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The Role Of The Executive Branch

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Chapter Summary

This chapter begins with an examination of the various means by which the executive branch can express its views to the courts: suggestions of immunity, statements of interest, letters to the court, declarations, or amicus curiae briefs. It discusses the means by which litigants can attempt to solicit, block, or influence the content of administration submissions. Depending on the anticipated stance of the U.S. executive branch, a party may wish to consider approaching administration officials directly; asking that the court request the executive branch's views; opposing such a request; or challenging the legal basis and factual arguments of a submission after it has been filed with the court. The chapter examines the varying degrees of deference the courts afford to executive branch statements on different issues. It summarizes the views that the various administrations have expressed toward Alien Tort Statute (ATS) litigation.

Keywords: Alien Tort Statute (ATS) litigation; U.S. executive branch



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