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Articles 1 - 30 of 69
Full-Text Articles in Law
Margins Of Empire: The Sakhalin Koreans’ Long Saga Home, Timothy Webster
Margins Of Empire: The Sakhalin Koreans’ Long Saga Home, Timothy Webster
Faculty Scholarship
Migration carries with it many risks, from perilous journeys along risky corridors to hostile environments in one's adopted country. But what happens when migrants cannot return home? This Article examines the difficulties endured by Sakhalin Koreans, a group of ethnic Koreans who emigrated to Sakhalin Island during the Japanese colonial period and found themselves stranded in a foreign country (the Soviet Union) for the next half century. After recounting the migration of Koreans to Sakhalin, and analyzing lawsuits filed in Japan to repatriate them, it analyzes the infirmities of the international human rights system and the challenges of repatriating a …
The Minds Behind The Movement: The Role Of Academics In East Asia’S War Reparations Litigation, Timothy Webster
The Minds Behind The Movement: The Role Of Academics In East Asia’S War Reparations Litigation, Timothy Webster
Faculty Scholarship
East Asia's war compensation litigation simultaneously unites diverse regional actors (lawyers, survivors, activists) and fray international relations (as recent verdicts from South Korea attest). However, one view of the merits of these lawsuits is that they have reconfigured transnational activism in East Asia, exhumed forgotten and suppressed histories of Japanese aggression, and on occasion compensated victims of World War II. This Article highlights the role of Chinese, Japanese, Korean, Taiwanese activists, lawyers and scholars in researching, filing, litigating and appealing over 80 lawsuits between 1972 and the present.
South Korea Shatters The Paradigm: Corporate Liability, Historical Accountability, And The Second World War, Timothy Webster
South Korea Shatters The Paradigm: Corporate Liability, Historical Accountability, And The Second World War, Timothy Webster
Faculty Scholarship
South Korea is currently revising its interpretation of Japanese colonialism, and the fallout from World War II more generally. In 2018, the Supreme Court of South Korea issued two opinions that staked new ground in this process of legal revision. First, by holding Japanese multinational enterprises legally liable for events that took place in the early 20th century, the verdicts fissure a wall of corporate impunity that courts in Japan, the United States and many Western jurisdictions have erected over the past three decades. Second, by situating the decisions within Korea’s own colonial past, the judgments advance a post-colonial jurisprudence …
Retooling Sanctions: China’S Challenge To The Liberal International Order, Timothy Webster
Retooling Sanctions: China’S Challenge To The Liberal International Order, Timothy Webster
Faculty Scholarship
Professor Tom Ginsburg has produced yet another classic of transnational law, political science, and international relations. Democracies and International Law yields important insights into the democratic nature of international law but cautions that authoritarian states can apply these very legal technologies for repressive or anti-democratic purposes. Building on Ginsburg’s theories of mimicry and repurposing, this contribution highlights the role of both techniques in the creation of China’s economic sanctions program. On the one hand, China has developed a basic set of tools to impose economic sanctions—a key instrument in the liberal international toolkit—on foreign entities and persons. In so doing, …
Transgender Rights & The Eighth Amendment, Jennifer Levi, Kevin M. Barry
Transgender Rights & The Eighth Amendment, Jennifer Levi, Kevin M. Barry
Faculty Scholarship
The past decades have witnessed a dramatic shift in the visibility, acceptance, and integration of transgender people across all aspects of culture and the law. The treatment of incarcerated transgender people is no exception. Historically, transgender people have been routinely denied access to medically necessary hormone therapy, surgery, and other gender-affirming procedures; subjected to cross-gender strip searches; and housed according to their birth sex. But these policies and practices have begun to change. State departments of corrections are now providing some, though by no means all, appropriate care to transgender people, culminating in the Ninth Circuit’s historic decision in Edmo …
The Long Tail Of World War Ii: Jus Post Bellum In Contemporary East Asia, Timothy Webster
The Long Tail Of World War Ii: Jus Post Bellum In Contemporary East Asia, Timothy Webster
Faculty Scholarship
The shadow of World War II still looms over East Asia. Unlike the West, issues of state accountability, corporate liability, and individual reparation roil the victims, governments, and civil society organizations. It stills form a critical, often controversial, backdrop for international relations among China, Japan, Korea, and other Asian nations. This chapter fills an important gap by focusing on jus post bellum outside of the West. The chapter examines the results, motivations, and achievements of civil litigation, namely approximately one hundred World War II reparations lawsuits filed in Japan. In so doing, it answers three related questions. Why does World …
Disaggregating Corporate Liability: Japanese Multinationals And World War Ii, Timothy Webster
Disaggregating Corporate Liability: Japanese Multinationals And World War Ii, Timothy Webster
Faculty Scholarship
The past two decades have witnessed unprecedented attention to corporate legal liability for human rights abuses. Yet the supporting jurisprudence is relatively thin. Scholars generally agree that corporations can incur legal liability for serious violations of international human rights law. But courts find any number of ways to avoid such a result. This Article finds qualified support for an emergent norm of corporate civil liability from recent litigation in Japan. Specifically, the transnational war reparations litigation of the past three decades has yielded a consistent jurisprudence of qualified liability. Courts detail the abuses committed by Japan's largest multinational corporations, and …
N Dakota Pipeline Protest Is A Harbinger Of Many More, Lauren Carasik
N Dakota Pipeline Protest Is A Harbinger Of Many More, Lauren Carasik
Media Presence
No abstract provided.
A Dismal Day For Human Rights In The Us, Lauren Carasik
A Dismal Day For Human Rights In The Us, Lauren Carasik
Media Presence
No abstract provided.
Obama Must Halt Raids On Central American Refugee Families, Lauren Carasik
Obama Must Halt Raids On Central American Refugee Families, Lauren Carasik
Media Presence
No abstract provided.
Impunity In Tamir Rice Killing Intensifies Demands For Systemic Reform, Lauren Carasik
Impunity In Tamir Rice Killing Intensifies Demands For Systemic Reform, Lauren Carasik
Media Presence
No abstract provided.
Obama’S National Security Exceptionalism, Sudha Setty
Obama’S National Security Exceptionalism, Sudha Setty
Faculty Scholarship
This Article discusses how continued national security exceptionalism engenders a view of the United States as considering itself to be above international obligations to investigate and prosecute torturers and war criminals, and the view by the global community that the United States is willing to apply one standard for itself, and another for the rest of the world. Exceptionalism not only poses real challenges in terms of law, morality, and building useful relationships with allied nations, but acts as a step backward for the creation of enforceable international norms and standards, and in efforts to restore a balance in the …
Us May Be Complicit In War Crimes In Yemen, Lauren Carasik
Us May Be Complicit In War Crimes In Yemen, Lauren Carasik
Media Presence
No abstract provided.
Alabama’S Dmv Closures Reinforce Need To Restore The Voting Rights Act, Lauren Carasik
Alabama’S Dmv Closures Reinforce Need To Restore The Voting Rights Act, Lauren Carasik
Media Presence
No abstract provided.
Will Oklahoma Put An Innocent Man To Death?, Lauren Carasik
Will Oklahoma Put An Innocent Man To Death?, Lauren Carasik
Media Presence
No abstract provided.
Guatemala Needs Profound Change, Lauren Carasik
Obama’S Failure Of Leadership On Gitmo, Lauren Carasik
Obama’S Failure Of Leadership On Gitmo, Lauren Carasik
Media Presence
No abstract provided.
Gutting Schools Won’T Solve Puerto Rico’S Debt Crisis, Lauren Carasik
Gutting Schools Won’T Solve Puerto Rico’S Debt Crisis, Lauren Carasik
Media Presence
No abstract provided.
The World Bank Has An Accountability Problem, Lauren Carasik
The World Bank Has An Accountability Problem, Lauren Carasik
Media Presence
No abstract provided.
Equal Justice Remains Elusive For The Poor, Lauren Carasik
Equal Justice Remains Elusive For The Poor, Lauren Carasik
Media Presence
No abstract provided.
Stop Mass Deportation From The Dominican Republic To Haiti, Lauren Carasik
Stop Mass Deportation From The Dominican Republic To Haiti, Lauren Carasik
Media Presence
No abstract provided.
Canada Confronts ‘Cultural Genocide’ Against Aboriginal People, Lauren Carasik
Canada Confronts ‘Cultural Genocide’ Against Aboriginal People, Lauren Carasik
Media Presence
No abstract provided.
Revelations On Fbi Spy Fleet Cloud Surveillance Reform, Lauren Carasik
Revelations On Fbi Spy Fleet Cloud Surveillance Reform, Lauren Carasik
Media Presence
No abstract provided.
End Sexual Exploitation By Peacekeepers, Lauren Carasik
End Sexual Exploitation By Peacekeepers, Lauren Carasik
Media Presence
No abstract provided.
Stop Warehousing The Mentally Ill In Prisons, Lauren Carasik
Stop Warehousing The Mentally Ill In Prisons, Lauren Carasik
Media Presence
No abstract provided.
Land-Rights Defenders Face Growing Threat, Lauren Carasik
Land-Rights Defenders Face Growing Threat, Lauren Carasik
Media Presence
No abstract provided.
Us Aid Proposal Could Worsen Violence In El Salvador, Lauren Carasik
Us Aid Proposal Could Worsen Violence In El Salvador, Lauren Carasik
Media Presence
No abstract provided.
Us Should End Solitary Confinement, Lauren Carasik
Us Should End Solitary Confinement, Lauren Carasik
Media Presence
No abstract provided.
France Should Fully Investigate Guantánamo Torture Claims, Lauren Carasik
France Should Fully Investigate Guantánamo Torture Claims, Lauren Carasik
Media Presence
No abstract provided.
The Right To Counsel Must Be Protected And Expanded, Lauren Carasik
The Right To Counsel Must Be Protected And Expanded, Lauren Carasik
Media Presence
No abstract provided.