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The Limits Of Lex Americana: The Holocaust Restitution Litigation As A Cul-De-Sac Of International Human-Rights Law, Michael Allen Sep 2009

The Limits Of Lex Americana: The Holocaust Restitution Litigation As A Cul-De-Sac Of International Human-Rights Law, Michael Allen

Student Scholarship Papers

This article addresses the Holocaust-restitution litigation of the late 1990s, which resulted in spectacular settlements totaling over $9 billion and culminated with an Executive Agreement between Germany and the United States in 2000. Prominent law scholars such as NYU Professor Burt Neuborne and Michael Bazyler, author of Holocaust Justice: The Battle for Restitution in America's Courts (2003) and Holocaust Restitution: Perspectives on the Litigation and its Legacy (2006), have celebrated these lawsuits as a model for international human rights. Neuborne has extolled the litigation as the dawn of an era of “lex Americana,” in which multinational corporations (MNCs) have ...


A Universal Enemy? Legal Regimes Of Exclusion And Exemption Under The ‘Global War On Terror', Darryl Li Aug 2009

A Universal Enemy? Legal Regimes Of Exclusion And Exemption Under The ‘Global War On Terror', Darryl Li

Student Scholarship Papers

This essay argues that the ongoing U.S.-driven “Global War on Terror” stands apart from similar state campaigns in its special focus on confronting “foreign fighters” – armed transnational non-state Islamists operating outside their home countries – in places where the U.S. is no less foreign. This global hunt for foreign fighters animates diverse attempts to exclude similarly “out of place” Muslim migrants and travelers from legal protection by reshaping laws and policies on interrogation, detention, immigration, and citizenship. Yet at the same time, certain other outsiders – namely the U.S. and its allies – enjoy various forms of exemption from ...


Rethinking ‘Preventive Detention’ From A Comparative Perspective: Three Frameworks For Detaining Terrorist Suspects, Stella J. Burch Mar 2009

Rethinking ‘Preventive Detention’ From A Comparative Perspective: Three Frameworks For Detaining Terrorist Suspects, Stella J. Burch

Student Scholarship Papers

President Barack Obama has convened a multiagency taskforce whose remit includes considering whether the U.S. should develop a new system of ‘preventive detention’ to hold terrorist suspects. American scholars and advocates who favor the establishment of a ‘preventive detention’ regime in the United States frequently point to comparative examples in support of their argument. At the same time, advocates and scholars opposed to the introduction of such a system often turn to comparative law to bolster their arguments against ‘preventive detention.’ Thus far, however, the scholarship produced by both sides of the debate has been limited in two key ...


Regional Minorities, Immigrants, And Migrants: The Reframing Of Minority Language Rights In Europe, Stella J. Burch Jan 2009

Regional Minorities, Immigrants, And Migrants: The Reframing Of Minority Language Rights In Europe, Stella J. Burch

Student Scholarship Papers

Scholarly debate about minority language rights in Europe is usually framed in terms of concern with either "regional" language minorities (such as Basque speakers in Spain) or concern with "immigrant" language minorities (such as Turkish speakers in Germany), with the interests of the two groups being seen as distinct, or even opposed. As a consequence, scholarship in this area has thus far focused upon the fact that a two-tier system of rights exists, with both nation state governments and trans-European institutions privileging "regional" groupings, rather than "immigrant” groups, with little exploration of the relationship between the rights of the two ...


Book Review: Beyond Citizenship: American Identity After Globalization, Cristina M. Rodríguez Jan 2009

Book Review: Beyond Citizenship: American Identity After Globalization, Cristina M. Rodríguez

Faculty Scholarship Series

In Beyond Citizenship Peter Spiro advances a bracing premise: American citizenship has lost its meaning. Spiro tells the story of an institution's erosion - by forces from within, including our growing tolerance of dual citizenship and the openness of our naturalization laws, and forces from without, especially the proliferation of transnational identities and the dilution of American identity through the adoption of our culture and ideas around the globe.