AuthorTitleCitationDocument TypeStatusSummaryYear
Diane Marie Amann John Paul Stevens and Equally Impartial Government 43 U.C. Davis Law Review 885 (February, 2010) Law Review Articles and Other Secondary Sources   Justice John Paul Stevens's embrace of race-conscious measures to ensure continued diversity stands in tension with his early rejections of affirmative action programs. The contrast suggests a linear movement toward a progressive interpretation of the Constitution's equality guarantee; however, examination of Stevens's writings in biographical... 2010
William B. Gould IV Labor Law Beyond U.s. Borders: Does What Happens Outside of America Stay Outside of America? 21 Stanford Law and Policy Review 401 (2010) Law Review Articles and Other Secondary Sources   This Article examines issues of extraterritoriality that have arisen in American labor law, resistance to such legal extension in Canada and Great Britain, and the law of the nation-state inside of the United States and its potential for being influenced from abroad. Specifically, I focus on some of the labor case law that has emerged under the... 2010
Reuel Schiller Law, Liberalism, and the New History of the Civil Rights Movement Sweet Land of Liberty: the Forgotten Struggle for Civil Rights in the North. By Thomas J. Sugrue. New York: Random House. 2008. Pp. Xxviii, 688. $35.00 61 Hastings Law Journal 1257 (May, 2010) Law Review Articles and Other Secondary Sources   I'm watching an episode of That's So Raven, a sitcom produced by the Disney Corporation. This is a rather unusual undertaking for me, but I'm stuck on an exercycle at a suburban health club and it's what happens to be on the giant, flat-screen T.V. that is positioned directly in front of me. The title character, Raven, is the older of two children... 2010
  Liberia (3/1/2010) Administrative Decisions & Guidance     2010
Herbert R. Reginbogin Litigating Genocide of the past 32 Loyola of Los Angeles International and Comparative Law Review 83 (Winter 2010) Law Review Articles and Other Secondary Sources   Who are you? A number. Your name? Gone. Blown away. Into the sky. Look up there. The sky is black, black with names. -by Nobel Prize laureate Elie Wiesel This article discusses the ethical, philosophical, and moral issues of litigating historic mass violations of human rights. Should there be a limit to attempts to redress historically wrongful... 2010
Ruqaiijah Yearby Litigation, Integration, and Transformation: Using Medicaid to Address Racial Inequities in Health Care 13 Journal of Health Care Law and Policy 325 (2010) Law Review Articles and Other Secondary Sources   Preface. 326 Introduction. 328 I. Empirical Data of Racial Inequities Due to Racial Discrimination. 336 A. Delay of Access to Nursing Home Services in a Reasonably Prompt Manner. 338 B. Denial of Admission to Quality Nursing Homes. 340 C. Inequities in the Quality of Nursing Home Care Provided to African Americans. 343 II. Civil Rights Failures in... 2010
Lee Harris Missing in Activism: Retail Investor Absence in Corporate Elections 2010 Columbia Business Law Review 104 (2010) Law Review Articles and Other Secondary Sources   Shareholder-led campaigns to install new leadership at U.S. firms--so-called proxy contests--occur too rarely and, when they do occur, are led by the same, boring cast of characters too often. This Article presents empirical evidence from a hand-collected database of public filings of proxy statements from 2006 to 2008--the years public filings are... 2010
Ellis Washington Natural Law Considerations of Juvenile Law 32 Whittier Law Review 57 (Fall 2010) Law Review Articles and Other Secondary Sources   This article is a substantive analysis of juvenile law as well as a tracing of the legal, philosophical, social, and historical backgrounds of juvenile law, which is an outgrowth of the so-called Progressive movement, a popular political movement that was a radical response to the vast changes brought by industrialization. This article will trace... 2010
Neil Gotanda New Directions in Asian American Jurisprudence 17 Asian American Law Journal L.J. 5 (2010) Law Review Articles and Other Secondary Sources   Preface. 6 I. Introduction. 7 An Explanation of Terms: Narratives and Stereotypes. 10 II. Locating Asian American Jurisprudence in Legal Scholarship. 11 A. Asian American Identity. 11 1. Identification and Identity Projects. 12 2. Three Asian American Identity Projects. 14 B. Interrogation of Legal Materials. 17 1. Three Asian American Historical... 2010
Rebecca A. Hart No Exceptions Made: Sexual Assault Against Native American Women and the Denial of Reproductive Healthcare Services 25 Wisconsin Journal of Law, Gender & Society 209 (Fall 2010) Law Review Articles and Other Secondary Sources   Introduction. 211 I. Sexual Assault in Indian Country. 216 A. The Epidemic of Sexual Assault in Indian Country. 216 B. The Federal Trust Relationship and Criminal Jurisdiction in Indian Country. 217 i. Federal and Tribal Criminal Jurisdiction over Sexual Assault Committed by a Native American. 218 ii. Federal and Tribal Criminal Jurisdiction over... 2010
Andre Smith, Carlton Waterhouse No Reparation Without Taxation: Applying the Internal Revenue Code to the Concept of Reparations for Slavery and Segregation 7 Pittsburgh Tax Review 159 (Spring, 2010) Law Review Articles and Other Secondary Sources   Carlton: Andre, if you don't mind terribly, I'd like your opinion on the relationship between taxes and the concept of reparations generally and reparations to Blacks for slavery and segregation specifically. As you know, I have done considerable research and writing on the subject of reparations for slavery and segregation. Most scholarship... 2010
Barry A. Fisher Notes from the World War Ii Redress Trenches: the Disparate Treatment of Victims East and West 32 Loyola of Los Angeles International and Comparative Law Review 95 (Winter 2010) Law Review Articles and Other Secondary Sources   As the twentieth century ended, Japan's former wartime allies, Germany and Austria, along with the principal Swiss banks, made efforts to close the historical book on their stained pasts. They settled the remaining claims of Holocaust victims for some $7 billion, with acknowledgments and apologies for their past misdeeds. These settlements were the... 2010
Paul Butler One Hundred Years of Race and Crime 100 Journal of Criminal Law and Criminology 1043 (Summer 2010) Law Review Articles and Other Secondary Sources   This Article considers the evolution of thinking about criminal justice and racial justice over the last one hundred years. If I were writing about race and crime in 1910, the year the Journal of Criminal Law and Criminology was founded, the problem that I would have focused on would be lynchings, which were sometimes an extra-legal response to... 2010
  Petitioners' Reply Brief (2/17/2010) Briefs   Last week, on the same day their answer to this petition was due, Plaintiffs filed an Amended Complaint. (Ex. K to Plaintiffs' Answer to the Petition). Relevant here, Plaintiffs limited... 2010
  Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment (4/27/2010) Trial Court Documents   I, the plaintiff, Douglas Sczygelski, acting pro se, answer the defendant's motion for summary judgment as follows. My amended complaint was filed on March 3, 2009. It states that I should... 2010
Sarah Willig Politics as Usual? The Political Question Doctrine in Holocaust Restitution Litigation 32 Cardozo Law Review 723 (November, 2010) Law Review Articles and Other Secondary Sources   Michael Vogel was deported to Auschwitz with his parents and four siblings in 1942. Upon arrival, Nazi guards stripped them of their gold possessions and other valuables. The Nazis then sent Vogel's mother and two of his siblings to the gas chambers, and forced the rest of the family to perform slave labor. Vogel was assigned to search for valuable... 2010
Michael A. Panton Politics, Practice and Pacifism: Revising Article 9 of the Japanese Constitution 11 Asian-Pacific Law and Policy Journal 163 (2010) Law Review Articles and Other Secondary Sources   I. Introduction. 164 L1-2Part I . L3167 II. The Historical Origins of Article 9. 167 A. The Realities of War. 169 III. U.S. Foreign Policy in Asia After WWII. 173 A. The Soviet Union, China, and the Cold War. 173 B. Korea: Ideological showdown at the Thirty-eighth Parallel. 177 IV. The Paradox of Article 9. 178 L1-2Part II . L3182 V. Attempts at... 2010
Alex Reinert Procedural Barriers to Civil Rights Litigation and the Illusory Promise of Equity 78 UMKC Law Review 931 (Summer, 2010) Law Review Articles and Other Secondary Sources   Civil rights litigation is, by many accounts, in a precarious state. One well-placed observer anticipates the demise of litigation pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. The Court's decision in Ashcroft v. Iqbal, has the potential to impose significant pleading barriers for most claims brought under civil... 2010
Bernadette Atuahene Property and Transitional Justice 58 UCLA Law Review Discourse 65 (2010) Law Review Articles and Other Secondary Sources   Transitional justice is the study of the mechanisms employed by communities, states, and the international community to promote social reconstruction by addressing the legacy of systematic human rights abuses and authoritarianism. The transitional justice literature discussing how states can address past civil and political rights violations... 2010
Bernadette Atuahene Property Rights & the Demands of Transformation 31 Michigan Journal of International Law 765 (Summer 2010) Law Review Articles and Other Secondary Sources   I. Introduction. 766 A. Literature Review. 769 B. Developing the Transformative Conception. 771 II. Past Property Theft Can Destabilize the Current State: The Case of Southern Africa. 773 A. The History of Property Theft in Southern Africa. 776 B. The Case for Land Reform in Southern Africa. 778 C. Beyond Southern Africa: A Global Perspective. 780... 2010
Timothy R. Robicheaux, Brian H. Bornstein , University of Nebraska-Lincoln Punished, Dead or Alive: Empirical Perspectives on Awarding Punitive Damages Against Deceased Defendants 16 Psychology, Public Policy, and Law 393 (November, 2010) Law Review Articles and Other Secondary Sources   Punitive damages are a tool for punishing defendants who engage in reckless and wanton behaviors that cause injury to others. As with criminal punishment, goals of punitive damages include retribution, specific deterrence, and general deterrence. Unlike criminal punishment, however, some courts allow punitive damages to follow the death of... 2010
George A. Martinez Race, American Law and the State of Nature 112 West Virginia Law Review 799 (Spring, 2010) Law Review Articles and Other Secondary Sources   L1-2Abstract L3799 I. Introduction. 800 II. State of Nature Theory: Hobbes and Spinoza. 802 A. Hobbes. 803 B. Spinoza. 805 III. Racial Minorities in the State of Nature. 806 A. African-Americans and the State of Nature. 806 B. Native Americans and the State of Nature. 811 C. Mexican-Americans and Lack of Constraint. 815 D. Immigration and Plenary... 2010
Martin D. Carcieri Rawls and Reparations 15 Michigan Journal of Race and Law 267 (Spring 2010) Law Review Articles and Other Secondary Sources   In the past two years, four related events have sharpened debates on race in the U.S.: President Obama's election, the nomination of Judge Sonia Sotomayor to the Supreme Court, that Court's ruling in Ricci v. DeStefano, and the arrest of Obama's friend, Harvard professor Henry Gates. The President has spoken of a teaching moment arising from... 2010
Margaret Chon Remembering and Repairing: the Error Before Us, in Our Presence 8 Seattle Journal for Social Justice 643 (Spring/Summer, 2010) Law Review Articles and Other Secondary Sources   All legal restrictions which curtail the civil rights of a single racial group are immediately suspect and must be rigidly scrutinized, though not all of them are necessarily unconstitutional. Purely legal approaches toward reparations suffer from theoretical limitations, which range from the technical requirements of framing successful claims to... 2010
  Reply to Astellas Pharma Us, Inc's Motion to Dismiss (6/21/2010) Trial Court Documents   Counsel Robert L. Baechtold, as well as all defending counsels, cite Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), arguing a heightened pleading requirements for Federal Civil... 2010
William A. Schabas Retroactive Application of the Genocide Convention 4 University of St. Thomas Journal of Law & Public Policy 36 (Spring, 2010) Law Review Articles and Other Secondary Sources   The Convention for the Prevention and Punishment of the Crime of Genocide was adopted on December 9, 1948, and entered into force on January 11, 1951. It defines the crime of genocide and sets out various norms governing its punishment, as well as establishing the jurisdiction of the International Court of Justice in the matter of disputes about... 2010
Naomi Cahn, Dina Haynes, Fionnuala Ní Aoláin Returning Home: Women in Post-conflict Societies 39 University of Baltimore Law Review 339 (Spring 2010) Law Review Articles and Other Secondary Sources   Societies that have just emerged from conflict face enormous pressures as they transition away from war. In the early days after formal hostilities have ceased, in countries ranging from the Congo to Bosnia, Liberia to East Timor, populations and infrastructures are in disarray. Not only have people been displaced from their homes, but typically... 2010
Chandra Lekha Sriram, University of East London School of Law, Email: C.Sriram@uel.ac.uk Ruth Rubio-marìn (Ed.). the Gender of Reparations. Unsettling Sexual Hierarchies While Redressing Human Rights Violations. Cambridge: Cambridge University Press, 2009. Pp. 416. $99. Isbn 9780521517928 21 European Journal of International Law 490 (May, 2010) Law Review Articles and Other Secondary Sources   Reparations are increasingly being offered, or at least recommended, in transitional justice processes, and the literature examining them has grown concomitantly. At the same time, practitioners of both peacebuilding and transitional justice have begun to recognize that the needs of women and girls have been dealt with inadequately. This volume,... 2010
Fatou Kiné Camara, PhD , Abdourahmane Seck, PhD Secularity and Freedom of Religion in Senegal: Between a Constitutional Rock and a Hard Reality 2010 Brigham Young University Law Review 859 (2010) Law Review Articles and Other Secondary Sources   The metaphor of the contrast between text and practice contained in the subtitle of this Article is first approached in our study from a strictly formal and legal angle--especially around critical cases. That task was undertaken by the jurist, Dr. Camara. Yet at a second level of study, historian-anthropologist Dr. Seck rekindles the discussion... 2010
Angela P. Harris Teaching the Tensions 54 Saint Louis University Law Journal 739 (Spring 2010) Law Review Articles and Other Secondary Sources   Aporia: a logical contradiction beyond rational resolution. Teaching, like any other human interaction, is only partly articulable in language. In every course there is the official curriculum, and then there is the unofficial curriculum. I don't mean the game of hiding the ball that so many law professors are accused of playing. I mean that... 2010
Ronald J. Krotoszynski, Jr. The Argot of Equality: on the Importance of Disentangling "Diversity" and "Remediation" as Justifications for Race-conscious Government Action 87 Washington University Law Review 907 (2010) Law Review Articles and Other Secondary Sources   The rules governing benign forms of race-conscious government action are easy to state but very difficult to apply in practice. A great deal of the difficulty arises from the lack of precision associated with the use of terms of art, such as diversity, remediation, and affirmative action. Each of these terms should have a concrete and... 2010
Joseph Lavitt The Crime of Conviction of John Choon Yoo: the Actual Criminality in the Olc During the Bush Administration 62 Maine Law Review 155 (2010) Law Review Articles and Other Secondary Sources   At the outset of the administration of President Barack Obama, there is intense debate about whether to prosecute members of the former administration of President George W. Bush. This Article first considers whether officers who were in command and control of the Executive Branch of the government of the United States during the Bush... 2010
Roy L. Brooks The Crisis of the Black Politician in the Age of Obama 53 Howard Law Journal 699 (Spring 2010) Law Review Articles and Other Secondary Sources   INTRODUCTION. 699 I. THE AMERICAN RACE PROBLEM TODAY. 703 A. Financial Capital Deficiencies. 704 B. Human Capital Deficiencies. 716 C. Social Capital Deficiencies. 721 II. CONCEPTUAL CLARIFICATIONS. 727 A. Slavery and Jim Crow. 727 B. Conservatives and Liberal Definitions. 731 III. THE NEW BLACK POLITICS. 734 A. Disaggregation. 735 B. Affirmative... 2010
John Torpey , Maxine Burkett The Debate over African American Reparations 6 Annual Review of Law and Social Science 449 (2010) Law Review Articles and Other Secondary Sources   racial inequality, redress, coming to terms with the past This article offers an overview of the debate over reparations for African Americans in the United States. We state the point in this way because there is little consensus about the cause of action for which reparations are sought, whether for slavery or segregation; for that matter, there... 2010
Barbara A. Schwabauer The Emmett till Unsolved Civil Rights Crime Act: the Cold Case of Racism in the Criminal Justice System 71 Ohio State Law Journal 653 (2010) Law Review Articles and Other Secondary Sources   A recent episode of the popular television show Cold Case depicted the 1964 murder of a northern, white, middle-class housewife by a Klansman-in-training, who wanted to stop her work with the Freedom Schools of Mississippi during the civil rights movement. True to the underlying premise of the show, the case went unsolved until more than forty... 2010
Gregory Scott Crespi The Endogeneity Problem in Cost-benefit Analysis 8 Georgetown Journal of Law and Public Policy 91 (Winter, 2010) Law Review Articles and Other Secondary Sources   Introduction. 92 I. The Endogenous Preferences Problem. 97 A. A General Introduction. 97 B. Prior Efforts to Address the Problem of Endogenous Preferences in Cost-Benefit Analysis. 101 1. The Becker Extended Utility Function Approach. 101 2. Other Commentary Regarding Incorporating Endogenous Preferences in Cost-Benefit Analysis. 104 (i) Cass... 2010
Antonio Raimundo The Filipino Veterans Equity Movement: a Case Study in Reparations Theory 98 California Law Review 575 (April, 2010) Law Review Articles and Other Secondary Sources   In February 2009, the United States enacted a law that provided $198 million in one-time direct individual payments and official service recognition to Filipino veterans who fought for the United States in the Pacific theater of World War II. Under the payment program, Filipino veterans with U.S. citizenship will receive $15,000, while non-U.S.... 2010
Emily A. Prifogle The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human Rights Violations Edited by Ruth Rubio-marín. Cambridge: Cambridge University Press, 2009. 402 Pp. $99.00 Hardback. 25 Berkeley Journal of Gender, Law & Justice 236 (Spring 2010) Law Review Articles and Other Secondary Sources   The new book, The Gender of Reparations: Unsettling Sexual Hierarchies While Redressing Human Rights Violations, edited by Ruth Rubio-Marín, is a powerful interdisciplinary exploration of gendered reparations in transitional countries. Through a gendered perspective, it not only dives deep into the human rights violations experienced by women, it... 2010
Tom Dannenbaum The International Criminal Court, Article 79, and Transitional Justice: the Case for an Independent Trust Fund for Victims 28 Wisconsin International Law Journal 234 (Summer 2010) Law Review Articles and Other Secondary Sources   In a groundbreaking development in the design of institutions of international criminal justice, the Rome Statute of the International Criminal Court (Rome Statute or the Statute) provided in 1998 for the creation of a fund to benefit victims of crimes within the jurisdiction of the Court - the aptly named Trust Fund for Victims (TFV, the... 2010
Alfred L. Brophy The Law and Morality of Building Renaming 52 South Texas Law Review 37 (Fall 2010) Law Review Articles and Other Secondary Sources   This essay responds to Thomas Russell's research on William Simkins and the dormitory named after him at the University of Texas--Austin campus. It places Simkins into the context of early twentieth-century thought and action in the Southwest and highlights some of the reasons why the University of Texas renamed Simkins Hall. It surveys the law... 2010
Juan Pablo Bohoslavsky , Veerle Opgenhaffen The past and Present of Corporate Complicity: Financing the Argentinean Dictatorship 23 Harvard Human Rights Journal 157 (Spring 2010) Law Review Articles and Other Secondary Sources   From 1976 to 1983, Argentina was ruled by a military dictatorship whose tactics included the widespread torture, murder, and enforced disappearance of thousands of people. Since the junta's fall, the country has taken steps to pursue justice for this period of mass repression. With the repeal of controversial amnesty laws in 2003, the dossier on... 2010
Naomi Murakawa, Katherine Beckett The Penology of Racial Innocence: the Erasure of Racism in the Study and Practice of Punishment 44 Law and Society Review 695 (September/December, 2010) Law Review Articles and Other Secondary Sources   In post--civil rights America, the ascendance of law-and-order politics and postracial ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is... 2010
Malcolm M. Feeley The Personal and the Professional: Assessing the Ambivalent Commitment to Racial Justice in the United States 44 Law and Society Review 503 (September/December, 2010) Law Review Articles and Other Secondary Sources   Rick Lempert and I are the same age. As white males observing, confronting, and contemplating racial injustices, we have had different but parallel experiences. Our initial experiences with racial discrimination took place when we were young in the late 1940s and early 1950s, prior to the advent of the modern civil rights movement. He confronted it... 2010
Seth Kotch, Robert P. Mosteller The Racial Justice Act and the Long Struggle with Race and the Death Penalty in North Carolina 88 North Carolina Law Review 2031 (September, 2010) Law Review Articles and Other Secondary Sources   In August 2009, the North Carolina General Assembly enacted the Racial Justice Act (RJA), which commands that no person shall be executed pursuant to any judgment that was sought or obtained on the basis of race. One of the most significant features of the RJA is its use of statistical evidence to determine whether the race of defendants or... 2010
Bert Demarsin The Third Time Is Not Always a Charm: the Troublesome Legacy of a Dutch Art Dealer--the Limitation and Act of State Defenses in Looted Art Cases 28 Cardozo Arts and Entertainment Law Journal 255 (2010) Law Review Articles and Other Secondary Sources   Introduction. 256 I. The Law Prior to von Saher. 259 A. From Adverse Possession to the Discovery Rule. 261 1. The Doctrines of Adverse Possession and Fraudulent Concealment. 261 2. The Emergence of the Discovery Rule. 264 3. The Proliferation of the Discovery Rule. 267 B. California's Complex Limitation Rules. 272 II. The Limitation Defense in von... 2010
Tsolik Kazandjian The War of Art, Not the Art of War: von Saher v. Norton Simon Museum of Art at Pasadena and the Continuing Fight to Retrieve Nazi-looted Art in California 43 Loyola of Los Angeles Law Review 1477 (Summer 2010) Law Review Articles and Other Secondary Sources   During World War II, the Nazi regime stole and confiscated almost all of the property of Holocaust victims fleeing their home countries to avoid persecution. In 2009, the Ninth Circuit held in Von Saher v. Norton Simon Museum of Art at Pasadena that a California statute allowing heirs of Nazi-looted art to sue museums and galleries in the state was... 2010
Annie Bird Third State Responsibility for Human Rights Violations 21 European Journal of International Law 883 (November, 2010) Law Review Articles and Other Secondary Sources   The International Law Commission's Draft Articles on State Responsibility attempt to transcend the bilateralist paradigm of international law by distinguishing between injured states and third states. Although not directly injured, the Draft Articles recognize that third states have a legal interest in compliance with peremptory norms' and... 2010
Kaimipono David Wenger Too Big to Remedy? Rethinking Mass Restitution for Slavery and Jim Crow 44 Loyola of Los Angeles Law Review 177 (Fall 2010) Law Review Articles and Other Secondary Sources   Slavery and Jim Crow inflicted horrific harms on Blacks in America. Official silence aggravated that harm, as neither victims nor their descendants received monetary restitution, nor even (until very recently) any official apology. Reparations advocates have repeatedly called for compensation to slave descendants. But how exactly does society... 2010
Steven R. Morrison Toward a History of American Criminal Law Theory© 32 University of La Verne Law Review 47 (November, 2010) Law Review Articles and Other Secondary Sources   It is said that the study of the theory of criminal law is a young endeavor. What is meant by this, as George Fletcher comments, is that only in the late eighteenth century did people begin to seriously debate and disagree about the purposes of inflicting punishment on those who transgressed communal norms. Elsewhere, Nicola Lacey notes that the... 2010
Arturo J. Carrillo , Jason S. Palmer Transnational Mass Claim Processes (Tmcps) in International Law and Practice 28 Berkeley Journal of International Law 343 (2010) Law Review Articles and Other Secondary Sources   Mass claims processes implicating transnational issues have traditionally been inter-state. The modern era of international mass claim processes, or IMCPs, began with the Iran-US Claims Tribunal in 1981 and reached an institutional milestone when the United Nations Compensation Commission (UNCC) was set up in 1991. With the exception of the... 2010
25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42