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Full-Text Articles in Law
Amici Curiae Observations On Sexual- And Gender-Based Crimes, Particularly Sexual Slavery, And On Cumulative Convictions Pursuant To Rule 103 Of The Rules Of Procedure And Evidence, Jocelyn Getgen Kestenbaum
Amici Curiae Observations On Sexual- And Gender-Based Crimes, Particularly Sexual Slavery, And On Cumulative Convictions Pursuant To Rule 103 Of The Rules Of Procedure And Evidence, Jocelyn Getgen Kestenbaum
Amicus Briefs
Sexual slavery is not a “form” of enslavement; rather, all acts of a sexual nature, including control over sexuality, sexual integrity and sexual and reproductive autonomy, constitute indicia of the exercise of powers of ownership of enslavement in all its forms. Consequently, enslavement as a crime against humanity is not “in the abstract entirely encompassed within sexual slavery.” To avoid entering cumulative convictions for separately enumerated crimes that do not each have a distinct element from the other, and to avoid a continuation of a discriminatory application of the law, amici suggest that, in the interests of justice, the …
For Facebook’S Sake: Getting Conversant With Human Rights, Deborah Pearlstein
For Facebook’S Sake: Getting Conversant With Human Rights, Deborah Pearlstein
Online Publications
Each time I read a new article or interview with an American lawyer or legal scholar reacting to the recent decision by the Facebook Oversight Board (FOB) to invoke international human rights law in sustaining Facebook’s suspension of Donald Trump – I feel seized by the impulse to respond with an unsolicited public primer on what international human rights law (IHRL) is. It is not an unfamiliar feeling. On the contrary, the impulse (which I experience as uncomfortably paternalistic) has emerged repeatedly in the past, say, 20 years, during any one of countless exchanges with lawyers or academics who have …
From The Frying Pan To The Fire: Scotus’ Fsia Inaction As Further Permitting Executive Branch Intervention In “Takings Exception” Cases And Its Consequences In Forcing Holocaust Plaintiffs To Return To Europe, Richard H. Weisberg
Articles
The Supreme Court of the United States (“SCOTUS”) very recently punted and left wide a circuit split on a key question under the Foreign Sovereign Immunities Act (“FSIA”): Do plaintiff Holocaust victims need to return to the country that wronged them in order to proceed in a United States federal court that otherwise had jurisdiction over their claims? While sending down unresolved a conflict between the D.C. and Seventh Circuits, in a companion case also involving Holocaust victims, SCOTUS essentially ended an action against Germany by taking the strong suggestion of the Executive Branch through its Solicitor General that a …