AuthorTitleCitationDocument TypeStatusSummaryYear
Laura E. Gómez Understanding Law and Race as Mutually Constitutive: an Invitation to Explore an Emerging Field 6 Annual Review of Law and Social Science 487 (2010) Law Review Articles and Other Secondary Sources   racial stratification, social construction of race, colonialism, ideology, social control, critical race theory, race and ethnic relations This article argues that law and race coconstruct each other. The idea that race is socially constructed has become widely accepted, and studies increasingly have explored law's role in shaping racial... 2010
  United States' Sentencing Memorandum Regarding Defendants Kahn, Hunter, True, and Tanguay (8/25/2010) Trial Court Documents   The United States of America, by and through undersigned counsel, hereby submits this memorandum regarding the sentencing of defendants Kahn, Hunter, True, and Tanguay, which is currently... 2010
Beverly Moran Wealth Redistribution and the Income Tax 53 Howard Law Journal 319 (Winter 2010) Law Review Articles and Other Secondary Sources   This section of the Howard Law Journal is devoted to the question of wealth redistribution. The section on wealth redistribution contains five views of the United States tax system. This article asks how the tax system can stand against increasing income and wealth inequality. Part I of this article presents evidence of the increasing trend towards... 2010
Ariel E. Dulitzky When Afro-descendants Became "Tribal Peoples": the Inter-american Human Rights System and Rural Black Communities 15 UCLA Journal of International Law and Foreign Affairs 29 (Spring 2010) Law Review Articles and Other Secondary Sources   The inter-American human rights system has established itself as a permanent and prominent actor in the discussion on the protection of indigenous and Afro-descendant collective territorial rights. It has done so by demonstrating receptivity to the territorial demands of indigenous and Afro-descendant peoples. The inter-American jurisprudence, in... 2010
Ralph Richard Banks , Richard Thompson Ford (How) Does Unconscious Bias Matter?: Law, Politics, and Racial Inequality 58 Emory Law Journal 1053 (2009) Law Review Articles and Other Secondary Sources   During the past several years, psychological research on unconscious racial bias has grabbed headlines, as well as the attention of legal scholars. The most well-known test of unconscious bias is the Implicit Association Test (IAT), a sophisticated and methodologically rigorous computer-administered measure that has been taken by millions of people... 2009
Carlton Waterhouse Abandon All Hope Ye That Enter? Equal Protection, Title Vi, and the Divine Comedy of Environmental Justice 20 Fordham Environmental Law Review 51 (Spring, 2009) Law Review Articles and Other Secondary Sources   Midway through life's journey and a few years hence, it came to me to inquire of the state of those I had encountered sometime before in the wood of error before I had sought to ascend to the mount of joy. At that time, I traveled the wood in the hope of aiding those attacked by the offspring of two great beasts. In days past, three beasts ruled... 2009
Michael Rothberg After Apartheid, Beyond Filiation: Witnessing and the Work of Justice 21 Law and Literature 275 (Summer, 2009) Law Review Articles and Other Secondary Sources   Abstract. Through consideration of Mark Sanders's book Ambiguities of Witnessing: Law and Literature in the Time of a Truth Commission, this review essay seeks to re-pose Theodor IV. Adorno's question, What does working through the past mean? Juxtaposing the post-Holocaust context in which Adorno was writing with the post-apartheid context of... 2009
Aziz Z. Huq Against National Security Exceptionalism 2009 Supreme Court Review 225 (2009) Law Review Articles and Other Secondary Sources   Terrorist attacks trigger novel policy responses. New policies selected by the federal executive after the 9/11 attacks strained against constitutionally permissible margins. Affected individuals lodged legal challenges to the new policies in federal court. Judges' responses ranged from self-abnegating denials of jurisdiction to unequivocal... 2009
Dekera Greene Ain't No Peace until We Get a Piece: Exploring the Justiciability and Potential Mechanisms of Reparations for American Blacks Through United States Law, Specific Modes of International Law, and the Covenant for the Elimination of All Forms of Racial Discr 5 Modern American 10 (Spring, 2009) Law Review Articles and Other Secondary Sources   In the beginning was the word And the word was Death And the word was nigger And the word was death to all niggers And the word was death to all life And the word was death to all peace be still . In the name of peace They waged the wars ain't they got no shame In the name of peace Lot's wife is now a product of the Morton company nah they ain't... 2009
  Amended Complaint (10/28/2009) Trial Court Documents   TOTAL DEMAND $2,000,000.00 1. This complaint spotlights United States Civil Rights; Civil Rights Acts, 1866 Through 1991 violations in the area of race/color/sex (gender)/age; the events... 2009
Amy Palmer An Evolutionary Analysis of Gender-based War Crimes and the Continued Tolerance of "Forced Marriage" 7 Northwestern Journal of International Human Rights 128 (Spring, 2009) Law Review Articles and Other Secondary Sources   I did not want to go; I was forced to go. They killed a lot of women who refused to go with them . When they capture young girls, you belong to the soldier who captured you. I was married to him, said Isatu, who was 15 years old at the time of her abduction. Broadly, forced marriage involves a female being married, against her will, to a... 2009
Kaimipono David Wenger Apology Lite: Truths, Doubts, and Reconciliations in the Senate's Guarded Apology for Slavery (Fall, 2009) Law Review Articles and Other Secondary Sources   The United States Senate formally apologized for slavery on June 18, 2009. This followed an apology made nearly a year earlier, on July 29, 2008, by the House of Representatives. Unlike the House apology, the Senate apology contains additional limiting language, specifically stating that it cannot be used as a ground for monetary compensation. The... 2009
  Appellant's Opening Brief (4/10/2009) Briefs   The Ninth Circuit Court of Appeals has jurisdiction over the appeal herein pursuant to 28 U.S.C. §158(d). The United States Bankruptcy Appellate Panel of the Ninth Circuit had jurisdiction... 2009
Carrie Menkel-Meadow Are There Systemic Ethics Issues in Dispute System Design? And What We Should [Not] Do about It: Lessons from International and Domestic Fronts 14 Harvard Negotiation Law Review 195 (Winter 2009) Law Review Articles and Other Secondary Sources   The process by which new fields of knowledge and practice are defined, developed, and demarcated from other fields has long been described by sociologists of the professions. As new competencies are created and studied, the progression from initial theorization, to the development of practice protocols, training and education, attempts at... 2009
  Bibliography 10 Rutgers Race & the Law Review 583 (2009) Law Review Articles and Other Secondary Sources   1. Race and the Law in Society 1.0 General Margalynne J. Armstrong & Stephanie M. Wildman, Teaching Race/Teaching Whiteness: Transforming Colorblindness to Color Insight, 86 N.C. L. Rev. 635 (2008). Professor Robert Ashford, Empowering People with the Right to Acquire Capital with the Earnings of Capital: A Binary Approach to the Economic... 2009
  Braxton v. U.s. Not Reported in F.Supp.2d, United States District Court, District of Columbia. (6/4/2009) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the Court upon consideration of Plaintiff's application to proceed in forma pauperis and his pro se complaint. The application will be granted, and the complaint will be dismissed. Plaintiff is an inmate who currently is incarcerated at the Clayton County Prison in Lovejoy, Georgia. He alleges that he is . being held in... 2009
  Brief of Amici Curiae Asian American Justice Center, the National Coalition for Asian Pacific American Community Development, Inc., Organization of Chinese Americans, Inc., Asian Law Caucus, Asian American Institute, Asian and Pacific Islander Americ an H (1/29/2009) Briefs   FN1. The parties have consented to the filing of this brief. Blanket consents of the parties to the filing of amicus curiae briefs are on file with the Office of the Clerk of this Court. No... 2009
  Brief of Amicus Curiae the Claremont Institute Center for Constitutional Jurisprudence in Support of Petitioners (2/26/2009) Briefs   FN1. The Claremont Institute Center for Constitutional Jurisprudence files this brief with the consent of all parties. The letters granting consent have been filed previously. Counsel for a... 2009
  Brief of Appellant (5/27/2009) Briefs   (x) Check here if no basis for Supreme Court Jurisdiction is being asserted, or check below all applicable grounds on which Supreme Court Jurisdiction is asserted. (1) _ Construction of... 2009
  Brief of Appellant (10/30/2009) Briefs   1. Has Smith stated a claim upon which relief can be granted where he seeks government restoration of his Constitutional freedom after he has completely served his sentence to the... 2009
  Brief of Defendant-appellee Governor of the State of Wisconsin (12/1/2009) Briefs   The Court applies a de novo standard of review to a district court's grant of a motion to dismiss for failure to state a claim under Rule 12(b)(6). Olson v. Wexford Clearing Servs. Corp.,... 2009
  Brief of the Social Justice Advocacy Group as Amicus Curiae in Support of Petitioners (10/16/2009) Briefs   FN1. Pursuant to this Court's Rule 37.6, amici curiae affirm that no counsel for any party has authored this brief in whole or in part, that no such counsel or party made a monetary... 2009
  Campbell v. Barclays Bank Plc 24 Misc.3d 1210(A), Supreme Court, Kings County, New York. (7/2/2009) Cases As of January 6, 2020 case has not been reversed or overruled. Pro se plaintiff CLIVE CAMPBELL (CAMPBELL) claims that defendant BARCLAYS BANK PLC (BARCLAYS) purchased naming rights for a proposed indoor arena to be named the Barclays Center from defendant THE NEW JERSEY NETS (NJ NETS), and that the Barclays Center is to be built, as the centerpiece of the Atlantic Yards development project, by defendant... 2009
  Campbell v. Barclays Bank Plc 24 Misc.3d 1210(A) (7/2/2009) Trial Court Orders   Pro se plaintiff CLIVE CAMPBELL (CAMPBELL) claims that defendant BARCLAYS BANK PLC (BARCLAYS) purchased naming rights for a proposed indoor arena to be named the Barclays Center from... 2009
Adjoa Artis Aiyetoro Can We Talk? How Triggers for Unconscious Racism Strengthen the Importance of Dialogue 22 National Black Law Journal L.J. 1 (Fall, 2009) Law Review Articles and Other Secondary Sources   The recent arrest of Henry Louis Gates, Jr. illustrates the need to heal the racial divide in the United States. This Article expands on the scholarship of unconscious racism by exploring a trigger that up to this point scholars have only alluded to, the language of race: language that suggests that the persons about whom the speaker is speaking... 2009
Maxine Burkett Climate Reparations 10 Melbourne Journal of International Law 509 (October, 2009) Law Review Articles and Other Secondary Sources   The impacts of climate change are experienced unevenly, with the most vulnerable -- the climate vulnerable -- set to suffer first and worst. These impacts demonstrate a grand irony: those who suffer most acutely are also those who are least responsible for the crisis to date. That irony introduces a great ethical dilemma, one that our systems of... 2009
  Comer v. Murphy Oil Usa 585 F.3d 855, United States Court of Appeals, Fifth Circuit. (10/16/2009) Cases As of January 6, 2020 case has been reversed or overruled. TORTS - Parties. Landowners had Article III standing to bring nuisance, trespass and negligence claims related to greenhouse gasses. 2009
Benjamin Davis Commemorating 1808: Examining the Legacies of the Federal Prohibition of Slave Importation 40 University of Toledo Law Review 655 (Spring 2009) Law Review Articles and Other Secondary Sources   Editor's Note: The following introduction, essay, and two articles are related to a conference held at The University of Toledo College of Law last fall to commemorate the 200th anniversary of the federal law banning slave importation. To the law review's surprise, the 200th anniversary of this important historic event was not receiving much... 2009
Rhonda V. Magee Competing Narratives, Competing Jurisprudences: Are Law Schools Racist? And the Case for an Integral Critical Approach to Thinking, Talking, Writing, and Teaching about Race 43 University of San Francisco Law Review 777 (Spring 2009) Law Review Articles and Other Secondary Sources   SINCE YOU ARE READING THESE words --the second in a series of essays written by me and printed by this Law Review, the sixth in a series of articles including writings from the two other law professors in this colloquy--you deserve to know that as I write this by hand, and only minutes after getting out of bed, I have not properly composed myself.... 2009
Lateef Mtima Copyright Social Utility and Social Justice Interdependence: a Paradigm for Intellectual Property Empowerment and Digital Entrepreneurship 112 West Virginia Law Review 97 (Fall, 2009) Law Review Articles and Other Secondary Sources   L1-2Abstract . R398. L1-2Introduction . R399. Analytical Schema. 100 Part I. Achieving the Social Utility Mandate of the Copyright Law. 102 A. Copyright Protection as a Social Engineering Tool. 102 B. Preserving Copyright Social Utility in the Courts: The Fair Use Doctrine. 105 C. Fair Use and Unauthorized Digital Use of Copyrighted Material. 109... 2009
Mark Schultz, Alec van Gelder Creative Development: Helping Poor Countries by Building Creative Industries 97 Kentucky Law Journal 79 (2008-2009) Law Review Articles and Other Secondary Sources   Africa's popular musicians are crying out for help, often quite literally. In recent years, they have taken to the streets seeking redress for the failures of their countries' legal systems to support creative activity effectively. The news brings reports of African musicians resorting to noisy street protests and personal confrontations with... 2009
Deleso Alford Washington Critical Race Feminist Bioethics: Telling Stories in Law School and Medical School in Pursuit of "Cultural Competency" 72 Albany Law Review 961 (2009) Law Review Articles and Other Secondary Sources   I know Sisters. I know Sisters who lived lives full enough to be stories- Her-stories untold, Carried through the heartbeat of mother's wit . . . all the time being othered by legal fictions that turn humans to chattel property; Allowing her and her-story to be created, bought and sold. I know Sisters. Sister Anarcha got a story for all to... 2009
Bekah Mandell Cultivating Race: How the Science and Technology of Agriculture Preserves Race in the Global Economy 72 Albany Law Review 939 (2009) Law Review Articles and Other Secondary Sources   In 2008, nearly one-sixth of the world's population went hungry. The vast majority of the world's hungry live in the developing world; only a fraction of the under-fed are residents of the global North. The burden of hunger falls disproportionately on the world's people of color who make up the majority of the population of the global south. This... 2009
Deborah W. Post Cultural Inversion and the One-drop Rule: an Essay on Biology, Racial Classification, and the Rhetoric of Racial Transcendence 72 Albany Law Review 909 (2009) Law Review Articles and Other Secondary Sources   The great paradox in contemporary race politics is exemplified in the narrative constructed by and about President Barack Obama. This narrative is all about race even as it makes various claims about the diminished significance of race: the prospect of racial healing, the ability of a new generation of Americans to transcend race or to choose their... 2009
  Defendant Banks' Memorandum of Law in Support of Their Motion to Dismiss the Amended Complaint for Failure to State a Claim upon Which Relief Can Be Granted (6/4/2009) Trial Court Documents   Norddeutsche Landesbank Girozentrale, HSH Nordbank AG, West LB AG, Landesbank Hessen-Thüringen Girozentrale (Helaba), and LBBW Landesbank Baden-Württemberg (hereinafter Defendant Banks),... 2009
  Defendants Hsin and Thomason's Reply in Support of Their Rule 12(f) Motion to Strike (7/15/2009) Trial Court Documents   First and foremost, in its June 24, 2009 Order, in response to a motion seeking leave to file up to five Motions for Summary Judgment, the Court ruled that each Defendant could file their... 2009
  Defendant's Memorandum in Opposition to Motion to Remand (10/30/2009) Trial Court Documents   This lawsuit was filed against Alcoa Inc. (Alcoa) in the Court of Common Pleas of Allegheny County, Pennsylvania on June 5, 2009, in the action Cameron B. Auxer et al. v. Alcoa Inc., Case... 2009
Francis E. McGovern Dispute System Design: the United Nations Compensation Commission 14 Harvard Negotiation Law Review 171 (Winter 2009) Law Review Articles and Other Secondary Sources   The Security Council of the United Nations established the United Nations Compensation Commission (UNCC) with its Resolution 687 on April 3, 1991. It was the first compensation system established under the authority of Chapter VII of the U.N. Charter and was designed to process and pay claims arising from the Iraqi invasion of Kuwait in 1990.... 2009
Mario L. Barnes, Angela Nicole Brown Editors' Note Redux 11 Berkeley Journal of African-American Law & Policy Pol'y 1 (2009) Law Review Articles and Other Secondary Sources   The above phrase--split by the ellipsis--appeared on the front and back of the first t-shirt created by the African-American Law and Policy Report (ALPR or the Report), now known as the Berkeley Journal of African-American Law and Policy (BJALP or the Journal). On one level, the phrase was intended as a clever spin on the then popular... 2009
Derrick Darby Educational Inequality and the Science of Diversity in Grutter: a Lesson for the Reparations Debate in the Age of Obama 57 University of Kansas Law Review 755 (May, 2009) Law Review Articles and Other Secondary Sources   Courts know today that statutes are to be viewed, not in isolation or in vacuo, as pronouncements of abstract principles for the guidance of an ideal community, but in the setting and the framework of present-day conditions, as revealed by the labors of economists and students of the social sciences in our own country and abroad. More than five... 2009
  Eeoc Sues Accurate Insulation for Sexual Harassment, Race Discrimination and Retaliation (4/1/2009) Administrative Decisions & Guidance     2009
Phyllis E. Bernard Eliminationist Discourse in a Conflicted Society: Lessons for America from Africa? 93 Marquette Law Review 173 (Fall 2009) Law Review Articles and Other Secondary Sources   For generations, Western society has taken pride in welcoming all types of discourse in the press, radio, or television; the livelier, the better. Outrage often awaits individuals or institutions suggesting that some passionate rhetoric in the public square invites danger that outweighs the theoretical value of free expression. This Article does... 2009
Mary L. Heen Ending Jim Crow Life Insurance Rates 4 Northwestern Journal of Law & Social Policy 360 (Fall, 2009) Law Review Articles and Other Secondary Sources   How people count and measure embodies certain assumptions about the thing they are counting; this was true in the nineteenth century, and it is equally true today. [E]ver since the 1880's, Negroes have been subject to differential treatment by white insurance companies in that some of them, at that time, started to apply higher premium schedules... 2009
Citadelle B. Priagula Examining Race-conscious Remediation Through the Pilipino/a American Experience 15 Asian Pacific American Law Journal 135 (Fall/Spring 2009-) Law Review Articles and Other Secondary Sources   Legal examination of Asian American experiences has proliferated since the 1960s, when Asian Pacific Islander (API) communities flourished after the Immigration Act of 1965 invalidated restrictive quotas on immigration from Asian countries. The subsequent population surge provided the critical mass necessary for API groups to assert their rights... 2009
Eboni S. Nelson Examining the Costs of Diversity 63 University of Miami Law Review 577 (January, 2009) Law Review Articles and Other Secondary Sources   Although the Supreme Court struck down the voluntary race-based student-assignment plans employed in Parents Involved in Community Schools v. Seattle School District No.1 and Meredith v. Jefferson County Board of Education as violative of the Equal Protection Clause, many school officials will seek refuge in Justice Kennedy's concurrence and... 2009
Carlton Waterhouse Follow the Yellow Brick Road: Perusing the Path to Constitutionally Permissible Reparations for Slavery and Jim Crow Era Governmental Discrimination 62 Rutgers Law Review 163 (Fall 2009) Law Review Articles and Other Secondary Sources   A growing body of scholarship has developed around the issue of reparations for the Holocaust, slavery, and other social injustices. Numerous articles have proposed reparations programs for America's legacy of race based slavery and segregation, but the constitutionality of those programs has largely been ignored in the literature. Instead, most... 2009
Mark A. Bunbury, Jr. Forty Acres and a Mule . . . Not Quite Yet: Section 14012 of the Food, Conservation, and Energy Act of 2008 Fails Black Farmers 87 North Carolina Law Review 1230 (May, 2009) Law Review Articles and Other Secondary Sources   Timothy Pigford's family has been farming in eastern North Carolina for four generations; his sons were supposed to be the fifth. More than 130 years ago, Pigford's great-great-grandfather was a Columbus County plantation slave who took his master's surname and decided to begin life as a farmer. However, Timothy Pigford's generation will likely be... 2009
Julie A. Nice Forty Years of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights 4 Northwestern Journal of Law & Social Policy Pol'y 1 (Winter, 2009) Law Review Articles and Other Secondary Sources   Forty years ago, the tide turned against the War on Poverty, and poor people have never recovered. Many factors contributed to the demise of that historic effort to eliminate poverty. The urgent need to understand these factors has increased today as the nation appears to be facing an economic crisis of historic proportion. Surely one of the most... 2009
  Fourth Amended Complaint for Violation of Unlawful Competition Law California Business & Professions Code Section 17200 et Seq. (10/2/2009) Trial Court Documents   FN1. Plaintiffs originally filed Hurdle v. FleetBoston, et al. on 9/22/2002 in the Superior Court for San Francisco, Civil No. 41288, alleging violations of California Bus. & Prof. Code... 2009
Kirsty Gover Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance in the United States 33 American Indian Law Review 243 (2008-2009) Law Review Articles and Other Secondary Sources   Tribal membership rules constitute the self that is to self-govern, by defining the class of persons entitled to share in tribal resources and participate in tribal politics. Increasingly, tribal membership rules also define the class of persons who are the ultimate beneficiaries of United States federal Indian policy. In the modern era of... 2009
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43