Papers by Michael Bazyler
LAW IS COMMONLY THOUGHT OF as an antidote to genocide rather than its facilitator. In Holocaust, ... more LAW IS COMMONLY THOUGHT OF as an antidote to genocide rather than its facilitator. In Holocaust, Genocide, and the Law, Professor Michael Bazyler of Chapman University's Fowler School of Law refutes the notion that the Holocaust was an extralegal event-instead, he isolates the law as the preferred instrument of wholesale murder and destruction. The book traces the long shadow that the Holocaust has cast on the contemporary corpus of international law and many legal systems across the world. While it tells the unfolding catastrophe of the Holocaust as a legal history, the book considers the legal triumphs that followed the catastrophe in their entire context. Specifically, the book explores the legal means that have been used in the last seventy years to redress historical wrongs, obtain justice for victims, and prevent future genocides. These legal means, which Bazyler labels as "Post-Holocaust law," are shown to have developed in an organized fashion over time to become a discrete body of law. Between masterfully balancing the law's ability to ruin with its capacity to redress, Bazyler clearly asserts one point: Post-Holocaust law does not yet fit the Post-Holocaust world.
Japan Should Follow the International Trend and Face Its History of World War II Forced Labor
The Asia-Pacific Journal: Japan Focus, 2009
Nuremberg-Era Jurisprudence Redux: The Supreme Court in Kiobel v. Royal Dutch Petroleum Co. and the Legal Legacy of Nuremberg
Social Science Research Network, Nov 17, 2000
This article is dedicated to the members of The "1939" Club, that heroic group of Holocaust survi... more This article is dedicated to the members of The "1939" Club, that heroic group of Holocaust survivors who, with their youthful energy and passion, provided me with the inspiration and motivation for this project.
Brooklyn journal of international law, 2003
clinton1.htm. 37. See AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND THE... more clinton1.htm. 37. See AGREEMENT BETWEEN THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY AND THE GOVERNMENT OF THE UNITED STATES OF AMERICA CONCERNING THE FOUNDATION "REMEMBRANCE, RESPONSIBILITY AND THE FUTURE," available at the website of the German Economy Foundation Initiative Steering Group, at www.stiftungsinitiative.de/eindexr.html (last visited June 21, 2003). See also A Law on the Creation of a Foundation Remembrance, Responsibility and Future. Id. It should be noted that Germany and its industry, despite making these payments, continues to deny that German companies which used Jews and others as slaves during the war have any legal liability for such acts. See id. ("No legal basis exists for claims against German enterprises with regard to forced labor or to injuries consequential upon persecution during the Nazi era."). 38.
LAW IS COMMONLY THOUGHT OF as an antidote to genocide rather than its facilitator. In Holocaust, ... more LAW IS COMMONLY THOUGHT OF as an antidote to genocide rather than its facilitator. In Holocaust, Genocide, and the Law, Professor Michael Bazyler of Chapman University's Fowler School of Law refutes the notion that the Holocaust was an extralegal event-instead, he isolates the law as the preferred instrument of wholesale murder and destruction. The book traces the long shadow that the Holocaust has cast on the contemporary corpus of international law and many legal systems across the world. While it tells the unfolding catastrophe of the Holocaust as a legal history, the book considers the legal triumphs that followed the catastrophe in their entire context. Specifically, the book explores the legal means that have been used in the last seventy years to redress historical wrongs, obtain justice for victims, and prevent future genocides. These legal means, which Bazyler labels as "Post-Holocaust law," are shown to have developed in an organized fashion over time to become a discrete body of law. Between masterfully balancing the law's ability to ruin with its capacity to redress, Bazyler clearly asserts one point: Post-Holocaust law does not yet fit the Post-Holocaust world.
Capturing Terrorists in the \u27Wild Blue Yonder\u27: International Law and the Achille Lauro and Libyan Aircraft Incidents
Civil Litigaton for the Financial Crimes of the Holocaust
Holocaust, Genocide, and the Law, 2017
Lex Americana: Holocaust Litigation in American Courts as a Model for Remedial Action for Genocie and Other Human Massive Rights Abuses
Suing Hitler's Willing Business Partners: American Justice and Holocaust Morality
Jewish Political Studies Review, 2004
The Holocaust restitution lawsuits, filed mostly as class actions in American courts in the latte... more The Holocaust restitution lawsuits, filed mostly as class actions in American courts in the latter half of the 1990s, yielded billions of dollars in settlements for Holocaust survivors and their heirs. The American lawsuits, and the concomitant political campaign by Amer ican Jewish leaders and American government officials, also unearthed valuable historical data about the financial crimes of the Nazis and their cohorts during WWII. This post-Holocaust restitution movement, while viewed as a success, nevertheless created troubling moral issues, and this article focuses on five of them. First, does the demand for financial restitution demean the memory of the Holocaust? Second, once the funds are collected, how are they to be fairly distributed? This raises the provocative issue of who should be deemed a "Holocaust survivor." Third, should some of these restitution funds be allocated for Holocaust education and remembrance, or do they belong solely to survivors? Fourth, wh...
Prosecuting Nazi War Criminals in the UK and Lessons for Today: Will History Repeat Itself?
Holocaust property theft and restitution
Contemporary Human Rights Challenges, 2018
What Can Be Done About Genocide: American Civil Justice as a Model for Remedial Action
Holocaust Restitution in the United States: A Search of Justice
Loyola of Los Angeles international and comparative law review, 2018
In the interest of full disclosure, both authors represent claimants seeking restitution of prope... more In the interest of full disclosure, both authors represent claimants seeking restitution of properties in Poland. We dedicate the article to the memory of Professor Zbigniew Gostyński of the Faculty of Law of Jagellonian University in Kraków. "Poland, the former leader of the social and political transformation, is the last state of the former Eastern bloc which has not carried out reprivatization." "Justification" section of the Large Reprivatization Draft Act, October 20, 2017
Berkeley Journal of International Law, 2002
This article examines the use of civil litigation in the United States to deal with human rights ... more 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 reimbursement 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... 
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Papers by Michael Bazyler