The Holocaust, Corporations, and the Law

The Holocaust, Corporations, and the Law

Author: Leora Yedida Bilsky

Publisher: University of Michigan Press

Published: 2017-09-12

Total Pages: 253

ISBN-13: 0472123092

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The Holocaust, Corporations, and the Law explores the challenge posed by the Holocaust to legal and political thought by examining issues raised by the restitution class action suits brought against Swiss banks and German corporations before American federal courts in the 1990s. Although the suits were settled for unprecedented amounts of money, the defendants did not formally assume any legal responsibility. Thus, the lawsuits were bitterly criticized by lawyers for betraying justice and by historians for distorting history. Leora Bilsky argues class action litigation and settlement offer a mode of accountability well suited to addressing the bureaucratic nature of business involvement in atrocities. Prior to these lawsuits, legal treatment of the Holocaust was dominated by criminal law and its individualistic assumptions, consistently failing to relate to the structural aspects of Nazi crimes. Engaging critically with contemporary debates about corporate responsibility for human rights violations and assumptions about “law,” she argues for the need to design processes that make multinational corporations accountable, and examines the implications for transitional justice, the relationship between law and history, and for community and representation in a post-national world. Her novel interpretation of the restitution lawsuits not only adds an important dimension to the study of Holocaust trials, but also makes an innovative contribution to broader and pressing contemporary legal and political debates. In an era when corporations are ever more powerful and international, Bilsky’s arguments will attract attention beyond those interested in the Holocaust and its long shadow.


The Holocaust, Corporations, and the Law

The Holocaust, Corporations, and the Law

Author: Leora Bilsky

Publisher: University of Michigan Press

Published: 2017-09-12

Total Pages: 253

ISBN-13: 0472053612

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An important examination of multinational corporations' accountability in the era of globalization and the long shadow of the Holocaust


Holocaust Justice

Holocaust Justice

Author: Michael J. Bazyler

Publisher: NYU Press

Published: 2005-04

Total Pages: 431

ISBN-13: 0814799043

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"The unique features of the American system of justice - which allowed it to handle claims that originated over fifty years ago and in another part of the world - made it the only forum in the world where Holocaust claims could be heard. Without the lawsuits brought by American lawyers. Bazyler asserts, the claims of the elderly survivors and their heirs would continue to be ignored."--BOOK JACKET.


We the Corporations: How American Businesses Won Their Civil Rights

We the Corporations: How American Businesses Won Their Civil Rights

Author: Adam Winkler

Publisher: Liveright Publishing

Published: 2018-02-27

Total Pages: 485

ISBN-13: 0871403846

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National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.


Human Rights and Corporations

Human Rights and Corporations

Author: David Kinley

Publisher: Routledge

Published: 2009

Total Pages: 568

ISBN-13:

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High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and on-going efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles the leading essays from this body of work.


Holocaust Restitution

Holocaust Restitution

Author: Michael J. Bazyler

Publisher: NYU Press

Published: 2006

Total Pages: 393

ISBN-13: 0814799434

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Holocaust Restitution is the first volume to present the Holocaust restitution movement directly from the viewpoints of the various parties involved in the campaigns and settlements. Now that the Holocaust restitution claims are closed, this work enjoys the benefits of hindsight to provide a definitive assessment of the movement. From lawyers and State Department officials to survivors and heads of key institutes involved in the negotiations, the volume brings together the central players in the Holocaust restitution movement, both pro and con. The volume examines the claims against European banks and against Germany and Austria relating to forced labor, insurance claims, and looted art claims. It considers their significance, their legacy, and the moral issues involved in seeking and receiving restitution. Contributors: Roland Bank, Michael Berenbaum, Lee Boyd, Thomas Buergenthal, Monica S. Dugot, Stuart E. Eizenstat, Eric Freedman and Richard Weisberg, Si Frumkin, Peter Hayes, Kai Henning, Roman Kent, Lawrence Kill and Linda Gerstel, Edward R. Korman, Otto Graf Lambsdorff, David A. Lash and Mitchell A. Kamin, Hannah Lessing and Fiorentina Azizi, Burt Neuborne, Owen C. Pell, Morris Ratner and Caryn Becker, Shimon Samuels, E. Randol Schoenberg, William Z. Slany, Howard N. Spiegler, Deborah Sturman, Robert A. Swift, Gideon Taylor, Lothar Ulsamer, Melvyn I. Weiss, Roger M. Witten, Sidney Zabludoff, and Arie Zuckerman.


Business and Industry in Nazi Germany

Business and Industry in Nazi Germany

Author: Francis R. Nicosia

Publisher: Berghahn Books

Published: 2004

Total Pages: 248

ISBN-13: 9781571816535

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During the past decade, the role of Germany's economic elites under Hitler has once again moved into the limelight of historical research and public debate. This volume offers a brief but focused introduction to the role of German businesses and industries in the crimes of Hitler's Third Reich.


Imperfect Justice

Imperfect Justice

Author: Stuart Eizenstat

Publisher: Public Affairs

Published: 2009-08-05

Total Pages: 438

ISBN-13: 0786751053

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In the second half of the 1990s, Stuart Eizenstat was perhaps the most controversial U.S. foreign policy official in Europe. His mission had nothing to do with Russia, the Middle East, Yugoslavia, or any of the other hotspots of the day. Rather, Eizenstat's mission was to provide justice—albeit belated and imperfect justice—for the victims of World War II. Imperfect Justice is Eizenstat's account of how the Holocaust became a political and diplomatic battleground fifty years after the war's end, as the issues of dormant bank accounts, slave labor, confiscated property, looted art, and unpaid insurance policies convulsed Europe and America. He recounts the often heated negotiations with the Swiss, the Germans, the French, the Austrians, and various Jewish organizations, showing how these moral issues, shunted aside for so long, exposed wounds that had never healed and conflicts that had never been properly resolved. Though we will all continue to reckon with the crimes of World War II for a long time to come, Eizenstat's account shows that it is still possible to take positive steps in the service of justice.


Reckonings

Reckonings

Author: Mary Fulbrook

Publisher: Oxford University Press

Published: 2018-09-04

Total Pages: 694

ISBN-13: 019068125X

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Winner of the Wolfson History Prize 2019 Shortlisted for the 2019 Cundill History Prize From the Holocaust Museum in Washington, D.C. to the "stumbling stones" embedded in Berlin sidewalks, memorials to victims of Nazi violence have proliferated across the globe. More than a million visitors as many as killed there during its operation now visit Auschwitz each year. There is no shortage of commemoration of Nazi crimes. But has there been justice? Reckonings shows persuasively that there has not. The name "Auschwitz," for example, is often evoked to encapsulate the Holocaust. Yet focusing on one concentration camp, however horrific the scale of the crimes committed there, does not capture the myriad ways individuals became tangled up on the side of the perpetrators, or the diversity of experiences among their victims. And it can obscure the continuing legacies of Nazi persecution across generations and across continents. Exploring the lives of individuals across a spectrum of suffering and guilt each one capturing one small part of the greater story Mary Fulbrook's haunting and powerful book uses "reckoning" in the widest possible sense: to reveal the disparity between the extent of inhumanity and later attempts to interpret and rectify wrongs, as the consequences of violent reverberated through time. From the early brutality of political oppression and anti-Semitic policies, through the "euthanasia" program, to the full devastation of the ghettos and death camps, then moving across the post-war decades of selective confrontation with perpetrators and ever-expanding recognition of victims, Reckonings exposes the disjuncture between official myths about "dealing with the past" and the fact that the vast majority of Nazi perpetrators were never held accountable. In the successor states to the Third Reich East Germany, West Germany, and Austria prosecution varied widely and selective justice was combined with the reintegration of former Nazis. Meanwhile, those who had lived through this period, as well as their children, the "second generation," continued to face the legacies of Nazism in the private sphere - in ways often at odds with those of public remembrance and memorials. By following the various phases of trials and testimonies, from those immediately after the war through succeeding decades and up to the present, Reckonings illuminates the shifting accounts by which both perpetrators and survivors have assessed the significance of this past for subsequent generations, and calibrates anew the scales of justice.


Trapped

Trapped

Author: John Hasnas

Publisher: Cato Institute

Published: 2006

Total Pages: 136

ISBN-13: 9781930865884

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Since Enron's collapse in 2002, the federal government has stepped up its campaign against white-collar crime. In this timely book, John Hasnas reveals how the government's effort to enforce legal rules has created a Catch-22 legal environment in which businesspeople must either act unethically or illegally.