AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Michael A. Panton Politics, Practice and Pacifism: Revising Article 9 of the Japanese Constitution 11 Asian-Pacific Law and Policy Journal 163 (2010) Law Review Articles and Other Secondary Sources   I. Introduction. 164 L1-2Part I . L3167 II. The Historical Origins of Article 9. 167 A. The Realities of War. 169 III. U.S. Foreign Policy in Asia After WWII. 173 A. The Soviet Union, China, and the Cold War. 173 B. Korea: Ideological showdown at the Thirty-eighth Parallel. 177 IV. The Paradox of Article 9. 178 L1-2Part II . L3182 V. Attempts at... 2010  
Alex Reinert Procedural Barriers to Civil Rights Litigation and the Illusory Promise of Equity 78 UMKC Law Review 931 (Summer, 2010) Law Review Articles and Other Secondary Sources   Civil rights litigation is, by many accounts, in a precarious state. One well-placed observer anticipates the demise of litigation pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics. The Court's decision in Ashcroft v. Iqbal, has the potential to impose significant pleading barriers for most claims brought under civil... 2010  
Bernadette Atuahene Property and Transitional Justice 58 UCLA Law Review Discourse 65 (2010) Law Review Articles and Other Secondary Sources   Transitional justice is the study of the mechanisms employed by communities, states, and the international community to promote social reconstruction by addressing the legacy of systematic human rights abuses and authoritarianism. The transitional justice literature discussing how states can address past civil and political rights violations... 2010  
Bernadette Atuahene Property Rights & the Demands of Transformation 31 Michigan Journal of International Law 765 (Summer 2010) Law Review Articles and Other Secondary Sources   I. Introduction. 766 A. Literature Review. 769 B. Developing the Transformative Conception. 771 II. Past Property Theft Can Destabilize the Current State: The Case of Southern Africa. 773 A. The History of Property Theft in Southern Africa. 776 B. The Case for Land Reform in Southern Africa. 778 C. Beyond Southern Africa: A Global Perspective. 780... 2010  
Timothy R. Robicheaux, Brian H. Bornstein , University of Nebraska-Lincoln Punished, Dead or Alive: Empirical Perspectives on Awarding Punitive Damages Against Deceased Defendants 16 Psychology, Public Policy, and Law 393 (November, 2010) Law Review Articles and Other Secondary Sources   Punitive damages are a tool for punishing defendants who engage in reckless and wanton behaviors that cause injury to others. As with criminal punishment, goals of punitive damages include retribution, specific deterrence, and general deterrence. Unlike criminal punishment, however, some courts allow punitive damages to follow the death of... 2010  
George A. Martinez Race, American Law and the State of Nature 112 West Virginia Law Review 799 (Spring, 2010) Law Review Articles and Other Secondary Sources   L1-2Abstract L3799 I. Introduction. 800 II. State of Nature Theory: Hobbes and Spinoza. 802 A. Hobbes. 803 B. Spinoza. 805 III. Racial Minorities in the State of Nature. 806 A. African-Americans and the State of Nature. 806 B. Native Americans and the State of Nature. 811 C. Mexican-Americans and Lack of Constraint. 815 D. Immigration and Plenary... 2010  
Margaret Chon Remembering and Repairing: the Error Before Us, in Our Presence 8 Seattle Journal for Social Justice 643 (Spring/Summer, 2010) Law Review Articles and Other Secondary Sources   All legal restrictions which curtail the civil rights of a single racial group are immediately suspect and must be rigidly scrutinized, though not all of them are necessarily unconstitutional. Purely legal approaches toward reparations suffer from theoretical limitations, which range from the technical requirements of framing successful claims to... 2010  
William A. Schabas Retroactive Application of the Genocide Convention 4 University of St. Thomas Journal of Law & Public Policy 36 (Spring, 2010) Law Review Articles and Other Secondary Sources   The Convention for the Prevention and Punishment of the Crime of Genocide was adopted on December 9, 1948, and entered into force on January 11, 1951. It defines the crime of genocide and sets out various norms governing its punishment, as well as establishing the jurisdiction of the International Court of Justice in the matter of disputes about... 2010  
Naomi Cahn, Dina Haynes, Fionnuala Ní Aoláin Returning Home: Women in Post-conflict Societies 39 University of Baltimore Law Review 339 (Spring 2010) Law Review Articles and Other Secondary Sources   Societies that have just emerged from conflict face enormous pressures as they transition away from war. In the early days after formal hostilities have ceased, in countries ranging from the Congo to Bosnia, Liberia to East Timor, populations and infrastructures are in disarray. Not only have people been displaced from their homes, but typically... 2010  
Fatou Kiné Camara, PhD , Abdourahmane Seck, PhD Secularity and Freedom of Religion in Senegal: Between a Constitutional Rock and a Hard Reality 2010 Brigham Young University Law Review 859 (2010) Law Review Articles and Other Secondary Sources   The metaphor of the contrast between text and practice contained in the subtitle of this Article is first approached in our study from a strictly formal and legal angle--especially around critical cases. That task was undertaken by the jurist, Dr. Camara. Yet at a second level of study, historian-anthropologist Dr. Seck rekindles the discussion... 2010  
Angela P. Harris Teaching the Tensions 54 Saint Louis University Law Journal 739 (Spring 2010) Law Review Articles and Other Secondary Sources   Aporia: a logical contradiction beyond rational resolution. Teaching, like any other human interaction, is only partly articulable in language. In every course there is the official curriculum, and then there is the unofficial curriculum. I don't mean the game of hiding the ball that so many law professors are accused of playing. I mean that... 2010  
Ronald J. Krotoszynski, Jr. The Argot of Equality: on the Importance of Disentangling "Diversity" and "Remediation" as Justifications for Race-conscious Government Action 87 Washington University Law Review 907 (2010) Law Review Articles and Other Secondary Sources   The rules governing benign forms of race-conscious government action are easy to state but very difficult to apply in practice. A great deal of the difficulty arises from the lack of precision associated with the use of terms of art, such as diversity, remediation, and affirmative action. Each of these terms should have a concrete and... 2010  
Joseph Lavitt The Crime of Conviction of John Choon Yoo: the Actual Criminality in the Olc During the Bush Administration 62 Maine Law Review 155 (2010) Law Review Articles and Other Secondary Sources   At the outset of the administration of President Barack Obama, there is intense debate about whether to prosecute members of the former administration of President George W. Bush. This Article first considers whether officers who were in command and control of the Executive Branch of the government of the United States during the Bush... 2010  
Roy L. Brooks The Crisis of the Black Politician in the Age of Obama 53 Howard Law Journal 699 (Spring 2010) Law Review Articles and Other Secondary Sources   INTRODUCTION. 699 I. THE AMERICAN RACE PROBLEM TODAY. 703 A. Financial Capital Deficiencies. 704 B. Human Capital Deficiencies. 716 C. Social Capital Deficiencies. 721 II. CONCEPTUAL CLARIFICATIONS. 727 A. Slavery and Jim Crow. 727 B. Conservatives and Liberal Definitions. 731 III. THE NEW BLACK POLITICS. 734 A. Disaggregation. 735 B. Affirmative... 2010  
Barbara A. Schwabauer The Emmett till Unsolved Civil Rights Crime Act: the Cold Case of Racism in the Criminal Justice System 71 Ohio State Law Journal 653 (2010) Law Review Articles and Other Secondary Sources   A recent episode of the popular television show Cold Case depicted the 1964 murder of a northern, white, middle-class housewife by a Klansman-in-training, who wanted to stop her work with the Freedom Schools of Mississippi during the civil rights movement. True to the underlying premise of the show, the case went unsolved until more than forty... 2010  
Gregory Scott Crespi The Endogeneity Problem in Cost-benefit Analysis 8 Georgetown Journal of Law and Public Policy 91 (Winter, 2010) Law Review Articles and Other Secondary Sources   Introduction. 92 I. The Endogenous Preferences Problem. 97 A. A General Introduction. 97 B. Prior Efforts to Address the Problem of Endogenous Preferences in Cost-Benefit Analysis. 101 1. The Becker Extended Utility Function Approach. 101 2. Other Commentary Regarding Incorporating Endogenous Preferences in Cost-Benefit Analysis. 104 (i) Cass... 2010  
Tom Dannenbaum The International Criminal Court, Article 79, and Transitional Justice: the Case for an Independent Trust Fund for Victims 28 Wisconsin International Law Journal 234 (Summer 2010) Law Review Articles and Other Secondary Sources   In a groundbreaking development in the design of institutions of international criminal justice, the Rome Statute of the International Criminal Court (Rome Statute or the Statute) provided in 1998 for the creation of a fund to benefit victims of crimes within the jurisdiction of the Court - the aptly named Trust Fund for Victims (TFV, the... 2010  
Alfred L. Brophy The Law and Morality of Building Renaming 52 South Texas Law Review 37 (Fall 2010) Law Review Articles and Other Secondary Sources   This essay responds to Thomas Russell's research on William Simkins and the dormitory named after him at the University of Texas--Austin campus. It places Simkins into the context of early twentieth-century thought and action in the Southwest and highlights some of the reasons why the University of Texas renamed Simkins Hall. It surveys the law... 2010  
Juan Pablo Bohoslavsky , Veerle Opgenhaffen The past and Present of Corporate Complicity: Financing the Argentinean Dictatorship 23 Harvard Human Rights Journal 157 (Spring 2010) Law Review Articles and Other Secondary Sources   From 1976 to 1983, Argentina was ruled by a military dictatorship whose tactics included the widespread torture, murder, and enforced disappearance of thousands of people. Since the junta's fall, the country has taken steps to pursue justice for this period of mass repression. With the repeal of controversial amnesty laws in 2003, the dossier on... 2010  
Naomi Murakawa, Katherine Beckett The Penology of Racial Innocence: the Erasure of Racism in the Study and Practice of Punishment 44 Law and Society Review 695 (September/December, 2010) Law Review Articles and Other Secondary Sources   In post--civil rights America, the ascendance of law-and-order politics and postracial ideology have given rise to what we call the penology of racial innocence. The penology of racial innocence is a framework for assessing the role of race in penal policies and institutions, one that begins with the presumption that criminal justice is... 2010  
Malcolm M. Feeley The Personal and the Professional: Assessing the Ambivalent Commitment to Racial Justice in the United States 44 Law and Society Review 503 (September/December, 2010) Law Review Articles and Other Secondary Sources   Rick Lempert and I are the same age. As white males observing, confronting, and contemplating racial injustices, we have had different but parallel experiences. Our initial experiences with racial discrimination took place when we were young in the late 1940s and early 1950s, prior to the advent of the modern civil rights movement. He confronted it... 2010  
Seth Kotch, Robert P. Mosteller The Racial Justice Act and the Long Struggle with Race and the Death Penalty in North Carolina 88 North Carolina Law Review 2031 (September, 2010) Law Review Articles and Other Secondary Sources   In August 2009, the North Carolina General Assembly enacted the Racial Justice Act (RJA), which commands that no person shall be executed pursuant to any judgment that was sought or obtained on the basis of race. One of the most significant features of the RJA is its use of statistical evidence to determine whether the race of defendants or... 2010  
Bert Demarsin The Third Time Is Not Always a Charm: the Troublesome Legacy of a Dutch Art Dealer--the Limitation and Act of State Defenses in Looted Art Cases 28 Cardozo Arts and Entertainment Law Journal 255 (2010) Law Review Articles and Other Secondary Sources   Introduction. 256 I. The Law Prior to von Saher. 259 A. From Adverse Possession to the Discovery Rule. 261 1. The Doctrines of Adverse Possession and Fraudulent Concealment. 261 2. The Emergence of the Discovery Rule. 264 3. The Proliferation of the Discovery Rule. 267 B. California's Complex Limitation Rules. 272 II. The Limitation Defense in von... 2010  
Tsolik Kazandjian The War of Art, Not the Art of War: von Saher v. Norton Simon Museum of Art at Pasadena and the Continuing Fight to Retrieve Nazi-looted Art in California 43 Loyola of Los Angeles Law Review 1477 (Summer 2010) Law Review Articles and Other Secondary Sources   During World War II, the Nazi regime stole and confiscated almost all of the property of Holocaust victims fleeing their home countries to avoid persecution. In 2009, the Ninth Circuit held in Von Saher v. Norton Simon Museum of Art at Pasadena that a California statute allowing heirs of Nazi-looted art to sue museums and galleries in the state was... 2010  
Annie Bird Third State Responsibility for Human Rights Violations 21 European Journal of International Law 883 (November, 2010) Law Review Articles and Other Secondary Sources   The International Law Commission's Draft Articles on State Responsibility attempt to transcend the bilateralist paradigm of international law by distinguishing between injured states and third states. Although not directly injured, the Draft Articles recognize that third states have a legal interest in compliance with peremptory norms' and... 2010  
Kaimipono David Wenger Too Big to Remedy? Rethinking Mass Restitution for Slavery and Jim Crow 44 Loyola of Los Angeles Law Review 177 (Fall 2010) Law Review Articles and Other Secondary Sources   Slavery and Jim Crow inflicted horrific harms on Blacks in America. Official silence aggravated that harm, as neither victims nor their descendants received monetary restitution, nor even (until very recently) any official apology. Reparations advocates have repeatedly called for compensation to slave descendants. But how exactly does society... 2010  
Steven R. Morrison Toward a History of American Criminal Law Theory© 32 University of La Verne Law Review 47 (November, 2010) Law Review Articles and Other Secondary Sources   It is said that the study of the theory of criminal law is a young endeavor. What is meant by this, as George Fletcher comments, is that only in the late eighteenth century did people begin to seriously debate and disagree about the purposes of inflicting punishment on those who transgressed communal norms. Elsewhere, Nicola Lacey notes that the... 2010  
Arturo J. Carrillo , Jason S. Palmer Transnational Mass Claim Processes (Tmcps) in International Law and Practice 28 Berkeley Journal of International Law 343 (2010) Law Review Articles and Other Secondary Sources   Mass claims processes implicating transnational issues have traditionally been inter-state. The modern era of international mass claim processes, or IMCPs, began with the Iran-US Claims Tribunal in 1981 and reached an institutional milestone when the United Nations Compensation Commission (UNCC) was set up in 1991. With the exception of the... 2010  
Laura E. Gómez Understanding Law and Race as Mutually Constitutive: an Invitation to Explore an Emerging Field 6 Annual Review of Law and Social Science 487 (2010) Law Review Articles and Other Secondary Sources   racial stratification, social construction of race, colonialism, ideology, social control, critical race theory, race and ethnic relations This article argues that law and race coconstruct each other. The idea that race is socially constructed has become widely accepted, and studies increasingly have explored law's role in shaping racial... 2010  
Beverly Moran Wealth Redistribution and the Income Tax 53 Howard Law Journal 319 (Winter 2010) Law Review Articles and Other Secondary Sources   This section of the Howard Law Journal is devoted to the question of wealth redistribution. The section on wealth redistribution contains five views of the United States tax system. This article asks how the tax system can stand against increasing income and wealth inequality. Part I of this article presents evidence of the increasing trend towards... 2010  
Ariel E. Dulitzky When Afro-descendants Became "Tribal Peoples": the Inter-american Human Rights System and Rural Black Communities 15 UCLA Journal of International Law and Foreign Affairs 29 (Spring 2010) Law Review Articles and Other Secondary Sources   The inter-American human rights system has established itself as a permanent and prominent actor in the discussion on the protection of indigenous and Afro-descendant collective territorial rights. It has done so by demonstrating receptivity to the territorial demands of indigenous and Afro-descendant peoples. The inter-American jurisprudence, in... 2010  
  Amended Complaint (7/27/2010) Trial Court Documents   PATENT INFRINGEMENT AND RACKETEER INFLUENCE & CORRUPT ORGANIZATION (RICO) For its complaint herein, Plaintiff alleges as follows: 1. Plaintiff, Dr. George Pieczenik (Pieczenik) is a New... 2010  
  Class Plaintiffs': (1) Response on Behalf of Balintulo and Botha Plaintiffs to Debtors' (I) Objection to Proofs of Claim Nos. 1206, 7857 and 10162 And, in the Alternative, (Ii) Motion to Estimate Proofs of Claim Nos. 1206,7587 and 10162; and (2) Cros S-mo (6/22/2010) Trial Court Documents   The Balintulo and Botha Named-Plaintiffs (collectively, Class Plaintiffs) file this response to the objections of Motors Liquidation Company (f/k/a General Motors Corporation) (MLC) and... 2010  
  Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment (4/27/2010) Trial Court Documents   I, the plaintiff, Douglas Sczygelski, acting pro se, answer the defendant's motion for summary judgment as follows. My amended complaint was filed on March 3, 2009. It states that I should... 2010  
  Reply to Astellas Pharma Us, Inc's Motion to Dismiss (6/21/2010) Trial Court Documents   Counsel Robert L. Baechtold, as well as all defending counsels, cite Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), arguing a heightened pleading requirements for Federal Civil... 2010  
  United States' Sentencing Memorandum Regarding Defendants Kahn, Hunter, True, and Tanguay (8/25/2010) Trial Court Documents   The United States of America, by and through undersigned counsel, hereby submits this memorandum regarding the sentencing of defendants Kahn, Hunter, True, and Tanguay, which is currently... 2010  
  Eeoc Sues Accurate Insulation for Sexual Harassment, Race Discrimination and Retaliation (4/1/2009) Administrative Decisions & Guidance     2009  
  Guatemala (2/1/2009) Administrative Decisions & Guidance     2009  
  Press Briefing by Press Secretary Robert Gibbs (6/19/2009) Administrative Decisions & Guidance     2009  
  Appellant's Opening Brief (4/10/2009) Briefs   The Ninth Circuit Court of Appeals has jurisdiction over the appeal herein pursuant to 28 U.S.C. §158(d). The United States Bankruptcy Appellate Panel of the Ninth Circuit had jurisdiction... 2009  
  Brief of Amici Curiae Asian American Justice Center, the National Coalition for Asian Pacific American Community Development, Inc., Organization of Chinese Americans, Inc., Asian Law Caucus, Asian American Institute, Asian and Pacific Islander Americ an H (1/29/2009) Briefs   FN1. The parties have consented to the filing of this brief. Blanket consents of the parties to the filing of amicus curiae briefs are on file with the Office of the Clerk of this Court. No... 2009  
  Brief of Amicus Curiae the Claremont Institute Center for Constitutional Jurisprudence in Support of Petitioners (2/26/2009) Briefs   FN1. The Claremont Institute Center for Constitutional Jurisprudence files this brief with the consent of all parties. The letters granting consent have been filed previously. Counsel for a... 2009  
  Brief of Appellant (5/27/2009) Briefs   (x) Check here if no basis for Supreme Court Jurisdiction is being asserted, or check below all applicable grounds on which Supreme Court Jurisdiction is asserted. (1) _ Construction of... 2009  
  Brief of Appellant (10/30/2009) Briefs   1. Has Smith stated a claim upon which relief can be granted where he seeks government restoration of his Constitutional freedom after he has completely served his sentence to the... 2009  
  Brief of Defendant-appellee Governor of the State of Wisconsin (12/1/2009) Briefs   The Court applies a de novo standard of review to a district court's grant of a motion to dismiss for failure to state a claim under Rule 12(b)(6). Olson v. Wexford Clearing Servs. Corp.,... 2009  
  Brief of the Social Justice Advocacy Group as Amicus Curiae in Support of Petitioners (10/16/2009) Briefs   FN1. Pursuant to this Court's Rule 37.6, amici curiae affirm that no counsel for any party has authored this brief in whole or in part, that no such counsel or party made a monetary... 2009  
  Braxton v. U.s. Not Reported in F.Supp.2d, United States District Court, District of Columbia. (6/4/2009) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the Court upon consideration of Plaintiff's application to proceed in forma pauperis and his pro se complaint. The application will be granted, and the complaint will be dismissed. Plaintiff is an inmate who currently is incarcerated at the Clayton County Prison in Lovejoy, Georgia. He alleges that he is . being held in... 2009  
  Campbell v. Barclays Bank Plc 24 Misc.3d 1210(A), Supreme Court, Kings County, New York. (7/2/2009) Cases As of January 6, 2020 case has not been reversed or overruled. Pro se plaintiff CLIVE CAMPBELL (CAMPBELL) claims that defendant BARCLAYS BANK PLC (BARCLAYS) purchased naming rights for a proposed indoor arena to be named the Barclays Center from defendant THE NEW JERSEY NETS (NJ NETS), and that the Barclays Center is to be built, as the centerpiece of the Atlantic Yards development project, by defendant... 2009  
  Comer v. Murphy Oil Usa 585 F.3d 855, United States Court of Appeals, Fifth Circuit. (10/16/2009) Cases As of January 6, 2020 case has been reversed or overruled. TORTS - Parties. Landowners had Article III standing to bring nuisance, trespass and negligence claims related to greenhouse gasses. 2009  
  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  
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