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Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow
Foreword: Why Retry? Reviving Dormant Racial Justice Claims, Martha Minow
Michigan Law Review
Two familiar arguments oppose lawsuits and legislative efforts to address racial injustices from our national past, and a third tacit argument can be discerned. "Why open old wounds?": this question animates the first argument. The evidence is stale - this expresses the second argument. The third, less explicit objection reflects worries that exposing some gross and unremedied racial injustices from the past will reveal the scale of imperfections in the systems of justice and government and thereby undermine the legitimacy of those systems. To introduce the meticulous and passionate essays in this Colloquium, I elaborate and respond to each of …
International Law-Legal Capacity Of The United Nations-Assertion Of Claim In Behalf Of Its Agents, Paul E. Anderson S. Ed.
International Law-Legal Capacity Of The United Nations-Assertion Of Claim In Behalf Of Its Agents, Paul E. Anderson S. Ed.
Michigan Law Review
In a decision handed down April 11, 1949, the court unanimously answered question I(a) (Can the United Nations sue for damages done to itself?) affirmatively. Question I(b) (Can the United Nations sue for damages done to its agents?) was also answered in the affirmative, but over the dissent of four judges. On question II, the majority of the court asserted that a conflict between the agent's national state and the United Nations would be avoided because the United Nations would be claiming only for breach of the obligation due to it.