Israel Reflections 2013–A Meeting with a Judicial Giant

A highlight of our trip was meeting with Justice Aharon Barak. Barak has been hailed as the father of Israeli constititutional law, and Justice Elana Kagan called Justice Barak her “judicial hero.” His remarks covered a widespread range of topics from the development of Israeli law to several difference famous Israeli Supreme Court cases to the importance of the U.S. Supreme Court. Two different students share their thoughts below:

From Alexandra Weiland:

On a recent trip to Israel with Marquette University Law School, our class was fortunate enough to meet with Justice Aharon Barak, former president of the Israeli Supreme Court. Barak’s contributions to the Israeli legal system could be characterized as staggering. 

Continue ReadingIsrael Reflections 2013–A Meeting with a Judicial Giant

New Supreme Court Ruling on the Alien Tort Statute

For those interested in federal courts or U.S. foreign relations law, the Supreme Court just issued an important decision in Kiobel v. Royal Dutch Petroleum Co. The basic issue concerned the extent to which the Alien Tort Statute (“ATS”) confers jurisdiction upon district courts to recognize a federal cause of action for violations of customary international law. Here’s what happened: Nigerian nationals sued Royal Dutch Petroleum in federal court for aiding and abetting atrocities allegedly committed by the Nigerian military in the early 1990s, when the plaintiffs and many others were protesting the environmental effects of the oil company’s operations in the Niger River Delta. The district court dismissed some of the claims on the ground that the alleged conduct did not violate international law. On appeal, the Second Circuit dismissed the entire complaint on the view that the ATS does not recognize corporate liability. Many thought that the Supreme Court would affirm on similar reasoning, but the Court mostly sidestepped the issue of corporate liability to focus instead on whether the ATS confers jurisdiction over claims alleging violations of international law when the unlawful acts occurred within the territory of a foreign sovereign.

Continue ReadingNew Supreme Court Ruling on the Alien Tort Statute

Israel Reflections 2013–It’s Still Complicated

As we wrote about the last Israel trip, noting the complications and contradictions of the country are crucial to also understanding it.  On the 65th anniversary of Israeli independence, this blog post from student Kristina Minor discusses the importance and implications of Zionism:

Israel is by far the most complicated place I have ever been.  There is no way to fully understand what is going on in the area without walking the streets and speaking to the people.  What hit me most about the trip was seeing the beauty and passion for life and harmony that has emerged as a result of hundreds of years of conflict and pain.

The very foundations of the Israeli are based on a painful Jewish history and promises waiting to be fulfilled. 

Continue ReadingIsrael Reflections 2013–It’s Still Complicated