Incredibly honored to see the paper as "Highly Recommended"!
The piece reinterprets tort rights of action as a mechanism of epistemic resistance, particularly for marginalized victims of corporate abuse.
Substantive update coming soon after the ATS is now gutted in Cisco v. Doe. Stay tuned!
Bose on Rights of Action and Epistemic Injustice
Debadatta Bose (University of California, Berkeley - School of Law) has posted Can the Subaltern Sue?...
legaltheoryblog.com
Bose on Rights of Action and Epistemic Injustice
Debadatta Bose (University of California, Berkeley - School of Law) has posted Can the Subaltern Sue? on SSRN. Here is the abstract: Why do marginalized victims of corporate human rights abuses sue transnational corporations when their chances of winning compensation are almost zero? In cases like Nestlé v. Doe, foreign plaintiffs utilize private law tools like the Alien Tort Statute not necessarily to secure monetary compensation, but to assert themselves as holders of rights.