Journals Higher Education



Published: 23 February 2017

280 Pages


ISBN: 9780190495282

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Constitutional Torts and the War on Terror

James E. Pfander

  • Examines the judicial response to human rights claims arising from the Bush Administration's war on terror
  • Traces the history of common law accountability, the rise of Bivens claims, and the post-Bivens history of constitutional tort litigation
  • Evaluates the failure of Bivens litigation arising from the war on terror, while considering and rejecting the arguments raised
  • Provides the tools needed for the Supreme Court to rethink its Bivens jurisprudence
  • Discusses the future role that federal courts can play in ensuring government accountability