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Unpublished Paper
The Holocaust Insurance Accountability Act of 2010: Hearing before the United States House of Representatives, Committee on the Judiciary, Subcommittee on Commercial and Administrative Law. 111th Congress, 2nd Session
Congressional Testimony
  • Michael P. Van Alstine, University of Maryland School of Law
Document Type
Testimony
Publication Date
9-22-2010
Keywords
  • Holocaust,
  • Holocaust-era insurance,
  • President of the United States,
  • executive agreements,
  • international law,
  • International Commission on Holocaust Era Insurance Claims
Abstract

The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as federal law. The testimony criticizes these court opinions to provide a legal context for HR 4596.

Citation Information
Michael P. Van Alstine. "The Holocaust Insurance Accountability Act of 2010: Hearing before the United States House of Representatives, Committee on the Judiciary, Subcommittee on Commercial and Administrative Law. 111th Congress, 2nd Session" (2010)
Available at: http://works.bepress.com/michael_vanalstine/15/