Book contents
- Frontmatter
- Contents
- Acknowledgments
- JUSTICE ACROSS BORDERS
- 1 The Seeds of Legal Accountability
- 2 Competing Forces in the Struggle for Accountability: An Overview of the Issues Entangling ATS Litigation
- 3 Human Rights Entrepreneurs: NGOs and the ATS Revolution
- 4 Separation of Powers and Human Rights Cases
- 5 No Safe Haven: Human Rights Cases Challenging Foreign Countries and Nationals
- 6 Holding Corporations Accountable for Human Rights Violations
- 7 Sorting through the Ashes: Testing Findings and Predictions through Quantitative Analysis
- 8 Impacts and Conclusion
- Index
- References
7 - Sorting through the Ashes: Testing Findings and Predictions through Quantitative Analysis
Published online by Cambridge University Press: 05 June 2012
Book contents
- Frontmatter
- Contents
- Acknowledgments
- JUSTICE ACROSS BORDERS
- 1 The Seeds of Legal Accountability
- 2 Competing Forces in the Struggle for Accountability: An Overview of the Issues Entangling ATS Litigation
- 3 Human Rights Entrepreneurs: NGOs and the ATS Revolution
- 4 Separation of Powers and Human Rights Cases
- 5 No Safe Haven: Human Rights Cases Challenging Foreign Countries and Nationals
- 6 Holding Corporations Accountable for Human Rights Violations
- 7 Sorting through the Ashes: Testing Findings and Predictions through Quantitative Analysis
- 8 Impacts and Conclusion
- Index
- References
Summary
In the preceding chapters, I examined in detail the many forces that control the development and outcome of Alien Tort Statute (ATS) and Torture Victim Protection Act (TVPA) cases in U.S. courts. In Chapter Seven, I take a quantitative look at these forces. The purpose of this chapter is to measure the relationships identified above in a systematic manner, controlling for competing factors. The analysis will address several research questions: What factors contribute to ATS case outcomes in the district courts and courts of appeals? Does ideology drive judicial decision making in these cases? Are human rights NGOs more likely to prevail than private counsel? How persuasive is the executive branch when it advocates a result in ATS cases? Are federal courts abandoning traditional doctrines of territorial jurisdiction and sovereignty and edging toward universal jurisdiction?
These issues can be effectively explained using multivariate logistic regression analysis. To analyze the factors that contribute to outcomes in ATS cases, I begin with two models. In the first, I included every federal district court case after 1959 in which the court decided an issue related to the scope, meaning, or applicability of the ATS. In the second model, I included every court of appeals case after 1959 in which the court decided an ATS issue. The dependent variable in each model was a bivariate variable that was scored 1 if plaintiffs won the ruling and 0 if defendants prevailed.
Information
- Type
- Chapter
- Information
- Justice Across BordersThe Struggle for Human Rights in U.S. Courts, pp. 239 - 265Publisher: Cambridge University PressPrint publication year: 2008
References
, , and , “Taking Time Seriously: Time-Series-Cross-Section Analysis with a Binary Dependent Variable,” American Journal of Political Science 42, no. 4 (1998): 1260–1288CrossRefGoogle Scholar
, “Justice without Borders: International Law in U.S. Courts,” Law and Policy 28, no. 1 (2006): 60–82CrossRefGoogle Scholar
and , “The Success of Amici in State Supreme Courts,” Political Research Quarterly 48, no. 1 (1995): 31–42CrossRefGoogle Scholar
and , “Interest Group Success in the Courts: Amicus Participation in the Supreme Court,” Political Research Quarterly 46 no. 2 (1993): 339–354CrossRefGoogle Scholar
and , “Debunking the Myth of Interest Group Invincibility in the Courts,” American Political Science Review 85, (1991): 205–217CrossRefGoogle Scholar
, “Interest-Group Litigation in Federal District Court: Beyond the Political Disadvantage Theory,” The Journal of Politics 52, no. 3 (1990): 854–882CrossRefGoogle Scholar
and , “On the Nature of Supreme Court Decision Making,” American Political Science Review 86 (1992): 323–337CrossRefGoogle Scholar
and , “Presidential Power and the United States Supreme Court,” Political Research Quarterly 51, no. 2 (1998): 539–550CrossRefGoogle Scholar
, “Interest Group Litigation to Enforce Human Rights,” Political Science Quarterly 105, no. 4 (1990–1991): 617–638CrossRefGoogle Scholar
and , “Federal District Judges and Presidential Power during the Post-War Era,” Journal of Politics 51 (1989): 98–118, 115CrossRefGoogle Scholar
, “The Government Gorilla: Why Does Government Come out Ahead?” in Litigation: Do the ‘Haves’ Still Come Out Ahead? ed. and (Stanford, CA: Stanford University Press, 2003)Google Scholar
and , “Repression of Human Rights,” American Political Science Review 88, no. 4 (1994): 853–872CrossRefGoogle Scholar
, “Factors Impacting the Selection And Positioning Of Human Rights Class Actions in United States Courts: A Practical Overview,” New York University Annual Survey of American Law 58 (2003): 623–647, 636Google Scholar
, “The History of Universal Jurisdiction,” in Universal Jurisdiction: National Courts And the Prosecution of Serious Crimes under International Law, ed. (Philadelphia: University of Pennsylvania Press, 2006)Google Scholar
and , Accountability for Human Rights Atrocities in International Law – Beyond the Nuremberg Legacy (New York: Oxford, 2001), 161Google Scholar
, , and , “The Hierarchy of Justice: Testing a Principal-Agent Model of Supreme Court-Circuit Court Interactions,” American Journal of Political Science 38, (1994): 673–696CrossRefGoogle Scholar
, “Splitting the Baby: An Analysis of the Supreme Court's Take on Customary International Law Under the Alien Tort Statute in Sosa v. Alvarez-Machain,” Brigham Young University Law Review (2005): 1415Google Scholar
, “How Far Is the ‘Door Ajar’? Whether Rape as Torture is Actionable under the Alien Tort Statute After Sosa,” Journal of Law & Gender 12 (Spring 2006): 685Google Scholar
, “Towards a Cosmopolitan Vision of International Law: Identifying and Defining CIL Post Sosa v. Alvarez-Machain,” University of Cincinnati Law Review 74 (Fall 2005): 105Google Scholar
, “Sosa v. Alvarez-Machain and the Future of ATCA Litigation: Examining Bonded Labor Claims and Corporate Liability,” Columbia Law Review 106 (January 2006): 112Google Scholar
, “Rape under the Alien Tort Statute in the Post–Sosa v. Alvarez-Machain Era,” George Mason Law Review 13 (Summer 2006): 935Google Scholar
, “Half Full…or Completely Empty? Environmental Alien Tort Claims Post Sosa v. Alvarez-Machain,” Georgetown International Environmental Law Review 18 (2005): 109Google Scholar
, , and , “Sosa, Customary International Law, and the Continuing Relevance of Erie,” Harvard Law Review 120 (February 2007): 869Google Scholar
and , The Supreme Court and the Attitudinal Model (New York: Cambridge University Press, 1993)Google Scholar
, , and , “Ideology, Role Orientations, and Behavior in the State Courts of Last Resort,” American Politics Quarterly 19, no. 3 (1991): 324–335CrossRefGoogle Scholar
, Justices and Presidents: A Political History of Appointment to the Supreme Court, 3rd ed. (New York: Oxford University Press, 1992)Google Scholar
and , “The Religious Right in Court: The Decision Making of Christian Evangelicals in State Supreme Courts,” Journal of Politics 19 (1999): 507–526CrossRefGoogle Scholar
and , “Policy Convergence in a Federal Judicial System: The Application of Intensified Scrutiny Doctrines by State Supreme Courts,” American Journal of Political Science 411 (1997): 122–148CrossRefGoogle Scholar
, , and , “Presidential Effects on Criminal Justice in the Lower Federal Courts: The Reagan Judges,” Law and Society Review 22 (1988): 191–200CrossRefGoogle Scholar
, , and , “Decision Making on the U.S. Courts of Appeals,” in Contemporary Courts, ed. (Washington, DC: CQ Press, 1995)Google Scholar
, “Personal Attribute Models of the Voting Behavior of U.S. Supreme Court Justices: Liberalism in Civil Liberties and Economics Decisions, 1946–1978,” American Political Science Review 75 (1981): 355–367CrossRefGoogle Scholar
, “Graphical Interpretation of Variance Inflation Factors,” The American Statistician 49 (1995):53–56Google Scholar
Accessibility standard: Unknown
Accessibility compliance for the PDF of this book is currently unknown
and may be updated in the future.