Soifer, Aviam
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ItemDescent( 2001)
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ItemThe Task of Hearing What Has Already Been Said: History and Native American Legal Claims(Israel Yearbook of Human Rights, 1993)This essay considers several recent invocations of history by American judges. It does so in the context of Native American legal claims,' but its point about the demands and abuse of history has broader implications. My argument is that each of three distinct judicial approaches to the past exemplified by these decisions is seriously flawed. Taken together, however, these cases underscore how claims purportedly derived from history can become a powerful whipsaw. As we will see, these recent decisions employ history inconsistently, yet with devastating effectiveness, against Indian claims. They demonstrate how commonplace it is for judges to make claims based on history, while blithely remaining blind to the crucial understandings at the confluence of memory, meaning and historical accuracy.
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ItemOn Being Overly Discrete and Insular: Involuntary Groups and the Anglo-American Judicial Tradition(Israel Yearbook of Human Rights, 1990)This essay sketches the profoundly ahistorical approach of judges today to precisely those groups who most obviously warrant special judicial concern if there is to be any special judicial solicitude on the basis of past wrongs.
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ItemOptimism v. Hope: Larry Yackle, in Fairness(Boston University Law Review, 2018)
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ItemOf Swords, Shields, and a Gun to the Head: Coercing Individuals, but Not States(Seattle University Law Review, 2016)
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ItemJVD(University of Hawaii Law Review, 2012)
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ItemHear Today, God Tomorrow: To Be in but Not of the Law with Moses, and Milner Ball(Georgia Law Review, 2007)