AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
The Honorable Anna Blackburne-Rigsby The Importance of a Diverse Judiciary to Closing the Historic "Health" Gap Between Blacks and Whites, and President Obama's Legacy 60 Howard Law Journal 641 (Spring, 2017) Law Review Articles and Other Secondary Sources   INTRODUCTION. 642 I. WHY IS DIVERSITY IN THE COURTS IMPORTANT?. 643 II. THE HEALTH GAP BETWEEN BLACKS AND WHITES. 648 A. Introduction. 648 B. Slavery, the Constitution, and the Beginnings of the Health Gap. 650 C. The Separate but (Not) Equal Doctrine. 653 D. Simkins v. Moses H. Cone Memorial Hospital and the Civil Rights Act of 1964. 656 E.... 2017  
Erica L. Sieg The Land of the Free?: the Allow Act and Economic Liberty from Occupational Licensing 24 Washington and Lee Journal of Civil Rights and Social Justice 261 (Fall, 2017) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction. 261 II. Occupational Regulation: Classification, History, Benefits, and Repercussions. 266 A. What is Occupational Licensing?. 268 B. Origins of Occupational Licensing. 274 C. The History of Free Market Theory and Occupational Licensing's Influences. 277 D. Who Feels the Effects of Occupational Licensing?. 280... 2017  
Nicholas Mignanelli The Life and Legacy of Professor Calvin R. Massey: a Select Annotated Bibliography 68 Hastings Law Journal 795 (May, 2017) Law Review Articles and Other Secondary Sources   Professor Calvin R. Massey served on the faculty of the University of California, Hastings College of the Law from 1987 until 2012. From 2012 until his death in 2015, he served as the inaugural Daniel Webster Distinguished Professor of Law on the faculty of the University of New Hampshire School of Law. A noted constitutional law and property... 2017  
Rajika L. Shah The Making of California's Art Recovery Statute: the Long Road to Section 338(c)(3) 20 Chapman Law Review 77 (Winter, 2017) Law Review Articles and Other Secondary Sources   In 2015, the Western Prelacy of the Armenian Apostolic Church of America reached an historic, amicable settlement with the J. Paul Getty Museum regarding ownership and possession of eight valuable illuminated manuscript pages that had been secretly cut out of a medieval Armenian Gospel book during the Armenian genocide in 1915-1923. The pages... 2017  
David Schlussel The Mellow Pot-smoker: White Individualism in Marijuana Legalization Campaigns 105 California Law Review 885 (June, 2017) Law Review Articles and Other Secondary Sources   Recreational marijuana is now legal in several states as a result of ballot initiative campaigns. A number of campaigns have framed marijuana legalization using what this Note calls white individualism. They have put forth messages and images to implicitly suggest that white, hardworking, middle-class marijuana consumers are deserving... 2017  
Renée Ann Cramer, Law, Politics and Society, Drake University The Myth of the Litigious Society: Why We Don't Sue. By David Engel. Chicago: University of Chicago Press, 2016 51 Law and Society Review 1011 (December, 2017) Law Review Articles and Other Secondary Sources   This is a book to be grateful for. It is a joy to teach, and a well-argued corrective to previous ways of thinking about responses to injury. It is a humane and compassionate text, bringing attention to the embodied and emotional experiences of injury, and the role that these experiences play in channeling the reactions of those in pain, those who... 2017  
Ariela J. Gross, Chantal Thomas The New Abolitionism, International Law, and the Memory of Slavery 35 Law and History Review 99 (February, 2017) Law Review Articles and Other Secondary Sources   Today, millions of migrant workers, some of them caught in debt bondage, some victims of fraud or forced migration, and others simply desperate for a better, life elsewhere but instead finding themselves working for below subsistence wages or no pay at all, could be called modern-day slaves. Campaigns to end modern-day slavery have taken many... 2017  
Mari Matsuda The next Dada Utopian Visioning Peace Orchestra: Constitutional Theory and the Aspirational 62 McGill Law Journal 1203 (June, 2017) Law Review Articles and Other Secondary Sources   I. I Made An Orchestra 1204 II. There Are Two Kinds of People 1205 A. The Personal is the Political 1206 B. The Tool in Your Hand 1209 III. Art and Constitutional Theory: Who Is This Constitution For? 1210 IV. The Imperative of Big Change 1215 V. The Utopian Constitution 1217 VI. Art as a Right 1230 VII. Problematizing Art as a Right 1 239 VIII.... 2017  
  The Nuremberg Symposium an International Legal Symposium on the Nuremberg Laws & the Nuremberg Trials 39 Loyola of Los Angeles International and Comparative Law Review 319 (Winter, 2017) Law Review Articles and Other Secondary Sources   Professor Elie Wiesel, Nobel Laureate and esteemed survivor of the Holocaust, served as Honorary Chairman for The Nuremberg Symposium. His recent passing has left an irreplaceable void. His vision, wisdom, and voice were indeed the moral compass of the world. May his memory serve as a blessing. Welcome, Introductions and Overview. 324 Professor... 2017  
Andy Loo , Walter Block The Political Philosophy of Impersonation: a Libertarian Analysis 36 Journal of Law and Commerce 45 (Fall, 2017) Law Review Articles and Other Secondary Sources   Impersonation is a criminal act; it constitutes invasion and, in some cases, fraud. Although often associated with the term identity theft, impersonation is primarily a violation of the rights of the recipient of the communication, rather than that of the person being impersonated, whose rights are only sometimes violated. The present paper is... 2017  
Kelsey Gasseling The Threads of Justice: Economic Liberalization and the Secondhand Clothing Trade Between the United States and Haiti 58 Boston College Law Review 1279 (September, 2017) Law Review Articles and Other Secondary Sources   Abstract: After World War II, as economic liberalization spread across the globe through international negotiations like the General Agreement on Tariffs and Trade, so too did used clothing. Though many proponents of the trade laud its capacity to create employment opportunities in less developed countries, critics suggest it has a more insidious... 2017  
Michael J. Bazyler , Rajika L. Shah The Unfinished Business of the Armenian Genocide: Armenian Property Restitution in American Courts 23 Southwestern Journal of International Law 223 (2017) Law Review Articles and Other Secondary Sources   Abstract: Because of its striking success, the modern Holocaust restitution movement was initially seen as a model for other victim groups seeking compensation in American courts for financial injustices committed on a large scale by public entities and complicit private actors during a genocide or other mass atrocities. Lawyers seeking restitution... 2017  
Danushka S. Medawatte The Vanishing Act: Punishing and Deterring Perpetrators Through the Concurrent Application of Diverse Legal Regimes to Enforced Disappearances 29 Florida Journal of International Law 227 (August, 2017) Law Review Articles and Other Secondary Sources   I. Introduction. 227 II. Forcible Disappearances as a Method of Warfare. 230 III. Enforced Disappearances Committed by Private Persons and Non-State Actors. 233 IV. Enforced Disappearances as Continuing Crimes. 235 V. Enforced Disappearances as a Crime Against Humanity. 237 VI. Invocation of Universal Jurisdiction to Try Cases of Enforced... 2017  
Michael L. Perlin , Heather Ellis Cucolo Tolling for the Aching Ones Whose Wounds Cannot Be Nursed: the Marginalization of Racial Minorities and Women in Institutional Mental Disability Law 20 Journal of Gender, Race and Justice 431 (Summer, 2017) Law Review Articles and Other Secondary Sources   I. Introduction. 431 II. Race, Gender, and Civil Commitment. 435 III. A Consideration of Institutional Issues. 446 IV. Four Factors. 451 A. Sanism. 451 B. Pretextuality. 452 C. Heuristics. 452 D. False Ordinary Common Sense. 453 E. The Keys to Future Progress. 453 V. Therapeutic Jurisprudence. 454 I. Conclusion. 457 2017  
Vladislava Stoyanova United Nations Against Slavery: Unravelling Concepts, Institutions and Obligations 38 Michigan Journal of International Law 359 (Fall, 2017) Law Review Articles and Other Secondary Sources   Introduction. 360 I. The Historical Account. 365 II. The United Nations Era. 373 A. The Universal Declaration of Human Rights. 373 B. The Supplementary Slavery Convention. 376 C. The United Nations Working Group on Contemporary Forms of Slavery. 379 III. The United Nations Special Rapporteur on Slavery. 381 A. Thematic Reports. 383 B. Country... 2017  
Vikram David Amar Why I So Enjoyed Learning with and from Calvin Massey 15 University of New Hampshire Law Review 259 (February, 2017) Law Review Articles and Other Secondary Sources   I am pleased and proud to participate in this tribute to Calvin Massey, with whom I had the pleasure to work and play for about two decades. When I think of Calvin--and I think of him often--I think of a generous friend, a gregarious colleague and a genuinely good man. He possessed many admirable traits, but today I want to focus on three: (1) his... 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  
  Memorandum (12/11/2017) Trial Court Documents   Plaintiffs hereby incorporate the narrative set forth in the accompanying PLAINTIFFS' CONSOLIDATED ANSWERS TO THE PRELIMINARY OBJECTIONS TO PLAINTIFFS' SECOND AMENDED COMPLAINT, BY... 2017  
  Memorandum of Law in Support of Preliminary Objections on Behalf of Defendant, Dr. Jurij R. Bilyk, to Plaintiffss' Amended Complaint (7/26/2017) Trial Court Documents   The Preliminary Objections of Defendant, Dr. Jurij R. Bilyk, to Plaintiffs' Amended Complaint. 1. Should Plaintiffs' allegations of a failure to obtain informed consent against Dr. Bilyk be... 2017  
  Plaintiffs' Consolidated Answers to the Preliminary Objections to Plaintiffs' Second Amended Complaint, by Defendants, Thomas Jefferson University Hospitals, Inc. and Dan Ackerman, Md., Dr. Jurij Bilyk, City of Philadelphia T/a Wills Eye Hospital A/k/a Tr (12/11/2017) Trial Court Documents   On or about November 22, 2014 decedent reported to Wills Eye Emergency at Jefferson University Hospital (Wills Eye/Jefferson) to determine cause and treatment for a sudden partial vision... 2017  
  Second Amended Complaint Medical Malpractice Civil Rights (10/10/2017) Trial Court Documents   CIVIL TRIAL DIVISION 1. Plaintiff, The Estate of Raymond Wood (the Estate) is the estate of decedent and former plaintiff Raymond Wood (decedent), who died on November 30, 2016 after an... 2017  
  Two Return Preparers Charged with Filing False Tax Returns for Their Clients (9/28/2016) Administrative Decisions & Guidance     2016  
  United Kingdom 2015 Human Rights Report (5/1/2016) Administrative Decisions & Guidance     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  
  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  
  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  
  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  
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  
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  
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  
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  
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  
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  
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  
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