Questioning The Political Question Doctrine: Inconsistent Applications In Reparations And Alien Tort Claims Act Litigation

Authors

• Shelley Buchanan, Benjamin N. Cardozo School of Law

Abstract

The note argues that while transnational public law litigants have successfully used U.S. courts to address human rights violations under the Alien Tort Claims Act (ATCA), African American reparations claims for slavery have been systematically dismissed on procedural grounds, particularly under the political question doctrine. This disparity highlights the inconsistent application of the doctrine, with recent ATCA cases narrowing its scope, while African American slave redress cases continue to face strict dismissal. The note advocates for a more consistent application of the political question doctrine across all human rights litigation, including slave redress, to ensure fairness and maintain the U.S. international reputation.

Disciplines

Human Rights Law | Law | Legal History | Legal Remedies | Torts

Recommended Citation

Shelley Buchanan, Questioning The Political Question Doctrine: Inconsistent Applications In Reparations And Alien Tort Claims Act Litigation, 17 Cardozo J. Int'l & Comp. L. 345 (2009).
Available at: https://larc.cardozo.yu.edu/cjicl/vol17/iss2/6