AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
  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  
  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  
Ralph Richard Banks , Richard Thompson Ford (How) Does Unconscious Bias Matter?: Law, Politics, and Racial Inequality 58 Emory Law Journal 1053 (2009) Law Review Articles and Other Secondary Sources   During the past several years, psychological research on unconscious racial bias has grabbed headlines, as well as the attention of legal scholars. The most well-known test of unconscious bias is the Implicit Association Test (IAT), a sophisticated and methodologically rigorous computer-administered measure that has been taken by millions of people... 2009  
Carlton Waterhouse Abandon All Hope Ye That Enter? Equal Protection, Title Vi, and the Divine Comedy of Environmental Justice 20 Fordham Environmental Law Review 51 (Spring, 2009) Law Review Articles and Other Secondary Sources   Midway through life's journey and a few years hence, it came to me to inquire of the state of those I had encountered sometime before in the wood of error before I had sought to ascend to the mount of joy. At that time, I traveled the wood in the hope of aiding those attacked by the offspring of two great beasts. In days past, three beasts ruled... 2009  
Michael Rothberg After Apartheid, Beyond Filiation: Witnessing and the Work of Justice 21 Law and Literature 275 (Summer, 2009) Law Review Articles and Other Secondary Sources   Abstract. Through consideration of Mark Sanders's book Ambiguities of Witnessing: Law and Literature in the Time of a Truth Commission, this review essay seeks to re-pose Theodor IV. Adorno's question, What does working through the past mean? Juxtaposing the post-Holocaust context in which Adorno was writing with the post-apartheid context of... 2009  
Aziz Z. Huq Against National Security Exceptionalism 2009 Supreme Court Review 225 (2009) Law Review Articles and Other Secondary Sources   Terrorist attacks trigger novel policy responses. New policies selected by the federal executive after the 9/11 attacks strained against constitutionally permissible margins. Affected individuals lodged legal challenges to the new policies in federal court. Judges' responses ranged from self-abnegating denials of jurisdiction to unequivocal... 2009  
Amy Palmer An Evolutionary Analysis of Gender-based War Crimes and the Continued Tolerance of "Forced Marriage" 7 Northwestern Journal of International Human Rights 128 (Spring, 2009) Law Review Articles and Other Secondary Sources   I did not want to go; I was forced to go. They killed a lot of women who refused to go with them . When they capture young girls, you belong to the soldier who captured you. I was married to him, said Isatu, who was 15 years old at the time of her abduction. Broadly, forced marriage involves a female being married, against her will, to a... 2009  
Kaimipono David Wenger Apology Lite: Truths, Doubts, and Reconciliations in the Senate's Guarded Apology for Slavery (Fall, 2009) Law Review Articles and Other Secondary Sources   The United States Senate formally apologized for slavery on June 18, 2009. This followed an apology made nearly a year earlier, on July 29, 2008, by the House of Representatives. Unlike the House apology, the Senate apology contains additional limiting language, specifically stating that it cannot be used as a ground for monetary compensation. The... 2009  
Carrie Menkel-Meadow Are There Systemic Ethics Issues in Dispute System Design? And What We Should [Not] Do about It: Lessons from International and Domestic Fronts 14 Harvard Negotiation Law Review 195 (Winter 2009) Law Review Articles and Other Secondary Sources   The process by which new fields of knowledge and practice are defined, developed, and demarcated from other fields has long been described by sociologists of the professions. As new competencies are created and studied, the progression from initial theorization, to the development of practice protocols, training and education, attempts at... 2009  
  Bibliography 10 Rutgers Race & the Law Review 583 (2009) Law Review Articles and Other Secondary Sources   1. Race and the Law in Society 1.0 General Margalynne J. Armstrong & Stephanie M. Wildman, Teaching Race/Teaching Whiteness: Transforming Colorblindness to Color Insight, 86 N.C. L. Rev. 635 (2008). Professor Robert Ashford, Empowering People with the Right to Acquire Capital with the Earnings of Capital: A Binary Approach to the Economic... 2009  
Adjoa Artis Aiyetoro Can We Talk? How Triggers for Unconscious Racism Strengthen the Importance of Dialogue 22 National Black Law Journal L.J. 1 (Fall, 2009) Law Review Articles and Other Secondary Sources   The recent arrest of Henry Louis Gates, Jr. illustrates the need to heal the racial divide in the United States. This Article expands on the scholarship of unconscious racism by exploring a trigger that up to this point scholars have only alluded to, the language of race: language that suggests that the persons about whom the speaker is speaking... 2009  
Benjamin Davis Commemorating 1808: Examining the Legacies of the Federal Prohibition of Slave Importation 40 University of Toledo Law Review 655 (Spring 2009) Law Review Articles and Other Secondary Sources   Editor's Note: The following introduction, essay, and two articles are related to a conference held at The University of Toledo College of Law last fall to commemorate the 200th anniversary of the federal law banning slave importation. To the law review's surprise, the 200th anniversary of this important historic event was not receiving much... 2009  
Rhonda V. Magee Competing Narratives, Competing Jurisprudences: Are Law Schools Racist? And the Case for an Integral Critical Approach to Thinking, Talking, Writing, and Teaching about Race 43 University of San Francisco Law Review 777 (Spring 2009) Law Review Articles and Other Secondary Sources   SINCE YOU ARE READING THESE words --the second in a series of essays written by me and printed by this Law Review, the sixth in a series of articles including writings from the two other law professors in this colloquy--you deserve to know that as I write this by hand, and only minutes after getting out of bed, I have not properly composed myself.... 2009  
Lateef Mtima Copyright Social Utility and Social Justice Interdependence: a Paradigm for Intellectual Property Empowerment and Digital Entrepreneurship 112 West Virginia Law Review 97 (Fall, 2009) Law Review Articles and Other Secondary Sources   L1-2Abstract . R398. L1-2Introduction . R399. Analytical Schema. 100 Part I. Achieving the Social Utility Mandate of the Copyright Law. 102 A. Copyright Protection as a Social Engineering Tool. 102 B. Preserving Copyright Social Utility in the Courts: The Fair Use Doctrine. 105 C. Fair Use and Unauthorized Digital Use of Copyrighted Material. 109... 2009  
Mark Schultz, Alec van Gelder Creative Development: Helping Poor Countries by Building Creative Industries 97 Kentucky Law Journal 79 (2008-2009) Law Review Articles and Other Secondary Sources   Africa's popular musicians are crying out for help, often quite literally. In recent years, they have taken to the streets seeking redress for the failures of their countries' legal systems to support creative activity effectively. The news brings reports of African musicians resorting to noisy street protests and personal confrontations with... 2009  
Deleso Alford Washington Critical Race Feminist Bioethics: Telling Stories in Law School and Medical School in Pursuit of "Cultural Competency" 72 Albany Law Review 961 (2009) Law Review Articles and Other Secondary Sources   I know Sisters. I know Sisters who lived lives full enough to be stories- Her-stories untold, Carried through the heartbeat of mother's wit . . . all the time being othered by legal fictions that turn humans to chattel property; Allowing her and her-story to be created, bought and sold. I know Sisters. Sister Anarcha got a story for all to... 2009  
Bekah Mandell Cultivating Race: How the Science and Technology of Agriculture Preserves Race in the Global Economy 72 Albany Law Review 939 (2009) Law Review Articles and Other Secondary Sources   In 2008, nearly one-sixth of the world's population went hungry. The vast majority of the world's hungry live in the developing world; only a fraction of the under-fed are residents of the global North. The burden of hunger falls disproportionately on the world's people of color who make up the majority of the population of the global south. This... 2009  
Deborah W. Post Cultural Inversion and the One-drop Rule: an Essay on Biology, Racial Classification, and the Rhetoric of Racial Transcendence 72 Albany Law Review 909 (2009) Law Review Articles and Other Secondary Sources   The great paradox in contemporary race politics is exemplified in the narrative constructed by and about President Barack Obama. This narrative is all about race even as it makes various claims about the diminished significance of race: the prospect of racial healing, the ability of a new generation of Americans to transcend race or to choose their... 2009  
Francis E. McGovern Dispute System Design: the United Nations Compensation Commission 14 Harvard Negotiation Law Review 171 (Winter 2009) Law Review Articles and Other Secondary Sources   The Security Council of the United Nations established the United Nations Compensation Commission (UNCC) with its Resolution 687 on April 3, 1991. It was the first compensation system established under the authority of Chapter VII of the U.N. Charter and was designed to process and pay claims arising from the Iraqi invasion of Kuwait in 1990.... 2009  
Mario L. Barnes, Angela Nicole Brown Editors' Note Redux 11 Berkeley Journal of African-American Law & Policy Pol'y 1 (2009) Law Review Articles and Other Secondary Sources   The above phrase--split by the ellipsis--appeared on the front and back of the first t-shirt created by the African-American Law and Policy Report (ALPR or the Report), now known as the Berkeley Journal of African-American Law and Policy (BJALP or the Journal). On one level, the phrase was intended as a clever spin on the then popular... 2009  
Phyllis E. Bernard Eliminationist Discourse in a Conflicted Society: Lessons for America from Africa? 93 Marquette Law Review 173 (Fall 2009) Law Review Articles and Other Secondary Sources   For generations, Western society has taken pride in welcoming all types of discourse in the press, radio, or television; the livelier, the better. Outrage often awaits individuals or institutions suggesting that some passionate rhetoric in the public square invites danger that outweighs the theoretical value of free expression. This Article does... 2009  
Mary L. Heen Ending Jim Crow Life Insurance Rates 4 Northwestern Journal of Law & Social Policy 360 (Fall, 2009) Law Review Articles and Other Secondary Sources   How people count and measure embodies certain assumptions about the thing they are counting; this was true in the nineteenth century, and it is equally true today. [E]ver since the 1880's, Negroes have been subject to differential treatment by white insurance companies in that some of them, at that time, started to apply higher premium schedules... 2009  
Citadelle B. Priagula Examining Race-conscious Remediation Through the Pilipino/a American Experience 15 Asian Pacific American Law Journal 135 (Fall/Spring 2009-) Law Review Articles and Other Secondary Sources   Legal examination of Asian American experiences has proliferated since the 1960s, when Asian Pacific Islander (API) communities flourished after the Immigration Act of 1965 invalidated restrictive quotas on immigration from Asian countries. The subsequent population surge provided the critical mass necessary for API groups to assert their rights... 2009  
Eboni S. Nelson Examining the Costs of Diversity 63 University of Miami Law Review 577 (January, 2009) Law Review Articles and Other Secondary Sources   Although the Supreme Court struck down the voluntary race-based student-assignment plans employed in Parents Involved in Community Schools v. Seattle School District No.1 and Meredith v. Jefferson County Board of Education as violative of the Equal Protection Clause, many school officials will seek refuge in Justice Kennedy's concurrence and... 2009  
Mark A. Bunbury, Jr. Forty Acres and a Mule . . . Not Quite Yet: Section 14012 of the Food, Conservation, and Energy Act of 2008 Fails Black Farmers 87 North Carolina Law Review 1230 (May, 2009) Law Review Articles and Other Secondary Sources   Timothy Pigford's family has been farming in eastern North Carolina for four generations; his sons were supposed to be the fifth. More than 130 years ago, Pigford's great-great-grandfather was a Columbus County plantation slave who took his master's surname and decided to begin life as a farmer. However, Timothy Pigford's generation will likely be... 2009  
Julie A. Nice Forty Years of Welfare Policy Experimentation: No Acres, No Mule, No Politics, No Rights 4 Northwestern Journal of Law & Social Policy Pol'y 1 (Winter, 2009) Law Review Articles and Other Secondary Sources   Forty years ago, the tide turned against the War on Poverty, and poor people have never recovered. Many factors contributed to the demise of that historic effort to eliminate poverty. The urgent need to understand these factors has increased today as the nation appears to be facing an economic crisis of historic proportion. Surely one of the most... 2009  
Kirsty Gover Genealogy as Continuity: Explaining the Growing Tribal Preference for Descent Rules in Membership Governance in the United States 33 American Indian Law Review 243 (2008-2009) Law Review Articles and Other Secondary Sources   Tribal membership rules constitute the self that is to self-govern, by defining the class of persons entitled to share in tribal resources and participate in tribal politics. Increasingly, tribal membership rules also define the class of persons who are the ultimate beneficiaries of United States federal Indian policy. In the modern era of... 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  
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  
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  
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  
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  
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  
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  
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