| Author | Title | Citation | Document Type | Status | Summary | Year |
| Chad DeVeaux |
Perverted Liberty: How the Supreme Court's Limitation of the Commerce Power Undermines Our Civil-rights Laws and Makes Us less Free |
41 Capital University Law Review 49 (Winter, 2013) |
Law Review Articles and Other Secondary Sources |
|
I think that the word liberty . . . is perverted when it is held to prevent the natural outcome of a dominant opinion, unless it can be said that a rational and fair man necessarily would admit that the statute proposed would infringe fundamental principles as they have been understood by the traditions of our people and our law. [G]ive me... |
2013 |
| |
Petition for a Writ of Certiorari |
(9/3/2013) |
Briefs |
|
Petitioner- Ruth Nelson was individually and d/b/a The Master's Hands a construction company which she wholly owned and operated as an LLC, at the time of the action brought by Respondents... |
2013 |
| |
Plaintiff's Motion in Opposition to Defendents' Motion to Dismiss and for Summary Judgement |
(12/12/2013) |
Trial Court Documents |
|
COMES NOW, Plaintiff, James Redding, pro se, opposes defendants' motion to dismiss, to wit: On or about September 19, 2013, Plaintiff filed a civil complaint against the above-mentioned... |
2013 |
| |
Plaintiffs' Surreply in Opposition to Defendants' Motion to Dismiss |
(12/9/2013) |
Trial Court Documents |
|
The United States recognizes that in the Treaty of Little Arkansas (the Treaty) monies and land were promised to Plaintiffs' families as reparation for the atrocities committed by the... |
2013 |
| Anthony J. Sebok |
Professional Responsibility and Third Party Litigation Funding--a Brief Tour of the Aba White Paper |
20130415P City Bar Center for Continuing Legal Education 84 (4/15/2013) |
Law Review Articles and Other Secondary Sources |
|
The American Bar Association Commission on Ethics 20/20 White Paper on Alternative Litigation Finance (the White Paper) purported to examine whether the current body of rules of professional responsibility adequately address the ethical obligations of attorneys whose clients seek third-party funding. As a participant in the drafting of the White... |
2013 |
| Shirin Sinnar |
Protecting Rights from Within? Inspectors General and National Security Oversight |
65 Stanford Law Review 1027 (May, 2013) |
Law Review Articles and Other Secondary Sources |
|
Courts and Congress are often reluctant to constrain the executive branch when it limits individual rights in the pursuit of national security. Many scholars have argued that mechanisms within the executive branch can supply an alternative constraint on executive power--whether as a preferred alternative due to the comparative advantages of such... |
2013 |
| Larry Alexander , Maimon Schwarzschild |
Race Matters Should Race Matter?: Unusual Answers to the Usual Questions. By David Boonin. Cambridge, Cambridge University Press. 2011. Pp. Vii + 441. $99.00 (Cloth), $34.99 (Paper). |
29 Constitutional Commentary 31 (Summer, 2013) |
Law Review Articles and Other Secondary Sources |
|
One frequently hears that America has a race problem. We agree, but the race problem we identify is not what is usually meant by those who invoke it. It is not discrimination, intentional or otherwise, but rather obsession with race that is America's more consequential race problem today. America has vanquished slavery, segregation, and... |
2013 |
| Nancy Leong |
Racial Capitalism |
126 Harvard Law Review 2151 (June, 2013) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 2153 I. Valuing Race. 2158 A. Whiteness as Property. 2158 B. Diversity as Revaluation. 2161 C. The Worth of Nonwhiteness. 2169 II. A Theory of Racial Capitalism. 2172 A. Race as Social Capital. 2175 B. Race as Marxian Capital. 2183 C. Racial Capitalism. 2190 III. Critiquing Racial Capitalism. 2198 A. Commodification. 2199 B. Harm to... |
2013 |
| Kindaka Jamal Sanders |
Re-assembling Osiris: Rule 23, the Black Farmers Case, and Reparations |
118 Penn State Law Review 339 (Fall 2013) |
Law Review Articles and Other Secondary Sources |
|
This Article examines why the Black Farmers case, a series of legal events involving claims of racial discrimination by African-American farmers against the federal government, may technically qualify as a slavery reparations case. This Article also explores how the case became a viable slavery reparations case in a legal and political environment... |
2013 |
| Michelle N. Meyer |
Regulating the Production of Knowledge: Research Risk-benefit Analysis and the Heterogeneity Problem |
65 Administrative Law Review 237 (Spring, 2013) |
Law Review Articles and Other Secondary Sources |
|
C1-3Table of Contents L1-2Introduction . L3239 I. Background. 243 A. Statutory Basis for IRB Review. 243 B. Regulations Governing IRB Review. 245 1. Covered Actors. 245 2. Covered Activities. 247 II. The Heterogeneity Problem. 250 A. Heterogeneity in Research Risks. 251 1. Psychological Risks. 251 a. Trauma Research and the Risk of Revictimization.... |
2013 |
| Eric K. Yamamoto , Susan K. Serrano |
Reparations Theory and Practice Then and Now: Mau Mau Redress Litigation and the British High Court |
18 Asian Pacific American Law Journal 71 (Fall 2012-Spring) |
Law Review Articles and Other Secondary Sources |
|
Claims to reparations for historic injustice mark the modern global landscape. Starting in the late 1980s, with the United States' redress for 120,000 wrongly incarcerated American citizens and Japanese ancestry during World War II, reparations advocates advanced claims on behalf of African Americans, Native Americans, Native Hawaiians and... |
2013 |
| |
Reply Memorandum in Support of Defendant David H. Long's Motion to Dismiss Plaintiff's Complaint |
(12/20/2013) |
Trial Court Documents |
|
Defendant David H. Long (Defendant or Mr. Long) has moved that this Court dismiss the Complaint against him filed by Plaintiff James Redding for lack of personal jurisdiction and other... |
2013 |
| Katharine N. Skinner |
Restituting Nazi-looted Art: Domestic, Legislative, and Binding Intervention to Balance the Interests of Victims and Museums |
15 Vanderbilt Journal of Entertainment and Technology Law 673 (Spring 2013) |
Law Review Articles and Other Secondary Sources |
|
The Nazis engaged in widespread art looting from Holocaust victims, either taking the artwork outright or using legal formalities to effect a transfer of title under duress. Years later, US museums acquired some of these pieces on a good-faith basis. Now, however, they face lawsuits by the heirs of Holocaust victims, who seek to have the museums... |
2013 |
| Angelo Guisado |
Reversal of Fortune: the Inapposite Standards Applied to Remedial Race-, Gender-, and Orientation-based Classifications |
92 Nebraska Law Review Rev. 1 (2013) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 2 II. Background. 5 A. A Discussion of the Injustices Remedial Legislation Is Meant to Combat. 5 1. Race. 5 2. Gender. 7 3. Sexual Orientation. 7 B. An Introduction to Remedial Legislation. 8 1. The Freedman's Bureau. 9 2. The Fourteenth Amendment. 10 C. An Examination of the Tiered Framework that Applies in Reviewing Both... |
2013 |
| Gwynne L. Skinner |
Roadblocks to Remedies: Recently Developed Barriers to Relief for Aliens Injured by U.s. Officials, Contrary to the Founders' Intent |
47 University of Richmond Law Review 555 (January, 2013) |
Law Review Articles and Other Secondary Sources |
|
The founders of the United States, especially those who wrote the Constitution and the subsequent First Judiciary Act, wanted to ensure that aliens who were victims of torts in violation of the law of nations (now commonly referred to as customary international law ) had the ability to seek redress in federal court for the injuries they suffered.... |
2013 |
| Robert L. Tsai |
Simple Takes on the Supreme Court |
5 Alabama Civil Rights & Civil Liberties Law Review 35 (2013) |
Law Review Articles and Other Secondary Sources |
|
This essay assesses black literature as a medium for working out popular understandings of America's Constitution and laws. Starting in the 1940s, Langston Hughes's fictional character, Jesse B. Semple, began appearing in the prominent black newspaper, the Chicago Defender. The figure affectionately known as Simple was undereducated,... |
2013 |
| Charlotte Garden , Nancy Leong |
So Closely Intertwined: Labor and Racial Solidarity |
81 George Washington Law Review 1135 (July, 2013) |
Law Review Articles and Other Secondary Sources |
|
Conventional wisdom tells us that labor unions and people of color are adversaries. Commentators, academics, politicians, and employers across a broad range of ideologies view the two groups' interests as fundamentally opposed and their relationship as predictably fraught with tension. For example, commentators assert that unions capture a wage... |
2013 |
| Matthew McMenamin |
State Immunity Before the International Court of Justice: Jurisdictional Immunities of the State (Germany V Italy) |
44 Victoria University of Wellington Law Review 189 (May, 2013) |
Law Review Articles and Other Secondary Sources |
|
The International Court of Justice recently gave judgment in Jurisdictional Immunities of the State. The case concerned German state immunity from civil claims brought in Italian courts by victims of serious violations of international humanitarian law committed by German armed forces during World War II. The Court offered a valuable clarification... |
2013 |
| David Schraub |
Sticky Slopes |
101 California Law Review 1249 (October, 2013) |
Law Review Articles and Other Secondary Sources |
|
Legal literature is replete with references to the infamous slippery slope-- situations in which a shift in policy lubricates the path towards further, perhaps more controversial, reforms or measures. Less discussed is the idea of a sticky slope. Sticky slopes manifest when a social movement victory acts to block, instead of enable, further... |
2013 |
| Alexei Offill-Klein |
Targeted Killings: Al-aulaqi v. Obama and the Misuse of the Political Question Doctrine |
19 U.C. Davis Journal of International Law and Policy 207 (Spring 2013) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 208 I. Background. 210 A. Al-Aulaqi v. Obama: Facts, Rationale, and Holding. 210 B. Political Question Doctrine. 212 II. Analysis. 217 A. The Court Erroneously Followed El-Shifa Pharm. Indus. Co. v. United States in Determining the Decision to Conduct Targeted Killings Against American Citizens is Reserved to the Executive and... |
2013 |
| Howard Bromberg |
Teaching Legal History Through Legal Skills |
53 American Journal of Legal History 488 (October, 2013) |
Law Review Articles and Other Secondary Sources |
|
I revolve my legal history courses around one methodology: teaching legal history by means of legal skills. I draw on my experience teaching legal practice and clinical skills courses to assign briefs and oral arguments as a means for law students to immerse themselves in historical topics. Without detracting from other approaches, I frame this... |
2013 |
| Sophia Eckert |
The Business Transparency on Trafficking and Slavery Act: Fighting Forced Labor in Complex Global Supply Chains |
12 Journal of International Business and Law 383 (Spring, 2013) |
Law Review Articles and Other Secondary Sources |
|
American consumers make purchasing decisions every day, but very few Americans know that it's virtually impossible to get dressed, drive to work, talk on the phone, or eat a meal without touching products tainted by forced labor. Despite great international and domestic efforts to curb forced labor worldwide, the problem of coercive labor... |
2013 |
| Christian B. Sundquist |
The Dialectics of Racial Genetics |
76 Albany Law Review 1751 (2012-2013) |
Law Review Articles and Other Secondary Sources |
|
The devices of dialectic and narrative have long been used by scholars to analyze jurisprudence and disrupt traditional legal discourse. Henry M. Hart was one of the first legal scholars to utilize the dialectical method in his classic article, The Power of Congress to Limit the Jurisdiction of Federal Courts: An Exercise in Dialectic. Since Hart's... |
2013 |
| Winston P. Nagan , Joshua L. Root |
The Emerging Restrictions on Sovereign Immunity: Peremptory Norms of International Law, the U.n. Charter, and the Application of Modern Communications Theory |
38 North Carolina Journal of International Law and Commercial Regulation 375 (Winter 2013) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 376 II. The Foundations of Communications Theory and the Prescription and Application of International Law. 383 III. Sovereignty. 387 A. Sovereignty in Historical Thought and Context. 387 B. The Grotian approach has endured and its spirit permeates the law of the U.N. Charter.. 389 C. Sovereignty in the Modern (i.e., U.N.) Era. 391... |
2013 |
| Emmanuelle Tourme-Jouannet |
The International Law of Recognition |
24 European Journal of International Law 667 (May, 2013) |
Law Review Articles and Other Secondary Sources |
|
International society in the aftermath of World War II was faced with demands about culture and identity that placed renewed strain on the principles of legal equality and cultural difference. The less-favoured states - those which felt stigmatized - together with indigenous peoples, ethnic groups, minorities, and women all aspired to secure... |
2013 |
| E. Ann Jeschke |
The Moral Trauma of America's Warriors: Why We must Treat Combat Posttraumatic Stress Disorder as a Bio-psycho-social-spiritual Phenomenon |
37 Nova Law Review 547 (Summer, 2013) |
Law Review Articles and Other Secondary Sources |
|
I. INTRODUCTION. 547 II. THE SPIRITUAL CONSCIOUSNESS OF WAR. 551 A. QUESTION ONE: HOW IS WAR SPIRITUAL?. 551 B. QUESTION TWO: WHY DOES THE SPIRITUAL QUALITY OF WAR MAKE COMBAT TRAUMA UNIQUE?. 556 C. QUESTION THREE: WHAT IS NEEDED TO PROPERLY TREAT THE SPIRITUAL DIMENSION OF COMBAT TRAUMA?. 561 III. VA/DOD BIO-PSYCHO-SOCIAL APPROACH TO PTSD:... |
2013 |
| Alexandra D. Lahav |
The Political Justification for Group Litigation |
81 Fordham Law Review 3193 (May, 2013) |
Law Review Articles and Other Secondary Sources |
|
What is the relationship between the democratic political order in the United States and class action or other group litigation? This Essay examines two aspects of that relationship. First, it considers group litigation through the lens of the relationship between the individual and the state and argues that litigation can promote desirable ends... |
2013 |
| |
The Scholarship of Jon M. Van Dyke: a Bibliography |
35 University of Hawaii Law Review 1013 (Spring, 2013) |
Law Review Articles and Other Secondary Sources |
|
Jon M. Van Dyke, Sherry P. Broder, Seokwoo Lee, Jin-Hyun Paik (Eds.), Governing Ocean Resources, A Tribute to Judge Choon-ho Park (Law of the Sea Institute, Martinus Nijhoff publishers, 2013). Jon M. Van Dyke & Melvin M. Sakurai, Checklists for Searches and Seizures in Public Schools (New York: West Group, 1992, 1993, 1994, 1995, 1996, 1997, 1998,... |
2013 |
| Patricia M. Muhammad |
The Trans-atlantic Slave Trade: a Legacy Establishing a Case for International Reparations |
3 Columbia Journal of Race and Law 147 (2013) |
Law Review Articles and Other Secondary Sources |
|
This Article examines the legal principle of restitution (reparations) as applied to crimes against humanity that were committed as a result of the Trans-Atlantic Slave trade, as enumerated in international conventions and statutes. The Trans-Atlantic Slave trade's peculiar attractiveness to Western nation-states that implemented the institution... |
2013 |
| Meera E. Deo |
Two Sides of a Coin: Safe Space & Segregation in Race/ethnic-specific Law Student Organizations |
42 Washington University Journal of Law & Policy 83 (2013) |
Law Review Articles and Other Secondary Sources |
|
American racism and discrimination continue to plague our institutions of higher education. Predominantly white law school environments are especially notable for being inhospitable and unfriendly, especially for students of color. Many law students of color create and join race/ethnic-specific organizations in order to receive support on otherwise... |
2013 |
| Darrell D. Jackson , Michele S. Moses |
Understanding Public Perceptions of Affirmative Action |
22-SPG Kansas Journal of Law & Public Policy 205 (Spring, 2013) |
Law Review Articles and Other Secondary Sources |
|
With the very recent re-election of the United States' first African American President and the Supreme Court reviewing the status of affirmative action, this is an ideal time to reconsider the political posture that race and, correctly or incorrectly, its legal correlation, affirmative action, hold with the public. Depending on who is asked, race... |
2013 |
| Solange Mouthaan |
Victim Participation at the Icc for Victims of Gender-based Crimes: a Conflict of Interest? |
21 Cardozo Journal of International and Comparative Law 619 (Spring 2013) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 619 II. Toward a More Victim-Oriented Court. 622 A. Variety of Approaches. 622 B. A Complex System and Inconsistent Approach. 625 C. What Do Victims Expect?. 629 III. Victims of Gender-Based Crimes. 634 A. Who Are the Victims?. 635 B. Inequality. 636 C. Insufficient Recognition. 640 IV. A Burdensome System that Detracts from the... |
2013 |
| Paul Horwitz |
What Ails the Law Schools? |
111 Michigan Law Review 955 (April, 2013) |
Law Review Articles and Other Secondary Sources |
|
Schools for Misrule: Legal Academia and an Overlaw yered America. By Walter Olson. New York and London: Encounter Books. 2011. Pp. 237. $25.95. FAILING LAW SCHOOLS. BY BRIAN Z. TAMANAHA. CHICAGO AND LONDON: THE UNIVERSITY OF CHICAGO PRESS. 2012. PP. XIII, 187. $25. In January 2012, law professors from across the country arrived in Washington, D.C.,... |
2013 |
| Frances Simmons , Jennifer Burn |
Without Consent: Forced Marriage in Australia |
36 Melbourne University Law Review 970 (2013) |
Law Review Articles and Other Secondary Sources |
|
[This article explores Australia's response to the emerging issue of forced marriage. In light of community and government responses to forced marriage, we review the challenges involved in defining forced marriage and the degree to which the practice overlaps with other forms of exploitative conduct such as servitude and slavery. While we welcome... |
2013 |
| David M. Forman |
A Room for "Adam and Steve" at Mrs. Murphy's Bed and Breakfast: Avoiding the Sin of Inhospitality in Places of Public Accommodation |
23 Columbia Journal of Gender and Law 326 (2012) |
Law Review Articles and Other Secondary Sources |
|
This article aims to encourage a vital and evolutionary step forward in understanding how multifaceted legal processes shape, and should shape, thinking about gay and lesbian couples within religious communities and the body politic. The article begins by providing context that illustrates the place-based and diffuse nature of an ongoing culture... |
2012 |
| Ariela J. Gross |
All Born to Freedom? Comparing the Law and Politics of Race and the Memory of Slavery in the U.s. and France Today |
21 Southern California Interdisciplinary Law Journal 523 (Spring 2012) |
Law Review Articles and Other Secondary Sources |
|
Both the United States and France have seen a burgeoning of memorialization of slavery and abolition in recent years, and France has even passed a memorial law declaring slavery a crime against humanity. This Essay compares law, racial politics, and the memory of slavery in two nations trying to come to terms with their slave pasts. Despite... |
2012 |
| Xuan-Thao Nguyen |
Apologies as Intellectual Property Remedies: Lessons from China |
44 Connecticut Law Review 883 (February, 2012) |
Law Review Articles and Other Secondary Sources |
|
It is a frequent refrain that the world is shrinking. In this same vein, the global influence of China is clearly rising. Chinese businesses are becoming more prominent in the global market, and as such, the influence and effect of Chinese law is likewise gaining in import. Chinese intellectual property law is no different. One notable aspect of... |
2012 |
| |
Appellees St. Labre Indian School Education Association, St. Labre Home for Indian Children & Youth's Response in Opposition to the Appeal |
(6/13/2012) |
Briefs |
|
FN1. References to St. Labre are made as of 2007, the last full year of records produced in discovery. The Tribe has sued St. Labre for Cultural Genocide, but in its Complaint alleged no... |
2012 |
| Nicole Stelle Garnett |
Are Charters Enough Choice? School Choice and the Future of Catholic Schools |
87 Notre Dame Law Review 1891 (June, 2012) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 1891 I. Catholic Schools, Charter Schools, and the Conversion Debate. 1895 A. Catholic Schools. 1895 B. Charter Schools. 1898 C. Religious Charter Schools and the Conversion Debate. 1899 II. Charters Are Not Enough Choice. 1904 A. The Charter-Choice Debate. 1904 B. School Choice Without Catholic Schools. 1907 1. School Choice... |
2012 |
| William Bradford |
Beyond Good and Evil: the Commensurability of Corporate Profits and Human Rights |
26 Notre Dame Journal of Law, Ethics & Public Policy 141 (2012) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 142 A. Shareholder Theory. 147 B. Stakeholder Theory. 148 C. Theoretical Debate in the Era of Corporate Social Responsibility. 150 D. The Conflict over the Question of Corporate Responsibility for the Protection of Human Rights. 152 II. The Battle over Corporate Responsibility for the Protection of Human Rights: A Strategic... |
2012 |
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Brief of Amici Curiae California Association of Scholars, Connecticut Association of Scholars, Center for Constitutional Jurisprudence, Reason Foundation, Individual Rights Foundation, and American Civil Rights Foundation in Support of Petitioner |
(5/29/2012) |
Briefs |
|
FN1. Pursuant to this Court's Rule 37.2(a), all parties have consented to the filing of this brief. Letters evidencing such consent have been filed with the Clerk of the Court. Pursuant to... |
2012 |
| |
Brief of Appellant |
(7/17/2012) |
Briefs |
|
Note: Table of Contents page numbers missing in original document FN1. The IRS issued him this refund, but added another $9,000 that it had calculated as interest that it owed to Chance.... |
2012 |
| |
Cassirer |
Not Reported in Fed. Supp., United States District Court, C.D. California. (7/17/2012) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
The present case involves claims to Nazi-looted artwork. The subject painting, the Rue Saint-Honoré, après-midi, effet de pluie, by French impressionist Camille Pissarro, has been owned by Defendant Thyssen-Bornemisza Foundation (the Foundation) and housed in the Thyssen-Bornemisza Museum in Madrid, Spain, since 1993.... |
2012 |
| Richard Delgado |
Centennial Reflections on the California Law Review's Scholarship on Race: the Structure of Civil Rights Thought |
100 California Law Review 431 (April, 2012) |
Law Review Articles and Other Secondary Sources |
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The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but... |
2012 |
| |
Chief Counsel Advisory |
IRS CCA 201211022 (3/16/2012) |
Administrative Decisions & Guidance |
|
|
2012 |
| Pedro A. Malavet |
Cluster Introduction: Puerto Rico: Interrogating Economic, Political, and Linguistic Injustice |
42 California Western International Law Journal 393 (Spring 2012) |
Law Review Articles and Other Secondary Sources |
|
It is nice to be back to writing in a LatCrit symposium after a seven-year absence, because it gives me an opportunity to accompany and hopefully to assist the reader in observing the evolution of our scholarship. I will use my experience with LatCrit authors and scholarship and the LatCrit Research Toolkit to place the two articles in this cluster... |
2012 |
| Caroline Joan (“Kay”) S. Picart |
Colloquium Proceedings: Critical Pedagogy, Race/gender & Intellectual Property |
48 California Western Law Review 493 (Spring 2012) |
Law Review Articles and Other Secondary Sources |
|
The vantage point from which I engage LatCrit XVI's emphases on Global Justice: Theories, Histories, Futures is rooted personally, as a body and entity marked by multiple hybridities, but also as a trained philosopher concerned with metaphysical and ethical questions of truth in relation to the generation of narratives. In other words, I engage... |
2012 |
| Cynthia Hawkins DeBose |
Colonial White Mater Privilege: an Above-ground Railroad to Freedom and Land Reclamation |
55 Howard Law Journal 455 (Winter 2012) |
Law Review Articles and Other Secondary Sources |
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INTRODUCTION. 457 I. Anti-Miscegenation Statutes. 459 II. Thesis--Colonial White Mater Privilege. 463 III. Colonial Maryland: A Mixing of the Races. 464 IV. The Tayles of the Whyte Matriarchs. 467 A. The Shorter Family. 467 B. The Hawkins Family. 468 V. Petitions for Freedom & Land Reclamation Cases: Testing the Theory in Maryland. 469 A. William &... |
2012 |
| James Anderson |
Comment on Doug Kysar's What Climate Change Can Do about Tort Law |
42 Environmental Law Reporter News & Analysis 10745 (August, 2012) |
Law Review Articles and Other Secondary Sources |
|
Professor Doug Kysar's thought-provoking article cogently outlines an array of doctrinal and conceptual hurdles that climate-change plaintiffs face and notes the way in which tort's focus on short-term solutions--its marginalist bias as Professor Kysar puts it--impairs its ability to address a variety of important issues. He then suggests that... |
2012 |
| Ziad Haider |
Corporate Liability for Human Rights Abuses: Analyzing Kiobel & Alternatives to the Alien Tort Statute |
43 Georgetown Journal of International Law 1361 (Summer, 2012) |
Law Review Articles and Other Secondary Sources |
|
Can corporations be held liable for human rights abuses under international law? According to the Second Circuit's highly controversial Kiobel decision, the answer is no. Specifically, corporations are not liable for human rights abuses under the Alien Tort Statute (ATS)--a statute that has become the central battleground for debating the role of... |
2012 |