AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
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  
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  
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  
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  
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  
  Memorandum of Law in Corporation's Motion to Dismiss the Amended Complaint (11/18/2013) Trial Court Documents     2013  
  Memorandum of Law in Opposition to Genzyme Corporation's Motion to Dismiss the Amended Complaint (11/15/2013) Trial Court Documents     2013  
  Memorandum of Law in Support of Plaintiffs' Cross-motion to Consolidate and Appoint Interim Class Counsel (3/18/2013) Trial Court Documents   FN1. Each group has a total of four named plaintiffs. On August 24, 2012, Robert Durso v. Samsung Electronics America, Inc., was filed in the United States District Court for the District... 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  
  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  
  Chief Counsel Advisory IRS CCA 201211022 (3/16/2012) Administrative Decisions & Guidance     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  
  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  
  Petition for Writ of Certiorari (6/19/2012) Briefs   There is a wrong, but is there a remedy in law? Judge Freda Wolfson was removed from this case, by Justice Brown, by an ex parte secret request of Bayer, aka I.G. Farben, by Bayer's... 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  
  Davis v. U.s. Not Reported in F.Supp.2d, United States District Court, N.D. California, San Francisco Division. (5/21/2012) Cases As of January 6, 2020 case has not been reversed or overruled. Plaintiff Jimmy Lee Davis moves to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. Dkt. No. 3. As this Court does not have the authority to make a dispositive ruling in this case because the parties have not consented to its jurisdiction under 28 U.S.C. § 636(c), the Court orders that this case be REASSIGNED to a District Judge. The Court... 2012  
  Davis v. U.s. Not Reported in F.Supp.2d, United States District Court, N.D. California. (7/12/2012) Cases As of January 6, 2020 case has not been reversed or overruled. The Court has reviewed Pro Se Plaintiff Jimmy Lee Davis's Complaint, Dkt. No. 1, Plaintiff's Motion for Leave to Proceed in Forma Pauperis, Dkt. No. 3, and Magistrate Judge Nathanael Cousins' Referral With Recommendation to Dismiss Complaint With Prejudice, Dkt. No. 5, to which no party filed an objection. Judge Cousins recommends that Plaintiff's... 2012  
  Greene v. U.s. Dept. Of Educ. Not Reported in F.Supp.2d, United States District Court, N.D. Indiana, Hammond Division. (9/26/2012) Cases As of January 6, 2020 case has not been reversed or overruled. This is an action filed by Frederick Vaughn Greene, Plaintiff, against the U.S. Department of Education, Defendant. Plaintiff claims that he was prevented from rehabilitating or deferring his student loan and that the government has violated his rights under the Thirteenth, Fourteenth, and Fifteenth Amendments. (Pl.'s Compl. at 1.) Plaintiff also... 2012  
  Hamilton v. U.s. Not Reported in F.Supp.2d, United States District Court, E.D. Texas, Beaumont Division. (2/9/2012) Cases As of January 6, 2020 case has not been reversed or overruled. The District Court referred this civil action to the undersigned United States Magistrate Judge, at Beaumont, Texas, for determination of non-dispositive pretrial matters and the entry of findings of fact and recommended disposition on case-dispositive matters pursuant to 28 U.S.C. § 636 and the Local Rules for the United States District Court... 2012  
  Hawk-bey v. U.s. 477 Fed.Appx. 864, United States Court of Appeals, Third Circuit. (4/20/2012) Cases As of January 6, 2020 case has not been reversed or overruled. GOVERNMENT - Jurisdiction. Action against United States presented nonjusticiable political questions. 2012  
  Petro-hunt, L.l.c. v. U.s. 105 Fed.Cl. 37, United States Court of Federal Claims. (5/2/2012) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. GOVERNMENT - United States. Statute barring Court of Federal Claims' jurisdiction over same claim pending in another court does not violate equal protection. 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  
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  
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  
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