| Author | Title | Citation | Summary | Year |
| Roula Allouch |
A PERSONAL PERSPECTIVE ON THE STATE OF THE AMERICAN MUSLIM COMMUNITY |
50 Human Rights 6 (February, 2025) |
Muslims in America are experiencing unprecedented pain and challenges to our identity as Americans and our place in this society. It is impossible, and would be entirely irresponsible, to speak about the rise in Islamophobia and the numerous challenges Muslim Americans face today without simultaneously addressing the genocide in Gaza and the... |
2025 |
| Author |
Roula Allouch |
| Title |
A PERSONAL PERSPECTIVE ON THE STATE OF THE AMERICAN MUSLIM COMMUNITY |
| Citation |
50 Human Rights 6 (February, 2025) |
| Summary |
Muslims in America are experiencing unprecedented pain and challenges to our identity as Americans and our place in this society. It is impossible, and would be entirely irresponsible, to speak about the rise in Islamophobia and the numerous challenges Muslim Americans face today without simultaneously addressing the genocide in Gaza and the... |
| Year |
2025 |
|
| Tabatha Abu El-Haj |
A RIGHT OF PEACEABLE ASSEMBLY |
125 Columbia Law Review 1049 (June, 2025) |
The functional absence of the Assembly Clause in First Amendment law and constitutional discourse fundamentally distorts our analysis of the proper scope of constitutional protection for political assemblies. This Symposium Piece develops a much-needed independent Assembly Clause doctrine. An independent Assembly Clause doctrine would not only be... |
2025 |
| Author |
Tabatha Abu El-Haj |
| Title |
A RIGHT OF PEACEABLE ASSEMBLY |
| Citation |
125 Columbia Law Review 1049 (June, 2025) |
| Summary |
The functional absence of the Assembly Clause in First Amendment law and constitutional discourse fundamentally distorts our analysis of the proper scope of constitutional protection for political assemblies. This Symposium Piece develops a much-needed independent Assembly Clause doctrine. An independent Assembly Clause doctrine would not only be... |
| Year |
2025 |
|
| Etienne C. Toussaint |
AFROFUTURISM IN PROTEST: DISSENT AND REVOLUTION |
125 Columbia Law Review 1375 (June, 2025) |
In an era of reckoning and resistance, this Symposium Piece journeys through the rich terrain of Black protest and Afrofuturist imagination, uncovering a radical legal tradition rooted in historical defiance and visionary possibility. By analyzing Black resistance--from insurrections against slavery to today's racial justice movements--through an... |
2025 |
| Author |
Etienne C. Toussaint |
| Title |
AFROFUTURISM IN PROTEST: DISSENT AND REVOLUTION |
| Citation |
125 Columbia Law Review 1375 (June, 2025) |
| Summary |
In an era of reckoning and resistance, this Symposium Piece journeys through the rich terrain of Black protest and Afrofuturist imagination, uncovering a radical legal tradition rooted in historical defiance and visionary possibility. By analyzing Black resistance--from insurrections against slavery to today's racial justice movements--through an... |
| Year |
2025 |
|
| Maya Kreiner |
BRITISH IMPERIAL CONSTITUTIONAL LAW AND THE ZIONIST CAMPAIGN AGAINST THE LEGISLATIVE COUNCIL IN MANDATORY PALESTINE |
43 Law and History Review 339 (August, 2025) |
This article examines the role of British imperial constitutional law in the Zionist campaign against establishing a Legislative Council in Palestine during the early 1930s. At the time, the British government sought to introduce limited self-government in Palestine through a parliamentary institution that would include both locals and British... |
2025 |
| Author |
Maya Kreiner |
| Title |
BRITISH IMPERIAL CONSTITUTIONAL LAW AND THE ZIONIST CAMPAIGN AGAINST THE LEGISLATIVE COUNCIL IN MANDATORY PALESTINE |
| Citation |
43 Law and History Review 339 (August, 2025) |
| Summary |
This article examines the role of British imperial constitutional law in the Zionist campaign against establishing a Legislative Council in Palestine during the early 1930s. At the time, the British government sought to introduce limited self-government in Palestine through a parliamentary institution that would include both locals and British... |
| Year |
2025 |
|
| Arléne Amparo Amarante |
CASTE ASIDE: LEGAL NON-EXISTENCE AND APARTHEID IN PALESTINE |
29 U.C. Davis Social Justice Law Review 72 (Winter, 2025) |
Table of Figures. 73 Abstract. 74 Introduction. 72 Part I. On the European Origins of Barbarian-Branding. 80 A. Citizenship Legitimates a Hierarchy of Rights. 85 B. Hermeneutical Injustice Exposes the Psychic Limitations Enshrined by Citizenism. 87 Part II. The United (Separation of) Nations. 89 A. The Global Community Dismantled Palestine with... |
2025 |
| Author |
Arléne Amparo Amarante |
| Title |
CASTE ASIDE: LEGAL NON-EXISTENCE AND APARTHEID IN PALESTINE |
| Citation |
29 U.C. Davis Social Justice Law Review 72 (Winter, 2025) |
| Summary |
Table of Figures. 73 Abstract. 74 Introduction. 72 Part I. On the European Origins of Barbarian-Branding. 80 A. Citizenship Legitimates a Hierarchy of Rights. 85 B. Hermeneutical Injustice Exposes the Psychic Limitations Enshrined by Citizenism. 87 Part II. The United (Separation of) Nations. 89 A. The Global Community Dismantled Palestine with... |
| Year |
2025 |
|
| Sarah Medina Camiscoli |
CRISIS CONVERGENCE |
120 Northwestern University Law Review 5 (2025) |
Abstract--Progressive jurists and legal scholars have called the Supreme Court's doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students... |
2025 |
| Author |
Sarah Medina Camiscoli |
| Title |
CRISIS CONVERGENCE |
| Citation |
120 Northwestern University Law Review 5 (2025) |
| Summary |
Abstract--Progressive jurists and legal scholars have called the Supreme Court's doctrine of colorblind constitutionalism that dismantled affirmative action in Students for Fair Admissions, Inc. v. President and Fellows of Harvard (SFFA) a crisis for constitutional democracy. However, scholars have not yet tended to students, particularly students... |
| Year |
2025 |
|
| Isaac Mamaysky |
EMPLOYEE SPEECH v. WORKPLACE VALUES: A DEFENSE OF AT-WILL EMPLOYMENT AND PRIVATE EMPLOYER REGULATION OF POLITICAL SPEECH |
74 Duke Law Journal Online 161 (June, 2025) |
The public policy underlying at-will employment--and particularly our collective interest in freedom of choice in the employment relationship--weighs in favor of allowing employers to regulate their employees' political activities and thus align personnel decisions with organizational values. Beginning with an exploration of the laws that somewhat... |
2025 |
| Author |
Isaac Mamaysky |
| Title |
EMPLOYEE SPEECH v. WORKPLACE VALUES: A DEFENSE OF AT-WILL EMPLOYMENT AND PRIVATE EMPLOYER REGULATION OF POLITICAL SPEECH |
| Citation |
74 Duke Law Journal Online 161 (June, 2025) |
| Summary |
The public policy underlying at-will employment--and particularly our collective interest in freedom of choice in the employment relationship--weighs in favor of allowing employers to regulate their employees' political activities and thus align personnel decisions with organizational values. Beginning with an exploration of the laws that somewhat... |
| Year |
2025 |
|
| René Reyes |
FREE SPEECH AS WHITE PRIVILEGE: RACIALIZATION, SUPPRESSION, AND THE PALESTINE EXCEPTION |
111 Virginia Law Review Online 166 (June, 2025) |
Free speech is under siege. This is not to say that all speakers and viewpoints are at equal risk--some voices receive support and protection, while others are subject to threats and suppression. Pro-Palestinian speech falls into the latter category. Critics argue that there has long been a Palestine Exception to free speech, but attempts to... |
2025 |
| Author |
René Reyes |
| Title |
FREE SPEECH AS WHITE PRIVILEGE: RACIALIZATION, SUPPRESSION, AND THE PALESTINE EXCEPTION |
| Citation |
111 Virginia Law Review Online 166 (June, 2025) |
| Summary |
Free speech is under siege. This is not to say that all speakers and viewpoints are at equal risk--some voices receive support and protection, while others are subject to threats and suppression. Pro-Palestinian speech falls into the latter category. Critics argue that there has long been a Palestine Exception to free speech, but attempts to... |
| Year |
2025 |
|
| Ilias Bantekas , Asiya Karimi |
GENDER APARTHEID UNDER THE TALIBAN: KEY ELEMENTS OF AN IDEOLOGY DESIGNED TO DISEMPOWER AFGHAN WOMEN |
31 William and Mary Journal of Race, Gender, and Social Justice 549 (Spring, 2025) |
Despite its frequent use since 2021, the notion of gender apartheid is misconceived in terms of existing international law. The type of abhorrent policies pursued by the Taliban regime against women and girls is best conceived as gender-based persecution. Even so, there is no reason why a new and distinct international crime of gender... |
2025 |
| Author |
Ilias Bantekas , Asiya Karimi |
| Title |
GENDER APARTHEID UNDER THE TALIBAN: KEY ELEMENTS OF AN IDEOLOGY DESIGNED TO DISEMPOWER AFGHAN WOMEN |
| Citation |
31 William and Mary Journal of Race, Gender, and Social Justice 549 (Spring, 2025) |
| Summary |
Despite its frequent use since 2021, the notion of gender apartheid is misconceived in terms of existing international law. The type of abhorrent policies pursued by the Taliban regime against women and girls is best conceived as gender-based persecution. Even so, there is no reason why a new and distinct international crime of gender... |
| Year |
2025 |
|
| Penelope Andrews |
HUMAN RIGHTS AND FOREIGN POLICY: SOUTH AFRICA'S GENOCIDE COMPLAINT AGAINST ISRAEL AT THE INTERNATIONAL COURT OF JUSTICE |
34 Minnesota Journal of International Law 195 (Spring, 2025) |
On December 21st, 2023 the South African Government filed an urgent application to the International Court of Justice (ICJ) in the wake of Israel's military activities in Gaza in response to the attack in Israel on October 7th in which more than 1,200 Israeli citizens were killed and several hundred were taken as hostages. The Israeli government... |
2025 |
| Author |
Penelope Andrews |
| Title |
HUMAN RIGHTS AND FOREIGN POLICY: SOUTH AFRICA'S GENOCIDE COMPLAINT AGAINST ISRAEL AT THE INTERNATIONAL COURT OF JUSTICE |
| Citation |
34 Minnesota Journal of International Law 195 (Spring, 2025) |
| Summary |
On December 21st, 2023 the South African Government filed an urgent application to the International Court of Justice (ICJ) in the wake of Israel's military activities in Gaza in response to the attack in Israel on October 7th in which more than 1,200 Israeli citizens were killed and several hundred were taken as hostages. The Israeli government... |
| Year |
2025 |
|
| Mary Haddad, Alon Jasper , Tel-Aviv University, Israel |
IN PURSUIT OF STATEHOOD: PALESTINIAN PERFORMATIVITY IN HUMAN RIGHTS TREATY BODIES |
50 Law and Social Inquiry 438 (May, 2025) |
(Received 07 September 2023; revised 01 July 2024; accepted 10 October 2024; first published online 27 February 2025) This article uses the theoretical framework of performative sovereignty to analyze the role of sovereignty in the Palestinian Authority's interactions with human rights treaty bodies and to the judicial decisions of the Palestine... |
2025 |
| Author |
Mary Haddad, Alon Jasper , Tel-Aviv University, Israel |
| Title |
IN PURSUIT OF STATEHOOD: PALESTINIAN PERFORMATIVITY IN HUMAN RIGHTS TREATY BODIES |
| Citation |
50 Law and Social Inquiry 438 (May, 2025) |
| Summary |
(Received 07 September 2023; revised 01 July 2024; accepted 10 October 2024; first published online 27 February 2025) This article uses the theoretical framework of performative sovereignty to analyze the role of sovereignty in the Palestinian Authority's interactions with human rights treaty bodies and to the judicial decisions of the Palestine... |
| Year |
2025 |
|
| Marco Longobardo, University of Westminster |
LEGAL CONSEQUENCES ARISING FROM THE POLICIES AND PRACTICES OF ISRAEL IN THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM. ADVISORY OPINION. AT WWW.ICJ-CIJ.ORG/CASE/186. INTERNATIONAL COURT OF JUSTICE, JULY 19, 2024 |
119 American Journal of International Law 291 (April, 2025) |
In the advisory opinion on the Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem (Opinion) rendered on July 19, 2024, the International Court of Justice (ICJ), almost unanimously, determined that certain policies and practices undertaken by Israel in the Gaza Strip,... |
2025 |
| Author |
Marco Longobardo, University of Westminster |
| Title |
LEGAL CONSEQUENCES ARISING FROM THE POLICIES AND PRACTICES OF ISRAEL IN THE OCCUPIED PALESTINIAN TERRITORY, INCLUDING EAST JERUSALEM. ADVISORY OPINION. AT WWW.ICJ-CIJ.ORG/CASE/186. INTERNATIONAL COURT OF JUSTICE, JULY 19, 2024 |
| Citation |
119 American Journal of International Law 291 (April, 2025) |
| Summary |
In the advisory opinion on the Legal Consequences Arising from the Policies and Practices of Israel in the Occupied Palestinian Territory, Including East Jerusalem (Opinion) rendered on July 19, 2024, the International Court of Justice (ICJ), almost unanimously, determined that certain policies and practices undertaken by Israel in the Gaza Strip,... |
| Year |
2025 |
|
| Ali Hakim, Matei Alexianu |
NON-STATE SANCTIONS: PRIVATE INSTRUMENTS OF INTERNATIONAL LAW |
58 Vanderbilt Journal of Transnational Law 839 (October, 2025) |
Amid the catastrophic wars in Gaza and Ukraine, private organizations have arranged boycotts, bans, and other nonviolent measures to pressure Israel and Russia to comply with international law. These are just the latest examples of a long tradition of international law enforcement by non-state actors. But despite this rich history, international... |
2025 |
| Author |
Ali Hakim, Matei Alexianu |
| Title |
NON-STATE SANCTIONS: PRIVATE INSTRUMENTS OF INTERNATIONAL LAW |
| Citation |
58 Vanderbilt Journal of Transnational Law 839 (October, 2025) |
| Summary |
Amid the catastrophic wars in Gaza and Ukraine, private organizations have arranged boycotts, bans, and other nonviolent measures to pressure Israel and Russia to comply with international law. These are just the latest examples of a long tradition of international law enforcement by non-state actors. But despite this rich history, international... |
| Year |
2025 |
|
| Yuval Shany, Yahli Shereshevsky |
PROGRAMMED TO OBEY: THE LIMITS OF LAW AND THE DEBATE OVER MEANINGFUL HUMAN CONTROL OF AUTONOMOUS WEAPONS |
57 Columbia Human Rights Law Review 108 (Winter 2025) |
What man wants is simply independent choice, whatever that independence may cost and wherever it may lead F. Dostoevsky New military technologies are transforming the contemporary battlefield, raising complex ethical and legal questions previously unaddressed. This Article makes three novel contributions to the debate on Autonomous Weapon Systems... |
2025 |
| Author |
Yuval Shany, Yahli Shereshevsky |
| Title |
PROGRAMMED TO OBEY: THE LIMITS OF LAW AND THE DEBATE OVER MEANINGFUL HUMAN CONTROL OF AUTONOMOUS WEAPONS |
| Citation |
57 Columbia Human Rights Law Review 108 (Winter 2025) |
| Summary |
What man wants is simply independent choice, whatever that independence may cost and wherever it may lead F. Dostoevsky New military technologies are transforming the contemporary battlefield, raising complex ethical and legal questions previously unaddressed. This Article makes three novel contributions to the debate on Autonomous Weapon Systems... |
| Year |
2025 |
|
| E. Tendayi Achiume |
RACE, REPARATIONS, AND INTERNATIONAL LAW |
119 American Journal of International Law 397 (July, 2025) |
C1-3Table of Contents I. Introduction. 397 II. Reparations, Worldmaking, and Structures of Historical Injustice. 401 A. Race, Racism, and Colonial Worldmaking. 403 B. Race/Racism and the Structural Reproduction of Colonial Domination. 404 C. The Global Governance of Race/Racism and Reparative Anti-colonial Worldmaking. 407 III. The Legal... |
2025 |
| Author |
E. Tendayi Achiume |
| Title |
RACE, REPARATIONS, AND INTERNATIONAL LAW |
| Citation |
119 American Journal of International Law 397 (July, 2025) |
| Summary |
C1-3Table of Contents I. Introduction. 397 II. Reparations, Worldmaking, and Structures of Historical Injustice. 401 A. Race, Racism, and Colonial Worldmaking. 403 B. Race/Racism and the Structural Reproduction of Colonial Domination. 404 C. The Global Governance of Race/Racism and Reparative Anti-colonial Worldmaking. 407 III. The Legal... |
| Year |
2025 |
|
| Lisa Davis , Kirby Anwar |
RECOGNIZING ALL VICTIMS OF RACIAL AND GENDER APARTHEID IN THE DRAFT CRIMES AGAINST HUMANITY TREATY |
9 Howard Human & Civil Rights Law Review 1 (2024-2025) |
C1-2Table of Contents Introduction. 2 I. Defining Protected Groups Under International Criminal Law. 10 A. Defining Protected Groups Under Genocide. 11 1. Objective And Subjective Criteria: Determining Protected Group Membership. 16 2. The Persistence Of The Genocide Convention's Outdated Limitations On Protected Groups. 23 3. Calls For A... |
2025 |
| Author |
Lisa Davis , Kirby Anwar |
| Title |
RECOGNIZING ALL VICTIMS OF RACIAL AND GENDER APARTHEID IN THE DRAFT CRIMES AGAINST HUMANITY TREATY |
| Citation |
9 Howard Human & Civil Rights Law Review 1 (2024-2025) |
| Summary |
C1-2Table of Contents Introduction. 2 I. Defining Protected Groups Under International Criminal Law. 10 A. Defining Protected Groups Under Genocide. 11 1. Objective And Subjective Criteria: Determining Protected Group Membership. 16 2. The Persistence Of The Genocide Convention's Outdated Limitations On Protected Groups. 23 3. Calls For A... |
| Year |
2025 |
|
| Deena R. Hurwitz , Walter H. White Jr. |
RECOGNIZING ISLAMOPHOBIA, ANTI-PALESTINIAN RACISM, AND ANTISEMITISM |
50 Human Rights 16 (February, 2025) |
What do a six-year-old Chicago-area boy, a family in Maryland, a California sixth grader, a Florida State University student senate president, and a 46-year-old corporate lawyer from New Jersey have in common? They are all victims of Islamophobia and/or anti-Palestinian racism. Six-year-old Palestinian American Wadea Al-Fayoume was murdered by his... |
2025 |
| Author |
Deena R. Hurwitz , Walter H. White Jr. |
| Title |
RECOGNIZING ISLAMOPHOBIA, ANTI-PALESTINIAN RACISM, AND ANTISEMITISM |
| Citation |
50 Human Rights 16 (February, 2025) |
| Summary |
What do a six-year-old Chicago-area boy, a family in Maryland, a California sixth grader, a Florida State University student senate president, and a 46-year-old corporate lawyer from New Jersey have in common? They are all victims of Islamophobia and/or anti-Palestinian racism. Six-year-old Palestinian American Wadea Al-Fayoume was murdered by his... |
| Year |
2025 |
|
| Ellen Buerk |
SACRIFICE ZONE: CONCILIATING RACIAL DISCRIMINATION IN LOUISIANA'S ""CANCER ALLEY" UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION |
57 Case Western Reserve Journal of International Law 491 (Spring, 2025) |
In June 2023, the Environmental Protection Agency (EPA) abandoned its civil rights investigation into racially discriminatory practices by Louisiana state agencies in Cancer Alley. It did so after issuing initial findings which indicated those agencies had operated in a racially discriminatory manner, subjecting predominately Black communities to... |
2025 |
| Author |
Ellen Buerk |
| Title |
SACRIFICE ZONE: CONCILIATING RACIAL DISCRIMINATION IN LOUISIANA'S ""CANCER ALLEY" UNDER THE INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION |
| Citation |
57 Case Western Reserve Journal of International Law 491 (Spring, 2025) |
| Summary |
In June 2023, the Environmental Protection Agency (EPA) abandoned its civil rights investigation into racially discriminatory practices by Louisiana state agencies in Cancer Alley. It did so after issuing initial findings which indicated those agencies had operated in a racially discriminatory manner, subjecting predominately Black communities to... |
| Year |
2025 |
|
| Maryam Jamshidi |
SECURITIZING THE UNIVERSITY |
110 Minnesota Law Review 301 (November, 2025) |
Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an... |
2025 |
| Author |
Maryam Jamshidi |
| Title |
SECURITIZING THE UNIVERSITY |
| Citation |
110 Minnesota Law Review 301 (November, 2025) |
| Summary |
Since October 7, 2023, public and private actors have doubled down on efforts to securitize the American university. In large part, these initiatives aim to quash a vocal pro-Palestine movement that has become highly visible across U.S. campuses since October 7th. In targeting this group, these efforts have variously treated the university as an... |
| Year |
2025 |
|
| Benjamin Fink |
UNLACING THE GOLDEN BOOTSTRAPS: LEGISLATING AWAY LEGACY AND DONOR PREFERENCES IN COLLEGE ADMISSIONS |
66 Boston College Law Review 1445 (April, 2025) |
Abstract: Many colleges and universities in America give admissions preferences to the children of alumni and relatives of donors. This practice helps colleges raise funds and cultivate a strong alumni network but results in drastic inequality in the admissions process for applicants without such connections. The pending Merit-based Educational... |
2025 |
| Author |
Benjamin Fink |
| Title |
UNLACING THE GOLDEN BOOTSTRAPS: LEGISLATING AWAY LEGACY AND DONOR PREFERENCES IN COLLEGE ADMISSIONS |
| Citation |
66 Boston College Law Review 1445 (April, 2025) |
| Summary |
Abstract: Many colleges and universities in America give admissions preferences to the children of alumni and relatives of donors. This practice helps colleges raise funds and cultivate a strong alumni network but results in drastic inequality in the admissions process for applicants without such connections. The pending Merit-based Educational... |
| Year |
2025 |
|
| Jill I. Goldenziel , Sean Michael Blochberger , Tyler Granholm |
WEAPON OF THE WEAK: LAWFARE AND STATE POWER IN THE INTERNATIONAL COURT OF JUSTICE |
66 Harvard International Law Journal 563 (Spring, 2025) |
Conventional wisdom holds that international law was created by powerful, primarily Western countries to preserve their own interests and is enforced accordingly by international courts. Yet weaker states have repeatedly won landmark victories in international courts against the world's most powerful states. Small states have also succeeded in... |
2025 |
| Author |
Jill I. Goldenziel , Sean Michael Blochberger , Tyler Granholm |
| Title |
WEAPON OF THE WEAK: LAWFARE AND STATE POWER IN THE INTERNATIONAL COURT OF JUSTICE |
| Citation |
66 Harvard International Law Journal 563 (Spring, 2025) |
| Summary |
Conventional wisdom holds that international law was created by powerful, primarily Western countries to preserve their own interests and is enforced accordingly by international courts. Yet weaker states have repeatedly won landmark victories in international courts against the world's most powerful states. Small states have also succeeded in... |
| Year |
2025 |
|
| Meital Pinto |
"WHO ARE THE LANDLORDS HERE?" - GROUP RIGHTS IN THE AGE OF POPULISM: JEWISH OWNERSHIP OF SYMBOLIC AND GEOGRAPHIC SPACE IN ISRAEL |
7 Cardozo International & Comparative Law Review 215 (Winter, 2024) |
The world is witnessing the rise of far-right political parties. In Israel's recent national legislative election, Jewish Power (Otzma Yehudit), a far-right, anti-Arab political party, reached an unprecedented achievement. The party won six seats in the Knesset and its leader, Itamar Ben Gvir was appointed as the Minister of National Security. Who... |
2024 |
| Author |
Meital Pinto |
| Title |
"WHO ARE THE LANDLORDS HERE?" - GROUP RIGHTS IN THE AGE OF POPULISM: JEWISH OWNERSHIP OF SYMBOLIC AND GEOGRAPHIC SPACE IN ISRAEL |
| Citation |
7 Cardozo International & Comparative Law Review 215 (Winter, 2024) |
| Summary |
The world is witnessing the rise of far-right political parties. In Israel's recent national legislative election, Jewish Power (Otzma Yehudit), a far-right, anti-Arab political party, reached an unprecedented achievement. The party won six seats in the Knesset and its leader, Itamar Ben Gvir was appointed as the Minister of National Security. Who... |
| Year |
2024 |
|
| Samuel Horowitz |
A ONE-STATE SOLUTION TO THE ARAB-ISRAELI/ISRAELI-PALESTINIAN CONFLICT: A RECOMMENDATION SUPPORTED BY A REVIEW OF THE HISTORICAL RECORD AND CURRENT CONTEXT |
47 UC Law SF International Law Review 65 (June, 2024) |
This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two-state solution are problematic and untenable.... |
2024 |
| Author |
Samuel Horowitz |
| Title |
A ONE-STATE SOLUTION TO THE ARAB-ISRAELI/ISRAELI-PALESTINIAN CONFLICT: A RECOMMENDATION SUPPORTED BY A REVIEW OF THE HISTORICAL RECORD AND CURRENT CONTEXT |
| Citation |
47 UC Law SF International Law Review 65 (June, 2024) |
| Summary |
This article examines the legal underpinning of the creation of the state of Israel and historical documents to note that despite calls for a two-state solution at the UN, a one-state solution to the conflict is not necessarily precluded. It then identifies why both the status quo and the proposed two-state solution are problematic and untenable.... |
| Year |
2024 |
|
| Maryam Jamshidi |
A TRANSFORMATIONAL AGENDA FOR NATIONAL SECURITY |
2024 University of Chicago Legal Forum 161 (2024) |
Past efforts to reimagine national security in legal scholarship have largely avoided systematic engagement with the foundational assumptions and presumptions of the field. Challenging and critiquing those assumptions is, however, necessary to producing scholarly work that reimagines, rather than reproduces, status quo approaches to U.S. national... |
2024 |
| Author |
Maryam Jamshidi |
| Title |
A TRANSFORMATIONAL AGENDA FOR NATIONAL SECURITY |
| Citation |
2024 University of Chicago Legal Forum 161 (2024) |
| Summary |
Past efforts to reimagine national security in legal scholarship have largely avoided systematic engagement with the foundational assumptions and presumptions of the field. Challenging and critiquing those assumptions is, however, necessary to producing scholarly work that reimagines, rather than reproduces, status quo approaches to U.S. national... |
| Year |
2024 |
|
| Neve Gordon |
BETWEEN HUMAN RIGHTS AND CIVIL SOCIETY: THE CASE OF ISRAEL'S APARTHEID ENABLERS |
49 Law and Social Inquiry 1426 (August, 2024) |
For decades, human rights organizations have exposed egregious abuses carried out by states across the globe. Yet, simultaneously, other national and transnational civil society actors have waged war on these human rights organizations to shield rights-abusive states from accountability. These assaults have increasingly resulted in the normative... |
2024 |
| Author |
Neve Gordon |
| Title |
BETWEEN HUMAN RIGHTS AND CIVIL SOCIETY: THE CASE OF ISRAEL'S APARTHEID ENABLERS |
| Citation |
49 Law and Social Inquiry 1426 (August, 2024) |
| Summary |
For decades, human rights organizations have exposed egregious abuses carried out by states across the globe. Yet, simultaneously, other national and transnational civil society actors have waged war on these human rights organizations to shield rights-abusive states from accountability. These assaults have increasingly resulted in the normative... |
| Year |
2024 |
|
| Tolu Lawal, Al Brooks |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
27 CUNY Law Review 143 (Winter, 2024) |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
2024 |
| Author |
Tolu Lawal, Al Brooks |
| Title |
CHARACTER AND FITNESS IN AMERICA'S NEO-REDEMPTIVE ERA |
| Citation |
27 CUNY Law Review 143 (Winter, 2024) |
| Summary |
Introduction. 145 I. Reconstruction, Redemption, and White Grievance Politic. 148 A. Reconstruction. 148 B. Redemption. 149 C. White Grievance Groundhog Days. 152 II. Law as a Communication of Redemptive Power: The Backlash Against Democratization and the Return of White Supremacist Legal Hegemony. 155 A. The Origin of Character and Fitness... |
| Year |
2024 |
|
| Kai Ambos |
CRIMINAL "APARTHEID" IN THE OCCUPIED PALESTINIAN TERRITORY?: A CALL FOR A MORE NUANCED APPROACH FROM THE PERSPECTIVE OF INTERNATIONAL CRIMINAL LAW |
47 Fordham International Law Journal 485 (September, 2024) |
This is a legal doctrinal inquiry into the claim that Israel's policies and practices in the Occupied Palestinian Territory (OPT) constitute apartheid. Its purpose is to provide a more nuanced analysis which more clearly distinguishes between legal/doctrinal and political/policy arguments. While the popular, non-legal use of the apartheid claim... |
2024 |
| Author |
Kai Ambos |
| Title |
CRIMINAL "APARTHEID" IN THE OCCUPIED PALESTINIAN TERRITORY?: A CALL FOR A MORE NUANCED APPROACH FROM THE PERSPECTIVE OF INTERNATIONAL CRIMINAL LAW |
| Citation |
47 Fordham International Law Journal 485 (September, 2024) |
| Summary |
This is a legal doctrinal inquiry into the claim that Israel's policies and practices in the Occupied Palestinian Territory (OPT) constitute apartheid. Its purpose is to provide a more nuanced analysis which more clearly distinguishes between legal/doctrinal and political/policy arguments. While the popular, non-legal use of the apartheid claim... |
| Year |
2024 |
|
| Mohammad Fadel |
LAW BREAKING, LAW MAKING, AND INTERNATIONAL LAW: PALESTINE, ISRAEL, AND THE FOUNDATIONS OF INTERNATIONAL LAW |
65 Virginia Journal of International Law Online 1 (2024) |
This Essay argues that the Israel-Palestine conflict's prominent place in global consciousness reflects deep disagreement on the nature of post-World War II international law and the relationship between power, sovereignty, and legitimacy in that order. It argues that the Zionist movement and then the State of Israel, by creating facts on the... |
2024 |
| Author |
Mohammad Fadel |
| Title |
LAW BREAKING, LAW MAKING, AND INTERNATIONAL LAW: PALESTINE, ISRAEL, AND THE FOUNDATIONS OF INTERNATIONAL LAW |
| Citation |
65 Virginia Journal of International Law Online 1 (2024) |
| Summary |
This Essay argues that the Israel-Palestine conflict's prominent place in global consciousness reflects deep disagreement on the nature of post-World War II international law and the relationship between power, sovereignty, and legitimacy in that order. It argues that the Zionist movement and then the State of Israel, by creating facts on the... |
| Year |
2024 |
|
| Jeremy Rabkin |
NOT AN APARTHEID STATE, A DEFAMED STATE |
47 Fordham International Law Journal 617 (September, 2024) |
I. INTRODUCTION. 617 II. A CRIME WITH ONLY ONE LOCUS. 619 III. SECURITY MEASURES MUST BE JUDGED IN CONTEXT. 623 IV. NOT ALL SEPARATION IS APARTHEID. 628 V. ISRAELI NATIONALITY IS NOT A RACE. 632 VI. CONCLUSION. 634 |
2024 |
| Author |
Jeremy Rabkin |
| Title |
NOT AN APARTHEID STATE, A DEFAMED STATE |
| Citation |
47 Fordham International Law Journal 617 (September, 2024) |
| Summary |
I. INTRODUCTION. 617 II. A CRIME WITH ONLY ONE LOCUS. 619 III. SECURITY MEASURES MUST BE JUDGED IN CONTEXT. 623 IV. NOT ALL SEPARATION IS APARTHEID. 628 V. ISRAELI NATIONALITY IS NOT A RACE. 632 VI. CONCLUSION. 634 |
| Year |
2024 |
|
| Sahar Aziz |
RACING RELIGION IN THE PALESTINE-ISRAEL DISCOURSE |
118 AJIL Unbound 118 (2024) |
Race is a Western political project. Religious freedom is a Christian political project. The linkages between the two enabled European nations and their settlers across the globe to condemn natives, slaves, and non-European immigrants to inferior status, and in turn legalize control of their lands and bodies. The consequent race-religion systems of... |
2024 |
| Author |
Sahar Aziz |
| Title |
RACING RELIGION IN THE PALESTINE-ISRAEL DISCOURSE |
| Citation |
118 AJIL Unbound 118 (2024) |
| Summary |
Race is a Western political project. Religious freedom is a Christian political project. The linkages between the two enabled European nations and their settlers across the globe to condemn natives, slaves, and non-European immigrants to inferior status, and in turn legalize control of their lands and bodies. The consequent race-religion systems of... |
| Year |
2024 |
|
| Rabea Eghbariah |
TOWARD NAKBA AS A LEGAL CONCEPT |
124 Columbia Law Review 887 (May, 2024) |
The law does not possess the language that we desperately need to accurately capture the totality of the Palestinian condition. From occupation to apartheid and genocide, the most commonly applied legal concepts rely on abstraction and analogy to reveal particular facets of subordination. This Article introduces Nakba as a legal concept to resolve... |
2024 |
| Author |
Rabea Eghbariah |
| Title |
TOWARD NAKBA AS A LEGAL CONCEPT |
| Citation |
124 Columbia Law Review 887 (May, 2024) |
| Summary |
The law does not possess the language that we desperately need to accurately capture the totality of the Palestinian condition. From occupation to apartheid and genocide, the most commonly applied legal concepts rely on abstraction and analogy to reveal particular facets of subordination. This Article introduces Nakba as a legal concept to resolve... |
| Year |
2024 |
|
| The Palestine Festival of Literature (PalFest) |
TRANSCRIPT OF "BUT WE MUST SPEAK: ON PALESTINE AND THE MANDATES OF CONSCIENCE" |
28 U.C. Davis Social Justice Law Review 103 (Summer, 2024) |
Panelists Include: Michelle Alexander, Morgan Bassichis, Ta-Nehisi Coates, Natalie Diaz, Mohammed El-Kurd, Yasmin El-Rifae, Noura Erakat, Rev Raschaad Hoggard, Rashid Khalidi C1-2Table of Contents Background from the Symposium Hosts. 105 Introduction by Michelle Alexander & Yasmin El-Rifae. 106 Poetry Recited by Mohammed El-Kurd. 111 Conversation... |
2024 |
| Author |
The Palestine Festival of Literature (PalFest) |
| Title |
TRANSCRIPT OF "BUT WE MUST SPEAK: ON PALESTINE AND THE MANDATES OF CONSCIENCE" |
| Citation |
28 U.C. Davis Social Justice Law Review 103 (Summer, 2024) |
| Summary |
Panelists Include: Michelle Alexander, Morgan Bassichis, Ta-Nehisi Coates, Natalie Diaz, Mohammed El-Kurd, Yasmin El-Rifae, Noura Erakat, Rev Raschaad Hoggard, Rashid Khalidi C1-2Table of Contents Background from the Symposium Hosts. 105 Introduction by Michelle Alexander & Yasmin El-Rifae. 106 Poetry Recited by Mohammed El-Kurd. 111 Conversation... |
| Year |
2024 |
|
| Marissa Jackson Sow |
WHITENESS AS CONTRACT IN THE RACIAL SUPERSTATE |
14 UC Irvine Law Review 459 (May, 2024) |
Despite the United Nations' (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies--successfully blocked measures beyond those which gently encourage mere aspiration... |
2024 |
| Author |
Marissa Jackson Sow |
| Title |
WHITENESS AS CONTRACT IN THE RACIAL SUPERSTATE |
| Citation |
14 UC Irvine Law Review 459 (May, 2024) |
| Summary |
Despite the United Nations' (UN) ongoing commemoration of the International Decade for People of African Descent and direct calls from UN member states for the body to confront systemic racism in the United States, the United States has with the support of its allies--successfully blocked measures beyond those which gently encourage mere aspiration... |
| Year |
2024 |
|
| E. Tendayi Achiume , Gay McDougall |
ANTI-RACISM AT THE UNITED NATIONS |
117 AJIL Unbound 82 (2023) |
Racial injustice and inequality remain contested internationally, and the United Nations remains a prominent site for this contestation. In this essay, we describe the architecture designated by the United Nations to address racism, racial discrimination, xenophobia, and related intolerance. We highlight recent normative and institutional... |
2023 |
| Author |
E. Tendayi Achiume , Gay McDougall |
| Title |
ANTI-RACISM AT THE UNITED NATIONS |
| Citation |
117 AJIL Unbound 82 (2023) |
| Summary |
Racial injustice and inequality remain contested internationally, and the United Nations remains a prominent site for this contestation. In this essay, we describe the architecture designated by the United Nations to address racism, racial discrimination, xenophobia, and related intolerance. We highlight recent normative and institutional... |
| Year |
2023 |
|
| Itamar Mann |
BETWEEN ASYLUM AND LIBERATION: THE NEW PALESTINIAN REFUGEES |
34 European Journal of International Law 491 (May, 2023) |
Contemporary Palestinian asylum seekers raise fundamental questions regarding the relationship between the institution of asylum and struggles for national liberation. Underlying the legal framework that applies to them is an assumption of inverse correlation: the more Palestinians obtain access to individual asylum claims, the less secure are the... |
2023 |
| Author |
Itamar Mann |
| Title |
BETWEEN ASYLUM AND LIBERATION: THE NEW PALESTINIAN REFUGEES |
| Citation |
34 European Journal of International Law 491 (May, 2023) |
| Summary |
Contemporary Palestinian asylum seekers raise fundamental questions regarding the relationship between the institution of asylum and struggles for national liberation. Underlying the legal framework that applies to them is an assumption of inverse correlation: the more Palestinians obtain access to individual asylum claims, the less secure are the... |
| Year |
2023 |
|
| Yael Cohen-Rimer |
PALESTINIAN WOMEN AND HOUSING LAWS IN ISRAEL: A CASE STUDY OF LEGAL AND EPISTEMIC INJUSTICE |
6 Cardozo International & Comparative Law Review 349 (Spring, 2023) |
This Article is built on a legal metaphor. In criminal law, we discuss whether an actor has the mens rea for a crime. I argue in this paper that judicial review of cases related to rights infringements involve a similar inquiry. In applying discrimination laws, courts actually, though sometimes not explicitly, search for anything between intent and... |
2023 |
| Author |
Yael Cohen-Rimer |
| Title |
PALESTINIAN WOMEN AND HOUSING LAWS IN ISRAEL: A CASE STUDY OF LEGAL AND EPISTEMIC INJUSTICE |
| Citation |
6 Cardozo International & Comparative Law Review 349 (Spring, 2023) |
| Summary |
This Article is built on a legal metaphor. In criminal law, we discuss whether an actor has the mens rea for a crime. I argue in this paper that judicial review of cases related to rights infringements involve a similar inquiry. In applying discrimination laws, courts actually, though sometimes not explicitly, search for anything between intent and... |
| Year |
2023 |
|
| Noura Erakat , Darryl Li , John Reynolds |
RACE, PALESTINE, AND INTERNATIONAL LAW |
117 AJIL Unbound 77 (2023) |
In 1922, the League of Nations inscribed the goal of establishing a settler colony in Palestine for the Jewish people--in denial of the national self-determination of the Indigenous Arab population--in public international law. The Palestine Mandate juridically erased the national status of the Palestinian people by: (1) framing the Arabs as... |
2023 |
| Author |
Noura Erakat , Darryl Li , John Reynolds |
| Title |
RACE, PALESTINE, AND INTERNATIONAL LAW |
| Citation |
117 AJIL Unbound 77 (2023) |
| Summary |
In 1922, the League of Nations inscribed the goal of establishing a settler colony in Palestine for the Jewish people--in denial of the national self-determination of the Indigenous Arab population--in public international law. The Palestine Mandate juridically erased the national status of the Palestinian people by: (1) framing the Arabs as... |
| Year |
2023 |
|
| Elena Hodges |
STATE-COURT LIABILITY FOR U.S. ENTITIES FURTHERING INTERNATIONAL HARMS: TORT CAUSATION & U.S. FINANCIERS OF ISRAELI SETTLER ORGANIZATIONS DISPOSSESSING PALESTINIANS IN SHEIKH JARRAH |
47 New York University Review of Law and Social Change 49 (2023) |
In an age of drastically narrowed federal-court remedies, this Article offers a new framework to hold a range of U.S. actors accountable for facilitating grave human rights abuses and international-law violations abroad. The Article responds to impacted communities' and international human rights practitioners' search for different legal tools in a... |
2023 |
| Author |
Elena Hodges |
| Title |
STATE-COURT LIABILITY FOR U.S. ENTITIES FURTHERING INTERNATIONAL HARMS: TORT CAUSATION & U.S. FINANCIERS OF ISRAELI SETTLER ORGANIZATIONS DISPOSSESSING PALESTINIANS IN SHEIKH JARRAH |
| Citation |
47 New York University Review of Law and Social Change 49 (2023) |
| Summary |
In an age of drastically narrowed federal-court remedies, this Article offers a new framework to hold a range of U.S. actors accountable for facilitating grave human rights abuses and international-law violations abroad. The Article responds to impacted communities' and international human rights practitioners' search for different legal tools in a... |
| Year |
2023 |
|
| S. Priya Morley |
CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT |
69 UCLA Law Review Discourse 100 (2022) |
The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... |
2022 |
| Author |
S. Priya Morley |
| Title |
CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT |
| Citation |
69 UCLA Law Review Discourse 100 (2022) |
| Summary |
The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... |
| Year |
2022 |
|
| Zeina Jallad |
PLURAL BELONGING: THE SAMARITANS' NEGOTIATION OF SPACE IN THE OCCUPIED PALESTINIAN TERRITORY |
37 American University International Law Review 551 (2022) |
I. INTRODUCTION. 552 II. PALESTINE: THE CHALLENGES OF A PLURALISTIC LEGAL SYSTEM. 559 A. Legal Pluralism in Palestine: An Unprotective State-Citizen Nexus. 559 B. The Inaccessibility of the Palestinian Justice System and the Outsized Role of Religious Courts. 568 III. THE SAMARITANS: A COMMUNITY THRIVING IN CHAOS. 571 A. The Curious Creation of a... |
2022 |
| Author |
Zeina Jallad |
| Title |
PLURAL BELONGING: THE SAMARITANS' NEGOTIATION OF SPACE IN THE OCCUPIED PALESTINIAN TERRITORY |
| Citation |
37 American University International Law Review 551 (2022) |
| Summary |
I. INTRODUCTION. 552 II. PALESTINE: THE CHALLENGES OF A PLURALISTIC LEGAL SYSTEM. 559 A. Legal Pluralism in Palestine: An Unprotective State-Citizen Nexus. 559 B. The Inaccessibility of the Palestinian Justice System and the Outsized Role of Religious Courts. 568 III. THE SAMARITANS: A COMMUNITY THRIVING IN CHAOS. 571 A. The Curious Creation of a... |
| Year |
2022 |
|
| Christiane Wilke |
REVIEW ESSAY: IMPLICATED IN VIOLENCE: SOCIO-LEGAL APPROACHES TO INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL CRIMINAL LAW |
10 London Review of International Law 105 (March, 2022) |
Kamari Maxine Clarke, Affective Justice: The International Criminal Court and the Pan-Africanist Pushback (Duke University Press 2020). Noura Erakat, Justice for Some: Law and the Question of Palestine (Stanford University Press 2019). Neve Gordon and Nicola Perugini, Human Shields: A History of People in the Line of Fire (University of California... |
2022 |
| Author |
Christiane Wilke |
| Title |
REVIEW ESSAY: IMPLICATED IN VIOLENCE: SOCIO-LEGAL APPROACHES TO INTERNATIONAL HUMANITARIAN LAW AND INTERNATIONAL CRIMINAL LAW |
| Citation |
10 London Review of International Law 105 (March, 2022) |
| Summary |
Kamari Maxine Clarke, Affective Justice: The International Criminal Court and the Pan-Africanist Pushback (Duke University Press 2020). Noura Erakat, Justice for Some: Law and the Question of Palestine (Stanford University Press 2019). Neve Gordon and Nicola Perugini, Human Shields: A History of People in the Line of Fire (University of California... |
| Year |
2022 |
|
| Catherine DeMetrovich |
THE OSLO ACCORDS: A MODERN-DAY STORY OF OCCUPATION TOLD THROUGH VIOLATIONS OF THE RIGHT TO FREEDOM OF PRIVACY |
98 Indiana Law Journal 307 (Winter 2022) |
The Israeli-Palestinian conflict began in the early 1900s when the disputed land, what is now the West Bank and the Gaza Strip, fell under British rule. After the Six-Day War in 1967, Israel took control of the West Bank, Golan Heights, and the Gaza Strip. Since then, tensions between Israel and Palestine have continued to grow. This Note explores... |
2022 |
| Author |
Catherine DeMetrovich |
| Title |
THE OSLO ACCORDS: A MODERN-DAY STORY OF OCCUPATION TOLD THROUGH VIOLATIONS OF THE RIGHT TO FREEDOM OF PRIVACY |
| Citation |
98 Indiana Law Journal 307 (Winter 2022) |
| Summary |
The Israeli-Palestinian conflict began in the early 1900s when the disputed land, what is now the West Bank and the Gaza Strip, fell under British rule. After the Six-Day War in 1967, Israel took control of the West Bank, Golan Heights, and the Gaza Strip. Since then, tensions between Israel and Palestine have continued to grow. This Note explores... |
| Year |
2022 |
|
| Itamar Mann , Yael Berda |
VOTING AS A VEHICLE FOR SELF-DETERMINATION IN PALESTINE AND ISRAEL |
100 Texas Law Review 941 (April, 2022) |
Through a study of the situation in Palestine and Israel, this Essay argues that collective self-determination can, in some circumstances, be realized through voting in the political system of an occupying power. More specifically, we contend that (1) a power exercising indefinite occupation has a duty to grant voting rights in its own domestic... |
2022 |
| Author |
Itamar Mann , Yael Berda |
| Title |
VOTING AS A VEHICLE FOR SELF-DETERMINATION IN PALESTINE AND ISRAEL |
| Citation |
100 Texas Law Review 941 (April, 2022) |
| Summary |
Through a study of the situation in Palestine and Israel, this Essay argues that collective self-determination can, in some circumstances, be realized through voting in the political system of an occupying power. More specifically, we contend that (1) a power exercising indefinite occupation has a duty to grant voting rights in its own domestic... |
| Year |
2022 |
|
| Dina Awshah |
CIVIL RIGHTS? BUT NOT FOR YOU: CHILLING A GLOBALIZED PALESTINIAN RESISTANCE MOVEMENT'S FREEDOM OF EXPRESSION PROTECTIONS AS GUARANTEED BY THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS |
53 Georgetown Journal of International Law 125 (Fall, 2021) |
The past decade has seen both an increase in Israeli violence against Palestinians and a notable surge in global solidarity with Palestine. One of the most effective solidarity movements has been the Boycott, Divestment, and Sanctions (BDS) movement, created by a coalition of Palestinian civil society activists in 2005. With the increase in... |
2021 |
| Author |
Dina Awshah |
| Title |
CIVIL RIGHTS? BUT NOT FOR YOU: CHILLING A GLOBALIZED PALESTINIAN RESISTANCE MOVEMENT'S FREEDOM OF EXPRESSION PROTECTIONS AS GUARANTEED BY THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS |
| Citation |
53 Georgetown Journal of International Law 125 (Fall, 2021) |
| Summary |
The past decade has seen both an increase in Israeli violence against Palestinians and a notable surge in global solidarity with Palestine. One of the most effective solidarity movements has been the Boycott, Divestment, and Sanctions (BDS) movement, created by a coalition of Palestinian civil society activists in 2005. With the increase in... |
| Year |
2021 |
|
| Aliaa Almehdar |
FREEDOM OF EXPRESSION ON SOCIAL MEDIA PLATFORMS: FACEBOOK'S MODERATION BEHAVIOR ON PALESTINE'S MAY 2021 MOVEMENT |
54 New York University Journal of International Law & Politics 207 (Fall, 2021) |
I. Terms of Service as a Contractual Relationship and the Facebook Oversight Board. 210 II. Market Pressure, Competition, and Content Moderation. 211 III. Government Regulation of Content Moderation on Social Media Platforms. 213 IV. Violation of Freedom of Expression Laws by Platforms. 215 V. Social Media and the Communication Channel with the... |
2021 |
| Author |
Aliaa Almehdar |
| Title |
FREEDOM OF EXPRESSION ON SOCIAL MEDIA PLATFORMS: FACEBOOK'S MODERATION BEHAVIOR ON PALESTINE'S MAY 2021 MOVEMENT |
| Citation |
54 New York University Journal of International Law & Politics 207 (Fall, 2021) |
| Summary |
I. Terms of Service as a Contractual Relationship and the Facebook Oversight Board. 210 II. Market Pressure, Competition, and Content Moderation. 211 III. Government Regulation of Content Moderation on Social Media Platforms. 213 IV. Violation of Freedom of Expression Laws by Platforms. 215 V. Social Media and the Communication Channel with the... |
| Year |
2021 |
|
| Mila Kelly |
LEGAL LIABILITY FOR CORPORATIONS DOING BUSINESS IN THE WEST BANK: AN ANALYSIS OF CORPORATE LIABILITY AND A SHAREHOLDER PROPOSAL SOLUTION FOR MITIGATING RISKY BUSINESS ACTIVITY |
12 William & Mary Business Law Review 803 (April, 2021) |
For over half a century, Israeli Settlements in the occupied West Bank have expanded significantly in both land and economic activity. While this expansion has not been without criticism from the international community over fear of humanitarian law violations, global businesses have not shied away from the profitability of this region. This... |
2021 |
| Author |
Mila Kelly |
| Title |
LEGAL LIABILITY FOR CORPORATIONS DOING BUSINESS IN THE WEST BANK: AN ANALYSIS OF CORPORATE LIABILITY AND A SHAREHOLDER PROPOSAL SOLUTION FOR MITIGATING RISKY BUSINESS ACTIVITY |
| Citation |
12 William & Mary Business Law Review 803 (April, 2021) |
| Summary |
For over half a century, Israeli Settlements in the occupied West Bank have expanded significantly in both land and economic activity. While this expansion has not been without criticism from the international community over fear of humanitarian law violations, global businesses have not shied away from the profitability of this region. This... |
| Year |
2021 |
|
| Hassan Jabareen |
HOW THE LAW OF RETURN CREATES ONE LEGAL ORDER IN PALESTINE |
21 Theoretical Inquiries in Law 459 (July, 2020) |
The prevailing discourse in Israeli academia on justifying the values of Israel as a Jewish and democratic state takes the form of a debate involving questions of group rights of a national minority, as in any liberal democracy. The framework of this discourse relies on three interconnected, hegemonic assertions. These assertions assume the... |
2020 |
| Author |
Hassan Jabareen |
| Title |
HOW THE LAW OF RETURN CREATES ONE LEGAL ORDER IN PALESTINE |
| Citation |
21 Theoretical Inquiries in Law 459 (July, 2020) |
| Summary |
The prevailing discourse in Israeli academia on justifying the values of Israel as a Jewish and democratic state takes the form of a debate involving questions of group rights of a national minority, as in any liberal democracy. The framework of this discourse relies on three interconnected, hegemonic assertions. These assertions assume the... |
| Year |
2020 |
|
| Ardi Imseis |
NEGOTIATING THE ILLEGAL: ON THE UNITED NATIONS AND THE ILLEGAL OCCUPATION OF PALESTINE, 1967-2020 |
31 European Journal of International Law 1055 (August, 2020) |
This article takes a critical look at the United Nations' commitment to the international rule of law through an examination of its position on occupied Palestine post 1967. Occupation of enemy territory is meant to be temporary, and the occupying power may not rightfully claim sovereignty over such territory. Since 1967, Israel has systematically... |
2020 |
| Author |
Ardi Imseis |
| Title |
NEGOTIATING THE ILLEGAL: ON THE UNITED NATIONS AND THE ILLEGAL OCCUPATION OF PALESTINE, 1967-2020 |
| Citation |
31 European Journal of International Law 1055 (August, 2020) |
| Summary |
This article takes a critical look at the United Nations' commitment to the international rule of law through an examination of its position on occupied Palestine post 1967. Occupation of enemy territory is meant to be temporary, and the occupying power may not rightfully claim sovereignty over such territory. Since 1967, Israel has systematically... |
| Year |
2020 |
|
| Mia Lattanzi |
SETTLER COLONIALISM THROUGH THE COURT: DOMESTIC INTERPRETATIONS OF INTERNATIONAL LAW |
24 UCLA Journal of International Law and Foreign Affairs 201 (Spring, 2020) |
Since 2002, Israel has been building the Separation Wall to divide Israel and certain Israeli settlements from the rest of the occupied Palestinian West Bank. The Wall's construction prompted a series of court cases before the International Court of Justice and the Israeli High Court of Justice, debating the Wall's legality under humanitarian and... |
2020 |
| Author |
Mia Lattanzi |
| Title |
SETTLER COLONIALISM THROUGH THE COURT: DOMESTIC INTERPRETATIONS OF INTERNATIONAL LAW |
| Citation |
24 UCLA Journal of International Law and Foreign Affairs 201 (Spring, 2020) |
| Summary |
Since 2002, Israel has been building the Separation Wall to divide Israel and certain Israeli settlements from the rest of the occupied Palestinian West Bank. The Wall's construction prompted a series of court cases before the International Court of Justice and the Israeli High Court of Justice, debating the Wall's legality under humanitarian and... |
| Year |
2020 |
|
| William Thomas Worster |
TERRITORIAL STATUS TRIGGERING A FUNCTIONAL APPROACH TO STATEHOOD |
8 Penn State Journal of Law & International Affairs 118 (2020) |
C1-3Table of Contents L1-2119120120128128139143146164168179 I. Introduction. 119 II. Functional Statehood Based on Status. 120 A. Functional personality. 120 B. Functional statehood based on status. 128 1. Colonial Empires/Mandates/Protected States. 128 2. Occupied and Annexed States. 139 3. Internationalized Territories. 143 4. Entities in... |
2020 |
| Author |
William Thomas Worster |
| Title |
TERRITORIAL STATUS TRIGGERING A FUNCTIONAL APPROACH TO STATEHOOD |
| Citation |
8 Penn State Journal of Law & International Affairs 118 (2020) |
| Summary |
C1-3Table of Contents L1-2119120120128128139143146164168179 I. Introduction. 119 II. Functional Statehood Based on Status. 120 A. Functional personality. 120 B. Functional statehood based on status. 128 1. Colonial Empires/Mandates/Protected States. 128 2. Occupied and Annexed States. 139 3. Internationalized Territories. 143 4. Entities in... |
| Year |
2020 |
|