Related Papers
Berkeley Journal of International Law
The Holocaust Restitution Movement in Comparative Perspective
2002 •
Michael Bazyler
This article examines the use of civil litigation in the United States to deal with human rights abuses committed during World War II. The specific scenario examined is the Holocaust restitution movement in the United States, whose aim is to obtain financial restitution from European and American corporations 1 for their nefarious wartime activities. This article also examines other movements aiming to bring justice for historical wrongs that arose as a direct result of the successes achieved in the Holocaust restitution arena. Three such prominent movements are: (1) the lawsuits filed in the United States by victims of slave labor by Japan and Japanese industry during World War II; (2) the recent claims in U.S. courts of the survivors of Armenian genocide for reimbursem*nt of the insurance proceeds paid by their deceased relatives; and (3) the emerging call for African-American reparations stemming from slavery. All of these movements are a direct outgrowth of the successful claims...
Washington University Law Review
Preliminary Reflections on Aspects of Holocaust-Era Litigation in American Courts
2002 •
Burt Neuborne
Brooklyn journal of international law
Trading with the Enemy: Holocaust Restitution, the United States Government, and American Industry
2003 •
Michael Bazyler
Marq. L. Rev.
From" Lamentation and Liturgy to Litigation": The Holocaust-Era Restitution Movement as a Model for Bringing Armenian Genocide-Era Restitution Suits in American …
2011 •
Michael Bazyler
Copyright (c) 2011 Marquette Law Review Marquette Law Review. Fall, 2011. 95 Marq. L. Rev. 245. LENGTH: 23445 words FROM "LAMENTATION AND LITURGY TO LITIGATION": THE HOLOCAUST-ERA RESTITUTION MOVEMENT ...
Roma Tre Law Review
Private Law as Restorative Justice: Notes on its Use from Historical Wrongs to Human Rights Litigation
Within the wider phenomenon of so-called ‘juridification’ of historical wrongs, the paper examines the role of private law as a tool for restorative justice. Whereas the use of private law and its remedies (such as contract, tort, unjust enrichment) as instruments for “reparation” may appear to be at odds with the functions of restorative justice, the paper assesses extensive litigation that was brought forth in different legal systems especially as of the end of the XXth Century, and which though based on claims in private law, poses a series of specific problems that deserve attention.
Rethinking Settlement Leora Bilsky and
2014 •
TALIA FISHER
In his canonical articles Against Settlement and The Forms of Justice, Owen Fiss argues that the erosion of civil litigation harms the deliberative process and the elucidation of public values in society. By revealing the hidden public dimension underlying not only public law litigation, but also the adjudication of private law disputes, Fiss’s argument can be conceptualized as posing a challenge to the public/ private distinction. At the same time, Fiss’s critique reinforces the public/private divide by placing settlement and civil litigation on either side of the borderline. In this Article, we set out to dispel the prevalent depiction of settlement as inherently private, and to challenge the binary logic of the private/public distinction as it is understood to apply to settlement. We show how settlements have the capacity to fulfill each and every one of the public functions attributed to the civil trial, including the elaboration of norms, the discovery of facts, the facilitatio...
Osservatorio del Diritto Civile e Commerciale
Unjust Enrichment in Recent so-called "Human Rights Litigation".
2012 •
Noah Vardi
The use of law and of legal instruments as a means to try and offer reparation for historical wrongs and to pursue «historical justice» is not an unknown phenomenon. This paper would like to focus on a specific case study, relating to the use of a typical institute of private law (unjust enrichment) in so-called «human rights litigation», where the common feature is that civil claims based on either alleged tort, breach of contract and/or unjust enrichment also constitute a violation of human rights to the detriment of the plaintiffs, thus offering an interesting intersection of different branches of law. A closer examination of the references to «unjust enrichment» in the human rights litigation however seems to suggest that what is being recalled is not the technical (and disciplined by national laws) institute of unjust enrichment, but rather a transnational and general action, which is closer to tort than it is to contract (given the tie with instances of international law and war crimes). This paper seeks to identify where and how the reference to «unjust enrichment» becomes relevant and what its signifcance is within the framework of this specific litigation.
European Journal of International Law
Transnational Holocaust Litigation
2012 •
leora bilsky
Berkeley J. Int'l L.
Corporate Complicity: From Nuremberg to Rangoon-An Examination of Forced Labor Cases and Their Impact on the Liability of Multinational Corporations
2002 •
Anita Ramasastry
Unfilled Promise: The Human Rights Class Action
2003 •
Beth Van Schaack
