Litigation Dilemmas: Lessons from the Marcos Human Rights Class Action

37 Pages Posted: 14 Jul 2016 Last revised: 25 Feb 2017

See all articles by Nate Ela

Nate Ela

Temple University Beasley School of Law

Date Written: June 28, 2016

Abstract

How do activist plaintiffs experience the process of human rights litigation under the Alien Tort Statute (ATS)? Answering this question is key to understanding the impact on transnational legal mobilization of Kiobel v. Royal Dutch Petroleum Co., in which the US Supreme Court sharply limited the scope of the ATS. Yet sociolegal scholars know remarkably little about the experiences of ATS litigants, before or after Kiobel. This article describes how activist litigants in a landmark ATS class action against former Philippine President Ferdinand Marcos faced a series of strategic dilemmas, and how disagreements over how to resolve those dilemmas played into divisions between activists and organizations on the Philippine left. The article develops an analytical framework focused on litigation dilemmas to explain how and why activists who pursue ATS litigation as an opportunity for legal mobilization may also encounter strategic dilemmas that contribute to dissension within a social movement.

Suggested Citation

Ela, Nate, Litigation Dilemmas: Lessons from the Marcos Human Rights Class Action (June 28, 2016). Law and Social Inquiry, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2807208

Nate Ela (Contact Author)

Temple University Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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