Loyola Genocide Justice Clinic students are contributing to a U.S. Supreme Court amicus brief that the Center for the Study of Law & Genocide will file this month in two Holocaust restitution cases: Simon v. Hungary and Philipp v. Germany.
Students Amit Azulay (’22), Zarif Kazi (’22), Adam Kurland (’22), Meighann Mahoney (’22), Kristina Moisa (’22), Sabrina O'Mara (’22), Malin McWalters (’21), and Alfonso Nava (LLM) are scouring the full breadth of domestic, international, and foreign law sources to help craft arguments supporting the position that Germany and Hungary can be haled into U.S. courts to answer claims for compensation by the heirs of Hungarian Holocaust victims and Jewish art dealers. LGJC Clinical Director and CSLG Deputy Director Rajika Shah has written about both Simon and Philipp on several occasions (including her chapter in the forthcoming Oxford University Press publication, Postgenocide: Interdisciplinary Reflections on the Effects of Genocide). Following the Supreme Court's grant of certiorari over the summer, she quickly assembled a highly respected group of fellow amici, including Prof. Michael Bazyler and The 1939 Society, Bet Tzedek, and the Anti-Defamation League. This work is consistent with the Center's longstanding tradition of Holocaust-related scholarship, including Founding Director and Professor of Law Stanley Goldman's book, Left to the Mercy of a Rude Stream: The Bargain That Broke Adolf Hilter and Saved My Mother (2018). In light of Professor Shah’s many years of experience litigating genocide restitution cases in U.S. courts -- including several Armenian genocide restitution cases and a case brought by Sudanese/Darfuri refugees –the CSLG was honored to be tasked with drafting the brief.
The two cases are No. 18-1447 (Simon) and 19-351 (Philipp). The CSLG's amicus brief is available for download from the Supreme Court website now.
CSLG and Jewish World Watch hosted a discussion of these cases on November 17. On December 7, the day of the Supreme Court oral arguments, CSLG also hosted a listening session to discuss and comment on the court’s proceedings that day.
For more information, contact Prof. Shah at Rajika.Shah@lls.edu