Constitutional Torts and the War on Terror

James E. Pfander, the Owen L. Coon Professor of Law at the Northwestern Pritzker School of Law, teaches civil procedure, conflicts of law, federal jurisdiction, and constitutional law. A member of the American Law Institute, Pfander has served as chair of the procedure and jurisdiction sections of the Association of American Law Schools. His books and monographs include textbooks in procedure and jurisdiction, a forthcoming third edition of the book, Principles of Federal Jurisdiction (2017), and a book on the structure of the federal judiciary: One Supreme Court: Supremacy, Inferiority and the Judicial Power of the United States (Oxford 2009). He has published dozens of scholarly articles and essays in such journals as the Harvard Law Review, the Yale Law Journal, and the Columbia Law Review.

Acknowledgments

Introduction

Part I: The Common Law Origins of Government Accountability

Chapter One: Government Accountability in the Nineteenth Century

Chapter Two: Bivens and Government Accountability in the Twentieth Century

Part II: Evaluating Human Rights Litigation in War-on-Terror Cases

Chapter Three: Human Rights and War on Terror Litigation

Chapter Four: Evaluating the Effectiveness of Bivens Litigation

Chapter Five: Evaluating Justifications for Judicial Silence

Part III: Reviving the Bivens Action

Chapter Six: Congressional Ratification of the Bivens Action

Chapter Seven: Applying Bivens to Conduct Overseas

Chapter Eight: Overcoming Qualified Immunity

Chapter Nine: Common Law Solutions to Judge-Made Problems

Appendix: An Empirical Assessment of Bivens Claims / by Ross J. Corbett and James E. Pfander

Table of Authorities

Bibliography

Index