Natalie R Davidson
Biographic Data
| ID | 1914684 |
|---|---|
| NAME | Natalie R Davidson |
| GIVEN NAMES | Natalie R |
| FAMILY NAME | Davidson |
| SIGNATURE | DAVIDSON N R |
| AFFILIATIONS | Tel Aviv University |
| ORCID | 0000-0003-0698-5843 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 8 |
| WORKS AS AUTHOR | 9 |
| WORKS AS EDITOR | 0 |
| FIRST PUBLICATION YEAR | 2017 |
| LATEST PUBLICATION YEAR | 2025 |
| H-INDEX | 2 |
Countering authoritarian populists’ legal theory
How should legal academics respond to authoritarian populists? What shape should their public interventions take? To address these questions, this article reframes the activism of legal scholars against populism as a struggle over competing legal theories. It is well documented that authoritarian populists make opportunistic use of democratic institutions, in particular constitutional reform and lawmaking by an elected legislature. This article d…
Israeli Courts and the Paradox of International Human Rights Law
This article offers the first comprehensive mapping of the place of international human rights law (IHRL) in Israeli case law. It explores how Israeli courts use IHRL, based on quantitative and qualitative content analysis of all decisions, in all courts, referring to IHRL between 1990 and 2019. It reveals that Israeli courts mobilize IHRL predominantly with respect to children’s rights and due process, seldom invoking IHRL in relation to ethnic …
Computational audits combat disparities in recognition
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy
Everyday Lawmaking in International Human Rights Law
How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and r…
The judicial review of legality
In comparative constitutional law, the various models of judicial review require courts to examine either the substantive content of legislation or the procedure through which legislation was passed. This article offers a new model of judicial review – ‘the judicial review of legality’ – in which courts review instead the forms of law. The forms of law are the ways in which law communicates its norms to the persons who are meant to comply with th…
Toward a Self-Reflexive Law? Narrating Torture’s Legality in Human Rights Litigation
This essay’s starting point is scholarship describing the state practice of using law as a tool of mass atrocity, and the part played by liberal trials in obscuring this ‘dark side’ of legality. It asks whether law’s complicity with atrocity is only visible when one steps outside the legal arena, or whether there might be opportunities within liberal legal institutions to develop what the essay calls self-reflexive law: rule of law mechanisms tha…
Alien Tort Statute Litigation and Transitional Justice
Transnational tort litigation of human rights abuses has generated an extraordinary amount of commentary. Yet there is little research on its implications for transitional justice (TJ). This article considers some of those implications through a study of a landmark case in which 10,000 Philippine victims of torture and other abuses sued Ferdinand Marcos in US courts under the Alien Tort Statute. Analyzing Marcos from the perspective of critical a…
Shifting the Lens on Alien Tort Statute Litigation
This article revisits the two seminal Alien Tort Statute (ATS) cases Filrtiga v. Pea-Irala and In re: Marcos Human Rights Litigation. Setting aside the dominant framework of accountability, the article explores the historical narratives produced in those cases. It exposes how Filrtiga and Marcos recast as entirely foreign violence in which the US executive was deeply involved, due to a combination of legal and political constraints in the exercis…
Alien Tort Statute Litigation and Transitional Justice
Transnational tort litigation of human rights abuses has generated an extraordinary amount of commentary. Yet there is little research on its implications for transitional justice (TJ). This article considers some of those implications through a study of a landmark case in which 10,000 Philippine victims of torture and other abuses sued Ferdinand Marcos in US courts under the Alien Tort Statute. Analyzing Marcos from the perspective of critical a…
Everyday Lawmaking in International Human Rights Law
How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and r…
Shifting the Lens on Alien Tort Statute Litigation
This article revisits the two seminal Alien Tort Statute (ATS) cases Filrtiga v. Pea-Irala and In re: Marcos Human Rights Litigation. Setting aside the dominant framework of accountability, the article explores the historical narratives produced in those cases. It exposes how Filrtiga and Marcos recast as entirely foreign violence in which the US executive was deeply involved, due to a combination of legal and political constraints in the exercis…
Toward a Self-Reflexive Law? Narrating Torture’s Legality in Human Rights Litigation
This essay’s starting point is scholarship describing the state practice of using law as a tool of mass atrocity, and the part played by liberal trials in obscuring this ‘dark side’ of legality. It asks whether law’s complicity with atrocity is only visible when one steps outside the legal arena, or whether there might be opportunities within liberal legal institutions to develop what the essay calls self-reflexive law: rule of law mechanisms tha…
Alien Tort Statute Litigation and Transitional Justice
Transnational tort litigation of human rights abuses has generated an extraordinary amount of commentary. Yet there is little research on its implications for transitional justice (TJ). This article considers some of those implications through a study of a landmark case in which 10,000 Philippine victims of torture and other abuses sued Ferdinand Marcos in US courts under the Alien Tort Statute. Analyzing Marcos from the perspective of critical a…
Shifting the Lens on Alien Tort Statute Litigation
This article revisits the two seminal Alien Tort Statute (ATS) cases Filrtiga v. Pea-Irala and In re: Marcos Human Rights Litigation. Setting aside the dominant framework of accountability, the article explores the historical narratives produced in those cases. It exposes how Filrtiga and Marcos recast as entirely foreign violence in which the US executive was deeply involved, due to a combination of legal and political constraints in the exercis…
Ejil Roll of Honour; 2021 Ejil Peer Reviewer Prize; Changes in the Masthead; Germany v Italy
Everyday Lawmaking in International Human Rights Law
How is international human rights law (IHRL) made “everyday” outside of treaty negotiations? Leading socio-legal accounts emphasize transnational civil society activism as a driver of norm change but insufficiently consider power dynamics and the legal-institutional environment. This article sheds light on these dimensions of IHRL by reconstructing how domestic violence came to be included in the prohibition of torture in five international and r…
The judicial review of legality
In comparative constitutional law, the various models of judicial review require courts to examine either the substantive content of legislation or the procedure through which legislation was passed. This article offers a new model of judicial review – ‘the judicial review of legality’ – in which courts review instead the forms of law. The forms of law are the ways in which law communicates its norms to the persons who are meant to comply with th…
Israeli Courts and the Paradox of International Human Rights Law
This article offers the first comprehensive mapping of the place of international human rights law (IHRL) in Israeli case law. It explores how Israeli courts use IHRL, based on quantitative and qualitative content analysis of all decisions, in all courts, referring to IHRL between 1990 and 2019. It reveals that Israeli courts mobilize IHRL predominantly with respect to children’s rights and due process, seldom invoking IHRL in relation to ethnic …
Computational audits combat disparities in recognition
Countering authoritarian populists’ legal theory
How should legal academics respond to authoritarian populists? What shape should their public interventions take? To address these questions, this article reframes the activism of legal scholars against populism as a struggle over competing legal theories. It is well documented that authoritarian populists make opportunistic use of democratic institutions, in particular constitutional reform and lawmaking by an elected legislature. This article d…
Political science (7 works) · Law (6 works) · Human rights (5 works) · International Law and Human Rights (5 works) · Judicial and Constitutional Studies (3 works) · Law (3 works) · Politics (3 works) · Sociology (3 works) · Torture (3 works) · Alien Tort Statute (2 works)