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Full-Text Articles in Law
Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser
Human Rights Violations As Mass Torts: Compensation As A Proxy For Justice In The United States Civil Litigation System, Elizabeth J. Cabraser
Vanderbilt Law Review
On July 26, 2000, final approval was granted to a landmark $1.25 billion settlement of the claims of an international class of Holocaust victims against Swiss Banks that engaged in massive looting and misappropriation of assets entrusted to them by hundreds of thousands of Jews and other groups imprisoned, murdered, and dislocated by the Nazi regime. The Swiss Banks complaints linked the actions of Swiss financial institutions to the Nazi regime and its program of genocide.
The Swiss Banks litigation was brought and settled under federal class action rules in the United States District Court for the Eastern District of …
Appellate Courts, Historical Facts, And The Civil-Criminal Distinction, Chad M. Oldfather
Appellate Courts, Historical Facts, And The Civil-Criminal Distinction, Chad M. Oldfather
Vanderbilt Law Review
Among the pieties of our legal system is the notion that appellate courts do not engage in factual evaluation. Murky though the distinction between "fact" and "law" may be,' there is general agreement that somewhere along the fact-law spectrum lies a point beyond which appellate courts ought not venture. Past it exist questions of "historical fact," the "who, when, what, and where" series of questions that we have deemed only juries or trial judges to be capable of answering.
Just as well accepted is the reasoning behind this juridical line in the sand. Simply put, we believe that appellate courts …