Böcker av James E. (Owen L. Coon Professor of Law Pfander

As it interprets the U.S. Constitution, the Supreme Court defines the rights of individuals and referees disputes between the branches of government. For many years, the Court has limited access to those claimants who satisfy a shifting and sometimes amorphous case-or-controversy requirement. Drawing on historical practice to clarify the meaning of the constitutional terms in question, this book calls upon the Court to offer broader access to federal court andgreater deference to congressional choices.

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'svictims. The silence of the federal courts leaves victims without redress and the constitutional limits on government action undefined.