Terror by James E. Pfander, Oxford University Press
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: James E. Pfander ISBN: 9780190495305
Publisher: Oxford University Press Publication: December 21, 2016
Imprint: Oxford University Press Language: English
Author: James E. Pfander
ISBN: 9780190495305
Publisher: Oxford University Press
Publication: December 21, 2016
Imprint: Oxford University Press
Language: English

Constitutional Torts and the War on Terror 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.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Constitutional Torts and the War on Terror 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.

More books from Oxford University Press

Cover of the book Islamophobia by James E. Pfander
Cover of the book The Future of Imprisonment by James E. Pfander
Cover of the book Lincoln's Generals by James E. Pfander
Cover of the book Morality and Self-Interest by James E. Pfander
Cover of the book The Oxford Handbook of American Sports Law by James E. Pfander
Cover of the book Attention by James E. Pfander
Cover of the book Great Songwriting Techniques by James E. Pfander
Cover of the book Civilized Life in the Universe by James E. Pfander
Cover of the book The Oxford Handbook of Culture and Psychology by James E. Pfander
Cover of the book Identity Theory by James E. Pfander
Cover of the book Socialism Vanquished, Socialism Challenged by James E. Pfander
Cover of the book Cultures in Conflict : Christians Muslims and Jews in the Age of Discovery by James E. Pfander
Cover of the book Washington's Crossing by James E. Pfander
Cover of the book Evaluation of Health Promotion and Disease Prevention Programs by James E. Pfander
Cover of the book Making Men by James E. Pfander
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy