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Articles 1 - 8 of 8
Full-Text Articles in Law
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Journal of Race, Gender, and Ethnicity
No abstract provided.
Settling Claims For Reparations, Daniel Butt
Settling Claims For Reparations, Daniel Butt
Journal of Race, Gender, and Ethnicity
The scale and character of past injustice can seem overwhelming. Grievous wrongdoing characterizes so much of human history, both within and between different political communities. This raises a familiar question of reparative justice: what is owed in the present as a result of the unjust actions of the past? This article asks what should be done in situations where contemporary debts stemming from past injustice are massive in scale, and seemingly call for nonideal resolution or settlement. Drawing on recent work by Sara Amighetti and Alasia Nuti on deliberative reparative processes, the article differentiates between two different approaches to settling …
Reparations, Or Hush Money?, Christina Glekas
Reparations, Or Hush Money?, Christina Glekas
Journal of Race, Gender, and Ethnicity
No abstract provided.
Taxonomy And Restorative Justice: Can We Even See The Problem?, Dominique Day
Taxonomy And Restorative Justice: Can We Even See The Problem?, Dominique Day
Journal of Race, Gender, and Ethnicity
No abstract provided.
Reparations And The International Law Origin Story, John Linarelli
Reparations And The International Law Origin Story, John Linarelli
Journal of Race, Gender, and Ethnicity
No abstract provided.
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Playing The Game Of International Law, Uri Weiss, Joseph Agassi
Touro Law Review
In the realist game of international negotiations, each state attempts to promote their interest regardless of international law. Thus, it is negotiations in the shadow of the sword, i.e., a negotiation in which each side knows that if the parties will not achieve an agreement, the alternative may be a war, and thus the bargaining position of each party is a function of their capacities in a case of war. Negotiation in the shadow of international law is an alternative to it: in this alternative the parties negotiate according to their international legal rights. It reduces injustice and incentive to …
Is Extraterritoriality The Golden Ticket Out Of Corporate Liability? How The Modern-Day Willy Wonka’S Chocolate Factory Evaded Liability Under The Alien Tort Statute In Nestlé V. Doe, Alyaa Chace
Touro Law Review
The Alien Tort Statute (“ATS”) was drafted as part of the Judiciary Act of 1789. It was intended to provide federal courts with the jurisdiction to hear civil actions brought by foreign plaintiffs for torts committed in violation of the law of nations or other United States treaty. After a two-hundred-year dormancy period, the Statute has since been revived and become a vehicle by which foreign plaintiffs seek redress for environmental and human rights offenses carried out on foreign soil, often at the hands of United States corporations. However, the Supreme Court continues to limit the reach of the Statute, …
Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer
Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer
Touro Law Review
What was once understood as a unified field of international law, emerging from the state system and centered on the rationalization of the relations among public authorities has fractured. What had been the expression of a unified narrative of the organization of human society around the allocation of political authority now searches for new bases for authority as states become market actors, market actors assume governmental authority, markets define the territories within which law is made and applied, and the normative proscriptions of traditional law are quantified and data driven. This essay considers the way that Robert Cover’s insights on …