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	Comments on: Paper of the Day: Toward Nakba as a Legal Concept	</title>
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	<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/</link>
	<description>The Blog of International Judicial Assistance</description>
	<lastBuildDate>Thu, 13 Jun 2024 15:55:10 +0000</lastBuildDate>
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		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14714</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Thu, 13 Jun 2024 15:55:10 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14714</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14694&quot;&gt;Daniel&lt;/a&gt;.

I agree with you that it&#039;s not really a legal argument. I do think the right response is to have someone write a detailed rebuttal in a prestige journal rather than to say, &quot;this is absurd, no one will take it seriously.&quot; That was the mistake people made with &quot;settler-colonialism.&quot;]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14694">Daniel</a>.</p>
<p>I agree with you that it&#8217;s not really a legal argument. I do think the right response is to have someone write a detailed rebuttal in a prestige journal rather than to say, &#8220;this is absurd, no one will take it seriously.&#8221; That was the mistake people made with &#8220;settler-colonialism.&#8221;</p>
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		<title>
		By: Daniel		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14694</link>

		<dc:creator><![CDATA[Daniel]]></dc:creator>
		<pubDate>Thu, 13 Jun 2024 08:31:45 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14694</guid>

					<description><![CDATA[I&#039;ve read the &quot;article.&quot; The last thing you can say about it is that it is an &quot;academic&quot; article. It is more of a one-side ideologic manifesto from the start to the end. If the author wnat to establish a new term in international law, he should have begin with a theortical basis which deals with the question how to make a new legal term - i.e genoside, a crime against huminity.  But he provides no such basis. Instead he wrote a long one-sided political article,  in which he base his arguments on what he  holds these truths [facts] to be self-evident.
This article is a shame for HLS where the author is learning for his jds dgree.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;ve read the &#8220;article.&#8221; The last thing you can say about it is that it is an &#8220;academic&#8221; article. It is more of a one-side ideologic manifesto from the start to the end. If the author wnat to establish a new term in international law, he should have begin with a theortical basis which deals with the question how to make a new legal term &#8211; i.e genoside, a crime against huminity.  But he provides no such basis. Instead he wrote a long one-sided political article,  in which he base his arguments on what he  holds these truths [facts] to be self-evident.<br />
This article is a shame for HLS where the author is learning for his jds dgree.</p>
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		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14671</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Wed, 12 Jun 2024 14:51:44 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14671</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14648&quot;&gt;Mark&lt;/a&gt;.

That&#039;s exactly right. My post doesn&#039;t even address the legal aspects of the article, because as Ralph pointed out in his comment, it&#039;s not really a legal paper.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14648">Mark</a>.</p>
<p>That&#8217;s exactly right. My post doesn&#8217;t even address the legal aspects of the article, because as Ralph pointed out in his comment, it&#8217;s not really a legal paper.</p>
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		<title>
		By: Mark		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14648</link>

		<dc:creator><![CDATA[Mark]]></dc:creator>
		<pubDate>Tue, 11 Jun 2024 20:56:43 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14648</guid>

					<description><![CDATA[I&#039;m still struggling with how Nabka is a legal as opposed to a religious or political concept. If it isn&#039;t, it seems strange that it would be published in the Columbia Law Review? I would really like to see arguments why or why not Nabka it is workable as a coherent and legal concept that can be applied in a variety of situations as all laws must be.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m still struggling with how Nabka is a legal as opposed to a religious or political concept. If it isn&#8217;t, it seems strange that it would be published in the Columbia Law Review? I would really like to see arguments why or why not Nabka it is workable as a coherent and legal concept that can be applied in a variety of situations as all laws must be.</p>
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		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14508</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Sun, 09 Jun 2024 11:28:51 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14508</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14479&quot;&gt;Chris Perez&lt;/a&gt;.

<img src="https://s.w.org/images/core/emoji/17.0.2/72x72/1f926-200d-2642-fe0f.png" alt="🤦‍♂️" class="wp-smiley" style="height: 1em; max-height: 1em;" />]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14479">Chris Perez</a>.</p>
<p>🤦‍♂️</p>
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		<title>
		By: Chris Perez		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14482</link>

		<dc:creator><![CDATA[Chris Perez]]></dc:creator>
		<pubDate>Sat, 08 Jun 2024 23:47:51 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14482</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14227&quot;&gt;Ralph Stone&lt;/a&gt;.

Not all Jews are in favor of genocidal settler colonial projects. And all of these articles are biased, you just don’t notice it unless it happens to be against the status quo.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14227">Ralph Stone</a>.</p>
<p>Not all Jews are in favor of genocidal settler colonial projects. And all of these articles are biased, you just don’t notice it unless it happens to be against the status quo.</p>
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		<title>
		By: Chris Perez		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14479</link>

		<dc:creator><![CDATA[Chris Perez]]></dc:creator>
		<pubDate>Sat, 08 Jun 2024 23:44:51 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14479</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14143&quot;&gt;Ted Folkman&lt;/a&gt;.

Political Zionism is a genocidal settler colonial project. Have you ever read what Herzl or Jabotinsky wrote? Israel doesn’t stop being a settler colonial project just because colonialism isn’t as popular as it once was.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14143">Ted Folkman</a>.</p>
<p>Political Zionism is a genocidal settler colonial project. Have you ever read what Herzl or Jabotinsky wrote? Israel doesn’t stop being a settler colonial project just because colonialism isn’t as popular as it once was.</p>
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		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14254</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Thu, 06 Jun 2024 23:26:00 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14254</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14227&quot;&gt;Ralph Stone&lt;/a&gt;.

I don’t disagree with you, Ralph, about the problems with the paper but I think the answer is not to say, “it’s bad, don’t pay attention to it,” but to have someone ( not me!) spend a year rebutting it in detail.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14227">Ralph Stone</a>.</p>
<p>I don’t disagree with you, Ralph, about the problems with the paper but I think the answer is not to say, “it’s bad, don’t pay attention to it,” but to have someone ( not me!) spend a year rebutting it in detail.</p>
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		<title>
		By: Ralph Stone		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14227</link>

		<dc:creator><![CDATA[Ralph Stone]]></dc:creator>
		<pubDate>Thu, 06 Jun 2024 20:01:08 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14227</guid>

					<description><![CDATA[Why would any respectable law review choose to publish what is in essence nothing more than a biased review of anti-Zionist literature?  Of the 400+ footnotes, fewer than ten even cite anything even remotely resembling “law” – no cases are cited (save a reference to a recent ICJ order), no statutes are cited, there are fewer than ten law review articles cited (and that is after giving latitude to the term “law review”).  What passes for scholarship in the social sciences, and apparently now in law as well?  Highbrow phrases, hundreds of footnotes practically overtaking the text, that’s all one might need to be celebrated as a brilliant and well-researched work.  

Emblematic of the dishonesty of the article is another critical omission above some of the others you identify.  Despite the timing of its publication and obvious relationship to the subject, nowhere does the author mention October 7.  

The article has garnered far more attention than it deserves largely because of the “secretive” and “unusual” process leading to its publication.  I take this to be code for a process that excluded the critical eyes of Jews.  A Columbia tradition!  If you are going to rewrite history in the name of “social justice,” this is how it is done.]]></description>
			<content:encoded><![CDATA[<p>Why would any respectable law review choose to publish what is in essence nothing more than a biased review of anti-Zionist literature?  Of the 400+ footnotes, fewer than ten even cite anything even remotely resembling “law” – no cases are cited (save a reference to a recent ICJ order), no statutes are cited, there are fewer than ten law review articles cited (and that is after giving latitude to the term “law review”).  What passes for scholarship in the social sciences, and apparently now in law as well?  Highbrow phrases, hundreds of footnotes practically overtaking the text, that’s all one might need to be celebrated as a brilliant and well-researched work.  </p>
<p>Emblematic of the dishonesty of the article is another critical omission above some of the others you identify.  Despite the timing of its publication and obvious relationship to the subject, nowhere does the author mention October 7.  </p>
<p>The article has garnered far more attention than it deserves largely because of the “secretive” and “unusual” process leading to its publication.  I take this to be code for a process that excluded the critical eyes of Jews.  A Columbia tradition!  If you are going to rewrite history in the name of “social justice,” this is how it is done.</p>
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		<title>
		By: Ted Folkman		</title>
		<link>https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14158</link>

		<dc:creator><![CDATA[Ted Folkman]]></dc:creator>
		<pubDate>Thu, 06 Jun 2024 10:59:10 +0000</pubDate>
		<guid isPermaLink="false">https://lettersblogatory.com/?p=33002#comment-14158</guid>

					<description><![CDATA[In reply to &lt;a href=&quot;https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14149&quot;&gt;Paul Wielgosz&lt;/a&gt;.

This is the kind of comment it is wisest not to respond to, but I want to correct one common confusion you express. Judaism is of course a religion, but the Jews are both a religious group and a nation and an ethnicity. There are many Jews who are atheists, and the majority of Jews in Israel are not religious, nor were the state’s founders. Political Zionism is not about religion, but about nationality. The French people have a state in France, their homeland. The Japanese people have a state in Japan, their homeland. The Arab people have many states. Jews have a right to a state in their homeland, too. Note that I did not claim that the Jews are the &lt;em&gt;only&lt;/em&gt; people who have rights in the land. That is why the land must be shared in the long run.]]></description>
			<content:encoded><![CDATA[<p>In reply to <a href="https://lettersblogatory.com/2024/06/05/paper-of-the-day-toward-nakba-as-a-legal-concept/#comment-14149">Paul Wielgosz</a>.</p>
<p>This is the kind of comment it is wisest not to respond to, but I want to correct one common confusion you express. Judaism is of course a religion, but the Jews are both a religious group and a nation and an ethnicity. There are many Jews who are atheists, and the majority of Jews in Israel are not religious, nor were the state’s founders. Political Zionism is not about religion, but about nationality. The French people have a state in France, their homeland. The Japanese people have a state in Japan, their homeland. The Arab people have many states. Jews have a right to a state in their homeland, too. Note that I did not claim that the Jews are the <em>only</em> people who have rights in the land. That is why the land must be shared in the long run.</p>
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