front cover of Free Burma
Free Burma
Transnational Legal Action and Corporate Accountability
John G. Dale
University of Minnesota Press, 2010
When the military’s ruling party violently quashed Burma’s pro-democracy movement, diplomatic condemnation quickly followed—to little effect. But when Burma’s activists began linking the movement to others around the world, the result was dramatically different. This book is the first to explain how Burma’s pro-democracy movement became a transnational social movement for human rights.

Through the experience of the Free Burma movement, John G. Dale demonstrates how social movements create and appropriate legal mechanisms for generating new transnational political opportunities. He presents three corporate accountability campaigns waged by the Free Burma movement. The cases focus on the legislation of “Free Burma” laws in local governments throughout the United States; the effort to force the state of California to de-charter Unocal Oil Corporation for its flagrant abuse of human rights; and the first-ever use of the U.S. Alien Tort Claims Act to sue a corporation in a U.S. court for human rights abuses committed abroad. Dale’s work also raises the issue of how foreign policies of so-called constructive engagement actually pose a threat to the hope of Burma’s activists—and others worldwide—for more democratic economic development.
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front cover of The Holocaust, Corporations, and the Law
The Holocaust, Corporations, and the Law
Unfinished Business
Leora Bilsky
University of Michigan Press, 2017
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.
 
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