AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Kenneth Einar Himma Toward a Lockean Moral Justification of Legal Protection of Intellectual Property 49 San Diego Law Review 1105 (November-December 2012) Law Review Articles and Other Secondary Sources   I. Introduction. 1106 II. Two Approaches to General Moral Theorizing. 1109 A. Consequentialist Theories. 1110 B. Deontological Theories. 1111 C. Special Difficulties in Supporting Consequentialist and Deontological Arguments Regarding Intellectual Property Rights. 1114 D. Consequentialism, Deontology, and the U.S. Constitution. 1118 III. Two Moral... 2012  
John Tehranian Towards a Critical Ip Theory: Copyright, Consecration, and Control 2012 Brigham Young University Law Review 1237 (2012) Law Review Articles and Other Secondary Sources   All animals are equal, but some animals are more equal than others. -- George Orwell, Animal Farm Intellectual-property jurisprudence increasingly informs the way in which social order is maintained in the twenty-first century. By regulating cultural production and patrolling the dissemination of knowledge, copyright law mediates the exercise of... 2012  
Leora Bilsky Transnational Holocaust Litigation 23 European Journal of International Law 349 (May, 2012) Law Review Articles and Other Secondary Sources   International adjudication of the Holocaust has played a defining role in the development of international criminal law. Its legacy has recently been challenged by the Holocaust restitution actions brought before American courts in the 1990s. Settled for unprecedented amounts, the litigation has been sharply criticized by legal scholars and... 2012  
Hun Joon Kim Trial and Error in Transitional Justice: Learning from South Korea's Truth Commissions 19 Buffalo Human Rights Law Review 125 (2012) Law Review Articles and Other Secondary Sources   Modern South Korean history has been marked by momentous social and political upheavals: Japanese colonialism (1910-1945); the U.S. military occupation (1945-1948); sundry insurgencies, riots, and uprisings (1946-1948); the war with Communist North Korea (1950-1953); the patriarchal dictatorship of Syngman Rhee (1948-1960); a short-lived democracy... 2012  
Robert I. Correales Unfinished Business: a Discussion of Remedies for Victims of Involuntary Dismissal under Don't Ask, Don't Tell and its Predecessor, Toward a True Reconciliation 22 Southern California Review of Law & Social Justice Just. 1 (Fall 2012) Law Review Articles and Other Secondary Sources   The recent decision by Congress and the Obama administration to end Don't Ask, Don't Tell (DADT) in the United States Military was celebrated not only within the gay and lesbian community, but also throughout much of American society. While the decision to overturn DADT represents a significant step forward in the struggle for equality, the... 2012  
David Lyons Violence and Political Incivility 63 Mercer Law Review 835 (Spring 2012) Law Review Articles and Other Secondary Sources   The charge to our panel refers to the deterioration of the political conversation, to deep . . . divisions in society, and to recent violence-especially the tragic events in Tuscon. It asks us to identify the virtues required for our common life as citizens in a democracy and for civil democratic conversation. I shall offer observations and... 2012  
Douglas A. Kysar What Climate Change Can Do about Tort Law 42 Environmental Law Reporter News & Analysis 10739 (August, 2012) Law Review Articles and Other Secondary Sources   Climate change is coming to the common law. Plaintiffs in several cases are pressing tort claims against carefully composed groups of greenhouse gas emitting defendants, seeking monetary damages and injunctive relief to lessen the threat and financial burden of climate change's harmful impacts. Accordingly, the question of whether greenhouse gas... 2012  
Lateef Mtima What's Mine Is Mine but What's Yours Is Ours: Ip Imperialism, the Right of Publicity, and Intellectual Property Social Justice in the Digital Information Age 15 SMU Science and Technology Law Review 323 (Fall 2012) Law Review Articles and Other Secondary Sources   THAT the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth,... 2012  
Lateef Mtima What's Mine Is Mine but What's Yours Is Ours: Ip Imperialism, the Right of Publicity, and Intellectual Property Social Justice in the Digital Information Age 2 Arizona State Sports & Entertainment Law Journal 35 (Spring, 2012) Law Review Articles and Other Secondary Sources   That the individual shall have full protection in person and in property is a principle as old as the common law; but it has been found necessary from time to time to define anew the exact nature and extent of such protection. Political, social, and economic changes entail the recognition of new rights, and the common law, in its eternal youth,... 2012  
Talibah-mawusi Smith When the Well Runs Dry, Dig Deeper: the Case for Funding the Public Library, a Necessary Resource for Minorities 22 Berkeley La Raza Law Journal 137 (2012) Law Review Articles and Other Secondary Sources   A reduction in government funding for public libraries means more than just fewer resources and shorter operating hours; a reduction means a less empowered class of U.S. citizens. When the public's ability to progress is hampered by its government, a weaker system is created; a house is only as strong and sure as its foundation. This essay covers... 2012  
  Defendant Tv One Llc's Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Preliminary Injunction (12/6/2012) Trial Court Documents   Plaintiffs' Motion centers on the alleged copyright infringement of Plaintiffs' recently copyrighted intellectual property. Plaintiffs allege that for approximately thirteen years, they... 2012  
  Defendant Tv One, Llc's Reply in Support of Renewed Motion to Dismiss or to Strike the Complaint (12/13/2012) Trial Court Documents   FN1. Plaintiffs devote almost four pages to a discussion of the low bar set by Federal Rule of Civil Procedure 8 at the Rule 12 motion stage. Opp. at 1-4. Despite this low burden, however,... 2012  
  Government's Response to Defendant's Motion to Vacate Judgment of Conviction and Sentence (7/16/2012) Trial Court Documents   (1) government witness, Arnold Smith, allegedly lied under oath; (2) counsel was ineffective for not subpoenaing notary records from SCI-Pittsburgh, and for not securing a speedy trial as... 2012  
  Memorandum of Law in Support of the Motion of Defendant Rail Cargo Hungaria Zrt. To Dismiss the Complaint (10/30/2012) Trial Court Documents   FN1. See the motion of RCH's sovereign co-defendants on this issue, which RCH hereby joins in and adopts. FN2. The Kiobel decision may also impact the defendants' FNC motion. FN3. RCH... 2012  
  Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Tv One, Llc's Renewed Motion to Dismiss or to Strike the Complaint (12/6/2012) Trial Court Documents   Plaintiffs GOODNESS FILMS, LLC, (Goodness Films), HERBERT HUDSON (Herb Hudson), PAUL GOLDSBY, and KENNEDY GOLDSBY (collectively, Plaintiffs), hereby submit the following Memorandum of... 2012  
  Plaintiffs' Reply to Defendant Tv One, Llc's Opposition to Motion for Preliminary Injunction (12/13/2012) Trial Court Documents   Plaintiffs GOODNESS FILMS, LLC, HERBERT HUDSON, PAUL GOLDSBY, and KENNEDY GOLDSBY (collectively, Plaintiffs) hereby submit their Reply to Defendant TV One, LLC's Opposition to Plaintiffs'... 2012  
  Plaintiffs Response to (2739) Defendant Murphy Oil Usa, Inc.'S Motion for Summary Judgment Based on Lack of Subject Matter Jurisdiction, Preemption and Related Doctrines (2/7/2012) Trial Court Documents   Defendants' Statement of Facts (hereinafter DSOF) suffers from countless flaws and mischaracterizations. All offending sections should be disregarded. 1. Disputed in part. It is... 2012  
  Brief of Appellants (2/15/2011) Briefs   Oral argument will help decide this appeal, which addresses a recurrent issue of importance to correctional facilities nationwide: what restrictions are permitted on inmate access to... 2011  
  Hand v. Houk Not Reported in F.Supp.2d, United States District Court, S.D. Ohio, Eastern Division. (4/25/2011) Cases As of January 6, 2020 case has not been reversed or overruled. This is a habeas corpus action brought by Petitioner Gerald Hand pursuant to 28 U.S.C. § 2254 and seeking relief from both his conviction for aggravated murder with death specifications and his resulting death sentence. Mr. Hand is represented in this proceeding by appointed counsel who did not represent him in any direct appeal proceedings. The... 2011  
  Muhammed-el v. U.s. Not Reported in F.Supp.2d, United States District Court, District of Columbia. (11/1/2011) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the Court on plaintiff's application to proceed in forma pauperis and his pro se complaint. The Court will grant the application and dismiss the complaint. Plaintiff describes himself as a Moorish American National, and objects to his characterization as Negro, Black, AfroAmerican, Colored, and African American. Compl. at... 2011  
  Pieczenik v. Abbott Laboratories Not Reported in F.Supp.2d, United States District Court, D. New Jersey. (3/23/2011) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. Plaintiff George Pieczenik (Plaintiff), proceeding pro se, brings this action against a number of defendants alleging patent infringement and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq. Presently before the Court is a joint motion by all defendants to dismiss... 2011  
  Expert Report on Behalf of the United States of Eric Rauchway (2/25/2011) Expert Materials   1.1 Brief history of the economic crisis . 1 1.2 A note on the values of money . 3 2.1 It is my opinion, and that of both contemporary and historical observers, that the banking crisis of... 2011  
Glenn Adams , Phia S. Salter A Critical Race Psychology Is Not Yet Born 43 Connecticut Law Review 1355 (July, 2011) Law Review Articles and Other Secondary Sources   Critical Race Theory (CRT) challenges scholars to reveal and dismantle disciplinary conventions that constitute racial power. In this Article, we take up this challenge and consider the potential for a Critical Race Psychology. Although CRT-compatible work has drawn upon psychological scientific research to challenge disciplinary conventions in... 2011  
Ifeolu Hassan Affirmative Action and the Master Narrative 3 Georgetown Journal of Law & Modern Critical Race Perspectives 103 (Spring, 2011) Law Review Articles and Other Secondary Sources   In 2004, Professors Lani Guinier and Henry Louis Gates raised a pressing issue at the Harvard University Black alumni reunion: the underrepresentation of Black natives and overrepresentation of Black immigrants in America's selective institutions of higher learning. At the time, about two-thirds of Harvard's undergraduate Black students were... 2011  
Kevin R. Johnson An Essay on the Nomination and Confirmation of the First Latina Justice on the U.s. Supreme Court: the Assimilation Demand at Work 30 Chicana/o-Latina/o Law Review 97 (2011) Law Review Articles and Other Secondary Sources   Introduction. 98 I. Thurgood Marshall's Appointment to the Supreme Court: Confirmation as a Test of Assimilation. 107 A. The Judicial Activist Charge. 110 B. The Anti-White Presumption. 111 C. Affiliation with the National Association for the Advancement of Colored People. 112 II. Sandra Day O'Connor's Appointment: Senate Confirmation as... 2011  
Armen H. Merjian An Unbroken Chain of Injustice: the Dawes Act, Native American Trusts, and Cobell v. Salazar 46 Gonzaga Law Review 609 (2010-2011) Law Review Articles and Other Secondary Sources   I. Introduction. 610 II. The Dawes Act: Late Nineteenth Century Ethnic Cleansing. 613 III. Cobell v. Salazar: Injustice Compounded by Injustice. 619 A. Bleak House Revisited. 623 B. The Phase I Trial. 627 C. Intransigence and Delay. 630 D. Contempt Number Two. 633 E. The Phase 1.5 Trial. 636 F. A Scandal on Navajo Land. 637 G. Congress' Last-Minute... 2011  
Michal Alberstein , Nadav Davidovitch Apologies in the Healthcare System: from Clinical Medicine to Public Health 74 Law and Contemporary Problems 151 (Summer 2011) Law Review Articles and Other Secondary Sources   In recent years, both formal and informal initiatives have promoted the inclusion of apologies in medical education and clinical practices. Many countries have even regulated medical apologies through law. Although there has been much discussion of the potential for apology to promote efficiency and the conditions for a successful apology, the... 2011  
Jeffery M. Brown Benevolent Assistance or Bureaucratic Burden?: Promoting Effective Haitian Reconstruction, Self-governance, and Human Rights under the Right to Development 6 Intercultural Human Rights Law Review 209 (2011) Law Review Articles and Other Secondary Sources   This Article examines the capacity of regional organizations to coordinate foreign assistance and development programs in underdeveloped states, and in doing so, to promote the transformation of the Right to Development (RTD) - which stresses the right of nations and their people to progress in a manner that insures their ability to meet basic... 2011  
John O. Haley Beyond Retribution: an Integrated Approach to Restorative Justice 36 Washington University Journal of Law & Policy Pol'y 1 (2011) Law Review Articles and Other Secondary Sources   Restorative Justice, as indicated in the papers in this symposium issue of the Journal, is most commonly used as a label for victim-offender mediation and related approaches that focus on offender accountability to the victims of their crimes. Although not the first, the Victim-Offender Reconciliation Programs (VORP) were the most influential and... 2011  
Lieutenant Colonel John N. Ohlweiler Building the Airplane While in Flight: International and Military Law Challenges in Operation Unified Response 2011-JAN Army Lawyer Law. 9 (January, 2011) Law Review Articles and Other Secondary Sources   We are just now beginning to learn the extent of the devastation, but the reports and images that we've seen of collapsed hospitals, crumbled homes, and men and women carrying their injured neighbors through the streets are truly heart-wrenching .. I have directed my administration to respond with a swift, coordinated, and aggressive effort to save... 2011  
Douglas L. Colbert Clinical Professors' Professional Responsibility: Preparing Law Students to Embrace Pro Bono 18 Georgetown Journal on Poverty Law and Policy 309 (Symposium 2011) Law Review Articles and Other Secondary Sources   The newly admitted twenty-first century lawyer faces a choice. As a member of a profession that claims a special responsibility for the quality of justice, will she provide pro bono service to the people who cannot afford legal representation? Or will she join colleagues who focus on the retained, paying client, and spend little or no time... 2011  
Susan K. Serrano Collective Memory and the Persistence of Injustice: from Hawai'i's Plantations to Congress--puerto Ricans' Claims to Membership in the Polity 20 Southern California Review of Law & Social Justice 353 (Summer 2011) Law Review Articles and Other Secondary Sources   At the dawn of the twentieth century--after the United States' successful takeover of Puerto Rico, Hawaii, the Philippines, and Guam--burgeoning American agribusiness sought to control immigrant workers from around the world. In particular, it targeted recalcitrant Puerto Ricans organizing mass resistance to oppressive working and living... 2011  
Gregory Scott Crespi Cost-benefit Analysis: Not a Suitable Approach for Evaluating Climate Regulation Policies 2 Washington and Lee Journal of Energy, Climate, and the Environment 227 (Summer, 2011) Law Review Articles and Other Secondary Sources   Cost-benefit analysis is a widely used approach for guiding public sector policy decisions. Given the impetus provided by strong evidence of global warming, numerous scholars are now considering the role that cost-benefit analysis should play, if any, in assessing climate regulation policies, and are offering recommendations as to how this... 2011  
Eric K. Yamamoto , Sara D. Ayabe Courts in the "Age of Reconciliation": Office of Hawaiian Affairs v. Hcdch 33 University of Hawaii Law Review 503 (Summer, 2011) Law Review Articles and Other Secondary Sources   To heal the persisting wounds of historic injustice, governments, communities, and civil and human rights groups throughout the world are shaping redress initiatives around some form of reconciliation. Many of the initiatives are salutary. All are fraught with challenges. In Asia, Japan reluctantly faces continuing demands from victims of its World... 2011  
Devon W. Carbado Critical What What? 43 Connecticut Law Review 1593 (July, 2011) Law Review Articles and Other Secondary Sources   More than twenty years after the establishment of Critical Race Theory (CRT) as a self-consciously defined intellectual movement, defining oneself as a Critical Race Theorist can still engender the question: critical what what? When asked, the inquiry is not just about the appellation, though this is certainly part of what engenders the question.... 2011  
Siddharth Kara Designing More Effective Laws Against Human Trafficking 9 Northwestern Journal of International Human Rights 123 (Spring, 2011) Law Review Articles and Other Secondary Sources   This paper seeks to provide an analytical framework for designing more effective laws against human trafficking. The United Kingdom will be used as a case study to identify specific changes to the sentencing provisions of anti-trafficking legislation that must be made in order to achieve a more effective response to human trafficking and other... 2011  
Markus G. Puder Did You Ever Hear of the Napoleonic Code, Stella? A Mixed Jurisdiction Impact Analysis from Louisiana's Law Laboratory 85 Tulane Law Review 635 (February, 2011) Law Review Articles and Other Secondary Sources   This Article develops the themes of history, language, and culture in the art of mixed jurisdiction impact analysis. It showcases a specific law (former article 177 of the Louisiana Civil Code) governing the liability of the building master for things thrown out of the house into the street or public road. Our case study gives real meaning to the... 2011  
Danielle N. Boaz Dividing Stereotype and Religion: the Legal Implications of the Ambiguous References to Voodoo in U.s. Court Proceedings 14 Scholar: St. Mary's Law Review on Minority Issues 251 (Winter 2011) Law Review Articles and Other Secondary Sources   I. Defining Voodoo & Vodou. 255 II. Origins of the Prejudice. 257 A. Vodou in Haiti. 258 B. Non-Haitian Voodoo in U.S. Courts and Media. 267 III. The Modern Atmosphere. 274 A. Cases. 275 i. Implications on Mental, Emotional, and Social Stability. 276 a. Criminal Cases. 276 b. Civil Cases. 280 ii. Discrimination and Defamation Cases. 284 a.... 2011  
Simon Turner Bailey Doctor My Doctrine: Medical Malpractice and the Irrepressible Continuing Tort 62 Alabama Law Review 439 (2011) Law Review Articles and Other Secondary Sources   I. Introduction. 439 II. History. 441 III. The Current State of the Continuing Tort Doctrine in Medical Malpractice. 446 IV. The Errors the Judiciary Makes in Discussing the Continuing Tort Doctrine in Medical Malpractice. 447 A. Confusing Continuing Torts With Continuous Treatment. 448 B. Being Overly Conclusory. 449 C. Furnishing Arguments That... 2011  
Rhonda V. Magee Educating Lawyers to Meditate? 79 UMKC Law Review 535 (Spring, 2011) Law Review Articles and Other Secondary Sources   Even before Anna checked her voice messages, she felt a familiar queasiness in her belly. After a year as an associate at a mid-size firm, the red message light had so often led to a new ASAP demand, that her body had developed a habit of reacting to it with a wave of weakness that settled lightly in her stomach. Before she'd noticed, she had... 2011  
Beth Ribet Emergent Disability and the Limits of Equality: a Critical Reading of the Un Convention on the Rights of Persons with Disabilities 14 Yale Human Rights and Development Law Journal 155 (2011) Law Review Articles and Other Secondary Sources   The UN Convention on the Rights of Persons with Disabilities marks a shift in international legal relationships to, and conceptions of, disability. The Convention is the first binding international instrument of its kind related to disability. Its premises differ from the earlier World Programme on Disability, and more closely integrate the... 2011  
Jean Allain, Reader, School of Law, Queen's University, Belfast, Northern Ireland, Extraordinary Lecturer, Human Rights Centre, Faculty of Law, University of Pretoria, South Africa, Email: j.allain@qub.ac.uk Emmanuel Decaux. Les Formes Contemporaines De L'esclavage. Leiden: Martinus Nijhoff Publishers, 2009. Pp. 256. €15.00. Isbn: 9789004179080 22 European Journal of International Law 284 (February, 2011) Law Review Articles and Other Secondary Sources   One would expect no less from this study of contemporary forms of slavery by Emmanuel Decaux than that it identifies the fundamental puzzle at the heart of legal issues surrounding human exploitation, namely, that: there is a permanent contradiction between the successive attempts focused on slavery in all its forms' as well as the practices and... 2011  
The Honorable James F. Holderman Essays on the Honorable Paul R. Michel 10 John Marshall Review of Intellectual Property Law 277 (Winter, 2010-2011) Law Review Articles and Other Secondary Sources   Meredith Martin Addy Foreword 278 The Honorable James F. Holderman Comments on Paul R. Michel's Contributions to Justice 279 Matthew J. Dowd Paul Michel: A Patriot and a Mentor 282 Lindsay Androski Kelly The Paul Michel You Never Knew 286 Elizabeth I. Winston Clarifying the Doctrine of Inequitable Conduct 290 Herbert C. Wamsley Chief Judge Michel's... 2011  
W. Burlette Carter Finding the Oscar 55 Howard Law Journal 107 (Fall 2011) Law Review Articles and Other Secondary Sources   INTRODUCTION. 108 I. THE LEGACY OF HATTIE MCDANIEL. 112 II. THE WILL AND THE PROBATE RECORDS. 128 A. The Will. 129 B. Notices and the Creditors. 130 C. The Assets. 131 D. Oscar On Sale. 132 III. OSCAR MOVES FROM SCREEN TO STAGE AT HOWARD UNIVERSITY. 136 A. Send It To Howard . 136 B. Two Collections. 137 C. A Gift from Leigh Whipper Arrives. 138... 2011  
Peter H. Meyers Fixing the Flaws in the Federal Vaccine Injury Compensation Program 63 Administrative Law Review 785 (Fall 2011) Law Review Articles and Other Secondary Sources   Introduction. 786 I. The Flawed Federal Vaccine Injury Compensation Program. 792 A. History of the Vaccine Act and Its Key Provisions. 792 B. The Vaccine Injury Table and Its Significance in the Program. 796 C. Major Changes in the Table and the Program and Their Consequences. 799 D. The Special Masters' Role in the Decisionmaking Process. 805 E.... 2011  
Adam F. Scales Following Form: Corporate Succession and Liability Insurance 60 DePaul Law Review 573 (Winter 2011) Law Review Articles and Other Secondary Sources   The ship wherein Theseus and the youth of Athens returned had thirty oars, and was preserved by the Athenians . . . for they took away the old planks as they decayed, putting in new and stronger timber in their place, insomuch that this ship became a standing example among the philosophers, for the logical question of things that grow; one side... 2011  
Keith Aoki Food Forethought: Intergenerational Equity and Global Food Supply-- Past, Present, and Future 2011 Wisconsin Law Review 399 (2011) Law Review Articles and Other Secondary Sources   This Article assesses the treatment of plant genetic resources and crop diversity in light of theories of corrective and distributive justice (utilitarian and deontological) as well as relevant critiques of such theories. It reviews three periods in the treatment of plant genetic resources: the past, the present, and the future, noting that in the... 2011  
Cheryl E. Stovall Former-citizenship Restitution: a Proposal for an Equitable Resolution of Confiscated Lithuanian Property 11 Chicago-Kent Journal of International and Comparative Law L. 1 (2011) Law Review Articles and Other Secondary Sources   The success of a developing nation has historically been measured in terms of economic growth. That measure fails to consider, however, the importance of justice as a measure of development. This article explores the idea that restitution of property is an important social justice that is necessary for a developing nation to achieve growth. The... 2011  
Jonathan R. Cohen Fostering Race-related Dialogue: Lessons from a Small Seminar 22 University of Florida Journal of Law and Public Policy 407 (December, 2011) Law Review Articles and Other Secondary Sources   I. Introduction. 407 II. Five Suggestions for Fostering Constructive Race-Related Dialogue. 412 A. Establish Trust and Good Conversational Dynamics Before Discussing Race. 412 B. Prompt the Discussion with a Reading or Other Informative Stimulus. 413 C. Listen with the Goal of Understanding the Other Person's Views. 413 D. Express One's Views... 2011  
Rashida Manjoo , Calleigh Mcraith Gender-based Violence and Justice in Conflict and Post-conflict Areas 44 Cornell International Law Journal 11 (Winter 2011) Law Review Articles and Other Secondary Sources   Introduction. 11 I. Background. 12 A. Prevalent Forms of Gender-Based Violence. 12 B. Causes and Consequences of Gender-Based Violence. 14 II. Codification and Standard-Setting Developments. 18 III. Continuing Challenges. 26 IV. Concluding Recommendations. 30 2011  
27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44