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Full-Text Articles in Legal History

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 ...


From Litigation, Legislation, Cristina M. Rodríguez Jan 2008

From Litigation, Legislation, Cristina M. Rodríguez

Faculty Scholarship Series

Brian Landsberg puts lawyers at the center of history. In Free at Last To
Vote: The Alabama Origins of the 1965 Voting Rights Act,1 Landsberg tells the story of the Department of Justice (DOJ) attorneys who spent the early 1960s bringing case after case against recalcitrant local officials in Alabama to enforce the voting rights provisions of the civil rights statutes that preceded the landmark Voting Rights Act of 1965 (VRA). In the popular imagination and in broadly framed historical accounts, the VRA represents the culmination
of grassroots civil rights struggle and hardball national politics. But Landsberg reminds us ...


Tribe, Kenji Yoshino Jan 2007

Tribe, Kenji Yoshino

Faculty Scholarship Series

I met Larry Tribe in 1997 at a dinner party in Cambridge, Massachusetts. To
introduce me to her colleagues, Harvard Professor Martha Minow asked me which of the University's scholars I would like to invite to my ideal dinner. As a newly minted professor, it took me a moment to realize this was not an interview question, but her characteristically generous attempt to construct a guest list. I asked for Larry Tribe and Helen Vendler. I had been lucky enough to take a seminar on modem poetry with Vendler as an undergraduate at Harvard. But neither Vendler nor I ...


Multiple Ironies: Brown At 50, Ronald S. Sullivan Jr. Jan 2003

Multiple Ironies: Brown At 50, Ronald S. Sullivan Jr.

Faculty Scholarship Series

Brown v. Board of Education occupies a vaunted space in American
jurisprudence. One commentator writes that Brown is the most
celebrated case in the Court's history. Equally laudatory, another
commentator remarks: "In the half century since the Supreme Court's
decision, Brown has become a beloved legal and political icon." A
third proclaims that, "Brown forever changed the role of the United States Supreme Court in American politics and society." To the lay
public, Brown sits among a small pantheon of cases that is widely recognizable
to the average American.' Miranda and Roe v. Wade
likely are the only ...


Book Review: To Secure These Rights: The Report Of The President's Committee On Civil Rights, Felix S. Cohen Jan 1948

Book Review: To Secure These Rights: The Report Of The President's Committee On Civil Rights, Felix S. Cohen

Faculty Scholarship Series

THE President's Committee has received a well-deserved accolade of praise
from the civilized, and of brickbats from the blood-fanatics, for its report on
civil rights in America, of which more than a million copies have been reprinted.
So far as I know, however, none of the commentators on this important
document has noted that it is not the first in its field. Some 78 years
before the landing of the Pilgrims, the first comprehensive report on the civil
rights of Americans was completed. In the concluding paragraphs of his
report, dated December 8, 1542, Fra Bartholomew de las Casas ...


Book Review: The Alien And The Asiatic In American Law, Felix S. Cohen Jan 1947

Book Review: The Alien And The Asiatic In American Law, Felix S. Cohen

Faculty Scholarship Series

This treatise on the two chief outcasts of our constitutional system, the
alien and the Asiatic, is a timely probing of the depth of our American democracy.
Its list of legal atrocities constitutionally committed upon Americans or
would-be Americans who did not have the foresight to be born in the proper
places has all the macabre fascination of old ethnology books which recount
the horrors found by missionaries among benighted peoples lacking properly
supported agencies of civilization and true religion.
Today, more than ever, such a study has meaning even for native-born
Americans of whitest ancestry. For none of us ...


State Indemnity For Errors Of Criminal Justice, Edwin Borchard Jan 1941

State Indemnity For Errors Of Criminal Justice, Edwin Borchard

Faculty Scholarship Series

All too frequently the public is shocked by the news that Federal or State authorities have convicted and imprisoned a person subsequently proved to have been innocent of any crime. These accidents in the administration of the criminal law happen either through an unfortunate concurrence of circumstances or perjured testimony or are the result of mistaken identity, the conviction having been obtained by zealous prosecuting attorneys on circumstantial evidence. In an earnest effort to compensate in some measure the victims of these miscarriages of justice, Congress in May 1938 enacted a law "to grant relief to persons erroneously convicted in ...


Supreme Court And Private Rights, Edwin Borchard Jan 1938

Supreme Court And Private Rights, Edwin Borchard

Faculty Scholarship Series

Some of the social-political theories which influenced the framers of the Constitution were derived from Locke, Hume, Harrington, Coke and Blackstone. These men were less concerned with forms of government than with the relation between society as a whole and its individual members. They were sure that the individual possessed certain indefeasible, primordial rights and that government was designed to protect these rights against encroachment by the state or by classes within it. Perhaps the most important of these private rights was that of property, associated by Locke with liberty and often identified with it.' Thus, the effort of the ...


Taney's Influence On Constitutional Law, Edwin Borchard Jan 1936

Taney's Influence On Constitutional Law, Edwin Borchard

Faculty Scholarship Series

The hundredth anniversary of the elevation of Roger Brooke Taney to the post of Chief Justice of the Supreme Court affords a fitting occasion to review the significance of his judicial services to the nation and to American constitutional law. A re-examination of his life work in the perspective of history indicates how unwise it often is to form rigid judgments on men and events in the excitement of contemporary emotion, for the harsh opinions which Taney evoked by his decisions on the slavery question have been tempered in the detached light reason. The historical cloud under which his name ...