AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Dawinder S. Sidhu Threshold Liberty 37 Cardozo Law Review 503 (December, 2015) Law Review Articles and Other Secondary Sources   The Supreme Court's Thirteenth Amendment precedent is no longer sustainable. For starters, that precedent--which holds that the Amendment prohibits the badges and incidents of slavery, and that Congress has the power to rationally determine what constitutes a badge or incident of slavery-- raises serious federalism and separation of powers... 2015  
Sir Franklin Berman KCMG Treaty-making Within the British Commonwealth 38 Melbourne University Law Review 897 (2015) Law Review Articles and Other Secondary Sources   The subject of this essay is treaty-making within the British Commonwealth. It can be seen as an outward projection onto the international scene of the subtle complexities of the constitutional relationships within the Commonwealth. It turns out on examination, moreover, to be so interestingly varied that this essay cannot do more than illuminate... 2015  
Terry Smith White Backlash in a Brown Country 50 Valparaiso University Law Review 89 (Fall, 2015) Law Review Articles and Other Secondary Sources   I would like to honestly say to you that the white backlash is merely a new name for an old phenomenon . . . . It may well be that shouts of Black Power and riots in Watts and the Harlems and the other areas, are the consequences of the white backlash rather than the cause of them. Table of Contents I. Introduction. 90 II. Privilege as Addiction,... 2015  
  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   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  
  Response in Opposition to Prototype Engineering Defendants' Motion to Dismiss (2/9/2015) Trial Court Documents   COME NOW, Collette Carpenter, Individually and as Administrator of the Estate of Clayton O. Carpenter, deceased, Jon Ternstrom, Maria Ternstrom, Cameron Witzler, and Michelle Witzler... 2015  
  National Taxpayer Advocate (1/1/2014) Administrative Decisions & Guidance     2014  
  Brief for the National Black Law Students Association as Amicus Curiae in Support of Respondent (12/23/2014) Briefs   The National Black Law Students Association (NBLSA) submits this brief as amicus curiae in support of Respondents, urging this Court to affirm the ruling of the United States Court of... 2014  
  Brief for the United States (4/21/2014) Briefs   FN1. The district court docket is cited as R. _. Citation's to Greene's Short Appendix are referred to as App. _. Citations to Greene's Supplemental Appendix filed with Greene's brief will... 2014  
  Reply Brief of Appellant-plaintiff Frederick Greene, in Pro per (6/23/2014) Briefs   This is really a quite simple case. Its resolution hinges on a mere seven words. Seven words that the Defendant, Department of Education was required to plead, but brazenly failed to do so.... 2014  
  Greene v. U.s. Dept. Of Educ. 770 F.3d 667, United States Court of Appeals, Seventh Circuit. (10/27/2014) Cases As of January 6, 2020 case has not been reversed or overruled. EDUCATION - Scholarships and Loans. DOE's claim for repayment of student loan was not compulsory counterclaim in borrower's Chapter 7 adversary proceeding. 2014  
  Saint-jean v. Emigrant Mortg. Co. 50 F.Supp.3d 300, United States District Court, E.D. New York. (9/25/2014) Cases As of January 6, 2020 case has not been reversed or overruled. REAL PROPERTY - Discrimination. Homeowners subject to discriminatory mortgages did not have reason to know of Fair Housing Act claims until meeting with attorney. 2014  
  Expert Report of Orville Vernon Burton, Ph.d. (6/27/2014) Expert Materials   Note: This document was obtained from the above titled case. (PDF information below.) Court: United States District Court, S.D. Texas. Title: UNITED STATES OF AMERICA, Plaintiff, TEXAS... 2014  
  4) Greene v. U.s. Dept. Of Educ. (7th Circuit) 2014 Bankruptcy Service Current Awareness Alert NL 4 (12/1/2014) Law Review Articles and Other Secondary Sources   Seventh Circuit holds that the governments claim for repayment of student loan debt was not a compulsory counterclaim in the debtors § 523(a)(8) action In 2005, debtor and his wife in Greene v. U.S. Dept. of Educ.[ ] filed for bankruptcy under Chapter 7 and obtained a discharge of all their debts except federal student loan debt of approximately... 2014  
Walter E. Block A Collection of Essays on Libertarian Jurisprudence 58 Saint Louis University Law Journal 541 (Winter 2014) Law Review Articles and Other Secondary Sources   Presented below are three articles authored or co-authored by Walter E. Block. They are as follows: I. Sunshine and Property Rights, Walter E. Block II. Alienability, Once Again; A Libertarian Theory of Contracts, Walter E. Block III. Professor Levy on the Real Blackmail Paradox: A Response, Walter E. Block and David Gordon We attempt to... 2014  
Goldburn P. Maynard Jr. Addressing Wealth Disparities: Reimagining Wealth Taxation as a Tool for Building Wealth 92 Denver University Law Review 145 (2014) Law Review Articles and Other Secondary Sources   In the past three decades, research has indicated that the building of personal assets can have a sustainable impact on well-being. Yet to the extent that the tax system has incorporated this insight, it has been done in a piecemeal, ad hoc fashion, disproportionately benefiting those with wealth and further reinforcing wealth inequality. This... 2014  
Harry G. Hutchison Affirmative Action: Between the Oikos and the Cosmos Review Essay: Richard Sander & Stuart Taylor, Jr., Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit it 66 South Carolina Law Review 119 (Autumn, 2014) Law Review Articles and Other Secondary Sources   I. Introduction. 120 II. Situating Affirmative Action in Context. 126 A. Conflict or Consensus as Part of the Nation's Racial Odyssey?. 127 B. Race in the Mirror of Government Volatility. 129 C. The Constitutional Background: The Paradoxes of Equal Protection. 132 III. The Cosmos, Universality, and Diversity. 144 A. Cosmopolitanism's Universalizing... 2014  
Samuel Gottstein An Era of Continued Neglect: Assessing the Impact of Congressional Exemptions for Alaska Natives 55 Boston College Law Review 1253 (September, 2014) Law Review Articles and Other Secondary Sources   Abstract: Although Native Americans in the contiguous United States have benefited from recent congressional reforms, Alaska Native communities were largely ignored. Despite the widely acknowledged crisis of sexual assault and domestic violence in rural Alaska Native communities, Congress has explicitly exempted Alaska from legislation that would... 2014  
Khaled A. Beydoun Antebellum Islam 58 Howard Law Journal 141 (Fall 2014) Law Review Articles and Other Secondary Sources   Muslim-American identity today is deeply conflated with Arab-American identity. This conflation perpetuates stereotypes within legal scholarship, government agencies, and civil rights interventions seeking to combat the marginalization of Muslim Americans - victims of post-9/11 profiling and new, local policing surveillance programs (e.g., NYPD... 2014  
Caroline Dostal , Anke Strauss , Leopold von Carlowitz Between Individual Justice and Mass Claims Proceedings: Property Restitution for Victims of Nazi Persecution in Post-reunification Germany 15 German Law Journal 1035 (10/1/2014) Law Review Articles and Other Secondary Sources   German history of the twentieth century offers a rich resource of precedent for property restitution and compensation programs. The Federal Republic of Germany instituted different mass claims proceedings shaped to reverse or mitigate violations of property rights that took place as part of (a) the persecutions by the Nazi regime from 1933 to... 2014  
Jessica Dixon Weaver Beyond Child Welfare--theories on Child Homelessness 21 Washington and Lee Journal of Civil Rights and Social Justice 17 (Fall 2014) Law Review Articles and Other Secondary Sources   Introduction. 17 I. Child Homelessness in the United States. 20 II. Historical Role of the State in Addressing Child Homelessness. 25 III. Poverty & Child Welfare. 28 A. The Color of Child Homelessness. 32 IV. Theories on Poverty & Homelessness. 36 A. Vulnerability Theory & Child Homelessness. 39 B. Principle of Subsidiarity. 42 C. Brief Overview... 2014  
Matiangai V.S. Sirleaf Beyond Truth and Punishment in Transitional Justice 54 Virginia Journal of International Law 223 (Spring 2014) Law Review Articles and Other Secondary Sources   Many societies have had to deal with issues of truth and punishment following a period of massive human rights violations. This Article evaluates the search for justice in the aftermath of atrocities in Ghana, Sierra Leone, and Liberia by examining each country's approach to truth-telling and punishment. It demonstrates that scholars and... 2014  
Toni Lester Blurred Lines--where Copyright Ends and Cultural Appropriation Begins-- the Case of Robin Thicke Versus Bridgeport Music and the Estate of Marvin Gaye 36 Hastings Communications and Entertainment Law Journal (COMM/ENT) 217 (Summer 2014) Law Review Articles and Other Secondary Sources   I. Introduction. 217 II. Copyright Law Applied to Blurred Lines and Gotta Give It Up . 222 A. The U.S. Copyright Act. 222 B. The Intent Requirement in Copyright Law. 223 C. The Originality and Substantial Similarity Requirements in Copyright Law. 225 1. The Math--What Is Subtracted and What Is Kept. 225 2. How Harmony Is Treated. 226 3. How... 2014  
Justin Hansford Cause Judging 27 Georgetown Journal of Legal Ethics Ethics 1 (Winter, 2014) Law Review Articles and Other Secondary Sources   Building on the framework of cause lawyering scholarship, this Article explores the fact that, in the tradition of cause lawyering, law practice animated by dedication to a cause, cause judging exists as well. This insight has implications for judicial ethics norms. The hyper-partisan nature of modern American life has already cast doubt on... 2014  
Xuan-Thao Nguyen China's Apologetic Justice: Lessons for the United States? 4 Columbia Journal of Race and Law 97 (2014) Law Review Articles and Other Secondary Sources   Many scholars have criticized Congressional apology resolutions for slavery as inadequate and ineffective. Ironically, Congress may look to China's apologetic justice in intentional intellectual property infringements to learn valuable lessons about apologies and how to incorporate them into righting wrongs. China requires that the wrongdoer who... 2014  
Roxanna Altholz Chronicle of a Death Foretold: the Future of U.s. Human Rights Litigation Post-kiobel 102 California Law Review 1495 (December, 2014) Law Review Articles and Other Secondary Sources   For thirty years, the Alien Tort Statute (ATS) has provided U.S. courts with civil jurisdiction over human rights abuses committed abroad and a small group of victims a modest measure of justice. The Supreme Court's April 2013 decision to limit the extraterritorial reach of the ATS in Kiobel v. Royal Dutch Petroleum prompted declarations from... 2014  
Marya Torrez Combatting Reproductive Oppression: Why Reproductive Justice Cannot Stop at the Species Border 20 Cardozo Journal of Law & Gender 265 (Winter 2014) Law Review Articles and Other Secondary Sources   Introduction. 265 I. Patriarchy, Hierarchies and Perpetuation of Oppression of All Beings. 269 A. Roots of Distinctions between Humans and Nonhumans and What's Natural . 270 C. But They're Not Like Us: Preserving the Myth of the Human/Nonhuman Divide. 274 II. The Interrelationship of the Reproductive Oppression of Humans and Nonhumans. 277 A.... 2014  
Henry J. Richardson III Critical Perspectives on Intervention 29 Maryland Journal of International Law 12 (2014) Law Review Articles and Other Secondary Sources   I am honored to be invited to this discussion. Our current inquiry about intervention must start with the global community. It is a community in its comprehensive empirical, factual linkages and intersecting processes among all states and peoples of the world. We can only affirm that we are now living in McLuhan's Global Village of simultaneous... 2014  
Devon W. Carbado , Daria Roithmayr Critical Race Theory Meets Social Science 10 Annual Review of Law and Social Science 149 (2014) Law Review Articles and Other Secondary Sources   critical race theory, social science, critical social science, implicit bias Social science research offers critical race theory (CRT) scholars a useful methodology to advance core CRT claims. Among other things, social science can provide CRT with data and theoretical frameworks to support key empirical claims. Social psychology and sociology in... 2014  
Marissa Jackson Crossing the Bridge: African-americans and the Necessity of a 21st Century Human Rights Movement 5 Human Rights & Globalization Law Review 56 (Fall, 2013-) Law Review Articles and Other Secondary Sources   We have injected ourselves into the civil rights struggle, and we intend to expand it from the level of civil rights to the level of human rights. As long as you're fighting on the level of civil rights, you're under Uncle Sam's jurisdiction. You're going to his court expecting him to correct the problem. He created the problem. He's the criminal.... 2014  
Ann Piccard Death by Boarding School: "The Last Acceptable Racism" and the United States' Genocide of Native Americans 49 Gonzaga Law Review 137 (2013-2014) Law Review Articles and Other Secondary Sources   For the survivor who chooses to testify, it is clear: His duty is to bear witness for the dead and for the living. He has no right to deprive future generations of a past that belongs to our collective memory. To forget would be not only dangerous but also offensive; to forget the dead would be akin to killing them a second time. I. Introduction.... 2014  
Álvaro Paúl Decision-making Process of the Inter-american Court: an Analysis Prompted by the "In Vitro Fertilization" Case 21 ILSA Journal of International and Comparative Law 87 (Fall, 2014) Law Review Articles and Other Secondary Sources   I. Introduction. 87 II. A Preliminary Issue: Description of Artavia. 89 III. Extra-Convention Jurisdiction. 96 IV. Maximalist Approach. 102 V. The Use of Soft Law, Case Decisions, and Other Non-Binding Instruments. 107 VI. Interpretation. 110 A. Interpretation According to the Rules of the Vienna Convention. 110 B. Evolutive Interpretation Without... 2014  
Juan F. Perea Doctrines of Delusion: How the History of the G.i. Bill and Other Inconvenient Truths Undermine the Supreme Court's Affirmative Action Jurisprudence 75 University of Pittsburgh Law Review 583 (Summer, 2014) Law Review Articles and Other Secondary Sources   At its inception, affirmative action was understood as a necessary remedy for past discrimination. Fifty years ago, President Lyndon B. Johnson recognized the importance of affirmative action in the pursuit of equality: You do not take a person who, for years, has been hobbled by chains and liberate him, bring him up to the starting line of a race... 2014  
Nicholas F. Stump Following New Lights: Critical Legal Research Strategies as a Spark for Law Reform in Appalachia 23 American University Journal of Gender, Social Policy and the Law 573 (2014) Law Review Articles and Other Secondary Sources   I. Introduction. 575 II. The Legal Publishing Industry. 583 A. Historical Overview. 583 B. Transition to Online Legal Resources. 586 C. Print and Online Legal Research Compared. 589 1. Print Resources. 590 2. Online Resources. 592 D. Traditional Legal Research Process. 597 E. Legal Research Process Viewed as Normatively Neutral. 599 III. Critical... 2014  
Leora Bilsky, Rodger D. Citron, Natalie R. Davidson From Kiobel Back to Structural Reform: the Hidden Legacy of Holocaust Restitution Litigation 2 Stanford Journal of Complex Litigation 139 (Winter, 2014) Law Review Articles and Other Secondary Sources   This Article offers a new approach to the issue of transnational corporate liability for human rights violations and more generally an inquiry into the place of domestic legal experiences in theorizing about transnational law. Grounded in a study of the Holocaust restitution litigation of the 1990s, the authors explain corporate liability as a type... 2014  
Peter K. Yu How Copyright Law May Affect Pop Music Without Our Knowing it 83 UMKC Law Review 363 (Winter, 2014) Law Review Articles and Other Secondary Sources   When copyright law is linked to the creation of music-the focus of this Symposium-interesting questions arise. In the context of classical music, for example, why could Johann Sebastian Bach recycle in his Concerto for Four Harpsichords the opening phrase in Antonio Vivaldi's Concerto for Four Violins, Strings and Harpsichord Continuo? Why could... 2014  
Brandon Paradise How Critical Race Theory Marginalizes the African American Christian Tradition 20 Michigan Journal of Race and Law 117 (Fall, 2014) Law Review Articles and Other Secondary Sources   This Article offers the first comprehensive account of the marginalization of the African American Christian tradition in the movement of race and law scholarship known as critical race theory. While committed to grounding itself in the perspectives of communities of color, critical race theory has virtually ignored the significance of the fact... 2014  
Ross P. Buckley How East Asia Could Amplify its Voice in Global Economic Governance 37 Boston College International and Comparative Law Review 19 (Winter, 2014) Law Review Articles and Other Secondary Sources   Abstract: East Asia's voice in global and economic governance is far smaller than it should be given the region's contribution to world growth and its general significance. The region is under-represented, by any measure, on the International Monetary Fund, the Bank for International Settlements, and the Financial Stability Board. Only in the G20... 2014  
Polibio Valenzuela-Scheker, Diego M. Gandolfo, Luis E. Denuble, Lindsay Sykes, Eduardo Quintanilla, Mauricio Becerra De La Roca Donoso, Polina Chtchelok, Fernando Aguirre, Juliana Martines, Patrick Del Duca, Rogério Damasceno Leal, Carolina Pett Gabriel G Latin America and the Caribbean 48 The year in Review (ABA) 619 (Spring 2014) Law Review Articles and Other Secondary Sources   President Cristina Fernandez de Kirchner announced the creation of a committee to examine a bill to reform, update, and unify the 150-year-old Civil and Commercial Codes during the 2012 legislative sessions. After her party kept control of both houses of Congress during the October 2013 elections, there was a renewed impetus to begin the proposed... 2014  
Justin Hansford Lippman's Law: Debating the Fifty-hour Pro Bono Requirement for Bar Admission 41 Fordham Urban Law Journal 1141 (May, 2014) Law Review Articles and Other Secondary Sources   Introduction. 1142 I. Duty or Charity?. 1144 A. Theoretical Arguments for Pro Bono as Charity. 1145 B. Traditional Arguments for Pro Bono as Charity. 1150 C. Traditional Arguments for Pro Bono as a Duty. 1151 D. Theoretical Arguments for Pro Bono as a Duty. 1152 1. Law as a Higher Calling. 1152 2. The Idea of a Higher Calling and the... 2014  
Mary L. Heen Nondiscrimination in Insurance: the next Chapter 49 Georgia Law Review Rev. 1 (Fall, 2014) Law Review Articles and Other Secondary Sources   I. Introduction. 3 II. Development of Ideas About Equity in Insurance. 7 a. equity in nineteenth century commercial insurance. 10 b. equity in fraternal and cooperative insurance and governmental programs. 17 III. Previous Reform Efforts. 23 a. prior attempts to pass federal legislation banning discrimination in insurance. 24 b. the federal... 2014  
Jennifer Jorczak Not like You and Me: Hobby Lobby, the Fourteenth Amendment, and What the Further Expansion of Corporate Personhood Means for Individual Rights 80 Brooklyn Law Review 285 (Fall, 2014) Law Review Articles and Other Secondary Sources   Corporations, as F. Scott Fitzgerald might have put it, are not like you and me. Yet, this summer, the Supreme Court held in Burwell v. Hobby Lobby that closely held, for-profit corporations are in fact persons with standing to sue under the Religious Freedom Restoration Act of 1993 (RFRA), and that further, RFRA protects those corporations... 2014  
Nancy A. Heitzeg, Ph.D. , St. Catherine University On the Occasion of the 50 Anniversary of the Civil Rights Act of 1964: Persistent White Supremacy, Relentless Anti-blackness, and the Limits of the Law 36 Hamline Journal of Public Law and Policy 54 (Fall, 2014) Law Review Articles and Other Secondary Sources   White supremacy - once writ large in the law via slavery and Jim Crow segregation--was removed from its legalized pedestal with the Civil Rights Act of 1964, The Voting Rights Act of 1965 and finally, The Fair Housing Act of 1968. The law became raceneutral and it now suddenly was illegal to discriminate on the basis on race--in housing,... 2014  
Maritza I. Reyes Opening Borders: African Americans and Latinos Through the Lens of Immigration 17 Harvard Latino Law Review Rev. 1 (Spring 2014) Law Review Articles and Other Secondary Sources   African-American and Latino voter turnout during the 2008 and 2012 presidential elections hit record numbers. Polls show that the immigration debate influenced Latino voter turnout and preference. Presidential candidate Barack Obama's voiced support of comprehensive immigration reform strengthened his lead among Latino voters in 2008 and, once in... 2014  
Roy L. Brooks Postconflict Justice in the Aftermath of Modern Slavery 46 George Washington International Law Review 243 (2014) Law Review Articles and Other Secondary Sources   © Jenna Winship, 2011 (Used with Permission) A little girl is sold into debt bondage and sexual exploitation in Thailand to pay off the debts of her poverty-stricken parents. Her enslavement is sanctioned by her society's long-standing cultural values and religious convictions and is part of the hugely profitable sexual tourism industry in... 2014  
Evelyn Malavé Prison Health Care after the Affordable Care Act: Envisioning an End to the Policy of Neglect 89 New York University Law Review 700 (May, 2014) Law Review Articles and Other Secondary Sources   Inadequate prison health care has created a health crisis for reentering prisoners and their communities--a crisis that is exacerbated by barriers to employment and other collateral consequences of release. This Note will first examine how current Eighth Amendment doctrine has failed to sufficiently regulate prison health care so as to have any... 2014  
Joseph William Singer Property as the Law of Democracy 63 Duke Law Journal 1287 (March, 2014) Law Review Articles and Other Secondary Sources   In both his article Property as the Law of Things and his prior work, Professor Henry Smith has revitalized property law theory by emphasizing the architectural role that property plays in private law and the ways in which modular property rights reduce information costs and promote both property use and transfer. I applaud Smith's insistence that... 2014  
Twila L. Perry Race, Color, and the Adoption of Biracial Children 17 Journal of Gender, Race and Justice 73 (Winter 2014) Law Review Articles and Other Secondary Sources   Transracial adoption has both troubled and fascinated the American public for four decades. The number of Black children adopted by Whites in this country represents only a small fraction of the number of adopted children. Despite these small numbers, transracial adoption remains a subject of recurring public debate. Transracial adoption provokes... 2014  
Stacey Marlise Gahagan , Alfred L. Brophy Reading Professor Obama: Race and the American Constitutional Tradition 75 University of Pittsburgh Law Review 495 (Summer, 2014) Law Review Articles and Other Secondary Sources   Reading Professor Obama mines Barack Obama's syllabus on Current Issues in Racism and the Law for evidence of his beliefs about race, law, and jurisprudence. The syllabus for the 1994 seminar at the University of Chicago, which provides the reading assignments and structure for the course, has been available on the New York Times website since... 2014  
Jeremiah Chin Red Law, White Supremacy: Cherokee Freedmen, Tribal Sovereignty, and the Colonial Feedback Loop 47 John Marshall Law Review 1227 (Summer, 2014) Law Review Articles and Other Secondary Sources   I. Introduction. 1228 II. Conflict in Context: Historical origins of Cherokee Freedmen and Pending Litigation. 1230 A. Slavery and Reconstruction in the Cherokee Nation and the United States. 1231 1. Slavery in the Cherokee Nation and the beginnings of African enslavement. 1231 2. Removal and Civil War Alliances. 1234 3. Cherokee by Blood and the... 2014  
Carlton Waterhouse , Professor of Law, Indiana University Redress for Jim Crow Injustices 19-WTR NBA National Bar Association Magazine 26 (Fall/Winter 2013-) Law Review Articles and Other Secondary Sources   With the election of Barack Obama as the nation's first Black President, many have declared victory in the struggle for racial justice, yet this article maintains that the extensive private and governmental abuses of African Americans during the Jim Crow Era warrant a formal apology and redress for its victims. These far reaching and routine... 2014  
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