AuthorTitleCitationDocument TypeStatusSummaryYear
  Gerard v. Board of Regents of State of Ga. 324 Fed.Appx. 818, United States Court of Appeals, Eleventh Circuit. (4/24/2009) Cases As of January 6, 2020 case has not been reversed or overruled. LABOR AND EMPLOYMENT - Discrimination. Refusal to hire was not retaliatory. 2009
Clark M. Neily III , Robert J. McNamara Getting Beyond Guns: Context for the Coming Debate over Privileges or Immunities 14 Texas Review of Law and Politics 15 (Fall 2009) Law Review Articles and Other Secondary Sources   I. Abstract. 16 II. Introduction. 21 III. Slavery, Abolition, and the Shifting Balance of Power Between the Feds, the States, and the People. 23 A. Pre-Civil War Debates. 23 B. The Abuse, Redemption, and Surrender of Civil Rights in the Reconstruction Era South. 27 C. Framing the Fourteenth Amendment. 30 IV. The Brief Road to Evisceration by the... 2009
Michèle Alexandre Girls Gone Wild and Rape Law: Revising the Contractual Concept of Consent & Ensuring an Unbiased Application of "Reasonable Doubt" When the Victim Is Non-traditional 17 American University Journal of Gender, Social Policy and the Law 41 (2009) Law Review Articles and Other Secondary Sources   I. Introduction. 43 II. Criticism of the Current Contractual Standard and Exploration of a Continuum-Based Standard of Consent. 48 A. The Detrimental Influence of the Contractual Standard of Consent. 48 B. The Continuum-Based Consent Standard Defined. 55 III. The Rape Shield Statute. 59 IV. Detrimental Influence of the Contractual Standard in... 2009
  Greathouse v. U.s. Not Reported in F.Supp.2d, United States District Court, E.D. Texas, Lufkin Division. (10/20/2009) Cases As of January 6, 2020 case has not been reversed or overruled. SOCIAL SECURITY - Dismissal. A taxpayer did not show that he satisfied sanctions imposed upon him for filing frivolous suits, and therefore it was appropriate to dismiss the taxpayer's fraud action against the Social Security Administration. 2009
Erin Ann O'Hara Group-conflict Resolution: Sources of Resistance to Reconciliation 72-SPG Law and Contemporary Problems Probs. I (Spring, 2009) Law Review Articles and Other Secondary Sources   In the past few years a number of scholars in a variety of intellectual disciplines have contributed to a better understanding of dyadic conflicts and their resolution. In particular, sociologists, psychologists, anthropologists, lawyers, and others have explored the dynamics of apology and its role in deescalating disputes and promoting... 2009
  Guatemala (2/1/2009) Administrative Decisions & Guidance     2009
Stacy Elmer Health Disparities and Historical Injustice in Sierra Leone: a Case for Reparations? 57 University of Kansas Law Review 971 (May, 2009) Law Review Articles and Other Secondary Sources   You would rather have a Lexus or justice, a dream or some substance? A Beamer, a necklace, or freedom? -- Dead Prez, Hip-Hop In 2000, the World Health Organization ranked Sierra Leone as the country with the least efficient health system of any country in the world. With sixty-eight percent of its population living below the poverty line, Sierra... 2009
Ori J. Herstein Historic Injustice, Group Membership and Harm to Individuals: Defending Claims for Historic Justice from the Non-identity Problem 25 Harvard BlackLetter Law Journal 229 (Spring 2009) Law Review Articles and Other Secondary Sources   Some claim slavery did not harm the descendants of slaves since, without slavery, its descendants would never have been born and a life worth living, even one including the subsequent harms of past slavery, is preferable to never having been born at all. This creates a classic puzzle known as the non-identity argument, applied to reject the... 2009
Laura A. Heymann How to Write a Life: Some Thoughts on Fixation and the Copyright/privacy Divide 51 William and Mary Law Review 825 (November, 2009) Law Review Articles and Other Secondary Sources   In the fall of 2001, a New York gallery mounted Heads, a show of street photography by photographer Philip-Lorca diCorcia. DiCorcia, who had worked in this genre for many years, had set up his camera in Times Square and taken photographs of strangers, without their knowledge, as they passed by, then cropped and framed the photographs to create... 2009
James Ladino Ianfu: No Comfort Yet for Korean Comfort Women and the Impact of House Resolution 121 15 Cardozo Journal of Law & Gender 333 (Winter 2009) Law Review Articles and Other Secondary Sources   Although World War II and its accompanying war crimes trials have long since ended, Japan has yet to candidly atone for its involvement in the death and enslavement of thousands of women. Female sex slaves, or ianfu (comfort women), were heavily recruited in Korea by the Imperial Japanese Army during the Second Sino-Japanese War and World War II.... 2009
  Ii. Compensating Victims of Wrongful Detention, Torture, and Abuse in the U.s. War on Terror 122 Harvard Law Review 1158 (February, 2009) Law Review Articles and Other Secondary Sources   Gradually and without fanfare, the United States has released hundreds of prisoners detained in connection with the war on terror. Many of these prisoners claim they were wrongfully detained and tortured by U.S. officials, or illegally deported to be tortured abroad. But with the exception of two prisoners detained in Iraq, none has been offered... 2009
  In re Greene 310 Fed.Appx. 17, United States Court of Appeals, Seventh Circuit. (2/5/2009) Cases As of January 6, 2020 case has not been reversed or overruled. EDUCATION - Discovery. District court's refusal to admit debtors' responses to Department of Education's request for admissions was not abuse of discretion. 2009
Jo M. Pasqualucci International Indigenous Land Rights: a Critique of the Jurisprudence of the Inter-american Court of Human Rights in Light of the United Nations Declaration on the Rights of Indigenous Peoples 27 Wisconsin International Law Journal 51 (Spring 2009) Law Review Articles and Other Secondary Sources   Recognizing the urgent need to respect and promote the inherent rights of indigenous peoples which derive from their political, economic and social structures and from their cultures, spiritual traditions, histories and philosophies, especially their rights to their lands, territories and resources . . . - Preamble, United Nations Declaration on... 2009
Alexander Tsesis Interpreting the Thirteenth Amendment 11 University of Pennsylvania Journal of Constitutional Law 1337 (July, 2009) Law Review Articles and Other Secondary Sources   Emerging from the Civil War in 1865, the Reconstruction Congress proposed numerous reform statutes pursuant to its power under the newly ratified Thirteenth Amendment. The Enforcement Clause, found in the second section of the Amendment, granted legislators unprecedented power to pass nationally-binding civil rights legislation. As complicated as... 2009
Avi Brisman It Takes Green to Be Green: Environmental Elitism, "Ritual Displays," and Conspicuous Non-consumption 85 North Dakota Law Review 329 (2009) Law Review Articles and Other Secondary Sources   In December 2007, under the banner Top Trends in Search in 2007, Yahoo announced that global warming ranked as one of the top searches for the year 2007. For the green conscious, this might seem like good news. As Yahoo director of product marketing, Raj Gossain, states, [These] Internet searches revealed a hunger for knowledge about global... 2009
Anthony V. Alfieri Jim Crow Ethics and the Defense of the Jena Six 94 Iowa Law Review 1651 (July, 2009) Law Review Articles and Other Secondary Sources   ABSTRACT: This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the... 2009
Eric L. Muller Judging Thomas Ruffin and the Hindsight Defense 87 North Carolina Law Review 757 (March, 2009) Law Review Articles and Other Secondary Sources   Judge Thomas Ruffin of the antebellum Supreme Court of North Carolina enjoys the reputation as one of the great judges of the nineteenth century; some rank him among the greats of all American history. This reputation has been little tarnished by his authorship of State v. Mann, an opinion that has become one of the central texts of the American... 2009
Pamela D. Bridgewater Legal Stories and the Promise of Problematizing Reproductive Rights 21 Law and Literature 402 (Fall, 2009) Law Review Articles and Other Secondary Sources   Abstract. Drawing on Rabinow's Making PCR: A Story of Biotechnology, and on my earlier work on slavery, reproduction, and constitutional interpretation, this essay argues that supplementary narratives of the lived experiences of black women seeking reproductive rights, employed in the spirit of Rabinow's pedagogy of creativity, curiosity, and... 2009
Marc L. Roark Loneliness and the Law: Solitude, Action, and Power in Law and Literature 55 Loyola Law Review 45 (Spring 2009) Law Review Articles and Other Secondary Sources   How do our thoughts and attitudes impact the law? Is there a correlation between the way the law is decided and the way we as lawyers and scholars approach law? These questions are the ultimate indicators of the direction of law. Traditionally, we assume that law develops artificially--that is, without direct correlation to any particular... 2009
Rebecca Tsosie Native Nations and Museums: Developing an Institutional Framework for Cultural Sovereignty 45 Tulsa Law Review Rev. 3 (Fall 2009) Law Review Articles and Other Secondary Sources   One of the central functions of the modern Museum is to create exhibits that portray diverse cultures through various time periods, thereby introducing peoples to one another in the absence of a more personal interaction. There is an entire conversation about the ethics of such portrayals and the role of curators as interpreters of history,... 2009
David Lowenthal On Arraigning Ancestors: a Critique of Historical Contrition 87 North Carolina Law Review 901 (March, 2009) Law Review Articles and Other Secondary Sources   Recent years have brought a sea change in stances toward the past. Instead of looking back with pride, we increasingly recollect with remorse. Rather than stressing achievements and victories, we dwell on disasters and defeats. No longer history's winners but history's losers occupy center stage. And we apologize profusely for ancestral misdeeds.... 2009
Anita Bernstein Pecuniary Reparations Following National Crisis: a Convergence of Tort Theory, Microfinance, and Gender Equality 31 University of Pennsylvania Journal of International Law L. 1 (Fall 2009) Law Review Articles and Other Secondary Sources   Numerous possible contexts can impel national governments to start reparations programs. From the array of possibilities, this Article focuses on reparations for the effects of a crisis that ravaged a whole nation--for example civil war, genocide, dictatorship, or apartheid--rather than on one discrete, odious deviation from the norms of a... 2009
Evelyn L. Wilson People as Crops 40 University of Toledo Law Review 695 (Spring 2009) Law Review Articles and Other Secondary Sources   WHEN I think of 1808, I recall that the United States Constitution protected the right to import slaves from congressional interference until January 1 of that year. Taking action at its earliest permitted opportunity, Congress passed legislation in 1807 to prohibit the importation of slaves beginning in 1808. The reasons persuading the various... 2009
  Plaintiffs' Notice of Motion, Motion and Memorandum in Support of Final Approval of Class Settlement (1/22/2009) Trial Court Documents   CLASS ACTION Date: February 6, 2009 Time: 10:00 a.m. Courtroom: 8 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: Please take notice that on February 6, 2009 at 10:00 a.m., or as soon... 2009
  Plaintiffs' Post Trial Reply Brief (8/6/2009) Trial Court Documents   For the third time, the Government asks this Court for dismissal based on the Flood Control Act of 1928 (33 U.S.C. § 702c), claiming that immunity attaches here because Plaintiffs' damages... 2009
  Plaintiffs' Pro Se Response to Defendant First American Title Insurance's Motion for Summary Judgment (8/12/2009) Trial Court Documents   The Plaintiffs, Anita E. Belle and Thelma L. Belle, self-represented, hereby respond to Defendant FIRST AMERICAN TITLE INSURANCE's Motion for Summary Judgment as follows: 1. The Plaintiffs... 2009
  Press Briefing by Press Secretary Robert Gibbs (6/19/2009) Administrative Decisions & Guidance     2009
Morgane Landel Proposals for a Truth Commission and Reparations Program for Victims of Torture by Us Forces since 9/11 16 ILSA Journal of International and Comparative Law 115 (Fall, 2009) Law Review Articles and Other Secondary Sources   I. L2-3,T3Introduction 115. II. L2-3,T3What Has Been the US Response So Far to Allegations of Abuse? 119. III. L2-3,T3What Are the US's International Obligations in Relation to the Right to Truth? 120. IV. L2-3,T3What is the Purpose of Truth Commissions? 122. V. L2-3,T3Why Call it a Truth Commission? 126. VI. L2-3,T3Proposals for a Truth Commission... 2009
Ramona Vijeyarasa Putting Reproductive Rights on the Transitional Justice Agenda: the Need to Redress Violations and Incorporate Reproductive Health Reforms in Post-conflict Development 15 New England Journal of International and Comparative Law 41 (2009) Law Review Articles and Other Secondary Sources   Recognition of the systematic use of sexual violence as an instrument of war and ethnic cleansing has developed a strong foothold in international law. Examples of rape as genocide or as a strategy of war, from the Bangladesh-Pakistan war in the early 1970s to campaigns of sexual violence in the Central African Republic, demonstrate the existence... 2009
Shelley Buchanan Questioning the Political Question Doctrine: Inconsistent Applications in Reparations and Alien Tort Claims Act Litigation 17 Cardozo Journal of International and Comparative Law 345 (Spring 2009) Law Review Articles and Other Secondary Sources   I. Introduction. 345 II. Historical Background of the ATCA. 349 A. Filartiga v. Pena-Irala. 349 B. Sosa v. Alvarez-Machain. 352 III. The Political Question Doctrine. 354 A. Historical Background. 354 B. Statements of Interest by the State Department. 355 IV. Reparations Movements. 361 A. Historical Background. 363 1. Holocaust Era Litigation. 364... 2009
Ruth D. Peterson, Lauren J. Krivo Race, Residence, and Violent Crime: a Structure of Inequality 57 University of Kansas Law Review 903 (May, 2009) Law Review Articles and Other Secondary Sources   There is a great deal of variation in levels of violent crime across communities of different colors in urban neighborhoods throughout the United States. This variation is seen in rates of violence that are much higher in predominantly minority neighborhoods, especially those comprised of blacks, compared to predominantly white neighborhoods. This... 2009
Daniela Ikawa , Laura Mattar Racial Discrimination in Access to Health: the Brazilian Experience 57 University of Kansas Law Review 949 (May, 2009) Law Review Articles and Other Secondary Sources   The Brazilian version of race is quite different from the American version. In Brazil, blacks account for almost half of the population, while they are only a little more than one tenth of the United States population. Racial discrimination in Brazil is based on phenotype and not on ancestry. De jure discrimination (although not de facto... 2009
Darren Lenard Hutchinson Racial Exhaustion 86 Washington University Law Review 917 (2009) Law Review Articles and Other Secondary Sources   I. Introduction: Two Louisiana Stories--Race, Inequality, and Rhetoric. 918 II. Nineteenth-Century Racial Discourse. 924 A. Racial Exhaustion: An American Narrative. 924 1. Narratives and Society. 924 2. Social Narratives on Race. 925 3. Particulars of Racial Exhaustion. 926 B. Low Stamina: Racial Exhaustion in the Reconstruction Era. 928 1. From... 2009
Francisco Valdes Rebellious Knowledge Production, Academic Activism, & Outsider Democracy: from Principles to Practices in Latcrit Theory, 1995 to 2008 8 Seattle Journal for Social Justice 131 (Fall/Winter 2009) Law Review Articles and Other Secondary Sources   This annual lecture, as the program schedule indicates, is designed to provide a sense of some notable principles and practices that underlie and animate LatCrit theory, praxis, and community as an expression of critical outsider jurisprudence, or OutCrit legal studies. Because the LatCrit community and body of work are multiply diverse,... 2009
D. Malcolm Carson Reflections on "Message from the Grassroots: Participatory Democracy, Community Empowerment and the Reconstruction of Urban America" 11 Berkeley Journal of African-American Law & Policy 19 (2009) Law Review Articles and Other Secondary Sources   As I reflect on the Note that I authored as a law student fifteen years ago, I am struck by how relevant it is to the course of my professional career in the years since. In a way, my Note was not only a writing project; it was also a career development plan. Although it is a cliché that nearly all law school students express an interest in social... 2009
Eric K. Yamamoto , Ashley Kaiao Obrey Reframing Redress: a "Social Healing Through Justice" Approach to United States-native Hawaiian and Japan-ainu Reconciliation Initiatives 16 Asian American Law Journal L.J. 5 (2009) Law Review Articles and Other Secondary Sources   One billion dollars and an apology: reparations by the United States government for 60,000 surviving Americans of Japanese ancestry imprisoned during World War II without charges, trial, or evidence of necessity. Redress for lost homes, families, and freedom, for serious harm inflicted by a government on its own people on account of their race. The... 2009
Hao Duy Phan Reparations to Victims of Gross Human Rights Violations: the Case of Cambodia 4 East Asia Law Review 277 (Fall, 2009) Law Review Articles and Other Secondary Sources   The world community has introduced various legal instruments regarding reparations for gross violations of human rights. In Cambodia, however, reparations for those seriously and systematically deprived of their rights by the Khmer Rouge regime remain an unresolved issue, even after the establishment of the Extraordinary Chambers in the Courts of... 2009
  Reply Memorandum of Law in Support of Barclays Bank Plc's Motion to Dismiss the Second Amended Complaint (1/9/2009) Trial Court Documents   Because Plaintiff has violated this Court's scheduling order, Plaintiff's Opposition should be disregarded. New York law provides that late papers should be disregarded where a plaintiff... 2009
  Response of Barclays Bank Plc to Plaintiff's "Sur-reply" Brief (3/6/2009) Trial Court Documents   As stated in Barclays' previous two submissions, the Second Amended Complaint filed by plaintiff Clive C. Campbell (Plaintiff) which seeks reparations for harm purportedly caused by... 2009
Samuel J. Levine , Russell G. Pearce Rethinking the Legal Reform Agenda: Will Raising the Standards for Bar Admission Promote or Undermine Democracy, Human Rights, and Rule of Law? 77 Fordham Law Review 1635 (March, 2009) Law Review Articles and Other Secondary Sources   Today, legal reformers are once again in the midst of a major effort to export American models of the American legal profession to developing countries. These recent efforts began in the 1990s as countries in Eastern Europe, South America, Africa, and Asia began to transition to democratic political systems or market economies. The reformers'... 2009
Harvey Gee Review Essay: Asian Americans, Critical Race Theory, and the End of the Model Minority Myth 19 Temple Political & Civil Rights Law Review 149 (Fall 2009) Law Review Articles and Other Secondary Sources   The Myth of the Model Minority: Asian Americans Facing Racism by Rosalind S. Chou & Joe R. Feagin, Paradigm Publishers, Pp. 251 (2008) Race Law Stories, Foundation Press, Pp. 608 (eds. Rachel F. Moran & Devon W. Carbado 2008) Race issues are rarely spoken about in everyday conversation. In a speech to Justice Department employees marking Black... 2009
Yael Weitz Rwandan Genocide: Taking Notes from the Holocaust Reparations Movement 15 Cardozo Journal of Law & Gender 357 (Winter 2009) Law Review Articles and Other Secondary Sources   The devastating scale and scope of World War II brought about the international community's recognition of victims' rights. In the years after the war, the international community came to acknowledge victims as a distinct group, deserving of reparations for their physical and emotional damage. Moreover, the reparations movement that developed in... 2009
Angela P. Harris Should People of Color Support Animal Rights? 5 Journal of Animal Law 15 (2009) Law Review Articles and Other Secondary Sources   The day may come when the rest of the animal creation may acquire those rights which never could have been withholden from them hut by the hand of tyranny. The French have already discovered that the blackness of the skin is no reason why a human being should be abandoned without redress to the caprice of a tormentor. It may one day come to be... 2009
Rhonda V. Magee Slavery as Immigration? 44 University of San Francisco Law Review 273 (Fall 2009) Law Review Articles and Other Secondary Sources   As an African-American woman and legal scholar, I have long been troubled by the absence of sustained discourse within the legal academy on the legacies of American chattel slavery and its multifaceted impact on contemporary U.S. law and policy. Since entering the academy, I have puzzled, mostly in silence, over the continued absence of scholarship... 2009
Jason Levy Slavery Disclosure Laws: for Financial Reparations or for "Telling the Truth?" 2009 Columbia Business Law Review 468 (2009) Law Review Articles and Other Secondary Sources   I. Introduction. 469 II. Background. 472 A. Prior Attempts to Secure Financial Reparations through Litigation or Legislation. 474 B. Prior Attempts to Secure Historical Acknowledgment Reparations. 479 III. Modes of Reparations Applied to Slavery Disclosure Laws. 483 A. Slavery Disclosure Laws as Promoting Financial Reparations Lawsuits. 483 B.... 2009
William Darity Jr. Stratification Economics: Context Versus Culture and the Reparations Controversy 57 University of Kansas Law Review 795 (May, 2009) Law Review Articles and Other Secondary Sources   The general intent of any program of reparations for a grievous injustice should be threefold: acknowledgment, redress (restitution or atonement ), and closure. Acknowledgment involves recognition and admission of the wrong by the perpetrators and/or beneficiaries of the wrong. In the case of blacks, this would mean the receipt of a formal apology... 2009
Thomas Kleven Systemic Classism, Systemic Racism: Are Social and Racial Justice Achievable in the United States? 8 Connecticut Public Interest Law Journal 207 (Spring/Summer 2009) Law Review Articles and Other Secondary Sources   The thesis of this article is that the United States is systemically a highly classist and racist society, that classism and racism are interrelated and overlapping phenomena, and that the achievement of a non-classist/non-racist society requires a mass movement of working-class people of all ethnicities for social and racial justice for all. By... 2009
Tracy Reilly The "Spiritual Temperature" of Contemporary Popular Music: an Alternative to the Legal Regulation of Death-metal and Gangsta-rap Lyrics 11 Vanderbilt Journal of Entertainment and Technology Law 335 (Winter 2009) Law Review Articles and Other Secondary Sources   The purpose of this Article is to contribute to the volume of legal scholarship that focuses on popular music lyrics and their effects on children. This interdisciplinary cross-section of law and culture has been analyzed by legal scholars, philosophers, and psychologists throughout history. This Article specifically focuses on the recent public... 2009
Paul Finkelman The Constitution, the Supreme Court, and History 88 Texas Law Review 353 (December, 2009) Law Review Articles and Other Secondary Sources   During the recent confirmation of Justice Sonia Sotomayor, we watched, once again, the ritual discussion of what ought to be the standards for a Supreme Court Justice. Republicans, fearful of a third moderate on what is the most conservative Court in three-quarters of a century, trotted out the assertions of John Roberts during his confirmation... 2009
Hannibal Travis The Cultural and Intellectual Property Interests of the Indigenous Peoples of Turkey and Iraq 15 Texas Wesleyan Law Review 415 (Spring 2009) Law Review Articles and Other Secondary Sources   I. Defining Indigenous Peoples and Their Property Interests under International Law. 422 II. The Destruction of Indigenous Peoples' Cultural and Intellectual Property in Turkey and Iraq. 432 A. The Assyrians of Anatolia and Mesopotamia. 432 B. The Greeks of Anatolia and Cyprus. 451 C. The Jews of Anatolia and Mesopotamia. 461 D. The Mandaeans and... 2009
27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44