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Full-Text Articles in Law
How Should A Court Deal With A Primary Question That The Legislature Seeks To Avoid?, Gidon Sapir
How Should A Court Deal With A Primary Question That The Legislature Seeks To Avoid?, Gidon Sapir
Vanderbilt Journal of Transnational Law
Legislative avoidance of principled decisions on substantive questions by transferring the decision-making task to the executive branch, is a frequent scenario. The legislature does this by way of either express or hidden delegation, i.e., by using ambiguous wording that on its face only requires interpretation but which in fact requires a substantive decision on the matter at stake. The Israeli legislature resorted to the hidden delegation tactic to avoid the adoption of a substantive decision in the dispute over the question of who is a Jew--a dispute that has divided Israeli society and World Jewry (especially its U.S. component) since …
Equivalence At Law (And Society): Social Status In Korea, Race In America, Ilhyung Lee
Equivalence At Law (And Society): Social Status In Korea, Race In America, Ilhyung Lee
Vanderbilt Journal of Transnational Law
Professor Lee's Article uses a comparison between the evolving role of social status in Korean society and that of race in the United States to explore Korean society and its legal system. Tracing the historical origins of status consciousness from the Confucianism of the Chosun dynasty to its vestiges in contemporary Korean society, Professor Lee notes several important parallels between social status in Korea and race in the United States. Emphasizing that there remain significant differences between the ways each functions in relation to law, Professor Lee argues that considering the two in equivalence is nonetheless analytically useful in both …
World Conference Against Racism: New Avenues For Slavery Reparations?, Michelle E. Lyons
World Conference Against Racism: New Avenues For Slavery Reparations?, Michelle E. Lyons
Vanderbilt Journal of Transnational Law
The reparations movement has had a long and tumultuous history, as past attempts to obtain equitable relief have failed through common law, international law, legislation, and constitutional law. However, recent developments in these areas have pushed the reparations movement to the forefront. For example, Farmer-Paellmann v. Fleetboston Financial Corp. and similar 'suits have renewed the common law claim for reparations by identifying corporations that have kept record of their involvement in slavery and naming the corporations as concrete defendants. By naming corporate defendants, as compared to governmental or individual defendants, the suits have eliminated an enormous weakness in past efforts, …
New Zealand's Forgotten Promises: The Treaty Of Waitangi, Jennifer S. Mcginty
New Zealand's Forgotten Promises: The Treaty Of Waitangi, Jennifer S. Mcginty
Vanderbilt Journal of Transnational Law
This Note presents the problems the Maori, New Zealand's indigenous people, have encountered in seeking enforcement of the Treaty of Waitangi that they signed with Great Britain in 1840. It argues that the Treaty of Waitangi is a valid legal document that should be fully integrated into New Zealand domestic law and afforded protection under international law. The author argues that the Maori met the international law requirements of statehood in 1840 and, therefore, were capable of entering into a treaty with Great Britain. Even if there was no Maori state capable of entering into a treaty, there is analogous …
Book Review, Graham Hughes
Book Review, Graham Hughes
Vanderbilt Journal of Transnational Law
Decades of conflict with Soviet Russia compelled the West to come up with soothing explanations of the German Nazi past. If Germany was our gallant ally, standing fast in NATO against the menace of Communism, it somehow must be cleansed of any stain of original sin. This has been accomplished by portraying the Nazi years as a monstrous aberration--a characterization naturally fostered and promoted by the Germans themselves. Germany had struggled in the years of the Weimar Republic toward a democratic system and a just society. Under this view of things, a handful of evil maniacs, who incomprehensibly had succeeded …