- Hardcover: 280 pages
- Publisher: Oxford University Press; 1 edition (January 18, 2017)
- Language: English
- ISBN-10: 0190495286
- ISBN-13: 978-0190495282
- Product Dimensions: 9.1 x 1 x 6.4 inches
- Shipping Weight: 1 pounds (View shipping rates and policies)
- Amazon Best Sellers Rank: #1,272,384 in Books (See Top 100 in Books)
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Constitutional Torts and the War on Terror 1st Edition
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"From William Blackstone to William Brennan, from John Marshall to the younger John Marshall Harlan, many of our greatest jurists have championed the remedial imperative-the need for robust judicial remedies to vindicate basic legal rights. In this wise and careful book, one of the best legal minds of the current generation, James Pfander, reinvigorates this grand legal tradition, explaining how ancient legal principles must be refreshed to meet modern challenges."
Akhil Reed Amar, Sterling Professor of Law and Political Science, Yale University
"Not a single U.S. official who participated in torture in the wake of 9/11 has been held accountable for his actions; many victims have sued, but not a single one has received compensation. James Pfander offers a bracing account of judicial abdication in the face of brutal illegality, and a cogent and persuasive argument for the resurrection of the judiciary's role in holding government wrongdoers accountable for unconstitutional national security initiatives in the future."
David Cole, Professor, Georgetown University Law Center
"James Pfander is the nation's leading authority on constitutional torts. In this outstanding new book, he examines why U.S. courts have failed to provide redress for governmental abuses in the wars that began on 9/11, and argues for a reinvigoration for the Bivens doctrine that allows individuals to recover damages from government for constitutional wrongs. By drawing on both a forgotten nineteenth century jurisprudence and a number of imaginative practical mechanisms, Pfander makes a powerful case that courts can adjudicate constitutional wrongs in ways that clarify constitutional wrongs in ways that clarify constitutional norms and compensate victims of government wrongdoing while at the same time not unduly deterring official action." - Jack Goldsmith, Henry L. Shattuck, Professor of Law, Harvard University Law School
"Pfander's book . . . provides a simply stunning historical, doctrinal, and normative account of why damages remedies for unconstitutional federal conduct are so important-especially, as the book's title suggests, in the context of post-September 11 counterterrorism policies in general, and detainee mistreatment in particular. But perhaps the most important feature of Pfander's work is its overclaimed modesty. Although the monograph points to the torture of post-September 11 detainees as the constitutional violation most in need of judicial accountability via Bivens, the sobering reality is that it has become increasingly difficult for plaintiffs to invoke Bivens across the board, including in contexts increasingly removed both geographically and substantively from contemporary counterterrorism policy." - Steve Vladeck, Lawfare
About the Author
James E. Pfander, the Owen L. Coon Professor of Law at the Northwestern Pritzker School of Law, teaches civil procedure, conflicts of law, federal jurisdiction, and constitutional law. A member of the American Law Institute, Pfander has served as chair of the procedure and jurisdiction sections of the Association of American Law Schools. His books and monographs include textbooks in procedure and jurisdiction, a forthcoming third edition of the book, Principles of Federal Jurisdiction (2017), and a book on the structure of the federal judiciary: One Supreme Court: Supremacy, Inferiority and the Judicial Power of the United States (Oxford 2009). He has published dozens of scholarly articles and essays in such journals as the Harvard Law Review, the Yale Law Journal, and the Columbia Law Review.
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