Cases and Materials on Civil Terrorism Law, First Edition PDF eBook
Author: David J. Strachman
- PDF eBook
Terrorism law is an emerging field which has brought the “war on terrorism” into the courtroom. This new area of law has several unique features and has attracted widespread attention from academia, the media, the bar, and public interest groups. This new second edition is designed to fill the lack of references available for law professors, practitioners, political scientists and students.
Terrorism Litigation, Second Edition, focuses on the law and practice of litigating claims of victims of international terrorism. Author David J. Strachman discusses the major landmark cases which involve the attempts of American victims to obtain justice through the U.S. legal system. It explains applicable federal statutes including the Alien Tort Claims Act of 1789, the Anti-Terrorism Act of 1990 (“the Klinghoffer Act”), the Foreign Sovereign Immunities Act, the Flatow Amendment, Terrorism Risk Insurance Act and others. Strachman demonstrates the many differences between civil terrorism litigation, in which virtually all defendants are either rogue state sponsors of terrorism or designated terrorist organizations, and more common tort litigation which typically attempts to balance the conflicting claims of litigants.
This comprehensive text includes chapters on sovereign immunity, damages, subject matter and personal jurisdiction, policy concerns, the role of the U.S. government in terrorism cases, proving liability, defenses, financial support cases, satisfying terrorism judgments, discovery and practical concerns. It also includes a brand new chapter on the National Defense Authorization Act of 2008.
This book is an essential reference for lawyers, law professors, political scientists and students. It also serves as a complete text for law school and undergraduate courses in terrorism law.
- Historical attempts to bring terrorists to justice
- Alien Tort Claims Act of 1789
- Obtaining government information
- Maritime jurisdiction
- Foreign Sovereign Immunities Act
- Antiterrorism and Effective Death Penalty Act of 1996
- Flatow Amendment
- Klinghoffer Act
- Torture Victim Protection Act
- Terrorism Risk Insurance Act
- Algiers Accord
- Acts of war
- Personal jurisdiction: states and non-states
- Punitive damages
- ”Standard” terrorism damages
- Role of the U.S. government
- Payment of judgments
- Standard of proof