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P u b l i s h e d b y C a m b r i d g e U n i
v e r s i t y P r e s s From The Law and Politics Book Review: ÒJustice Across Borders is an
in-depth and fascinating examination of human rights litigation in American
courtsÉ. [It] is a detailed, well-researched, carefully analyzed, and
cogently argued book; it answers pivotal questions on how [the Alien Tort
Statute] has become a new tool in overcoming territorial limitations in
pursuing international human rights violations very thoroughly and in a
highly readable and engaging manner. I have made this book required reading
for my seminar on international human rightsÉ.Ó Srini Sitaraman, Associate
Professor Government and International
Relations, Clark University From Humanities and Social Sciences: ÒJeffrey Davis, a lawyer and
political scientist, has written an important book that traces the
development of human rights law under the Alien Tort Statute (ATS), the
crucial role of nongovernmental organizations (NGOs) in creating and
litigating these cases, and the implications such cases have for relations
among government branches and with other nationsÉ. This text is excellent in
inviting discussion of law and litigation generally, and in the field of
human rights more specifically. What is a lawsuit for? Should courts defer to
the executive branch, largely entrusted with the conduct of foreign policy,
or is it important that courts should hold the executive accountable for its
decisions? Could lawsuits against U.S. corporations lead to a worsening of
standards, as they withdraw from some areas for fear of suit, to be replaced
by more callous foreign corporations?
ÉDavis has made a valuable contribution that brings together
scholarship from political science and human rights law.Ó Paul Parker, Professor of
Political Science Truman State University From Harvard Law Review ÒIn this interesting and
arresting book, Professor Jeffrey Davis details both the legal maneuverings
of ATS plaintiffs in U.S. courts and the tragic circumstances that lead them
there in the first place. Professor Davis frames his analysis around the
numerous players - from the Supreme Court and the executive branch to NGOs
and private corporations - whose interactions in the U.S. legal system have
shaped modern ATS case law. He succeeds in painting a detailed and
instructive portrait of the role these various entities can play in human
rights litigation, and he provides a thoughtful analysis of the many complex
legal issues that such litigation entails. In the end, Professor Davis's
project is a hopeful one, detailing how U.S. courts in the wake of Filartiga have provided a real and meaningful forum for
many victims who had no opportunity in their home countries to bring their
oppressors to justice.Ó --- ÒJustice Across Borders makes
a tremendous contribution to the field of human rights. It moves beyond a strictly legalistic approach to human
rights and exposes the full range of actors and the complex politics
informing the development of human rights jurisprudence in U.S. courts. Well researched and tightly argued,
the book offers particularly strong analysis of NGO involvement and executive
branch involvement, and yet it deserves to be read from cover to cover by
both students and practitioners seeking to understand the historical
development of human rights claims in U.S. courts. The human rights field is moving towards increasing use of
courts. Justice Across
Borders will prove to be a
useful text for years to come.Ó Julie Mertus Associate Professor
and Co-Director of the Ethics, Peace and Global Affairs Program The American University, School of International
Service ÒIn Justice Across Borders,
Jeffrey Davis makes an indispensable and innovative contribution to the study
of human rights and the growing literature on international justice. Mixing detailed case studies with
quantitative analysis, Davis reveals the transformative role of litigation in
the search for justice. He also
reminds us that individuals – from survivors of mass atrocities to the
public interest lawyers who represent them – play an essential role in
this search.Ó William J. Aceves,
Associate Dean for Academic Affairs California Western School of
Law "A compelling account of
how a little-known statute from 1789 spawned a human rights revolution, and a
nuanced analysis of the forces that have driven -- and opposed -- that
transformation." David Cole Professor of Law Georgetown University |
