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Full-Text Articles in Law
No Place To Call Home: The Iraqi Kurds Under The Ba’Ath, Saddam Hussein, And Isis, Craig Douglas Albert Ph.D.
No Place To Call Home: The Iraqi Kurds Under The Ba’Ath, Saddam Hussein, And Isis, Craig Douglas Albert Ph.D.
Chicago-Kent Law Review
The Kurds are the world’s largest ethnonational group without their own state. They have often been the target of ethnic strife and discrimination. Even within their semi-autonomous territory, Iraqi Kurds have faced humiliation and oppression. This essay argues that the Kurds in Iraq have been deprived of their property and dignity and hence have been subjected to “dignity takings.” This occurred in three distinct phases: the 1970s under “Ba’athification,” the 1980s under Saddam Hussein, and at present under the Islamic State (ISIS). During each phase, the Kurds have suffered involuntary property loss through forced relocations and the destruction of homes …
Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar
Access Denied—Using Procedure To Restrict Tort Litigation: The Israeli-Palestinian Experience, Gilat J. Bachar
Chicago-Kent Law Review
Procedural barriers which limit individuals’ ability to bring lawsuits—like conditioning litigation upon the provision of a bond—are a subtle way to reduce the volume of tort litigation. The use of such procedural doctrines often spares legislatures from the need to debate the substance of legal rights, especially when those rights are politically controversial. This Article presents a case study of this phenomenon which has escaped scholarly attention, in the intriguing context of the Israeli-Palestinian Conflict. On the books, a unique mechanism enables non-Israeli citizen Palestinians of the West Bank and Gaza Strip to bring civil actions for damages against Israel …