| Author | Title | Citation | Document Type | Status | Summary | Year |
| Benjamin M. Leff |
Tax Benefits of Government-owned Marijuana Stores |
50 U.C. Davis Law Review 659 (December, 2016) |
Law Review Articles and Other Secondary Sources |
|
Over a year ago (March 7, 2015), a little store called the Cannabis Corner opened in the small town of North Bonneville, Washington. The Cannabis Corner is the first marijuana store operated by a public development authority, an independent entity created by a state or local government. Public development authorities are generally exempt from... |
2016 |
| Ethan Hee-Seok Shin |
The "Comfort Women" Reparation Movement: Between Universal Women's Human Right and Particular Anti-colonial Nationalism |
28 Florida Journal of International Law 87 (April, 2016) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 88 II. Imperial Japan and Its Aftermath. 91 A. Imperial Japan up to 1945. 91 B. The Politico-Legal Settlement after World War II. 94 C. Reparation Movement since the 1990s: From the Political to the Legal. 99 III. Main Legal Issues of the Japanese Reparation. 103 A. (Il)legality of Imperial Japan's Colonial Rule over Korea. 103 B.... |
2016 |
| Beth Van Schaack |
The Building Blocks of Hybrid Justice |
44 Denver Journal of International Law and Policy 169 (Winter, 2016) |
Law Review Articles and Other Secondary Sources |
|
The commission of mass atrocities--genocide, crimes against humanity, and war crimes--inevitably generates clarion calls for accountability from a range of international actors, including civil society organizations, governments, and United Nations bodies. These demands often center on an appeal that the situation be taken up by the International... |
2016 |
| Steven W. Bender |
The Colors of Cannabis: Race and Marijuana |
50 U.C. Davis Law Review 689 (December, 2016) |
Law Review Articles and Other Secondary Sources |
|
C1-2Table of Contents Introduction. 689 I. Reefer Madness: The History of Racialized Prohibition and Enforcement. 690 II. Campaign Colors. 692 III. The New White Market: Examining the Color of the Legal Marijuana Industry. 695 IV. The Resilient Black Market. 698 V. Life After Legalization: Blunt Realities for Minority Users. 700 VI. Next Steps:... |
2016 |
| Carmen G. Gonzalez |
The Environmental Justice Implications of Biofuels |
20 UCLA Journal of International Law and Foreign Affairs 229 (Spring, 2016) |
Law Review Articles and Other Secondary Sources |
|
Analyses of the viability of biofuels as alternatives to fossil fuels have often adopted a technocratic approach that focuses on environmental consequences, but places less emphasis on the impact that biofuels may have on vulnerable populations. This Article fills the gap in the existing literature by evaluating biofuels through the lens of... |
2016 |
| Alfred L. Brophy , Elizabeth Troutman |
The Eugenics Movement in North Carolina |
94 North Carolina Law Review 1871 (September, 2016) |
Law Review Articles and Other Secondary Sources |
|
This Article places North Carolina into the social, political, and legal context of the movement in the United States that resulted in the sterilization of more than thirty thousand people from the 1920s through the 1960s. We sketch the social and political arguments that were mobilized to support sterilization, as well as the jurisprudence that... |
2016 |
| John T. Bennett |
The Harm in Hate Speech: a Critique of the Empirical and Legal Bases of Hate Speech Regulation |
43 Hastings Constitutional Law Quarterly 445 (Spring, 2016) |
Law Review Articles and Other Secondary Sources |
|
Proposals to regulate hate speech are often premised on the societal consequences of racist or sexist speech: mainly, the psychological toll of bigotry on minorities and widespread gender or racial inequalities in American life. Specifically, proposals for hate speech regulation rest on two largely unexamined premises: that hate speech causes... |
2016 |
| Bobby L. Dexter |
The Hate Exclusion: Moral Tax Equity for Damages Received on Account of Race, Sex, or Sexual Orientation Discrimination |
13 Pittsburgh Tax Review 197 (Spring, 2016) |
Law Review Articles and Other Secondary Sources |
|
Scholars on both sides of the reparations literature divide commonly contemplate some form of federal monetary outlay. At the same time, given both the absence of such an outlay and the dire prognosis that such largesse is forthcoming, tax scholars rarely contribute to traditional reparations literature. With this Article, Professor Dexter... |
2016 |
| A. C. L. Davies, University of Oxford, email: anne.davies@law.ox.ac.uk |
The Immigration Act 2016 |
45 Industrial Law Journal 431 (September, 2016) |
Law Review Articles and Other Secondary Sources |
|
This note considers the labour law provisions of Part 1 (sections 1-38) of the Immigration Act 2016. These have received relatively little critical attention, perhaps because of the focus on the Trade Union Act 2016, which was going through Parliament at much the same time. The labour law provisions of the Act fall into four main groups: the... |
2016 |
| Juana Inés Acosta-López |
The Inter-american Human Rights System and the Colombian Peace: Redefining the Fight Against Impunity |
110 AJIL Unbound 178 (2016) |
Law Review Articles and Other Secondary Sources |
|
The results of the plebiscite suggest that Colombia's international obligations regarding the right to justice will be a key issue in the new postplebiscite phase of the peace negotiation. Perhaps, then, the best starting point for an analysis of these obligations is the rejected Peace Accord. If it complies with international obligations, then it... |
2016 |
| G. Flint Taylor |
The Long Path to Reparations for the Survivors of Chicago Police Torture |
11 Northwestern Journal of Law & Social Policy 330 (Spring, 2016) |
Law Review Articles and Other Secondary Sources |
|
In the early 1970s, a Chicago police detective named Jon Burge began a nearly twenty-year reign of police terror that was visited upon more than 120 almost exclusively African-American men who were interrogated at police stations on the South and West sides of Chicago. Burge, working with a unit of white detectives who came to be known as the... |
2016 |
| Anthony E. Cook |
The Moynihan Report and the Neo-conservative Backlash to the Civil Rights Movement |
8 Georgetown Journal of Law & Modern Critical Race Perspectives Persp. 1 (Spring, 2016) |
Law Review Articles and Other Secondary Sources |
|
By the time of the election of Ronald Reagan in 1980, the forces that would shape a sustained backlash against the gains of the Civil Rights Movement were already in play: party realignment and the re-emergence of the religious right in American politics; the rise of a law and order movement that would morph into a war on drugs movement fueling... |
2016 |
| Gary Peller |
The Moynihan Report, Self-help, and Black Power |
8 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Spring, 2016) |
Law Review Articles and Other Secondary Sources |
|
In 1965, Daniel Patrick Moynihan, then an assistant Secretary of Labor developing policies for the Johnson Administration's War on Poverty, published The Negro Family: The Case For National Action. During the ensuing decades of controversy and contestation, it has been commonly referred to as the Moynihan Report. The Moynihan Report collected... |
2016 |
| Judge Joseph A. Greenaway, Jr. |
The Promise of America |
37 Cardozo Law Review 1167 (April, 2016) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 1167 I. Notions of Equality in the Declaration and in Contemporaneous Writings. 1168 II. From Dred Scott to Plessy: The Jurisprudence of Inequality. 1172 III. Turning the Tide: The Battle Towards Brown. 1179 Conclusion. 1183 One of my favorite movies is The Godfather. We all know that Marlon Brando earned an Oscar for his role as... |
2016 |
| Alexander A. Bove, Jr. and Ruth Mattson |
The Purpose Trust: Drafting Becomes a Work of Art |
43 Estate Planning 26 (October, 2016) |
Law Review Articles and Other Secondary Sources |
|
With imagination, valid trusts can be designed to fulfill creative goals at minimized tax costs, as is illustrated by a recently drafted trust. Bright morning light streams through the large windows of a SoHo gallery onto a new exhibition, exposing two very large frames, side by side. The frames showcase 26 pages of ordinary paper with writing that... |
2016 |
| Paul Butler |
The System Is Working the Way it Is Supposed To: the Limits of Criminal Justice Reform |
104 Georgetown Law Journal 1419 (August, 2016) |
Law Review Articles and Other Secondary Sources |
|
Ferguson has come to symbolize a widespread sense that there is a crisis in American criminal justice. This Article describes various articulations of what the problems are and poses the question of whether law is capable of fixing these problems. I consider the question theoretically by looking at claims that critical race theorists have made... |
2016 |
| Sanford Levinson |
The Ten Year War: What If Lincoln Had Not Exited after Four Years? |
51 Tulsa Law Review 313 (Winter 2016) |
Law Review Articles and Other Secondary Sources |
|
GREGORY P. DOWNS, AFTER APPOMATTOX: MILITARY OCCUPATION AND THE ENDS OF WAR (HARVARD UNIVERSITY PRESS 2015). PP. 342.HARDCOVER $ 32.95... GEORGE KATEB, LINCOLN'S POLITICAL THOUGHT (HARVARD UNIVERSITY PRESS 2015). PP. 236. HARDCOVER $24.95. LOUIS P. MASUR, LINCOLN'S LAST SPEECH: WARTIME RECONSTRUCTION AND THE CRISIS OF REUNION (OXFORD UNIVERSITY... |
2016 |
| Carroll Seron |
The Two Faces of Law and Inequality: from Critique to the Promise of Situated, Pragmatic Policy |
50 Law and Society Review Rev. 9 (March, 2016) |
Law Review Articles and Other Secondary Sources |
|
Over the course of my career, I have navigated a research agenda that moves between scholarly and policy-oriented research. Building on this experience, I argue that it is time for law and society scholars to take seriously a commitment to engaged scholarship that speaks to a wider audience of stakeholders and policymakers. Three themes frame my... |
2016 |
| Corinna Barrett Lain |
Three Supreme Court "Failures" and a Story of Supreme Court Success |
69 Vanderbilt Law Review 1019 (May, 2016) |
Law Review Articles and Other Secondary Sources |
|
Plessy v. Ferguson. Buck v. Bell. Korematsu v. United States. Together, these three decisions legitimated separate but equal, sanctioned the forced sterilization of thousands, and ratified the removal of Japanese Americans from their homes during World War II. By Erwin Chemerinsky's measure in The Case Against the Supreme Court, all three are... |
2016 |
| |
Two Return Preparers Charged with Filing False Tax Returns for Their Clients |
(9/28/2016) |
Administrative Decisions & Guidance |
|
|
2016 |
| Wouter Veraart |
Two Rounds of Postwar Restitution and Dignity Restoration in the Netherlands and France |
41 Law and Social Inquiry 956 (Fall, 2016) |
Law Review Articles and Other Secondary Sources |
|
The looting and systematic deprivation of the property rights of the Jewish population in the Netherlands and France during the years of occupation brought about a deprivation of dignity, since these measures were intended to hit these people in their capacities as legal subjects, destroying their abilities to take part in economic and social life.... |
2016 |
| |
United Kingdom 2015 Human Rights Report |
(5/1/2016) |
Administrative Decisions & Guidance |
|
|
2016 |
| |
Unopposed Motion of Kenneth R. Feinberg for Leave to File as Amicus Curiae in Support of Appellees' Petition for Panel Rehearing or Rehearing En Banc |
(5/31/2016) |
Briefs |
|
Pursuant to Federal Rule of Appellate Procedure 29(b), Kenneth R. Feinberg hereby moves the Court for leave to file the accompanying brief, as Amicus Curiae in Support of Appellees'... |
2016 |
| Richard Delgado , Jean Stefancic |
What Do We Regret and Why? |
4 Texas A&M Law Review 123 (Fall, 2016) |
Law Review Articles and Other Secondary Sources |
|
Mea Culpa: Lessons on Law and Regret from U.S. History. By Steven W. Bender. New York and London: New York University Press. 2015. 188 pp. + notes. Cloth, $35.00. C1-2Table of Contents I. Introduction. 123 II. Why We Go Astray. 128 A. Dehumanization. 128 B. Law as Safeguard. 130 1. In Law, Reversal Is Rare and Structurally Isolated. 131 2. An... |
2016 |
| Alfred L. Brophy |
When More than Property Is Lost: the Dignity Losses and Restoration of the Tulsa Riot of 1921 |
41 Law and Social Inquiry 824 (Fall, 2016) |
Law Review Articles and Other Secondary Sources |
|
Bemadette Atuahene's We Want What's Ours focuses on deprivations that go beyond property losses. Her focus is on the dignity harms to South Africans over centuries, such as denial of citizenship, that accompanied the theft of their land. I focus here on one grotesque episode of violence, the Tulsa race riot of 1921, to gauge dignity takings in a US... |
2016 |
| Craig B. Futterman, Chaclyn Hunt, Jamie Kalven |
Youth/police Encounters on Chicago's South Side: Acknowledging the Realities |
2016 University of Chicago Legal Forum 125 (2016) |
Law Review Articles and Other Secondary Sources |
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This paper highlights the critical importance of acknowledging the reality of Black teenagers' experiences with the police. Public conversations about urban police practices tend to exclude the perspectives and experiences of young Black people, the citizens most affected by those practices. The aim of the Youth/Police Project--a collaboration of... |
2016 |
| |
(Proposed) Amicus Curiae Brief of the Global Alliance for Preserving the History of Ww Ii in Asia in Support of Defendants and Appellees, in Support of Affirmance |
(4/29/2015) |
Briefs |
|
No counsel for any party authored this brief in whole or in part. Neither any party nor any counsel for any party contributed any money that was intended to fund preparing or submitting the... |
2015 |
| Angela P. Harris |
[Re]integrating Spaces: the Color of Farming |
2 Savannah Law Review 157 (2015) |
Law Review Articles and Other Secondary Sources |
|
The middle-aged man and woman stand stiffly at the very front of the painting, the peak of the house behind them visible between their shoulders. The man looks directly forward, his face expressionless, almost grim. He--nearly bald, dressed in overalls, and wearing spectacles--grips a pitchfork firmly. She-- equally unsmiling, her hair pulled... |
2015 |
| Cheryl Nelson Butler |
A Critical Race Feminist Perspective on Prostitution & Sex Trafficking in America |
27 Yale Journal of Law & Feminism 95 (2015) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article is one of the first to apply critical race feminism (CRF) to explore prostitution and sex trafficking in the United States. Several scholars have applied critical race feminism to explore several forms of sexual exploitation, including sexual harassment, domestic violence, and rape, but have yet to extend this discourse into... |
2015 |
| Anders Walker |
A Lawyer Looks at Civil Disobedience: Why Lewis F. Powell Jr. Divorced Diversity from Affirmative Action |
86 University of Colorado Law Review 1229 (Fall 2015) |
Law Review Articles and Other Secondary Sources |
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This Article reconstructs Lewis F. Powell Jr.'s thoughts on the civil rights movement by focusing on a series of little-known speeches that he delivered in the 1960s lamenting the practice of civil disobedience endorsed by Martin Luther King Jr. Convinced that the law had done all it could for blacks, Powell took issue with King's Letter from... |
2015 |
| Chris Sagers |
A Statute by Any Other Name Might Smell less like S.p.a.m., Or, the Congress of the United States Grows Increasingly D.u.m.b. |
103 Georgetown Law Journal 1307 (June, 2015) |
Law Review Articles and Other Secondary Sources |
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By focusing on the presentation, structure, and style of legal documents rather than just their literal meaning, we approach the world in which they were written through variables that were generally deployed and altered subconsciously .. What is revealed through the assumptions and procedures that a society does not question will often tell us... |
2015 |
| Barbara F. Berenson |
America's Forgotten Constitutions: Defiant Visions of Power and Community by Robert L. Tsai (Harvard University Press) 2014 |
96 Massachusetts Law Review 120 (August, 2015) |
Law Review Articles and Other Secondary Sources |
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What does it mean to be an American? In our multi-cultural nation, this question brings forth a diversity of responses. But many agree that Americans may be best described as many people united (e pluribus unum) by adherence to the beliefs and structure of government set forth in the nation's two foundation documents: the Declaration of... |
2015 |
| |
Appeal Brief and Required Appendix of Plaintiffs Appealants Court |
(12/31/2015) |
Briefs |
|
FN1. United States of America v. Citicorp, 3:15-cr-00078-SRU, Docket 8, (U.S. Dist. Crt. Conn. Dated 05/20/15) Dkt. No. 8, pgs. 1-28;... |
2015 |
| |
Appellant Brief and Appendix Vol. I of Pro Se Plaintiff-appellant, Horace Townsend Appendix Vol. Hand Appendix Vol Iii Filed Seperately |
(4/13/2015) |
Briefs |
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ORAL ARGUMENT REQUESTED Petitioner-Appellant, Horace L. Townsend, is a natural person. As such, a corporate disclosure statement is not required. Federal Rules of Appellate Procedure,... |
2015 |
| Benjamin J. Hogan |
Awakening the Spirit of the Nlra: the Future of Concerted Activity Through Social Media |
118 West Virginia Law Review 841 (Winter 2015) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 842 II. The National Labor Relations Act. 845 A. History and Purpose of the NLRA. 845 B. Implementation, Interpretation, and Enforcement of the NLRA: The National Labor Relations Board. 849 III. Employees' Rights Under the NLRA and the Rule of Protected Concerted Activity. 852 A. Employees' Right to Communicate. 854 B. Protected... |
2015 |
| Vickie Casanova Willis, Standish E. Willis |
Black People Against Police Torture: the Importance of Building a People-centered Human Rights Movement |
21 Public Interest Law Reporter 235 (Symposium, 2015) |
Law Review Articles and Other Secondary Sources |
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Sometimes history takes things into its own hands. - Thurgood Marshall That power concedes nothing without a demand is an oft-quoted concept. When Frederick Douglass made this declaration in 1857 as part of his West India Emancipation speech, he also foretold the Chicago Police Torture saga in stating Who would be free, themselves must strike... |
2015 |
| |
Brief Amicus Curiae of Gail Heriot and Peter N. Kirsanow, Members of the United States Commission on Civil Rights in Support of Petitioner |
(9/9/2015) |
Briefs |
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Gail Heriot and Peter Kirsanow (Amici) are two members of the eight-member U.S. Commission on Civil Rights. Members are part-time appointees of the President or of Congress. This brief is... |
2015 |
| |
Brief of Amici Curiae Robert Oscar Lopez and B.n. Klein in Support of Respondents |
(3/27/2015) |
Briefs |
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FN1. No party or its counsel wrote or helped write this brief, or gave money intended to fund its writing or submission, see S. Ct. R. 37. Blanket permission from Respondents to write... |
2015 |
| |
Brief of Amicus Curiae Professor W. Burlette Carter in Support of Respondents |
(10/29/2015) |
Briefs |
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FN1. Petitioners and Respondents filed a blanket consent to all amicus briefs pursuant to Rule 37. No counsel for a party authored the brief in whole or in part; no counsel or party made a... |
2015 |
| Lolita Buckner Inniss |
Cherokee Freedmen and the Color of Belonging |
5 Columbia Journal of Race and Law 100 (2015) |
Law Review Articles and Other Secondary Sources |
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This Article addresses the Cherokee Nation and its historic conflict with the descendants of its former black slaves, designated Cherokee Freedmen. This Article specifically addresses how historic discussions of black, red, and white skin colors, designating the African-ancestored, aboriginal (Native American), and European-ancestored people of the... |
2015 |
| Anita Bernstein |
Common Law Fundamentals of the Right to Abortion |
63 Buffalo Law Review 1141 (December, 2015) |
Law Review Articles and Other Secondary Sources |
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Introduction. 1142 I. Abortion Prohibition = State-Imposed Detriment. 1148 A. Physical Detriments: Pain, Morbidity, Mortality. 1149 B. Non-Physical Detriments. 1154 C. Offsets: A Few Benefits of Remaining Pregnant. 1155 II. Prior Voluntary Conduct Needed Before the State May Impose Detriment: Three Common Law Possibilities Dispatched. 1159 A.... |
2015 |
| Amanda Werner |
Corporations Are (White) People: How Corporate Privilege Reifies Whiteness as Property |
31 Harvard Journal on Racial & Ethnic Justice 129 (Spring 2015) |
Law Review Articles and Other Secondary Sources |
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In 1993, renowned legal scholar and Critical Race theorist Cheryl Harris's Whiteness as Property examined how property rights interact with and reinforce race. Harris documents how the American property regime developed in tandem with conceptions of race to inhere the white identity with protected legal value, shaping historical patterns of... |
2015 |
| Amy J. Sepinwall, J.D., Ph.D. |
Crossing the Fault Line in Corporate Criminal Law |
40 Journal of Corporation Law 439 (Winter 2015) |
Law Review Articles and Other Secondary Sources |
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The financial crisis left a few individuals responsible for it very rich while its consequences made millions not responsible for it much poorer. If this involves no crime then we have failed to define or prosecute crime appropriately. I. Introduction. 440 II. Financial Wrongdoing and Undistributed Responsibility. 446 A. The Tension Between... |
2015 |
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Defendant Toyota Motor Sales, U.s.a., Inc.'S Notice of Motion and Motion to Dismiss First Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6); Memorandum of Points and Authorities in Support Thereof |
(11/5/2015) |
Trial Court Documents |
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PLEASE TAKE NOTICE that on December 10, 2015 at 8:00 a.m., or as soon thereafter as the matter may be heard in the courtroom of Judge William Alsup, located at 450 Golden Gate Avenue, San... |
2015 |
| Jacqueline D. Lipton, John Tehranian |
Derivative Works 2.0: Reconsidering Transformative Use in the Age of Crowdsourced Creation |
109 Northwestern University Law Review 383 (Winter 2015) |
Law Review Articles and Other Secondary Sources |
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Abstract--Apple invites us to Rip. Mix. Burn. while Sony exhorts us to make.believe. Digital service providers enable us to create new forms of derivative work--work based substantially on one or more preexisting works. But can we, in a carefree and creative spirit, remix music, movies, and television shows without fear of copyright... |
2015 |
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Doe ex Rel. Roe v. Backpage.com, Llc |
104 F.Supp.3d 149, United States District Court, D. Massachusetts. (5/15/2015) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
ENERGY AND UTILITIES - Telecommunications. Immunity provision of the Communications Decency Act precluded trafficking Victims Protection Reauthorization Act claim. |
2015 |
| Carmen G. Gonzalez |
Environmental Justice, Human Rights, and the Global South |
13 Santa Clara Journal of International Law 151 (2015) |
Law Review Articles and Other Secondary Sources |
|
From the Ogoni people devastated by oil drilling in Nigeria to the Inuit and other indigenous populations threatened by climate change, communities disparately burdened by environmental degradation are increasingly framing their demands for environmental justice in the language of human rights. Domestic and international tribunals have concluded... |
2015 |
| |
Ex Parte Franco Macchi |
(9/10/2015) |
Administrative Decisions & Guidance |
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2015 |
| Nancy Amoury Combs |
From Prosecutorial to Reparatory: a Valuable Post-conflict Change of Focus |
36 Michigan Journal of International Law 219 (Winter 2015) |
Law Review Articles and Other Secondary Sources |
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Introduction. 219 I. International Criminal Prosecutions: Three Key Challenges. 226 A. Obtaining Custody Over Defendants. 227 B. Finding Accurate Facts. 234 C. Selectivity. 238 D. Summary. 239 II. Reparations as a Viable Alternative. 239 A. Obtaining Funds for Reparations. 243 B. Finding Accurate Facts. 257 III. The Normative Case for Shifting... |
2015 |
| Dr. Jeremy I. Levitt |
Fuck Your Breath: Black Men and Youth, State Violence, and Human Rights in the 21st Century |
49 Washington University Journal of Law & Policy 87 (2015) |
Law Review Articles and Other Secondary Sources |
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During bad circumstances, which is the human inheritance, you must decide not to be reduced. You have your humanity, and you must not allow anything to reduce that. We are obliged to know we are global citizens. Disasters remind us we are world citizens, whether we like it or not. --Maya Angelou I cherish my breath; it is an invaluable gift that I... |
2015 |