Home -> Law Blog Directory -> Academic Blogs -> Legal Theory Blog

Academic

: Legal Theory Blog

Percival on Administrative Torture Victim Compensation

By Lawrence Solum

Lynn C. Percival IV has posted Article I Torture Courts: Can Administrative Law Serve as a Constitutional Means of Compensation and Deterrence? on SSRN. Here is the abstract:

This Paper evaluates the constitutionality of an administrative law approach to torture victim compensation and torture deterrence. Notwithstanding Jose Padilla?s initial trial court success against John Yoo, individuals that have been tortured in the course of the war on terror have little hope of obtaining monetary compensation. Commentators have reacted with a variety of proposals nested in administrative law. Unfortunately, forcing the federal government to pay damages is unlikely to deter torture - claims against federal officials might be necessary. I argue that under a permissive reading of Granfinanciera v. Nordberg, the Supreme Court?s most recent public rights decision, Congress can create Article I tribunals that adjudicate claims for money damages against federal officials.

Full post as published by Legal Theory Blog on June 26, 2010 (boomark / email).