AuthorTitleCitationDocument TypeStatusSummaryYear
K.J. Greene Right of Publicity, Identity, and Performance 28 Santa Clara Computer and High Technology Law Journal 865 (2011-2012) Law Review Articles and Other Secondary Sources   My intellectual property (IP) scholarship was among the first to explore the impact of intellectual property rights on African-American cultural production--and vice-versa. While IP law does not explicitly mention social status, such as race or gender, my work posits that the history of black artists and performers is inextricably tied to legal... 2012
Jonathan D. Evans Solving the Sampling Riddle 29-WTR Entertainment and Sports Lawyer 16 (Winter, 2012) Law Review Articles and Other Secondary Sources   What is sampling? Is it theft? Is it a form of homage, like a cover song? Is it a self-made reparation in pursuit of the advance of copynorms? Is sampling a recommendation device that subtly communicates to audiences other music they might enjoy, like an unseen iTunes Genius? Each of these overlooks one fundamental truth: a sampler is a... 2012
Alison Pert The "Duty" of Non-recognition in Contemporary International Law: Issues and Uncertainties 30 Chinese (Taiwan) Yearbook of International Law and Affairs 48 (2012) Law Review Articles and Other Secondary Sources   C1-2TABLE OF CONTENTS I. Introduction II. History of the Principle of Non-Recognition A. Early Developments 1. Origins - Inter-American Practice 2. Other Pre-1945 Practice B. Developments Since 1945 1. Draft Declaration on the Rights and Duties of States 1949 2. 1970 Friendly Relations Declaration and 1974 Definition of Aggression 3. ILC Articles... 2012
Henry J. Richardson III The Black International Tradition and African American Business in Africa 34 North Carolina Central Law Review 170 (2012) Law Review Articles and Other Secondary Sources   Dean Pierce, Dean Scott, members of the Law School Faculty, distinguished guests, students, and other friends gathered, I am honored to be invited to give one of your Reynolds Lectures for 2011. I am honored that you would have me stand in this distinguished line of scholars. This afternoon, I want to explore the origins of African-American... 2012
Dan Subotnik The Duke Rape Case Five Years Later: Lessons for the Academy, the Media, and the Criminal Justice System 45 Akron Law Review 887 (2011-2012) Law Review Articles and Other Secondary Sources   If engagement is the first step in healing, then the second is pure unadulterated struggle. We will never achieve racial healing if we do not confront one another, take risks . say all the things we are not supposed to say in mixed company. Harlon Dalton If the Tawana Brawley case was the race/law media sensation of the 1980s, that distinction... 2012
Eric K. Yamamoto The Evolving Legacy of Japanese American Internment Redress: next Steps We Can (And Should) Take 11 Seattle Journal for Social Justice 77 (Summer, 2012) Law Review Articles and Other Secondary Sources   The Fred T. Korematsu Center for Law and Equality's conference on Gordon Hirabayashi's life and contributions to civil liberties is both timely and significant. It is timely because Gordon recently passed on, and he was a man of extraordinary conviction and quiet courage. In challenging the United States government and its mass racial internment,... 2012
Sora Y. Han The Long Shadow of Racial Profiling 1 British Journal of American Legal Studies 77 (Spring, 2012) Law Review Articles and Other Secondary Sources   [I]n the interpretations of Laws, whether Divine, or Humane, there is no end; Comments beget Comments, and Explications make new matter for Explications: And of limiting, distinguishing, varying the signification of these moral Words, there is no end . Many a Man, who was pretty well satisfied of the meaning of the Text of Scripture, or Clause in... 2012
Barbara A. Noah The Role of Race in End-of-life Care 15 Journal of Health Care Law and Policy 349 (2012) Law Review Articles and Other Secondary Sources   More than a decade into the twenty-first century, racial discrimination, de facto segregation, and all of the inequalities that flow from these conditions remain firmly embedded in American society. The impact of racial inequality and racism on the health of African Americans and other racial and ethnic minorities often results in concrete threats... 2012
Kevin Brown This Is a Time for Hope and Change 87 Indiana Law Journal 431 (Winter, 2012) Law Review Articles and Other Secondary Sources   I have agreed to comment on the paper delivered by Professors Angela Onwuachi-Willig and Mario Barnes at a conference titled Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? In his victory speech on the night of November 4, 2008, Barack Obama, the first black (African American, biracial?) President reaffirmed the... 2012
Kenneth Einar Himma Toward a Lockean Moral Justification of Legal Protection of Intellectual Property 49 San Diego Law Review 1105 (November-December 2012) Law Review Articles and Other Secondary Sources   I. Introduction. 1106 II. Two Approaches to General Moral Theorizing. 1109 A. Consequentialist Theories. 1110 B. Deontological Theories. 1111 C. Special Difficulties in Supporting Consequentialist and Deontological Arguments Regarding Intellectual Property Rights. 1114 D. Consequentialism, Deontology, and the U.S. Constitution. 1118 III. Two Moral... 2012
John Tehranian Towards a Critical Ip Theory: Copyright, Consecration, and Control 2012 Brigham Young University Law Review 1237 (2012) Law Review Articles and Other Secondary Sources   All animals are equal, but some animals are more equal than others. -- George Orwell, Animal Farm Intellectual-property jurisprudence increasingly informs the way in which social order is maintained in the twenty-first century. By regulating cultural production and patrolling the dissemination of knowledge, copyright law mediates the exercise of... 2012
Leora Bilsky Transnational Holocaust Litigation 23 European Journal of International Law 349 (May, 2012) Law Review Articles and Other Secondary Sources   International adjudication of the Holocaust has played a defining role in the development of international criminal law. Its legacy has recently been challenged by the Holocaust restitution actions brought before American courts in the 1990s. Settled for unprecedented amounts, the litigation has been sharply criticized by legal scholars and... 2012
Hun Joon Kim Trial and Error in Transitional Justice: Learning from South Korea's Truth Commissions 19 Buffalo Human Rights Law Review 125 (2012) Law Review Articles and Other Secondary Sources   Modern South Korean history has been marked by momentous social and political upheavals: Japanese colonialism (1910-1945); the U.S. military occupation (1945-1948); sundry insurgencies, riots, and uprisings (1946-1948); the war with Communist North Korea (1950-1953); the patriarchal dictatorship of Syngman Rhee (1948-1960); a short-lived democracy... 2012
  U.s. v. Chance 496 Fed.Appx. 302, United States Court of Appeals, Fourth Circuit. (11/6/2012) Cases As of January 6, 2020 case has not been reversed or overruled. CRIMINAL JUSTICE - Experts. Exclusion of proffered expert testimony with respect to defendant's alleged lack of specific intent was warranted. 2012
Robert I. Correales Unfinished Business: a Discussion of Remedies for Victims of Involuntary Dismissal under Don't Ask, Don't Tell and its Predecessor, Toward a True Reconciliation 22 Southern California Review of Law & Social Justice Just. 1 (Fall 2012) Law Review Articles and Other Secondary Sources   The recent decision by Congress and the Obama administration to end Don't Ask, Don't Tell (DADT) in the United States Military was celebrated not only within the gay and lesbian community, but also throughout much of American society. While the decision to overturn DADT represents a significant step forward in the struggle for equality, the... 2012
David Lyons Violence and Political Incivility 63 Mercer Law Review 835 (Spring 2012) Law Review Articles and Other Secondary Sources   The charge to our panel refers to the deterioration of the political conversation, to deep . . . divisions in society, and to recent violence-especially the tragic events in Tuscon. It asks us to identify the virtues required for our common life as citizens in a democracy and for civil democratic conversation. I shall offer observations and... 2012
Douglas A. Kysar What Climate Change Can Do about Tort Law 42 Environmental Law Reporter News & Analysis 10739 (August, 2012) Law Review Articles and Other Secondary Sources   Climate change is coming to the common law. Plaintiffs in several cases are pressing tort claims against carefully composed groups of greenhouse gas emitting defendants, seeking monetary damages and injunctive relief to lessen the threat and financial burden of climate change's harmful impacts. Accordingly, the question of whether greenhouse gas... 2012
Lateef Mtima What's Mine Is Mine but What's Yours Is Ours: Ip Imperialism, the Right of Publicity, and Intellectual Property Social Justice in the Digital Information Age 15 SMU Science and Technology Law Review 323 (Fall 2012) Law Review Articles and Other Secondary Sources   THAT the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth,... 2012
Lateef Mtima What's Mine Is Mine but What's Yours Is Ours: Ip Imperialism, the Right of Publicity, and Intellectual Property Social Justice in the Digital Information Age 2 Arizona State Sports & Entertainment Law Journal 35 (Spring, 2012) Law Review Articles and Other Secondary Sources   That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth,... 2012
Talibah-mawusi Smith When the Well Runs Dry, Dig Deeper: the Case for Funding the Public Library, a Necessary Resource for Minorities 22 Berkeley La Raza Law Journal 137 (2012) Law Review Articles and Other Secondary Sources   A reduction in government funding for public libraries means more than just fewer resources and shorter operating hours; a reduction means a less empowered class of U.S. citizens. When the public's ability to progress is hampered by its government, a weaker system is created; a house is only as strong and sure as its foundation. This essay covers... 2012
Glenn Adams , Phia S. Salter A Critical Race Psychology Is Not Yet Born 43 Connecticut Law Review 1355 (July, 2011) Law Review Articles and Other Secondary Sources   Critical Race Theory (CRT) challenges scholars to reveal and dismantle disciplinary conventions that constitute racial power. In this Article, we take up this challenge and consider the potential for a Critical Race Psychology. Although CRT-compatible work has drawn upon psychological scientific research to challenge disciplinary conventions in... 2011
Ifeolu Hassan Affirmative Action and the Master Narrative 3 Georgetown Journal of Law & Modern Critical Race Perspectives 103 (Spring, 2011) Law Review Articles and Other Secondary Sources   In 2004, Professors Lani Guinier and Henry Louis Gates raised a pressing issue at the Harvard University Black alumni reunion: the underrepresentation of Black natives and overrepresentation of Black immigrants in America's selective institutions of higher learning. At the time, about two-thirds of Harvard's undergraduate Black students were... 2011
Kevin R. Johnson An Essay on the Nomination and Confirmation of the First Latina Justice on the U.s. Supreme Court: the Assimilation Demand at Work 30 Chicana/o-Latina/o Law Review 97 (2011) Law Review Articles and Other Secondary Sources   Introduction. 98 I. Thurgood Marshall's Appointment to the Supreme Court: Confirmation as a Test of Assimilation. 107 A. The Judicial Activist Charge. 110 B. The Anti-White Presumption. 111 C. Affiliation with the National Association for the Advancement of Colored People. 112 II. Sandra Day O'Connor's Appointment: Senate Confirmation as... 2011
Armen H. Merjian An Unbroken Chain of Injustice: the Dawes Act, Native American Trusts, and Cobell v. Salazar 46 Gonzaga Law Review 609 (2010-2011) Law Review Articles and Other Secondary Sources   I. Introduction. 610 II. The Dawes Act: Late Nineteenth Century Ethnic Cleansing. 613 III. Cobell v. Salazar: Injustice Compounded by Injustice. 619 A. Bleak House Revisited. 623 B. The Phase I Trial. 627 C. Intransigence and Delay. 630 D. Contempt Number Two. 633 E. The Phase 1.5 Trial. 636 F. A Scandal on Navajo Land. 637 G. Congress' Last-Minute... 2011
Michal Alberstein , Nadav Davidovitch Apologies in the Healthcare System: from Clinical Medicine to Public Health 74 Law and Contemporary Problems 151 (Summer 2011) Law Review Articles and Other Secondary Sources   In recent years, both formal and informal initiatives have promoted the inclusion of apologies in medical education and clinical practices. Many countries have even regulated medical apologies through law. Although there has been much discussion of the potential for apology to promote efficiency and the conditions for a successful apology, the... 2011
Jeffery M. Brown Benevolent Assistance or Bureaucratic Burden?: Promoting Effective Haitian Reconstruction, Self-governance, and Human Rights under the Right to Development 6 Intercultural Human Rights Law Review 209 (2011) Law Review Articles and Other Secondary Sources   This Article examines the capacity of regional organizations to coordinate foreign assistance and development programs in underdeveloped states, and in doing so, to promote the transformation of the Right to Development (RTD) - which stresses the right of nations and their people to progress in a manner that insures their ability to meet basic... 2011
John O. Haley Beyond Retribution: an Integrated Approach to Restorative Justice 36 Washington University Journal of Law & Policy Pol'y 1 (2011) Law Review Articles and Other Secondary Sources   Restorative Justice, as indicated in the papers in this symposium issue of the Journal, is most commonly used as a label for victim-offender mediation and related approaches that focus on offender accountability to the victims of their crimes. Although not the first, the Victim-Offender Reconciliation Programs (VORP) were the most influential and... 2011
  Brief of Appellants (2/15/2011) Briefs   Oral argument will help decide this appeal, which addresses a recurrent issue of importance to correctional facilities nationwide: what restrictions are permitted on inmate access to... 2011
Lieutenant Colonel John N. Ohlweiler Building the Airplane While in Flight: International and Military Law Challenges in Operation Unified Response 2011-JAN Army Lawyer Law. 9 (January, 2011) Law Review Articles and Other Secondary Sources   We are just now beginning to learn the extent of the devastation, but the reports and images that we've seen of collapsed hospitals, crumbled homes, and men and women carrying their injured neighbors through the streets are truly heart-wrenching .. I have directed my administration to respond with a swift, coordinated, and aggressive effort to save... 2011
Douglas L. Colbert Clinical Professors' Professional Responsibility: Preparing Law Students to Embrace Pro Bono 18 Georgetown Journal on Poverty Law and Policy 309 (Symposium 2011) Law Review Articles and Other Secondary Sources   The newly admitted twenty-first century lawyer faces a choice. As a member of a profession that claims a special responsibility for the quality of justice, will she provide pro bono service to the people who cannot afford legal representation? Or will she join colleagues who focus on the retained, paying client, and spend little or no time... 2011
Susan K. Serrano Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity 20 Southern California Review of Law & Social Justice 353 (Summer 2011) Law Review Articles and Other Secondary Sources   At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... 2011
  Complaint--class Action Seeking Injunctive Relief for Class in Violations of Constitutional & Civil Rights Re: Racism (9/12/2011) Trial Court Documents   WITHOUT ORAL ARGUMENTS Lead Plaintiff Wayne Perryman (Lead Plaintiff or Plaintiff) individually and on behalf of all other persons similarly situated, by the undersigned Pro-Se litigants,... 2011
Gregory Scott Crespi Cost-benefit Analysis: Not a Suitable Approach for Evaluating Climate Regulation Policies 2 Washington and Lee Journal of Energy, Climate, and the Environment 227 (Summer, 2011) Law Review Articles and Other Secondary Sources   Cost-benefit analysis is a widely used approach for guiding public sector policy decisions. Given the impetus provided by strong evidence of global warming, numerous scholars are now considering the role that cost-benefit analysis should play, if any, in assessing climate regulation policies, and are offering recommendations as to how this... 2011
Eric K. Yamamoto , Sara D. Ayabe Courts in the "Age of Reconciliation": Office of Hawaiian Affairs v. Hcdch 33 University of Hawaii Law Review 503 (Summer, 2011) Law Review Articles and Other Secondary Sources   To heal the persisting wounds of historic injustice, governments, communities, and civil and human rights groups throughout the world are shaping redress initiatives around some form of reconciliation. Many of the initiatives are salutary. All are fraught with challenges. In Asia, Japan reluctantly faces continuing demands from victims of its World... 2011
Devon W. Carbado Critical What What? 43 Connecticut Law Review 1593 (July, 2011) Law Review Articles and Other Secondary Sources   More than twenty years after the establishment of Critical Race Theory (CRT) as a self-consciously defined intellectual movement, defining oneself as a Critical Race Theorist can still engender the question: critical what what? When asked, the inquiry is not just about the appellation, though this is certainly part of what engenders the question.... 2011
  Defendant United States of America's Memorandum of Contentions of Law and Fact (6/14/2011) Trial Court Documents   P.T.C. Date: July 5, 2011 Trial Date: July 12, 2011 United States District Court This is an action brought under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 1346(b) and 2671-2680, by... 2011
Siddharth Kara Designing More Effective Laws Against Human Trafficking 9 Northwestern Journal of International Human Rights 123 (Spring, 2011) Law Review Articles and Other Secondary Sources   This paper seeks to provide an analytical framework for designing more effective laws against human trafficking. The United Kingdom will be used as a case study to identify specific changes to the sentencing provisions of anti-trafficking legislation that must be made in order to achieve a more effective response to human trafficking and other... 2011
Markus G. Puder Did You Ever Hear of the Napoleonic Code, Stella? A Mixed Jurisdiction Impact Analysis from Louisiana's Law Laboratory 85 Tulane Law Review 635 (February, 2011) Law Review Articles and Other Secondary Sources   This Article develops the themes of history, language, and culture in the art of mixed jurisdiction impact analysis. It showcases a specific law (former article 177 of the Louisiana Civil Code) governing the liability of the building master for things thrown out of the house into the street or public road. Our case study gives real meaning to the... 2011
Danielle N. Boaz Dividing Stereotype and Religion: the Legal Implications of the Ambiguous References to Voodoo in U.s. Court Proceedings 14 Scholar: St. Mary's Law Review on Minority Issues 251 (Winter 2011) Law Review Articles and Other Secondary Sources   I. Defining Voodoo & Vodou. 255 II. Origins of the Prejudice. 257 A. Vodou in Haiti. 258 B. Non-Haitian Voodoo in U.S. Courts and Media. 267 III. The Modern Atmosphere. 274 A. Cases. 275 i. Implications on Mental, Emotional, and Social Stability. 276 a. Criminal Cases. 276 b. Civil Cases. 280 ii. Discrimination and Defamation Cases. 284 a.... 2011
Simon Turner Bailey Doctor My Doctrine: Medical Malpractice and the Irrepressible Continuing Tort 62 Alabama Law Review 439 (2011) Law Review Articles and Other Secondary Sources   I. Introduction. 439 II. History. 441 III. The Current State of the Continuing Tort Doctrine in Medical Malpractice. 446 IV. The Errors the Judiciary Makes in Discussing the Continuing Tort Doctrine in Medical Malpractice. 447 A. Confusing Continuing Torts With Continuous Treatment. 448 B. Being Overly Conclusory. 449 C. Furnishing Arguments That... 2011
Rhonda V. Magee Educating Lawyers to Meditate? 79 UMKC Law Review 535 (Spring, 2011) Law Review Articles and Other Secondary Sources   Even before Anna checked her voice messages, she felt a familiar queasiness in her belly. After a year as an associate at a mid-size firm, the red message light had so often led to a new ASAP demand, that her body had developed a habit of reacting to it with a wave of weakness that settled lightly in her stomach. Before she'd noticed, she had... 2011
Beth Ribet Emergent Disability and the Limits of Equality: a Critical Reading of the Un Convention on the Rights of Persons with Disabilities 14 Yale Human Rights and Development Law Journal 155 (2011) Law Review Articles and Other Secondary Sources   The UN Convention on the Rights of Persons with Disabilities marks a shift in international legal relationships to, and conceptions of, disability. The Convention is the first binding international instrument of its kind related to disability. Its premises differ from the earlier World Programme on Disability, and more closely integrate the... 2011
Jean Allain, Reader, School of Law, Queen's University, Belfast, Northern Ireland, Extraordinary Lecturer, Human Rights Centre, Faculty of Law, University of Pretoria, South Africa, Email: j.allain@qub.ac.uk Emmanuel Decaux. Les Formes Contemporaines De L'esclavage. Leiden: Martinus Nijhoff Publishers, 2009. Pp. 256. €15.00. Isbn: 9789004179080 22 European Journal of International Law 284 (February, 2011) Law Review Articles and Other Secondary Sources   One would expect no less from this study of contemporary forms of slavery by Emmanuel Decaux than that it identifies the fundamental puzzle at the heart of legal issues surrounding human exploitation, namely, that: there is a permanent contradiction between the successive attempts focused on slavery in all its forms' as well as the practices and... 2011
  Erste Group Bank Ag's Memorandum of Law in Support of its Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and 12(b)(6) (1/28/2011) Trial Court Documents   Plaintiffs have sued Erste Group Bank AG (Erste) (incorrectly named in the complaint as Erste Group Bank), an Austrian bank, for torts allegedly committed by unrelated Hungarian banks in... 2011
The Honorable James F. Holderman Essays on the Honorable Paul R. Michel 10 John Marshall Review of Intellectual Property Law 277 (Winter, 2010-2011) Law Review Articles and Other Secondary Sources   Meredith Martin Addy Foreword 278 The Honorable James F. Holderman Comments on Paul R. Michel's Contributions to Justice 279 Matthew J. Dowd Paul Michel: A Patriot and a Mentor 282 Lindsay Androski Kelly The Paul Michel You Never Knew 286 Elizabeth I. Winston Clarifying the Doctrine of Inequitable Conduct 290 Herbert C. Wamsley Chief Judge Michel's... 2011
  Expert Report on Behalf of the United States of Eric Rauchway (2/25/2011) Expert Materials   1.1 Brief history of the economic crisis . 1 1.2 A note on the values of money . 3 2.1 It is my opinion, and that of both contemporary and historical observers, that the banking crisis of... 2011
W. Burlette Carter Finding the Oscar 55 Howard Law Journal 107 (Fall 2011) Law Review Articles and Other Secondary Sources   INTRODUCTION. 108 I. THE LEGACY OF HATTIE MCDANIEL. 112 II. THE WILL AND THE PROBATE RECORDS. 128 A. The Will. 129 B. Notices and the Creditors. 130 C. The Assets. 131 D. Oscar On Sale. 132 III. OSCAR MOVES FROM SCREEN TO STAGE AT HOWARD UNIVERSITY. 136 A. Send It To Howard . 136 B. Two Collections. 137 C. A Gift from Leigh Whipper Arrives. 138... 2011
Peter H. Meyers Fixing the Flaws in the Federal Vaccine Injury Compensation Program 63 Administrative Law Review 785 (Fall 2011) Law Review Articles and Other Secondary Sources   Introduction. 786 I. The Flawed Federal Vaccine Injury Compensation Program. 792 A. History of the Vaccine Act and Its Key Provisions. 792 B. The Vaccine Injury Table and Its Significance in the Program. 796 C. Major Changes in the Table and the Program and Their Consequences. 799 D. The Special Masters' Role in the Decisionmaking Process. 805 E.... 2011
Adam F. Scales Following Form: Corporate Succession and Liability Insurance 60 DePaul Law Review 573 (Winter 2011) Law Review Articles and Other Secondary Sources   The ship wherein Theseus and the youth of Athens returned had thirty oars, and was preserved by the Athenians . . . for they took away the old planks as they decayed, putting in new and stronger timber in their place, insomuch that this ship became a standing example among the philosophers, for the logical question of things that grow; one side... 2011
Keith Aoki Food Forethought: Intergenerational Equity and Global Food Supply-- Past, Present, and Future 2011 Wisconsin Law Review 399 (2011) Law Review Articles and Other Secondary Sources   This Article assesses the treatment of plant genetic resources and crop diversity in light of theories of corrective and distributive justice (utilitarian and deontological) as well as relevant critiques of such theories. It reviews three periods in the treatment of plant genetic resources: the past, the present, and the future, noting that in the... 2011
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