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Full-Text Articles in Law
Denial Is Not An Option, Or Is It? How The Turkish Denial Of The Armenian Genocide Blocked Recovery In The United States, Samuel E. Plutchok
Denial Is Not An Option, Or Is It? How The Turkish Denial Of The Armenian Genocide Blocked Recovery In The United States, Samuel E. Plutchok
University of Massachusetts Law Review
Many articles have been written on the Armenian Genocide, both in the context of how to obtain Turkish recognition and how to obtain monetary relief in the courts of the United States. This Article summarizes the issues with the Movsesian III holding with regards to lack of precedent and the Ninth Circuit’s failure to follow the Supreme Court’s trend of limiting preemption. This Article then analyzes related decisions from four other circuits, demonstrating a clear circuit split on judicial understanding of the 5-4 Supreme Court ruling in Garamendi. This Article provides a roadmap to a friendly forum for victims of …
Truth Seeking: The Lenahan Case And The Search For A Human Rights Remedy, Margaret B. Drew
Truth Seeking: The Lenahan Case And The Search For A Human Rights Remedy, Margaret B. Drew
Faculty Publications
Part I of this essay addresses the role of determining truth as part of human rights remedies. Truth is essential so that all involved may provide appropriate remedies to those harmed, as well as to open a gateway to whatever level of healing and change is possible under the circumstances. Part II discusses the procedural history of Town of Castle Rock v. Gonzales and explores the comparative findings and goals of the U.S. legal system within the human rights framework. The U.S. and IACHR Gonzales-Lenahan cases are used as comparative exemplars. The application of truth seeking principles to the Lenahan …