| Author | Title | Citation | Document Type | Status | Summary | Year |
| Bekah Mandell |
Racial Reification and Global Warming: a Truly Inconvenient Truth |
28 Boston College Third World Law Journal 289 (Spring, 2008) |
Law Review Articles and Other Secondary Sources |
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Abstract: Scientists have warned of the dangers of climate change for decades, yet no meaningful steps have been taken to address its underlying causes; instead, ineffective strategies to reduce CO2 emissions incrementally have become popular because they do not disturb the racial hierarchy that sustains the social, economic, and legal structure of... |
2008 |
| Danielle Boaz |
Religious Reparations from the Trans-atlantic Slave Trade: Forming Demons, Cults, and Zombies to Justify Black Enslavement |
20 Saint Thomas Law Review 604 (Spring 2008) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 605 II. The Historical Source of the Problem. 606 A. Christianity as a Justification for Slavery. 606 B. Colonial Laws Requiring Slave Conversion. 607 C. Colonial Laws Prohibiting Practice of African Religions. 607 III. Relevant International Principles. 609 IV. Projection of Future Trends. 612 V. Recommendation. 615 A. The... |
2008 |
| Kimberly Breedon |
Remedial Problems at the Intersection of the Political Question Doctrine, the Standing Doctrine, and the Doctrine of Equitable Discretion |
34 Ohio Northern University Law Review 523 (2008) |
Law Review Articles and Other Secondary Sources |
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In 2005, the United States District Court for the Southern District of New York applied the political question doctrine to dismiss a common law public nuisance action against certain domestic electrical power companies. The plaintiffs had sought an injunction to abate the companies' contribution to global warming by requiring them to reduce their... |
2008 |
| Clare Huntington |
Repairing Family Law |
57 Duke Law Journal 1245 (March, 2008) |
Law Review Articles and Other Secondary Sources |
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Scholars in the burgeoning field of law and emotion have paid surprisingly little attention to family law. This gap is unfortunate because law and emotion has the potential to bring great insights to family law. This Article begins to fill this void--and inaugurate a larger debate about the central role of emotion in family law--by exploring the... |
2008 |
| Dinah Shelton, Of the Board of Editors |
Repairing the Past? International Perspectives on Reparations for Gross Human Rights Abuses. Edited by Max du Plessis and Stephen Peté. Antwerp: Intersentia, 2007. Pp. Xix, 455. €89 |
102 American Journal of International Law 917 (October, 2008) |
Law Review Articles and Other Secondary Sources |
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History is filled with episodes of genocide, slavery, torture, forced conversions, and mass expulsions. These episodes remain alive in the memory of many people and sometimes resurge as a background to modern conflicts. Even the existence and boundaries of most modern states are the result of past acts and omissions that would be unlawful today... |
2008 |
| Lorie M. Graham |
Reparations, Self-determination, and the Seventh Generation |
21 Harvard Human Rights Journal 47 (Winter 2008) |
Law Review Articles and Other Secondary Sources |
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In each deliberation, we must consider the impact of our decisions on the next seven generations. --Great Law of the Haudenosaunee [T]he grandmothers and grandfathers . . . thought about us as they lived, confirmed in their belief of a continuing life . . . . --Simon Ortiz, Poet and Writer Indigenous teachings on law and family help define our... |
2008 |
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Reply Brief of Appellant |
(1/12/2008) |
Briefs |
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Respectfully, defendant's brief seems to ignore the fact that this case was decided on a motion for summary judgment and, therefore, the Court must review the evidence presented in the... |
2008 |
| |
Reply Brief of Appellant |
(5/29/2008) |
Briefs |
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The sole basis for the District Court's decision that § 354.3 is unconstitutional was the Ninth Circuit's decision in Deutsch, which struck down California's WWII slave labor statute... |
2008 |
| Jocelyn E. Getgen |
Reproductive Injustice: an Analysis of Nicaragua's Complete Abortion Ban |
41 Cornell International Law Journal 143 (Winter 2008) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 144 I. Unsafe Abortion. 146 A. The Global Context. 146 B. The Latin American Context. 149 II. Nicaragua: A Case Study. 151 A. Political Context Leading to Complete Abortion Ban. 152 1. Rosita's Case. 152 2. Revisiting Therapeutic Abortion at Elections. 154 B. Responses to Nicaragua's Complete Abortion Ban. 155 III. Complete Abortion... |
2008 |
| Jennifer Gordon , R.A. Lenhardt |
Rethinking Work and Citizenship |
55 UCLA Law Review 1161 (June, 2008) |
Law Review Articles and Other Secondary Sources |
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This Article advances a new approach to understanding the relationship between work and citizenship that comes out of research on African American and Latino immigrant low-wage workers. Media accounts typically portray African Americans and Latino immigrants as engaged in a pitched battle for jobs. Conventional wisdom suggests that the source of... |
2008 |
| Cedric Merlin Powell |
Rhetorical Neutrality: Colorblindness, Frederick Douglass, and Inverted Critical Race Theory |
56 Cleveland State Law Review 823 (2008) |
Law Review Articles and Other Secondary Sources |
|
I. L2-5,T5Introduction 824 II. L2-5,T5Rhetorical Neutrality 831 A. L3-5,T5The Underlying Myths 831 1. L4-5,T5The Historical Myth 831. 2. L4-5,T5The Definitional Myth 838. 3. L4-5,T5The Rhetorical Myth 845. B. L3-5,T5Justice O'Connor's Doctrinal Approach 859 1. L4-5,T5Wygant: Rejection of the Role Model Theory 862. 2. L4-5,T5Croson: Particularized... |
2008 |
| Michael W. Doyle, Geoffrey S. Carlson |
Silence of the Laws? Conceptions of International Relations and International Law in Hobbes, Kant, and Locke |
46 Columbia Journal of Transnational Law 648 (2008) |
Law Review Articles and Other Secondary Sources |
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This Essay explains how the political theorists Hobbes, Kant, and Locke interpret the decision to go to war (jus ad bellum) and the manner in which the war is conducted (just in bello). It also considers the implications of the three theories for compliance with international law more generally. It concludes that although all three can lay claim to... |
2008 |
| Kimberly L. Alderman |
Slave Artists as Powerful Reality Creators : Taking Responsibility and Rejecting Race Consciousness |
33 Thurgood Marshall Law Review 261 (Spring, 2008) |
Law Review Articles and Other Secondary Sources |
|
This article critiques the race conscious thinking inherent in Critical Race Theory (CRT) and offers an alternative to structuralism and determinism. It reviews the colonial origins of race consciousness, and argues that advocating race conscious remedies perpetuates the very racism CRT decries. The article focuses on powerful reality creators of... |
2008 |
| Maxine D. Goodman |
Slipping Through the Gate: Trusting Daubert and Trial Procedures to Reveal the 'Pseudo-historian' Expert Witness and to Enable the Reliable Historian Expert Witness--troubling Lessons from Holocaust-related Trials |
60 Baylor Law Review 824 (Fall 2008) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 825 II. Historian Expert Witnesses' Prominence in United States Courtrooms. 831 III. Daubert--Screening Historians for Admissibility at Trial in the United States. 836 IV. David Irving--The Pseudo-Historian Revealed: A Tale of Two (Actually Three) Trials. 839 A. Irving v. Lipstadt. 840 1. Professor Robert Jan van Pelt. 845 2. Judge... |
2008 |
| Jamie Rowen |
Social Reality and Philosophical Ideals in Transitional Justice |
7 Cardozo Public Law, Policy and Ethics Journal 93 (Fall 2008) |
Law Review Articles and Other Secondary Sources |
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Introduction. 93 I. Transitional Justice and Legal Philosophy. 96 A. Transitional Justice as Instrumentalism. 96 B. Law's Foundations. 97 C. Authority and Community in Bosnia. 101 II. Transitional Justice in Bosnia. 104 A. ICTY. 104 B. War Crimes Chamber. 107 C. Truth Commission. 110 III. Implications. 113 A. Transitional Justice in Bosnia: Some... |
2008 |
| Sergio J. Campos |
Subordination and the Fortuity of Our Circumstances |
41 University of Michigan Journal of Law Reform 585 (Spring 2008) |
Law Review Articles and Other Secondary Sources |
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The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular... |
2008 |
| Daniel A. Farber |
The Case for Climate Compensation: Justice for Climate Change Victims in a Complex World |
2008 Utah Law Review 377 (2008) |
Law Review Articles and Other Secondary Sources |
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The United States, the wealthiest country in the world, contributes far more than its share of greenhouse gases. It is now clear that these emissions have caused serious risks to the world as a whole, particularly the poorest nations. This raises two questions. First, does the United States have a moral duty to impose reasonable curbs on its future... |
2008 |
| Gregory Scott Crespi |
The Fatal Flaw of Cost-benefit Analysis: the Problem of Person-altering Consequences |
38 Environmental Law Reporter News & Analysis 10703 (October, 2008) |
Law Review Articles and Other Secondary Sources |
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Editors Summary: Cost-benefit analysis, which is now the dominant approach in American public-sector decisionmaking, suffers from a serious and perhaps even fatal flaw that is unfortunately not widely recognized. Any social policy, among its other impacts, will also have person-altering consequences in that it will have geometrically cascading... |
2008 |
| Áine Durkin |
The German Foundation Agreement: a Nonexclusive Remedy and Forum |
42 U.C. Davis Law Review 567 (December, 2008) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 569 I. Background. 572 A. Historical Background of Holocaust Victims' Claims. 573 B. The Foundation Agreement Negotiations. 575 C. The Requirement of Legal Peace. 577 D. The Berlin Accords. 579 E. The Foundation Today. 581 II. State of the Law. 582 A. Judicial Deference to the Executive Branch in Foreign Affairs. 583 B. The Third... |
2008 |
| Aaron Lazare |
The Healing Forces of Apology in Medical Practice and Beyond |
57 DePaul Law Review 251 (Winter 2008) |
Law Review Articles and Other Secondary Sources |
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This Article presents a behavioral analysis of the apology process and its recent application to medical practice, an area in which apologies are rapidly growing in importance. Beginning in the early 1990s, there was a surge of academic and public interest in apologies. That surge continues today. Sociologists, social psychologists, and other... |
2008 |
| Graham P. Shaffer |
The Leesburg Stockade Girls: Why Modern Legislatures Should Extend the Statute of Limitations for Specific Jim-crow-era Reparations Lawsuits in the Wake of Alexander v. Oklahoma |
37 Stetson Law Review 941 (Spring 2008) |
Law Review Articles and Other Secondary Sources |
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Bleeding, battered, many missing shoes or other articles of clothing, the girls, some as young as ten, none older than sixteen, were stolen away under the cover of nightfall, hauled out of town, and secretly transferred to a dilapidated stockade in a remote corner of the countryside. There they would be held, under lock and key and at gunpoint, for... |
2008 |
| Adam Clanton |
The Men Who Would Be King: Forgotten Challenges to U.s. Sovereignty |
26 UCLA Pacific Basin Law Journal L.J. 1 (Fall 2008) |
Law Review Articles and Other Secondary Sources |
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If you wanted to start your own country, would you know where to begin? Is it better to secede from the country in which you live, to get on a boat and set sail for land as yet unclaimed, or to conquer what someone else regards as their country? This article is dedicated to the curiosity of the micronation - experiments in creating small... |
2008 |
| D. Aaron Lacy |
The Most Endangered Title Vii Plaintiff?: Exponential Discrimination Against Black Males |
86 Nebraska Law Review 552 (2008) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 552 II. The Development of the Exponential Argument. 558 III. The Black Male: The Case for a Special Category. 564 IV. The Current Predicament: The Affects of Stereotypes and Exponential Discrimination on Black Men. 568 V. Exponential Claims in Modern Law. 580 A. Statutory Support for Exponential Claims. 580 B. Analysis of an... |
2008 |
| Brian Gilmore , Adrienne Decuire , Edward Davis , Tamar Meekins |
The Nightmare on Main Street for African-americans: a Call for a New National Policy Focus on Homeownership |
10 Berkeley Journal of African-American Law & Policy 262 (2008) |
Law Review Articles and Other Secondary Sources |
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Discrimination against African Americans in housing has been a long-standing reminder of America's racist history. It is therefore, no accident that the latest crisis in the housing market can be directly linked to racially discriminatory housing practices forged over the last decade. After a decade of record growth, the rampant predatory lending... |
2008 |
| S. Willoughby Anderson |
The past on Trial: Birmingham, the Bombing, and Restorative Justice |
96 California Law Review 471 (April, 2008) |
Law Review Articles and Other Secondary Sources |
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Since 1989, state and national law enforcement authorities have reopened or begun investigations into at least eighteen civil rights-era murders across the South. Of those, seven cases resulted in murder or manslaughter convictions. In almost as many cases, one or more of the primary suspects had already died. Most other civil rights-era cases can... |
2008 |
| Matthew L.M. Fletcher |
The Supreme Court and the Rule of Law: Case Studies in Indian Law |
55-APR Federal Lawyer 26 (March/April,) |
Law Review Articles and Other Secondary Sources |
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This constitutional system floats on a sea of public acceptance. --Justice Breyer Federal Indian law has had a strange history that dates back to the foundational cases known as the Marshall Trilogy. Even though observers subject federal Indian law to rightful criticisms about the use of law to legitimize a colonial state, the dispossession of... |
2008 |
| Matthew L.M. Fletcher |
The Supreme Court's Indian Problem |
59 Hastings Law Journal 579 (February, 2008) |
Law Review Articles and Other Secondary Sources |
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[These] matters [are] more likely to arouse the judicial libido--voting rights, antidiscrimination laws, or environmental protection, to name only a few . . . . -- Justice Scalia [T]he Supreme Court sort of makes it up as they go along. -- Judge Roger L. Wollman This constitutional system floats on a sea of public acceptance. -- Justice Breyer What... |
2008 |
| Dannye Holley |
The Supreme Courts: Did September 11th Accelerate Their Sanctioning the Constitutionality of Criminalizing Suspicion? |
7 Pierce Law Review 39 (December, 2008) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 40 A. Background. 40 B. Definitions. 42 II. Hiibel versus Pre-Hiibel: U.S. Supreme Court Precedent on the Constitutionality of Criminalizing Suspicion & Post-Hiibel Reaction to that decision by the Supreme Courts, State Legislatures, and Commentators. 45 A. Comparison of Hiibel with Pre-Hiibel U.S. Supreme Court Precedent on the... |
2008 |
| Gabriel J. Chin , Randy Wagner |
The Tyranny of the Minority: Jim Crow and the Counter-majoritarian Difficulty |
43 Harvard Civil Rights-Civil Liberties Law Review 65 (Winter, 2008) |
Law Review Articles and Other Secondary Sources |
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Modern constitutional law and scholarship rests on a conceptual mistake: thinking of African Americans as a minority. Scholars and courts routinely characterize African Americans as minorities who, in various ways in the past or present, were discriminated against by a hostile or indifferent majority. Typical is Justice Harlan's reassurance, in his... |
2008 |
| Chandan Reddy |
Time for Rights? Loving, Gay Marriage, and the Limits of Legal Justice |
76 Fordham Law Review 2849 (May, 2008) |
Law Review Articles and Other Secondary Sources |
|
The only historian capable of fanning the spark of hope in the past is the one who is firmly convinced that even the dead will not be safe from the enemy if he is victorious. And this enemy has never ceased to be victorious. -- Walter Benjamin The document is not the fortunate tool of a history that is primarily and fundamentally memory; history is... |
2008 |
| Enola G. Aird |
Toward a Renaissance for the African-american Family: Confronting the Lie of Black Inferiority |
58 Emory Law Journal L.J. 7 (Fall 2008) |
Law Review Articles and Other Secondary Sources |
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How do we extinguish--once and for all--the lie of black inferiority that continues to undermine the ability of black people to love themselves and to love each other? That, in my view, is the hardest question regarding law, religion, and the African-American family that will have to be faced over the next twenty-five years. Like all families in... |
2008 |
| K.J. Greene |
Trademark Law and Racial Subordination: from Marketing of Stereotypes to Norms of Authorship |
58 Syracuse Law Review 431 (2008) |
Law Review Articles and Other Secondary Sources |
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Introduction. 431 I. Trademark Law Racial Dynamics. 433 A. Economic Analysis, Trademark Law and Racial Dynamics. 434 B. Trademark and Racial Classifications. 436 C. Section 2 of the Lanham Act and the Marketplace of Racial Norms. 437 D. Moral Rights and Trademark Law. 438 E. A History of Distortion by Stereotyping. 440 F. Stereotyping as a... |
2008 |
| Derek W. Black |
Turning Stones of Hope into Boulders of Resistance: the First and Last Task of Social Justice Curriculum, Scholarship, and Practice |
86 North Carolina Law Review 673 (March, 2008) |
Law Review Articles and Other Secondary Sources |
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The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors' approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social... |
2008 |
| Alan M. Dershowitz |
Visibility, Accountability and Discourse as Essential to Democracy: the Underlying Theme of Alan Dershowitz's Writing and Teaching |
71 Albany Law Review 731 (2008) |
Law Review Articles and Other Secondary Sources |
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I have been writing about the law and justice for half a century. My first published law review piece appeared in 1960 as a student note in the Yale Law Journal. Since that time, I have published nearly thirty books and hundreds of articles covering a wide range of legal, philosophical, historical, psychological, biblical, military, educational,... |
2008 |
| Nicholas S. Richard |
Waivers of Individual Claims via Treaty: Chinese Slave Laborers, Japanese Jurisprudence, and the Solution of the European Court of Human Rights |
34 Brooklyn Journal of International Law 239 (2008) |
Law Review Articles and Other Secondary Sources |
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With controversial and limited exceptions, international law provides sovereign governments with the ability to waive the claims of their citizens that arise out of war or international conflict. Nations often dispense with individual claims for war reparations or compensation by means of peace treaties with other nations, which establish the... |
2008 |
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Warren R. Watkins' Motion for Reconsideration of Order Denying Motion for Office of Public Advocacy |
(6/16/2008) |
Trial Court Documents |
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Warren R. Watkins*, on behalf of Monarch Community Improvement Center, Motion for reconsideration of Court ORDER denying Motion for Office of Public Advocacy because movant is without... |
2008 |
| Richard Delgado , Jean Stefancic |
What If John Calmore Had a Latino/a Sibling? |
86 North Carolina Law Review 769 (March, 2008) |
Law Review Articles and Other Secondary Sources |
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Over the course of a long career, John Calmore has addressed a host of issues having to do with housing for minority communities, particularly African Americans. These issues include redlining (refusal to extend credit or insurance for housing in black areas), segregation, and substandard municipal services. Although Calmore's work is pathbreaking,... |
2008 |
| Ariela Gross |
When Is the Time of Slavery? The History of Slavery in Contemporary Legal and Political Argument |
96 California Law Review 283 (February, 2008) |
Law Review Articles and Other Secondary Sources |
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The freed slaves then began another journey, this time not from captivity to slavery, but from slavery to citizenship and equality under the law. In re African American Slave Descendant Litigation [S]lavery itself did not end in 1865, as is commonly believed, but rather extended into the twentieth century. Randall Robinson, The Debt: What... |
2008 |
| Rita K. Lomio |
Working Against the Past: the Function of American History of Race Relations and Capital Punishment in Supreme Court Opinions |
9 Journal of Law in Society 163 (Winter, 2008) |
Law Review Articles and Other Secondary Sources |
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Memory of the past permeates criminal trials. This is particularly true in capital cases. In such cases, the history of capital punishment in America is ever-present, inevitably intertwined with a history of race relations. Physical trappings of the past can be found in courtroom paraphernalia. A history professor, for example, took the stand in... |
2008 |
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Wright v. Apple Creek Development Center |
Not Reported in F.Supp.2d, United States District Court, N.D. Ohio, Eastern Division. (3/24/2008) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
Defendant, Apple Creek Development Center (Apple Creek) has moved for summary judgment in this matter seeking dismissal of plaintiff Sandra K. Wright's complaint. Plaintiff Sandra K. Wright, an African-American female, filed her complaint pro se against her former employer Apple Creek pursuant to 42 United States Code § 2000e et seq. (Title... |
2008 |
| John Martinez |
Wrongful Convictions as Rightful Takings: Protecting "Liberty-property" |
59 Hastings Law Journal 515 (February, 2008) |
Law Review Articles and Other Secondary Sources |
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When . . . by a misguided or mistaken operation of the governmental machine there is a miscarriage of justice and the helpless innocent is actually convicted, the public conscience is and ought to be revolted and dismayed. The least the community can do to repair the irreparable, is to appease the public conscience by making such restitution as it... |
2008 |
| Mark A. Levin, William S. Richardson School of Law |
|
102 American Journal of International Law 148 (January, 2008) |
Law Review Articles and Other Secondary Sources |
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The panoply of claims against Japan and Japanese parties arising from wartime acts in the mid-twentieth century remains a pressing matter of diplomacy, international affairs, economic affairs, and domestic politics for the many nations involved in Imperial Japan's fifteen-year wars in Asia and the Pacific. One strand in this tangled web--involving... |
2008 |
| Angela Onwuachi-Willig |
A Beautiful Lie: Exploring Rhinelander v. Rhinelander as a Formative Lesson on Race, Identity, Marriage, and Family |
95 California Law Review 2393 (December, 2007) |
Law Review Articles and Other Secondary Sources |
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During the mid-1920s, the story of the courtship, marriage, and separation of Alice Beatrice Jones and Leonard Kip Rhinelander astounded the American public, especially the citizens of New York and black Americans across the country. Alice, a chambermaid and the racially mixed daughter of English immigrants who had worked as servants on a large... |
2007 |
| S. Alan Ray |
A Race or a Nation? Cherokee National Identity and the Status of Freedmen's Descendants |
12 Michigan Journal of Race and Law 387 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
|
Critics of tribal sovereignty increasingly point to perceived contradictions between the egalitarian ideals of modern democracies and the citizenship criteria of Indian nations to argue for diminished tribal sovereign immunity and increased federal intervention in Indian affairs. When tribal nations employ citizenship criteria based on Indian... |
2007 |
| Zachary F. Bookman |
A Role for Courts in Reparations |
20 National Black Law Journal 75 (2006-2007) |
Law Review Articles and Other Secondary Sources |
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While plaintiffs may be justified in seeking redress for past and present injuries, it is not within the jurisdiction of this Court to grant the requested relief. The legislature, rather than the judiciary, is the appropriate forum for plaintiff's grievances. -Judge Pamela Rymer (9th Circuit) The term reparations' generally refers to payments (in... |
2007 |
| Christine L. Jones |
Affirmative Action and Land-grant Universities in the Millennium: When Will We Fulfill the Original Promise? |
10 University of the District of Columbia Law Review Rev. 1 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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On the occasion of the Bicentennial of the Constitution, Associate Supreme Court Justice Thurgood Marshall observed that the Constitution's framers - even those with anti-slavery convictions - made compromises that enshrined and protected slavery and the slave trade, all without ever mentioning the words slave or slavery in the final document.... |
2007 |
| Girardeau A. Spann |
Affirmative Inaction |
50 Howard Law Journal 611 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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INTRODUCTION. 612 I. SUNSET ON AFFIRMATIVE ACTION. 613 A. Twenty-Five Years. 613 1. Rhetorical Surplus. 614 2. Instrumental Concerns. 618 3. Possible Holding. 621 B. The Substance of Dicta. 622 1. White Entitlement. 623 2. Minority Culpability. 627 3. Racial Parity. 631 II. INVIDIOUS EQUALITY. 635 A. Constitutionalizing the Status Quo. 636 1.... |
2007 |
| Eric K. Yamamoto , Sandra Hye Yun Kim , Abigail M. Holden |
American Reparations Theory and Practice at the Crossroads |
44 California Western Law Review Rev. 1 (Fall 2007) |
Law Review Articles and Other Secondary Sources |
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Slowed by controversial legal claims, skeptical judges, and flagging mainstream public support, American reparations theory and practice stand at a crossroads. The path they next traverse will likely determine the long-term viability of reparations claims, not only for African Americans, but also for anyone suffering the persistent wounds of... |
2007 |
| Jenny Rivera |
An Equal Protection Standard for National Origin Subclassifications: the Context That Matters |
82 Washington Law Review 897 (November, 2007) |
Law Review Articles and Other Secondary Sources |
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Abstract: The Supreme Court has stated, [c]ontext matters when reviewing race-based governmental action under the Equal Protection Clause. Judicial review of legislative race-based classifications has been dominated by the context of the United States' history of race-based oppression and consideration of the effects of institutional racism.... |
2007 |
| Svetlana Meyerzon Nagiel |
An Overlooked Gateway to Victim Compensation: How States Can Provide a Forum for Human Rights Claims |
46 Columbia Journal of Transnational Law 133 (2007) |
Law Review Articles and Other Secondary Sources |
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This Note argues that state statutory and common law causes of action are viable alternatives to the Alien Tort Statute (ATS). After discussing the challenges to bringing ATS claims in federal court, this Note examines cases brought against corporations and individuals for human rights violations under state law. Although state law claims are not... |
2007 |