Lee A Spielmann

July 17, 2024 | New York Law Journal

In recent years, a number of cases have sought compensation from Germany or Hungary for property the Nazis or their allies seized. Plaintiffs relied upon the "expropriation exception" of the Foreign Sovereign Immunities Act (FSIA) to secure jurisdiction over the foreign sovereign. The authors discuss two such cases, 'Toren v. Federal Republic of Germany' and' Republic of Hungary v. Simon.'

By Lee A. Spielmann

10 minute read

December 14, 2023 | New York Law Journal

Supreme Court decisions of far-reaching consequences have often been accompanied by impassioned dissents. This article highlights some of the more notable ones.

By Lee A. Spielmann

11 minute read

November 28, 2022 | New York Law Journal

Despite this passage of time, this seminal 1942 case retains a practical and symbolic importance worth recalling and revisiting.

By Lee A. Spielmann

10 minute read

September 22, 2021 | New York Law Journal

A discussion of 'Scalin v. Société Nationale,' a suit against the French national railways which the author writes "opens a window to a larger and too-often neglected historical issue"—the role the railroad systems played in the destruction of Europe's Jews during the Holocaust.

By Lee A. Spielmann

9 minute read

July 14, 2021 | New York Law Journal

The U.S. Supreme Court in 'Federal Republic of Germany v. Philipp' recently held that the 1935 sale of various cultural artifacts by their Jewish owners to the Nazi regime was insufficient to overcome Germany's presumptive immunity against suit under the Foreign Sovereign Immunities Act. A central flaw in its analysis implicates the decision's soundness.

By Lee A. Spielmann

10 minute read

April 23, 2021 | New York Law Journal

Regardless of the political landscape, the natural world continues to face threats from a growing population and demands for economic growth. One potent prophylactic measure would expand the doctrine of "standing" to broaden the range of plaintiffs who could litigate to preserve threatened lands.

By Lee A. Spielmann

10 minute read

December 02, 2020 | New York Law Journal

With the prosecution of accused Nazi criminals having essentially ended, evaluating the significance of these proceedings becomes appropriate. A comparison between the Ryan and Demjanjuk extradition decisions is particularly illuminating.

By Lee A. Spielmann

9 minute read

July 13, 2020 | New York Law Journal

Justice John Paul Stevens, who would have turned 100 in April, passed away one year ago this July. His 2019 autobiography discussed his position in many of his cases. One case not mentioned was 'Fedorenko v. United States.' The decision's significance and concomitant symbolism warrant revisiting Stevens' dissent.

By Lee A. Spielmann

9 minute read

August 25, 2015 | New York Law Journal

Lee A. Spielmann writes: In the last few years, German prosecutors have begun a concerted effort to bring criminal prosecutions against remaining death camp guards. This recent commitment, however, highlights that for many years Germany was exceedingly lax in its efforts to prosecute and punish Nazi criminals.

By Lee A. Spielmann

14 minute read

August 24, 2015 | New York Law Journal

Lee A. Spielmann writes: In the last few years, German prosecutors have begun a concerted effort to bring criminal prosecutions against remaining death camp guards. This recent commitment, however, highlights that for many years Germany was exceedingly lax in its efforts to prosecute and punish Nazi criminals.

By Lee A. Spielmann

14 minute read