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Articles 1 - 30 of 43
Full-Text Articles in Law
Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki
Review Of The Book Denial Of Genocides In The Twenty-First Century, John A. Drobnicki
Publications and Research
Review of the book Denial of Genocides in the Twenty-First Century, edited by Bedross Der Matossian.
In Memoriam Thomas Buergenthal (1934-2023), Sean Murphy
In Memoriam Thomas Buergenthal (1934-2023), Sean Murphy
GW Law Faculty Publications & Other Works
Thomas Buergenthal—a Holocaust survivor; a ground-breaking scholar, teacher, and mentor; and a practitioner who scaled the heights of his profession—died at his home in Miami on May 29, 2023. This In Memoriam briefly notes his remarkable life and professional accomplishments, including his youth spent in Nazi concentration camps and his service as a Judge of the International Court of Justice.
When reflecting on his life-long pursuit of robust and effective human rights, Judge Buergenthal understood that, despite great progress in the field of human rights, much remained to be done, and that sadly many atrocities continued across the globe. Yet …
Victim Participation And Social Impact: Contemporary Lessons Of The Eichmann Trial, Diane Orentlicher
Victim Participation And Social Impact: Contemporary Lessons Of The Eichmann Trial, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
Six decades after the trial of Adolf Eichmann, its legacy is still evolving. Some aspects of the case, deeply controversial at the time, have become settled precedent. In particular, innovative legal grounds for Israeli jurisdiction, widely faulted outside Israel as proceedings got underway, are now accepted precepts of international law. Thus a half century after the trial, a leading expert in international criminal law concluded that jurisdictional and substantive law pioneered in Israel have by and large "stood the test of time." In his view, "The impact of the Eichmann decisions on the development of international criminal law cannot be …
"A Hussy Who Rode On Horseback In Sexy Underwear In Front Of The Prisoners": The Trials Of Buchenwald’S Ilse Koch, Mark A. Drumbl, Solange Mouthaan
"A Hussy Who Rode On Horseback In Sexy Underwear In Front Of The Prisoners": The Trials Of Buchenwald’S Ilse Koch, Mark A. Drumbl, Solange Mouthaan
Scholarly Articles
Ilse Koch’s trials for her role in atrocities at the Nazi Buchenwald concentration camp served as visual spectacles and primed her portrayal in media and public spaces. Koch’s conduct was credibly rumored to be one of frequent affairs, simultaneous lovers, and the sexual humiliation of prisoners. The gendered construction of her sexual identity played a distortive role in her intersections with law and with post-conflict Germany. Koch’s trials revealed two different dynamics. Koch’s actions were refracted through a patriarchal lens which spectacularized female violence and served as an optical space to (re)establish appropriate feminine mores. Feminist critiques of Koch’s trials …
The Last Prisoners Of War: How Nazi-Looted Art Is Displayed In U.S. Museums, Monica May Thompson
The Last Prisoners Of War: How Nazi-Looted Art Is Displayed In U.S. Museums, Monica May Thompson
Geifman Prize in Holocaust Studies
How art museums approach NLA is important today because much of the public relies on museums for their education. NLA cases are especially controversial because they are not only legal battles, but ethical ones so museums have to be extra careful approaching them. Even if the museum has won the legal battle the public may not see them as winning the ethical one therefore they might want to avoid displaying this information to the public. However, as we can see with the previous websites, it actually looks worse for museums not to be open and honest about their NLA pieces …
The Kapo On Film: Tragic Perpetrators And Imperfect Victims, Mark A. Drumbl
The Kapo On Film: Tragic Perpetrators And Imperfect Victims, Mark A. Drumbl
Scholarly Articles
The Nazis coerced and enlisted detainees into the administration of the labour and death camps. These detainees were called Kapos. The Kapos constitute a particularly contested, and at times tabooified, element of Holocaust remembrance. Some Kapos deployed their situational authority to ease the conditions of other prisoners, while others acted cruelly and committed abuse. This project explores treatment of the Kapo on film. This paper considers two films: Kapò (1959, directed by Pontecorvo, Italy) and Kapo (2000, directed by Setton, Israel). These two films vary in genre: Kapò (1959) is a feature fiction movie, whereas Kapo (2000) is a documentary. …
Talking Foreign Policy: Jesner V. Arab Bank, Milena Sterio, Thomas Buergenthal, Carsten Stahn, Avidan Cover, Timothy Webster, Michael P. Scharf
Talking Foreign Policy: Jesner V. Arab Bank, Milena Sterio, Thomas Buergenthal, Carsten Stahn, Avidan Cover, Timothy Webster, Michael P. Scharf
Law Faculty Articles and Essays
Talking Foreign Policy is a one-hour radio program, hosted by Case Western Reserve University School of Law Co-Dean Michael Scharf, in which experts discuss the salient foreign policy issues of the day. Dean Scharf created Talking Foreign Policy to break down complex foreign policy topics that are prominent in the day-to-day news cycles yet difficult to understand.
This broadcast featured:
- Judge Thomas Buergenthal, the youngest survivor of the Auschwitz death camp, who went on to become the Dean of American University Law School, to serve for twelve years as a judge on the Inter-American Court of Human Rights, and then …
Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen
Master File, Masterpiece Cakeshop, Ltd. V. Colo. Civil Rights Comm., __ U.S. __ (2017): Legislative History Of Sb08-200, Matt Simonsen
Research Data
This Master File of the legislative history of a 2008 amendment to the Colorado Anti-Discrimination Act (CADA) was researched and compiled by Matt Simonsen, J.D. Candidate 2019, University of Colorado Law School, and submitted to law professors Craig Konnoth and Melissa Hart. The SB08-200 Master File is cited in Brief of Amici Curiae Colorado Organizations and Individuals in Support of Respondents, Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, __U.S.__ (2018) (No. 16-111).
449 p.
Writing Truth To Power: Remarks In Celebration Of Intlawgrrls’ Tenth Birthday, Diane Marie Amann
Writing Truth To Power: Remarks In Celebration Of Intlawgrrls’ Tenth Birthday, Diane Marie Amann
Scholarly Works
These remarks begin with a brief history of the founding and development of IntLawGrrls blog, in order both to open the blog's tenth-anniversary conference and to introduce other conference presentations, three of which appear in this same edition of the Georgia Journal of International & Comparative Law. Noting the blog's tradition of honoring departed women as foremothers, the remarks nominates yet another: Sophie Scholl, a German student executed for her part in the White Rose movement that acted in resistance to the Nazi regime.
The Scapegoat, Katherine Ludwig
The Scapegoat, Katherine Ludwig
Geifman Prize in Holocaust Studies
This essay responds to a claim made in the aftermath of an Anti-Semitic attack. It discusses the treatment of Jews in Europe around the time of the Holocaust and what may have motivated this treatment.
Victims Who Victimise, Mark A. Drumbl
Victims Who Victimise, Mark A. Drumbl
Scholarly Articles
How to speak of the agency of the oppressed to harm others in times of atrocity? This article juxtaposes Holocaust literature (Levi, Frankl, Kertesz, Ka-Tzetnik) with Holocaust judging (the Kapo collaborator trials in Israel). It does so didactically to interrogate international criminal law’s interaction with former child soldier Dominic Ongwen, currently awaiting trial at the International Criminal Court.
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law
Rwu Law: The Magazine Of Roger Williams University School Of Law (Issue 9) (2016), Roger Williams University School Of Law
RWU Law
No abstract provided.
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson
Articles
In this section: • United States and France Sign Agreement to Compensate Holocaust Victims • United States Conducts Naval Operation Within Twelve Nautical Miles of Spratly Islands in the South China Sea, Prompting Protests from China • United States Pursues Bilateral and Multilateral Initiatives in and Around the Arctic
Lawyers Without Rights: Jewish Lawyers In Germany Under The Third Reich: An Exhibition At Roger Williams University School Of Law, Roger Williams University School Of Law
Lawyers Without Rights: Jewish Lawyers In Germany Under The Third Reich: An Exhibition At Roger Williams University School Of Law, Roger Williams University School Of Law
School of Law Conferences, Lectures & Events
No abstract provided.
Newsroom: Lawyers Under The Nazis, Roger Williams University School Of Law
Newsroom: Lawyers Under The Nazis, Roger Williams University School Of Law
Life of the Law School (1993- )
Available @ http://law.rwu.edu/story/lawyers-under-nazis
International Criminal Law: Year In Review 2014-2015, Mark A. Drumbl
International Criminal Law: Year In Review 2014-2015, Mark A. Drumbl
Scholarly Articles
This publication is based on Professor Drumbl's remarks on September 1, 2015, at the Ninth International Humanitarian Law Dialogs held in Chautauqua, New York.
What I do not want to do is review and repeat what has already been said about the international arena. I thought what I would do is boil it down to a couple observations that I have about the activities at the international institutions over the past year, and discuss four elements that have emerged.
One is transition. What I mean by this is that the work of a number of the international institutions is winding …
Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl
Stepping Beyond Nuremberg’S Halo: The Legacy Of The Supreme National Tribunal Of Poland, Mark A. Drumbl
Scholarly Articles
The Supreme National Tribunal of Poland (Najwyzszy Trybunal Narodowy (Tribunal)) operated from 1946 to 1948. It implemented the 1943 Moscow Declaration in the case of suspected Nazi war criminals. This article unpacks two of the Tribunal’s trials, that of Rudolph Hoess (Kommandant of Auschwitz (Oswiecim) and Amon Goeth (commander of the Krakow-Plaszow labour camp). Following an introduction, the article proceeds in four sections. Section 2 sets out the Tribunal’s provenance and background, offering a flavour of the politics and pressures that contoured (and co-opted) its activities so as to recover its place within the imagined spaces of international criminal accountability. …
Decoding "Never Again", Sherry F. Colb
Decoding "Never Again", Sherry F. Colb
Cornell Law Faculty Publications
This article, Decoding “Never Again,” narrates its author’s experience as a child of two Holocaust survivors, one of whom participated in rescuing thousands of his fellow Jews during the war. Colb meditates on this legacy and concludes that her understanding of it has played an important role in inspiring her scholarship about (and ethical commitment to) animal rights. She examines and analyzes the ways in which analogies between the Holocaust and anything else can trigger people’s anger and offense, and she then draws a distinction between occasions when offense is an appropriate response to such analogies and when it need …
Arendt On The Crime Of Crimes, David Luban
Arendt On The Crime Of Crimes, David Luban
Georgetown Law Faculty Publications and Other Works
Genocide–-the intentional destruction of groups “as such”–-is sometimes called the “crime of crimes,” but explaining what makes it the crime of crimes is no easy task. Why are groups important over and above the individuals who make them up? Hannah Arendt tried to explain the uniqueness of genocide, but the claim of this paper is that she failed. The claim is simple, but the reasons cut deep.
Genocide, in Arendt’s view, “is an attack upon human diversity as such.” So far so good; but it is hard to square with Arendt’s highly individualistic conception of human diversity, which in her …
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
The Holocaust And Mass Atrocity: The Continuing Challenge For Decision, Winston P. Nagan, Aitza M. Haddad
UF Law Faculty Publications
This article begins with an appraisal of a report published by the United States Institute for Peace and authored by the former Secretary of State, Albright, and former Secretary of Defense, Cohen. This Report generated a great deal of interest and reaction from scholars across the globe. The article will introduce the broad outline of this Report and provide a summary of the principal criticisms that it has generated. This sets the stage for approaching the problem that is sensitive to the issue that this phenomenon be explore with a view to developing usable insights and data as well as …
Holocaust-Era Claims In The 21st Century: Hearing Before The S. Comm. On The Judiciary, 112th Cong., June 20, 2012 (Statement Of Edward T. Swaine, Professor Of Law, Gw Law School), Edward T. Swaine
GW Law Faculty Testimony Before Congress & Agencies
No abstract provided.
Could This Train Make It Through: The Law And Strategy Of The Gold Train Case, Charles Tiefer, Jonathan W. Cuneo, Annie Reiner
Could This Train Make It Through: The Law And Strategy Of The Gold Train Case, Charles Tiefer, Jonathan W. Cuneo, Annie Reiner
All Faculty Scholarship
In 1944-45, the Nazis seized personal belongings of the Hungarian Jewish population and dispatched some of the most valuable of them on a train. The United States Army took control of this "Gold Train" and gave reassurances that it would keep the valuables safe. However, the items were plundered by individual soldiers, including officers, and diverted to various uses. After decades of dormancy, a Presidential Commission exposed the facts, but the government still did not right the wrong — until there was litigation.
The "Gold Train" case (Rosner v. United States) represents a measure of justice for the victimized community …
Review Of A Final Accounting, Holocaust Survivors And Swiss Banks, Adeen Postar
Review Of A Final Accounting, Holocaust Survivors And Swiss Banks, Adeen Postar
All Faculty Scholarship
No abstract provided.
Jewish Law From Out Of The Depths: Tragic Choices In The Holocaust, Samuel J. Levine
Jewish Law From Out Of The Depths: Tragic Choices In The Holocaust, Samuel J. Levine
Scholarly Works
No abstract provided.
Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice
Elizabeth Taylor's Van Gogh: An Alternative Route To Restitution Of Holocaust Art?, Stephen K. Urice
Articles
No abstract provided.
Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar
Book Review (Reviewing Leonard Orland's A Final Accounting), Adeen Postar
All Faculty Scholarship
Leonard Orland is the Oliver Ellsworth Professor of Law at the University of Connecticut. He has written a fine, if a bit unwieldy, book that traces the sad history of money and other assets deposited in supposedly sacrosanct Swiss banks by European Jews during the Nazi era to its long overdue resolution by the American justice system. The book provides background and perspective on how and why the $12.1 billion in pre-war dollars (about $250 trillion today) of financial assets of Holocaust victims disappeared into thin air in the years following World War II. These assets were given over to …
The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine
Congressional Testimony
The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …
Contested Morality: Judge Posner On Infanticide, Slavery, Suttee, Female Genital Mutilation, And The Holocaust, Anthony D'Amato
Contested Morality: Judge Posner On Infanticide, Slavery, Suttee, Female Genital Mutilation, And The Holocaust, Anthony D'Amato
Faculty Working Papers
Judge Richard Posner locates his moral theory between moral absolutism and the "anything goes" kind of moral relativism. He analyzes whether five contested topics are subject to useful moral debate: infanticide, slavery, suttee, female genital mutilation, and the Holocaust. Each topic presents a different perspective on his own moral theory. But each one fails in a different way to place his own moral theory on a sound footing.
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
Defending Truth: Legal And Psychological Aspects Of Holocaust Denial, Kenneth Lasson
All Faculty Scholarship
From the still-burning embers of the Holocaust we have come once again to learn the terrible truth, that the power of Evil still lurks among the nations of the world, and cannot be underestimated. Nor can the effect of the spoken and written word, which in modern times must be taken in tandem with the violence of terrorism. Part I describes the background and nature of Holocaust denial, tracing the Nazis' adoption of a plan for the A "Final Solution of the Jewish Problem" through the post-War Nuremberg Trials to the present day. Part II examines the tension between free …
Authority: An Hommage To Jacques Derrida And Mary Quaintance, Arthur J. Jacobson
Authority: An Hommage To Jacques Derrida And Mary Quaintance, Arthur J. Jacobson
Articles
This essay, in a symposium celebrating the publication 25 years ago of Jacques Derrida's "Force of Law: The 'Mystical Foundation of Authority,'" traces the themes of that work through the struggle between Derrida and his translator, Mary Quaintance, for authority over the translation. In the end, neither wins the struggle: Authorship of the translation - authority - must be ceded to a third. Derrida reacts to this loss of authority by signing the translation, taking responsibility for the translation even when it is the product of forces beyond his control and of decisions he only imperfectly understands. He thus enacts …