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Human Rights Review

, Volume 8, Issue 4, pp 341–368 | Cite as

Human Rights in US Courts: Alien Tort Claims Act Litigation after Sosa v. Alvarez-Machain

  • Jeffrey Davis
Article

Abstract

In Filartiga v. Pena-Irala (1980), the Second Circuit Court of Appeals ruled that victims of human rights violations could sue their oppressors civilly in US courts under an eighteenth century law now called the Alien Tort Claims Act (ATCA). Controversy raged over the Filartiga decision and the proper interpretation of the ATCA for 24 years. Then in Sosa v. Alvarez-Machain (2004), the Supreme Court issued its first ATCA decision. This essay analyzes the effect of the Sosa decision on the development of human rights law in US courts. I find that while the federal judiciary is responding to some of the Supreme Court’s directives, lower courts still retain a great deal of discretion in handling ATCA cases.

Keywords

Supra Note Federal Court Ninth Circuit Extrajudicial Killing State Doctrine 
These keywords were added by machine and not by the authors. This process is experimental and the keywords may be updated as the learning algorithm improves.

Copyright information

© Springer Science+Business Media B.V. 2007

Authors and Affiliations

  1. 1.Department of Political ScienceUniversity of MarylandBaltimoreUSA

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