AuthorTitleCitationDocument TypeStatusSummaryYear
  Wimberly v. United States Not Reported in Fed. Supp., United States District Court, E.D. California. (5/17/2017) Cases As of January 6, 2020 case has not been reversed or overruled. Plaintiff is a state prisoner, proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. §1983, and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. §1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. §636(b)(1). Plaintiff has consented to the... 2017
Nicolas Cornell, Sarah E. Light Wrongful Benefit & Arctic Drilling 50 U.C. Davis Law Review 1845 (June, 2017) Law Review Articles and Other Secondary Sources   The law contains a diverse range of doctrines--slayer rules that prevent murderers from inheriting, restrictions on trade in conflict diamonds, the Fourth Amendment's exclusion of evidence obtained through unconstitutional search, and many more--that seem to instantiate a general principle that it can be wrong to profit from past harms or... 2017
Craig B. Futterman, Chaclyn Hunt, Jamie Kalven Youth/police Encounters on Chicago's South Side: Acknowledging the Realities 51 Georgia Law Review 1079 (Summer, 2017) Law Review Articles and Other Secondary Sources   This Article was originally published in the 2016 Volume of the University of Chicago Legal Forum, entitled Policing the Police. The suggested citation to this Article is: Craig Futterman et al., They Have All the Power: Youth/Police Encounters on Chicago's South Side, 2016 U. Chi. Legal F. 125. The Article appears with the permission of the... 2017
Elise C. Boddie Adaptive Discrimination 94 North Carolina Law Review 1235 (May, 2016) Law Review Articles and Other Secondary Sources   This Article critiques the assumption in constitutional law that racial discrimination is siloed, static, and time limited. It argues instead that discrimination is systemic, dynamic, and intergenerational due to its adaptive nature. The Article sets forth a theory of adaptive discrimination--that discrimination adapts to law and to social norms... 2016
Khaled A. Beydoun Between Indigence, Islamophobia, and Erasure: Poor and Muslim in "War on Terror" America 104 California Law Review 1463 (December, 2016) Law Review Articles and Other Secondary Sources   Nearly half of the Muslim American population is interlocked between indigence and Islamophobia, or anti-Muslim animus. Of the estimated eight million Muslim Americans, 45 percent of this population earns a household income less than $30,000 per year. While this statistic clashes with pervasive stereotyping of Muslim Americans as middle class,... 2016
Yukiko Koga Between the Law: the Unmaking of Empire and Law's Imperial Amnesia 41 Law and Social Inquiry 402 (Spring, 2016) Law Review Articles and Other Secondary Sources   Asian victims of Japanese imperialism have filed lawsuits against the Japanese government and corporations since the 1990s, which became prime sites for redress decades after Japan's defeat in World War II. As this ethnography demonstrates, this process paradoxically exposes a legal lacuna within this emergent transnational legal space, with... 2016
Mary Crossley Black Health Matters: Disparities, Community Health, and Interest Convergence 22 Michigan Journal of Race and Law 53 (Fall, 2016) Law Review Articles and Other Secondary Sources   Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories,... 2016
Eric K. Yamamoto , Miyoko Pettit-Toledo , Sarah Sheffield Bridging the Chasm: Reconciliation's Needed Implementation Fourth Step 15 Seattle Journal for Social Justice 109 (Summer, 2016) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction 110 II. The Setting: Reconciliation Uplifted, Reconciliation Criticized 119 A. An Age of Reconciliation 119 B. Reconciliation Stalled 128 III. The Challenge: Bridging the Reconciliation Chasm 134 A. Unfinished Business--Illustrations 134 B. The Chasm 138 IV. The Prevailing Template 141 A. Reconciliation... 2016
  Brief Amicus Curiae of the American Civil Liberties Union, the Leadership Conference on Civil and Human Rights, the Naacp Legal Defense & Educational Fund, Inc., the National Coalition on Black Civic Participation & the National Urban League, in Support o (2/16/2016) Briefs   FN1. The parties have filed blanket letters of consent to amicus briefs in support of either party or neither party. No counsel for a party authored this brief in whole or in part, and no... 2016
  Civil Complaint Verified Complaint for Declaratory and Injunctive Relief and Damages from Racketeering, Conspiracy to Engage in a Pattern of Racketeering Activity, and Related Claims; Jury Demanded: (10/17/2016) Trial Court Documents   18 U.S.C. 1961 et seq.; 18 U.S.C. 1964 (Civil RICO Remedies); and, International Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political Rights... 2016
Ann Cammett Confronting Race and Collateral Consequences in Public Housing 39 Seattle University Law Review 1123 (Summer, 2016) Law Review Articles and Other Secondary Sources   C1-2Contents Introduction. 1124 I. Race-Based Discrimination in Housing: An American History. 1125 A. Private Discrimination. 1126 B. State-Sponsored Discrimination. 1128 C. The Fair Housing Acts. 1131 D. The High Cost of Race Discrimination in Housing. 1132 II. Collateral Damage: The Racial Impact of Mass Criminalization in Public Housing. 1135 A.... 2016
Justin Hughes, Robert P. Merges Copyright and Distributive Justice 92 Notre Dame Law Review 513 (December, 2016) Law Review Articles and Other Secondary Sources   Introduction. 514 I. Rawlsian Justice, How Rawls Uses Property, and the Propriety of Using Rawls. 517 A. A Primer on Rawlsian Justice. 518 B. High Concepts, Practical Application. 524 II. Practical Rawlsian Justice, Distributive Realities of Copyright. 526 A. The Difference Principle and Jobs, Income, and Wealth from Copyright. 528 1. Income to... 2016
Leigh A. Payne , Gabriel Pereira Corporate Complicity in International Human Rights Violations 12 Annual Review of Law and Social Science 63 (2016) Law Review Articles and Other Secondary Sources   human rights, business, corporations, transitional justice, truth commissions, voluntary principles Two literatures--business and human rights and transitional justice--can be usefully combined to consider the issue of corporate complicity in past human rights violations in dictatorships and armed conflicts. But although the transitional justice... 2016
Hendrik Hartog Coverture and Dignity: a Comment 41 Law and Social Inquiry 833 (Fall, 2016) Law Review Articles and Other Secondary Sources   This short comment challenges efforts to expand the notion of a dignity taking to traditional legal structures, like those identified with coverture. It suggests that the inequalities of gender oppression are better understood as forms of slow violence. It also suggests how difficult it is to imagine and to institute remedies for wrongs rooted... 2016
Melissa Fussell Dead Men Bring No Claims: How Takings Claims Can Provide Redress for Real Property Owning Victims of Jim Crow Race Riots 57 William and Mary Law Review 1913 (April, 2016) Law Review Articles and Other Secondary Sources   Introduction. 1914 I. A Real Property Remedy for Race Riot Victims. 1917 A. Race Riots as a Source of Real Property Claims. 1917 B. The Ocoee Riot and Real Property Claims. 1919 C. Standing for Descendants of Property Takings Victims. 1924 II. A Takings Claim Solution to the Real Property Harms of Race Riots. 1926 A. Physical Occupation of Real... 2016
  Defendant Town's Memorandum in Support of Partial Motion to Dismiss Amended Complaint (2/12/2016) Trial Court Documents   LEAVE TO FILE EXCESS PAGES GRANTED ON 2/10/16 FN1. A suit against an official in his/her official capacity is a suit against the government entity. Rosaura Bldg. Corp. v. Municipality of... 2016
Verlyn F. Francis Designing Emotional and Psychological Support into Truth and Reconciliation Commissions 23 Willamette Journal of International Law and Dispute Resolution 273 (2016) Law Review Articles and Other Secondary Sources   I. INTRODUCTION. 274 II. TRUTH-TELLING AND RECONCILIATION. 275 A. What are Truth and Reconciliation Commissions?. 275 B. The Conflict - Apartheid v. Democracy in South Africa. 276 C. Designing the Process - South Africa's TRC. 277 1. Design Ownership and Designer Impartiality. 278 2. Stakeholders at the Negotiation Table. 281 D. South Africa's TRC... 2016
Bernadette Atuahene Dignity Takings and Dignity Restoration: Creating a New Theoretical Framework for Understanding Involuntary Property Loss and the Remedies Required 41 Law and Social Inquiry 796 (Fall, 2016) Law Review Articles and Other Secondary Sources   In We Want What's Ours: Learning from South Africa's Land Restitution Program, I introduced the concept of dignity takings, which I defined as property confiscation that involves the dehumanization or infantilization of the dispossessed. I argued that the appropriate remedy for a dignity taking is dignity restoration: material compensation to... 2016
Adilson José Moreira Discourses of Citizenship in American and Brazilian Affirmative Action Court Decisions 64 American Journal of Comparative Law 455 (Summer 2016) Law Review Articles and Other Secondary Sources   American and Brazilian courts are traveling quite different paths regarding the question of racial justice. Race neutrality has become an influential interpretive approach in both jurisdictions, a perspective that articulates a depiction of these nations as culturally homogenous societies with the defense of liberal principles as a necessary... 2016
Kris Franklin Do We Need Subject Matter-specific Pedagogies? 65 Journal of Legal Education 839 (Summer, 2016) Law Review Articles and Other Secondary Sources   Spur-of-the-moment exam for members of the law faculty: OK, everyone, please take out your laptops and write an essay on the following topic: Would your class be different or the same if every subject in law school had its own unique teaching methodology? This Article considers our collective responses to this little pop quiz. If the quiz had... 2016
Robert A. Kahn Does it Matter How One Opposes Memory Bans? A Commentary on Liberte Pour L'histoire 15 Washington University Global Studies Law Review 55 (2016) Law Review Articles and Other Secondary Sources   This Article examines Liberté pour l'Histoire , a group of French historians who led the charge against that nation's memory laws and, in the process, raised unique arguments not found elsewhere in the debate over hate speech regulation. Some of these arguments--such as a focus on how the constitutional structure of the Fifth Republic encouraged... 2016
Catherine Millas Kaiman Environmental Justice and Community-based Reparations 39 Seattle University Law Review 1327 (Summer, 2016) Law Review Articles and Other Secondary Sources   C1-2Contents Introduction. 1328 I. Environmental Justice Case Study: Old Smokey. 1331 II. The Environmental Justice Movement. 1334 A. The Early Days of Environmental Justice. 1336 B. Environmental Justice Progress. 1338 III. Tools and Barriers. 1339 A. Environmental Laws. 1340 1. National Environmental Protection Act. 1342 2. Executive Order... 2016
Ruth Gordon Essays in Honor of Dr. Martin Luther King, Jr. 61 Villanova Law Review 537 (2016) Law Review Articles and Other Secondary Sources   I must congratulate my colleague, Michelle Dempsey, for her brilliant idea to honor the sixtieth anniversary of the Villanova Law Review through reflections by Villanova Law Faculty on pioneering Law Review articles. It is both an honor for the Law Review and an acknowledgement of the talents of my esteemed colleagues. Still, when asked to be part... 2016
David L. Attanasio Extraordinary Reparations, Legitimacy, and the Inter-american Court 37 University of Pennsylvania Journal of International Law 813 (Spring 2016) Law Review Articles and Other Secondary Sources   1. Introduction. 815 2. Inter-American Reparations and the Problem of Legitimacy. 823 2.1. The Reparations Jurisprudence of the Inter-American Court. 823 2.2. Traditional Corrective Justice and Requirements for Genuine Reparations. 832 2.3. Requirements for Genuine Reparations and the Problem of Legitimacy. 837 3. Cessation of Human Rights... 2016
George A. Martínez Further Thoughts on Race, American Law, and the State of Nature: Advancing the Multiracial Paradigm Shift and Seeking Patterns in the Area of Race and Law 85 UMKC Law Review 105 (Fall, 2016) Law Review Articles and Other Secondary Sources   Philosophy reveals what is hidden. It discloses or makes things comprehensible or understandable. In my article on Race, American Law and the State of Nature, I have sought to use philosophical theory-- state of nature theory--as a way to understand American law and issues of race. Philosophical state of nature theory reveals or discloses what is... 2016
  Hannon v. Loretta Lynch Not Reported in F.Supp.3d, United States District Court, S.D. Ohio, Eastern Division. (2/9/2016) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the Court on the Magistrate Judge's Report and Recommendation (Doc. 2) recommending that Plaintiff James Hannon's Complaint be dismissed for failure to state a claim upon which relief can be granted. Plaintiff objected to the Report and Recommendation (Doc. 5.) Upon independent review, the Court hereby OVERRULES Plaintiff's... 2016
Christina Swarns I Can't Breathe!: a Century Old Call for Justice 46 Seton Hall Law Review 1021 (2016) Law Review Articles and Other Secondary Sources   I Can't Breathe. 1023 Hands Up, Don't Shoot. 1028 Black Lives Matter. 1030 2016
Naomi A. Himmelhoch In the Padded Closet: Thoughts on a Secret Life 27 Hastings Women's Law Journal 191 (Summer 2016) Law Review Articles and Other Secondary Sources   The author maintains that all people, places, and events in this book are real and he has depicted them accurately to the best of his ability. Before drawing conclusions, however, the reader is cautioned to bear in mind the fact that the author has spent considerable time mentally unbalanced. Mark Vonnegut, The Eden Express I have been in the... 2016
Stewart Chang Is Gay the New Asian?: Marriage Equality and the Dawn of a New Model Minority 23 Asian American Law Journal L.J. 5 (2016) Law Review Articles and Other Secondary Sources   Introduction. 5 I. Asian Immigration and the American Family: Shifting the Rhetoric From Exclusion to Assimilation. 9 A. Family Ideation and Early Stereotypes of Asians as Sexualized Yellow Peril. 11 B. Family Ideation and the Stereotyping of Asians as a Sexual Model Minority. 15 II. Why Gay Is Definitely Not the New Black: The Evolution of the Bad... 2016
Stephen Oliwa Is it Too Late Now to Say Sorry: German Reparations to Homosexuals 18 Rutgers Journal of Law & Religion 95 (Fall, 2016) Law Review Articles and Other Secondary Sources   Thousands of gay Germans were convicted--some even put to death--under a 1871 law that was on the books in Germany through the Holocaust until 1994. Germany's Green Party representatives Katja Keul and Volker Beck have demanded reparations on behalf of the thousands of men whose lives were ruined after being convicted under the provision. This... 2016
S.I. Strong Large-scale Dispute Resolution in Jurisdictions Without Judicial Class Actions: Learning from the Irish Experience 22 ILSA Journal of International and Comparative Law 341 (Winter, 2016) Law Review Articles and Other Secondary Sources   I. Introduction. 341 II. Large-Scale Claims in Countries Without Large-Scale Relief - The Irish Experience. 343 A. Army Hearing Loss Claims. 345 B. Residential Institutions Claims. 346 C. Magdalen Laundry Claims. 350 D. Symphysiotomy Claims. 354 E. Pyrite Construction Claims. 355 III. The DePuy Procedure. 357 A. DePuy as a Purely Private Dispute.... 2016
Jasmine Sankofa Mapping the Blank: Centering Black Women's Vulnerability to Police Sexual Violence to Upend Mainstream Police Reform 59 Howard Law Journal 651 (Spring 2016) Law Review Articles and Other Secondary Sources   ABSTRACT. 652 INTRODUCTION. 652 I. RACE AND POLICING. 658 II. RACE AND STRUCTURAL SEXUAL VIOLENCE. 666 A. Police Sexual Violence. 666 B. A Brief History of Sexualized Racial Terror Against Black Women. 673 III. ADVANCING JUSTICE: BROADENING THE SCOPE OF PROPOSED INTERVENTIONS. 683 A. Divesting From Law Enforcement. 683 B. Building Survivor Support.... 2016
Geoff Ward Microclimates of Racial Meaning: Historical Racial Violence and Environmental Impacts 2016 Wisconsin Law Review 575 (2016) Law Review Articles and Other Secondary Sources   This article examines the socially constitutive force of historical racial violence, dimensions and mechanisms of environmental impact, enduring questions, and remedial implications. I stress the importance of empirical scrutiny of racial violence since the nineteenth century, both for the development of critical race perspective on its social... 2016
Ezhan Hasan Miranda Rights and Wrongs 79 Texas Bar Journal 440 (June, 2016) Law Review Articles and Other Secondary Sources   Imagine you are a commoner in Massachusetts in the late 17th century. You tend to your own business and are pretty successful at avoiding conflict with anyone. Well, that is except for the one neighbor who thinks you don't sing loudly enough at church, your business rival who envies your recent success, and the old woman down the street who feels... 2016
Raymond M. Brown, Wanda Akin Mlk: Human Rights & Dreams & Metaphors or . Justice as a Verb 51 Valparaiso University Law Review 57 (Fall, 2016) Law Review Articles and Other Secondary Sources   I say to you today, my friends, though, even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream. For today's conversation, we want to emphasize three truths. First, Dr. Martin Luther King Jr. is a human symbol of an attempt by one wing of the mid-twentieth century civil... 2016
Eleanor Marie Lawrence Brown On Black South Africans, Black Americans, and Black West Indians: Some Thoughts on We Want What's Ours 114 Michigan Law Review 1037 (April, 2016) Law Review Articles and Other Secondary Sources   We Want What's Ours: Learning from South Africa's Land Restitution Program. By Bernadette Atuahene. Oxford and New York: Oxford University Press. 2014. Pp. viii, 198. $42.50. Most modern constitutions have eminent domain provisions that mandate just compensation for forced deprivations of land and require such deprivations to be for a public use or... 2016
  Original Brief of Plaintiff-appellant, Walter Block (10/31/2016) Briefs   FN1. ROA.8-9. FN2. ROA.925-47. FN3. ROA.949-50. FN4. ROA.502-17. FN5. ROA.511. 8-pages/53-paragraphs earlier, the NYTimes indirectly referred to Block's comments, though without identifying... 2016
  Petition for Writ of Certiorari (11/8/2016) Briefs   42 U.S.C §1983 and §1985 First U.S. Constitutional Amendment Second U.S. Constitutional Amendment Fourth U.S. Constitutional Amendment Fifth U.S. Constitutional Amendment Fourteenth U.S.... 2016
  Preliminary Objections on Behalf of Defendant, Dr. Jurij R. Bilyk, to Plaintiffs' Amended Complaint (1/1/2016) Trial Court Documents   By and through his counsel, O'Brien & Ryan, LLP, defendant, Dr. Jurij R. Bilyk, hereby files the following Preliminary Objections to Plaintiffs' Amended Complaint and states: 1. On or about... 2016
Joy Milligan Protecting Disfavored Minorities: Toward Institutional Realism 63 UCLA Law Review 894 (May, 2016) Law Review Articles and Other Secondary Sources   Constitutional theorists in the United States once believed courts could protect politically disfavored minorities from the excesses of democracy. Eventually, many lost faith in constitutional reform through litigation, as they saw courts fail to effectively implement rights protections. Given the judiciary's institutional limitations, it appeared... 2016
Sarah T. Deuitch Putting the Spotlight on "The Terminator": How the Icc Prosecution of Bosco Ntaganda Could Reduce Sexual Violence During Conflict 22 William and Mary Journal of Women and the Law 655 (Spring, 2016) Law Review Articles and Other Secondary Sources   Introduction I. Background: Sexual Violence During Conflict A. History and Justifications of Sexual Violence During Conflict B. Changing International Views on Sexual Violence in Conflict C. Sexual Violence in the Democratic Republic of the Congo 1. The Modern History 2. The Impact of Conflict 3. Impunity as a Contributing Factor 4. Efforts to... 2016
Carol M. Rose Racially Restrictive Covenants--were They Dignity Takings? 41 Law and Social Inquiry 939 (Fall, 2016) Law Review Articles and Other Secondary Sources   Racially restrictive covenants--subdivision rules or neighborhood agreements that run with the land to bar sales of rentals by minority members--were common and legally enforceable in the United States in the first half of the twentieth century. In spite of their demeaning character, these racial covenants took away opportunities from excluded... 2016
David Lurie Rental Home Sweet Home: the Disparate Impact Solution for Renters Evicted from Residential Foreclosures 111 Northwestern University Law Review 239 (2016) Law Review Articles and Other Secondary Sources   Abstract--At the end of the last decade, a drastic spike in residential foreclosures brought unprecedented attention to the damage that mass foreclosure often brings to primarily low-income, minority--majority communities. Much of this attention--in both the media and in the legal arena-- has been devoted to homeowners disadvantaged by predatory... 2016
Erika C. Weaver Reparations for Descendants of American Slaves: the Recurring Clarion Call That Emerges from Race-based, Social, and Political Movements 21 Public Interest Law Reporter 167 (Spring, 2016) Law Review Articles and Other Secondary Sources   The demand for reparations isn't new. It began with Callie House after enslavement ended. She knew that soldiers were given pension and sought a pension for freed slaves who were too old to work. In 2014, Ta-Nehisi Coates reminded societies of the moral and ethical premise of reparations when he quoted Deuteronomy 15:12-15. Coates' piece detailed... 2016
Zahava Moerdler Restituting Justice: Applying the Holocaust Restitution Process to Subsequent Genocides and Human Rights Violations 40 Fordham International Law Journal 131 (November, 2016) Law Review Articles and Other Secondary Sources   INTRODUCTION. 132 I. BACKGROUND: HOLOCAUST RESTITUTION IN HISTORICAL PERSPECTIVE AND THE CLASS ACTION AND INTERNATIONAL NEGOTIATIONS MECHANISMS. 137 A. Background of Holocaust Restitution. 137 B. The Class Action Mechanism: The US Litigation Tool. 144 C. International Political Negotiations: Creating International Agreements in Austria and the... 2016
Eden Medina , Ilan Sandberg Wiener Science and Harm in Human Rights Cases: Preventing the Revictimization of Families of the Disappeared 125 Yale Law Journal Forum 331 (3/3/2016) Law Review Articles and Other Secondary Sources   International human rights law and the jurisprudence of the Inter-American Court of Human Rights obligate states to investigate cases of forced disappearance (also called enforced disappearance) until the victim has been found and identified. However, neither specifies the precise mechanisms that states must use to comply with this obligation.... 2016
  Sixteenth Annual International Advocate for Peace Award Honoring Benjamin "Ben" Ferencz 18 Cardozo Journal of Conflict Resolution 115 (Fall, 2016) Law Review Articles and Other Secondary Sources   On April 11, 2016, the Cardozo Journal of Conflict Resolution presented its sixteenth annual International Advocate for Peace Award to Ben Ferencz. What follows is a transcription of the award ceremony, including Ben Ferencz's acceptance speech. Lara Traum: Thank you everyone for joining us today for the sixteenth annual International Advocate for... 2016
Ciara Torres-Spelliscy Slaves to the Bottom Line: the Corporate Role in Slavery from Nuremberg to Now 6 Stetson Law Review 167 (Fall, 2016) Law Review Articles and Other Secondary Sources   Historically, behind many a slave's suffering the threat of violence alone, there has been a businessman staring at a balance sheet making the calculation as to whether that suffering is necessary for the good of the bottom line. The temptation for corporations to use slave labor is a perennial problem. With the profit motive propelling strategic... 2016
Sergio Puig, University of Arizona Sugar and the Making of International Trade Law. By Michael Fakhri. Cambridge, New York: Cambridge University Press, 2014. Pp. Xvii, 250. Index. $99 110 American Journal of International Law 415 (April, 2016) Law Review Articles and Other Secondary Sources   The importance of sugar in international trade cannot be overstated. Consider the following news headlines: Last year, the negotiations of the massive Trans-Pacific Partnership (TPP) (nearly 40 percent of global gross domestic product (GDP)) were derailed after Australia demanded, and U.S. negotiators rejected, a better deal for the southern... 2016
Bernadette Atuahene Takings as a Sociolegal Concept: an Interdisciplinary Examination of Involuntary Property Loss 12 Annual Review of Law and Social Science 171 (2016) Law Review Articles and Other Secondary Sources   property, dignity takings, dignity restoration, new legal realism, reparations, adverse possession, squatting, eminent domain, dispossession, displacement This review seeks to establish takings as a respected field of sociolegal inquiry. In the legal academy, the term takings has become synonymous with constitutional takings. When defined more... 2016
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