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Reparations: A Remedies Law Perspective, Darren Hutchinson
Reparations: A Remedies Law Perspective, Darren Hutchinson
Darren L Hutchinson
This article provides a general overview of reparations discourse in the United States and offers suggestions concerning how advocates of reparations might frame their claims. The author discusses how remedies law might be a useful means of redress for litigants and examines some of the political and legal barriers to reparations in the United States. The barriers include the failure of opponents to treat remedies for gross human rights or civil rights deprivations as a public good, rather than as a series of private transactions that benefit or burden individuals. The author ultimately sets the litigation model aside as providing …
Chasing 'Enemy Combatants' And Circumventing International Law: A License For Sanctioned Abuse, Peter J. Honigsberg
Chasing 'Enemy Combatants' And Circumventing International Law: A License For Sanctioned Abuse, Peter J. Honigsberg
Peter J Honigsberg
In 1944, in Korematsu v. United States, the Supreme Court made a major error in judgment. It ruled that the executive may forcibly remove over 110,000 Japanese Americans from their homes and relocate them in American detention camps. In two recent Supreme Court cases, Hamdi v. Rumsfeld and Hamdan v. Rumsfeld, the court made similar errors in judgment by accepting the administration's term "enemy combatant." The Supreme Court's errors were compounded when Congress passed the Military Commissions Act of 2006 in October, 2006, statutorily defining the term enemy combatant for the first time. By acknowledging the term enemy combatant, the …