AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
  Memorandumoflaw in Support of the Motion of Defendant Rail Cargo Hungaria Zrt. To Set Aside the Entry of Default and to Dismiss the Complaint (6/28/2011) Trial Court Documents   FN1. Points 1, 2, 4, and 6 of these below-listed points are grounds for immediate dismissal of this Complaint with prejudice, as is set forth in this Memorandum of Law. Points 3, 5, and 7... 2011  
  Motion for Hearing and Preliminary Injunction Against the North Little Rock School District (1/11/2011) Trial Court Documents   COME NOW Teresa Dale, parent and next friend of J.J. and Shana McCoy, parent and next friend of J.A. and as members of the class of students known as Joshua Intervenors move pursuant to... 2011  
  Petitioner's Emergency Motion for a Temporary Restarining Order (6/21/2011) Trial Court Documents   NOW COMES, the Petitioner, EvAngei Mamadeelove YHWHnewBN, a pro se friend of the court, senior citizen and survivor of unjust laws of segregation litigant with a PETITIONER'S EMERGENCY... 2011  
  Plaintiffs Victims of the Hungarian Holocaust's Consolidated Memorandum of Law in Opposition to the Motions to Dismiss Filed by Magyar Nemzeti Bank, Erste Group Bank, Mkb Bank Zrt and Otp Bank (3/11/2011) Trial Court Documents   This lawsuit seeks the restitution of assets illegally seized or retained by Hungarian financial institutions as part of the Hungarian phase of Hitler's Final Solution. This lawsuit... 2011  
  Plaintiffs Victims of the Hungarian Holocaust's Corrected Consolidated Memorandum of Law in Opposition to the Motions to Dismiss Filed by Magyar Nemzeti Bank, Erste Group Bank, Mkb Bank Zrt and Otp Bank (4/1/2011) Trial Court Documents   This lawsuit seeks the restitution of assets illegally seized or retained by Hungarian financial institutions as part of the Hungarian phase of Hitler's Final Solution. This lawsuit... 2011  
  The Republic of Hungary's and Magyar Allamvasutak Zrt.'S Memorandum of Law in Support of Their Motion to Dismiss the First Amended Class Action Complaint (4/8/2011) Trial Court Documents   The Republic of Hungary (Hungary) and Magyar Államvasutak Zrt. (MÁV) submit this Memorandum of Law in Support of Their Motion to Dismiss the First Amended Class Action Complaint (the... 2011  
  Frivolous Positions Notice 2010-33 (4/7/2010) Administrative Decisions & Guidance     2010  
  Guatemala (3/1/2010) Administrative Decisions & Guidance     2010  
  Liberia (3/1/2010) Administrative Decisions & Guidance     2010  
  Brief for the United States (10/20/2010) Briefs   Appellant Edna Gorham-Bey takes this appeal from her conviction following a jury trial in the United States District Court for the Western District of Pennsylvania. The district court had... 2010  
  Petitioners' Reply Brief (2/17/2010) Briefs   Last week, on the same day their answer to this petition was due, Plaintiffs filed an Amended Complaint. (Ex. K to Plaintiffs' Answer to the Petition). Relevant here, Plaintiffs limited... 2010  
Christine Chambers Goodman A Modest Proposal in Deference to Diversity 23 National Black Law Journal L.J. 1 (2010) Law Review Articles and Other Secondary Sources   Introduction. 2 I. The True Diversity Experiment Satisfies the Grutter Test. 5 A. What Grutter Says. 5 B. What Grutter Means. 9 i. What Universities May Do, Post Grutter. 9 ii. Does the Grutter Court Use Diversity as a Proxy for Integration?. 12 iii. Promoting Integration: Access, Legitimacy, and Self-Interest. 18 II. The Modest Proposal and its... 2010  
Richard Lempert A Personal Odyssey Toward a Theme: Race and Equality in the United States: 1948-2009 44 Law and Society Review 431 (September/December, 2010) Law Review Articles and Other Secondary Sources   This 2009 Law & Society Association presidential address combines the personal and political to address issues relating to race relations in the United States. Combining narrative methods and quantitative data the article traces the roots of the author's commitment to racial equality and evaluates the degree to which over the past 60 years anti-... 2010  
Justin Donoho Achieving Supreme Court Consensus: an Evolved Approach to State Sovereign Immunity 88 Nebraska Law Review 760 (2010) Law Review Articles and Other Secondary Sources   I. Introduction. 760 II. Competing Theories. 763 A. Existing Doctrine. 763 B. The Dissenting Justices' Theory. 766 III. Necessity of Achieving Consensus. 767 IV. Existing Arguments. 770 A. Formalist Arguments. 770 B. Functional or Policy-Based Arguments. 771 C. Coherence with Lochner v. New York. 774 V. New Arguments. 776 A. Coherence with the... 2010  
Susanne Sreedhar Anarchism, Historical Illegitimacy, and Civil Disobedience: Reflections on A. John Simmons's Disobedience and its Objects 90 Boston University Law Review 1833 (August, 2010) Law Review Articles and Other Secondary Sources   Introduction. 1833 I. Group Membership and Problems of Identification. 1836 II. Separating Structural Injustice and Historical Illegitimacy. 1837 III. Can Rawls Respond?. 1841 IV. The Anarchist Approach to Civil Disobedience. 1842 Conclusion. 1846 2010  
Olufunmilayo B. Arewa Blues Lives: Promise and Perils of Musical Copyright 27 Cardozo Arts and Entertainment Law Journal 573 (2010) Law Review Articles and Other Secondary Sources   Introduction. 574 I. Creation and Context: Blues and the Birth of Rock and Roll. 576 A. Contexts and Origins of Blues: Legends, Romance, and Authenticity. 577 B. Blues as Popular Music: Mining the Mississippi Delta. 580 C. The Robert Johnson Puzzle: Uncovering a Murdered Musical Cipher. 582 D. Blues and British Rock: Cultural Icons, the Diffusion... 2010  
Tayyab Mahmud Colonial Cartographies, Postcolonial Borders, and Enduring Failures of International Law: the Unending Wars along the Afghanistan-pakistan Frontier 36 Brooklyn Journal of International Law L. 1 (2010) Law Review Articles and Other Secondary Sources   I. Introduction 2 II. Scaffoldings of Colonial Cartographies 6 A. International Law and Differentiated Sovereignty 8 B. Modern Geography and the Colonial Encounter 17 C. Geopolitics and Imperial Designs 21 D. Frontiers, Boundaries, and Borders 23 III. Imperial Great Games and Drawing of Lines 26 A. Great Game I: The Genesis of the Buffer to a... 2010  
David Copp Corrective Justice as a Duty of the Political Community: David Lyons on the Moral Legacy of Slavery and Jim Crow 90 Boston University Law Review 1731 (August, 2010) Law Review Articles and Other Secondary Sources   Introduction. 1731 I. The Challenge of Agency Individualism. 1733 II. The Challenge of Moral Individualism. 1736 III. The Objection of the Gap. 1740 IV. A Duty of Civic Responsibility. 1746 V. The Objection from Moral Guilt. 1749 Conclusion. 1753 2010  
Maggie T. Grace Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, and Renewing Public Norms 34 Vermont Law Review 563 (Spring, 2010) Law Review Articles and Other Secondary Sources   This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution (ADR) in the criminal justice system. Drawing on philosophical literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice lens reveals how ADR can address realities of social... 2010  
Brando Simeo Starkey Criminal Procedure, Jury Discrimination & the Pre-davis Intent Doctrine: the Seeds of a Weak Equal Protection Clause 38 American Journal of Criminal Law L. 1 (Fall 2010) Law Review Articles and Other Secondary Sources   Introduction. 2 I. Ambivalent Origins. 5 A. Test Driving the Equal Protection Clause--The First Cases. 5 B. Bush and Supreme Deference. 13 C. A New (False) Hope. 16 II. Lost Souls. 19 A. Don't Get Caught in Mississippi or Anywhere Else in the South. 19 B. The Proliferation of the Intent Doctrine. 22 C. Walking the Green Mile. 24 D. So, This Is What... 2010  
Jonathan K. Crane Defining the Unspeakable: Incitement in Halakhah and Anglo-american Jurisprudence 25 Journal of Law and Religion 329 (2009-2010) Law Review Articles and Other Secondary Sources   What constitutes evil speech? Rabbah said: As when one says, There is a fire burning in [the oven of] So-and-So's house. Abbaye asked: But what harm does he do? He merely provides information. Nevertheless, [said Rabbah,] such information may be uttered with intent to slander, As though he were saying: where else would such a fire be burning... 2010  
Carla Spivack Disappearing Civil Liberties: the Case of Post-9/11 Fiction 44 New England Law Review 869 (Summer 2010) Law Review Articles and Other Secondary Sources   Abstract: This Article examines several examples of so-called post 9-11 literature and questions their lack of concern with the attacks on civil rights perpetrated by the Bush administration in the wake of the attacks. The novels analyzed are: Helen Schulman, A Day at the Beach (2007), Claire Messud, The Emperor's Children (2006), Ken Kalfus, A... 2010  
Anthony V. Alfieri Discovering Identity in Civil Procedure 83 Southern California Law Review 453 (March, 2010) Law Review Articles and Other Secondary Sources   Speak up, baby.--Reverend Dorothy WashingtonCoconut Grove Ministerial Alliance Meeting This Review explores the story of Floride Norelus--an undocumented Haitian immigrant--her civil rights lawyers, and the judges who did not believe them. The backdrop for Norelus's story comes out of Ariela J. Gross's new book, What Blood Won't Tell: A History... 2010  
Mikka Gee Conway Dormant Foreign Affairs Preemption and von Saher v. Norton Simon Museum: Complicating the "Just and Fair Solution" to Holocaust-era Art Claims 28 Law & Inequality: A Journal of Theory and Practice 373 (Summer 2010) Law Review Articles and Other Secondary Sources   In Von Saher v. Norton Simon Museum, the Court of Appeals for the Ninth Circuit struck down a California law extending the statute of limitations for Holocaust-era art restitution claims against museums. It affirmed the district court's holding that the statute was preempted by the federal foreign relations power, reversed the determination that... 2010  
David C. Gray Extraordinary Justice 62 Alabama Law Review 55 (2010) Law Review Articles and Other Secondary Sources   This Article strikes a contrast to views advanced by Eric Posner, Adrian Vermeule, and others that transitional justice can be sufficiently described and understood as a special case of Ordinary Justice. Paying special attention to debates about reparations, this Article argues that transitional justice is extraordinary, reflecting the source and... 2010  
Nancy Ehrenreich Foreword: Conceptualizing Substantive Justice 13 Journal of Gender, Race and Justice 533 (Spring 2010) Law Review Articles and Other Secondary Sources   In April 2009, in the midst of a freak, city-stopping spring snowstorm, the conference on Conceptualizing Substantive Justice was held at the University of Denver's Sturm College of Law. The nation was flush with optimism, and those on the left of the political spectrum felt particularly hopeful. Barack Obama's election just a few months earlier... 2010  
Brandon M. Stump From Reconstruction to Obama: Understanding Black Invisibility, Racism in Appalachia, and the Legal Community's Responsibility to Promote a Dialogue on Race at the Wvu College of Law 112 West Virginia Law Review 1095 (Spring, 2010) Law Review Articles and Other Secondary Sources   I. Introduction. 1096 II. The Similar Experiences of American Blacks and White Appalachians. 1100 A. Into the Mountains. 1100 B. White and Black Savages: A Tale of Two Stereotypes. 1102 C. The Housing Conditions of Blacks and Appalachian Whites. 1104 D. The Importance of Color: Blacks Were Black and Appalachians Were White. 1105 E. Conclusion.... 2010  
Lateef Mtima, Steven D. Jamar Fulfilling the Copyright Social Justice Promise: Digitizing Textual Information 55 New York Law School Law Review 77 (2010/11) Law Review Articles and Other Secondary Sources   The advent of commercially viable digitizing of text for mass distribution through the Google Books Library Project (Google Books Project) and other text-digitizing projects and developments like Europeana and Amazon's Kindle Reader, places new demands on intellectual property regimes, particularly with respect to author/creator property right... 2010  
Marc Spindelman Gay Men and Sex Equality 46 Tulsa Law Review 123 (Fall 2010) Law Review Articles and Other Secondary Sources   A critical theory of the existing conditions of the social world written not simply to document but in order to change them, sex equality theory's power derives from its apprehension of social reality, including its facts and truths, among them, sexuality's role in producing the sex-based inequalities that pervasively define social life. For those... 2010  
Michael J. Kelly Grafting the Command Responsibility Doctrine onto Corporate Criminal Liability for Atrocities 24 Emory International Law Review 671 (2010) Law Review Articles and Other Secondary Sources   It has become fashionable as of late to hold corporations accountable for the evils they do. The common-sense underpinning of this trend is undeniable: all individuals should be held accountable for their actions--good or bad. And, as corporations are juridical persons, they should be treated as natural persons as far as the law and factual reality... 2010  
Brian Gilmore Home Is Where the Hatred Is: a Proposal for a Federal Housing Administration Truth and Reconciliation Commission 10 University of Maryland Law Journal of Race, Religion, Gender and Class 249 (Fall 2010) Law Review Articles and Other Secondary Sources   Reconciliation is not about being cosy; it is not about pretending that things were other than they were. Reconciliation based on falsehood, on not facing up to reality, is not true reconciliation and will not last. -Archbishop Desmond Tutu The real story of the meaning of race in modern America, however, must include a serious consideration of... 2010  
Gregory Scott Crespi How Recognizing the Endogeneity of Identity Renders the Discounting Debate Largely Irrelevant 30 Journal of Land, Resources, and Environmental Law 75 (2010) Law Review Articles and Other Secondary Sources   Many social policies require the substantial commitment of resources in order to provide benefits for future generations. Conventional policy assessment by the usual willingness to pay valuation criterion raises the issues of whether the future benefits of a policy should first be discounted to a smaller present value before comparison with its... 2010  
David Dante Troutt I Own Therefore I Am: Copyright, Personality, and Soul Music in the Digital Commons 20 Fordham Intellectual Property, Media and Entertainment Law Journal 373 (Winter 2010) Law Review Articles and Other Secondary Sources   Introduction. 374 I. Theoretical Conceptions of Copyright Authorship and Artistic Personality. 380 A. Labor, Utility and the Economic Author . 381 B. Authorial Personality. 386 C. The Hegelian Turn and the Author's Personhood. 389 D. The Musician's Personality Interest and Appropriative Harm. 390 II. Ownership Capture, Black Musical Authors, and... 2010  
Rebecca Tushnet I Put You There: User-generated Content and Anticircumvention 12 Vanderbilt Journal of Entertainment and Technology Law 889 (Summer 2010) Law Review Articles and Other Secondary Sources   This Article discusses recent rulemaking proceedings before the Copyright Office concerning the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA). During these proceedings, non-institutionally affiliated artists organized to assert their interests in making fair use of existing works, adding new voices to the debate. A... 2010  
Roy L. Brooks, Kirsten Widner In Defense of the Black/white Binary: Reclaiming a Tradition of Civil Rights Scholarship 12 Berkeley Journal of African-American Law & Policy 107 (2010) Law Review Articles and Other Secondary Sources   One of the central tenets of several legal theories that oppose the received tradition in Anglo-American law--particularly, Critical Race Theory as configured primarily by Richard Delgado and Jean Stefancic, Latino/a Critical Legal Studies (LatCrit), Asian/Crit Theory, and QueerCrit Theory (hereinafter collectively referred to as critical theory... 2010  
Palma Joy Strand Inheriting Inequality: Wealth, Race, and the Laws of Succession 89 Oregon Law Review 453 (2010) Law Review Articles and Other Secondary Sources   I. Wealth Inequalities, Race, and Inheritance. 457 A. Wealth Inequality. 458 B. Racial Wealth Disparities. 461 C. The Role of Inheritance in Wealth Inequalities. 464 II. Race and Wealth. 468 A. Present (and Future) Wealth Effects. 469 B. Past Sources of Wealth Effects. 473 III. The Law of Deep Inequality . 478 A. Race Neutrality: An Obvious... 2010  
Brian A. Kritz International Legal Protection for Women and Female Children: Rwanda -- a Case Study 33 Suffolk Transnational Law Review Rev. 1 (Winter 2010) Law Review Articles and Other Secondary Sources   I deplore the fact that sexual and gender-based violence continues to be used as a weapon of war in African conflicts . . . Every effort must be made to halt this odious practice, and bring the perpetrators to justice. -- Kofi Annan, United Nations Secretary-General, 7 July 2004 Much attention has been paid to violence against women and female... 2010  
Michael A. Panton Japan's Article 9: Rule of Law v. Flexible Interpretation 24 Temple International and Comparative Law Journal 129 (Spring 2010) Law Review Articles and Other Secondary Sources   I. Introduction. 130 II. A Political Shift with the Rise of the Liberal Democratic Party. 133 III. The Rule of Law v. Flexible Interpretation. 138 IV. What Drives and Inhibits Reform. 144 A. What Drives Reform. 145 1. Nationalism. 145 2. U.S. Pressure and Security Alliances. 149 3. Regional Fears. 150 a. North Korea. 151 b. China. 153 4.... 2010  
Diane Marie Amann John Paul Stevens and Equally Impartial Government 43 U.C. Davis Law Review 885 (February, 2010) Law Review Articles and Other Secondary Sources   Justice John Paul Stevens's embrace of race-conscious measures to ensure continued diversity stands in tension with his early rejections of affirmative action programs. The contrast suggests a linear movement toward a progressive interpretation of the Constitution's equality guarantee; however, examination of Stevens's writings in biographical... 2010  
William B. Gould IV Labor Law Beyond U.s. Borders: Does What Happens Outside of America Stay Outside of America? 21 Stanford Law and Policy Review 401 (2010) Law Review Articles and Other Secondary Sources   This Article examines issues of extraterritoriality that have arisen in American labor law, resistance to such legal extension in Canada and Great Britain, and the law of the nation-state inside of the United States and its potential for being influenced from abroad. Specifically, I focus on some of the labor case law that has emerged under the... 2010  
Reuel Schiller Law, Liberalism, and the New History of the Civil Rights Movement Sweet Land of Liberty: the Forgotten Struggle for Civil Rights in the North. By Thomas J. Sugrue. New York: Random House. 2008. Pp. Xxviii, 688. $35.00 61 Hastings Law Journal 1257 (May, 2010) Law Review Articles and Other Secondary Sources   I'm watching an episode of That's So Raven, a sitcom produced by the Disney Corporation. This is a rather unusual undertaking for me, but I'm stuck on an exercycle at a suburban health club and it's what happens to be on the giant, flat-screen T.V. that is positioned directly in front of me. The title character, Raven, is the older of two children... 2010  
Herbert R. Reginbogin Litigating Genocide of the past 32 Loyola of Los Angeles International and Comparative Law Review 83 (Winter 2010) Law Review Articles and Other Secondary Sources   Who are you? A number. Your name? Gone. Blown away. Into the sky. Look up there. The sky is black, black with names. -by Nobel Prize laureate Elie Wiesel This article discusses the ethical, philosophical, and moral issues of litigating historic mass violations of human rights. Should there be a limit to attempts to redress historically wrongful... 2010  
Ruqaiijah Yearby Litigation, Integration, and Transformation: Using Medicaid to Address Racial Inequities in Health Care 13 Journal of Health Care Law and Policy 325 (2010) Law Review Articles and Other Secondary Sources   Preface. 326 Introduction. 328 I. Empirical Data of Racial Inequities Due to Racial Discrimination. 336 A. Delay of Access to Nursing Home Services in a Reasonably Prompt Manner. 338 B. Denial of Admission to Quality Nursing Homes. 340 C. Inequities in the Quality of Nursing Home Care Provided to African Americans. 343 II. Civil Rights Failures in... 2010  
Lee Harris Missing in Activism: Retail Investor Absence in Corporate Elections 2010 Columbia Business Law Review 104 (2010) Law Review Articles and Other Secondary Sources   Shareholder-led campaigns to install new leadership at U.S. firms--so-called proxy contests--occur too rarely and, when they do occur, are led by the same, boring cast of characters too often. This Article presents empirical evidence from a hand-collected database of public filings of proxy statements from 2006 to 2008--the years public filings are... 2010  
Ellis Washington Natural Law Considerations of Juvenile Law 32 Whittier Law Review 57 (Fall 2010) Law Review Articles and Other Secondary Sources   This article is a substantive analysis of juvenile law as well as a tracing of the legal, philosophical, social, and historical backgrounds of juvenile law, which is an outgrowth of the so-called Progressive movement, a popular political movement that was a radical response to the vast changes brought by industrialization. This article will trace... 2010  
Neil Gotanda New Directions in Asian American Jurisprudence 17 Asian American Law Journal L.J. 5 (2010) Law Review Articles and Other Secondary Sources   Preface. 6 I. Introduction. 7 An Explanation of Terms: Narratives and Stereotypes. 10 II. Locating Asian American Jurisprudence in Legal Scholarship. 11 A. Asian American Identity. 11 1. Identification and Identity Projects. 12 2. Three Asian American Identity Projects. 14 B. Interrogation of Legal Materials. 17 1. Three Asian American Historical... 2010  
Rebecca A. Hart No Exceptions Made: Sexual Assault Against Native American Women and the Denial of Reproductive Healthcare Services 25 Wisconsin Journal of Law, Gender & Society 209 (Fall 2010) Law Review Articles and Other Secondary Sources   Introduction. 211 I. Sexual Assault in Indian Country. 216 A. The Epidemic of Sexual Assault in Indian Country. 216 B. The Federal Trust Relationship and Criminal Jurisdiction in Indian Country. 217 i. Federal and Tribal Criminal Jurisdiction over Sexual Assault Committed by a Native American. 218 ii. Federal and Tribal Criminal Jurisdiction over... 2010  
Barry A. Fisher Notes from the World War Ii Redress Trenches: the Disparate Treatment of Victims East and West 32 Loyola of Los Angeles International and Comparative Law Review 95 (Winter 2010) Law Review Articles and Other Secondary Sources   As the twentieth century ended, Japan's former wartime allies, Germany and Austria, along with the principal Swiss banks, made efforts to close the historical book on their stained pasts. They settled the remaining claims of Holocaust victims for some $7 billion, with acknowledgments and apologies for their past misdeeds. These settlements were the... 2010  
Paul Butler One Hundred Years of Race and Crime 100 Journal of Criminal Law and Criminology 1043 (Summer 2010) Law Review Articles and Other Secondary Sources   This Article considers the evolution of thinking about criminal justice and racial justice over the last one hundred years. If I were writing about race and crime in 1910, the year the Journal of Criminal Law and Criminology was founded, the problem that I would have focused on would be lynchings, which were sometimes an extra-legal response to... 2010  
Sarah Willig Politics as Usual? The Political Question Doctrine in Holocaust Restitution Litigation 32 Cardozo Law Review 723 (November, 2010) Law Review Articles and Other Secondary Sources   Michael Vogel was deported to Auschwitz with his parents and four siblings in 1942. Upon arrival, Nazi guards stripped them of their gold possessions and other valuables. The Nazis then sent Vogel's mother and two of his siblings to the gas chambers, and forced the rest of the family to perform slave labor. Vogel was assigned to search for valuable... 2010  
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