| Author | Title | Citation | Document Type | Status | Summary | Year |
| Angelique M. Davis |
Multiracialism and Reparations: the Intersection of the Multiracial Category and Reparations Movements |
29 Thomas Jefferson Law Review 161 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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Current reparations discourse raises not only the age old question of who is black? but also the political and legal complexities of making this determination in light of the recent Multiracial Category Movement (MCM). This movement seeks to create a separate multiracial classification on all private and public data collection forms. This essay... |
2007 |
| Benjamin Hensler |
Não Vale a Pena? (Not Worth the Trouble?) Afro-brazilian Workers and Brazilian Anti-discrimination Law |
30 Hastings International and Comparative Law Review 267 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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In September 2005, Brazilian public prosecutors filed a series of lawsuits that would have been nearly unimaginable in the country even a few years before. The suits, brought in Brasilia as civil complaints in the federal labor courts, charged five of the country's leading banks with violating the Brazilian constitution by discriminating against... |
2007 |
| Douglas W. Kmiec |
Natural Law Originalism for the Twenty-first Century - a Principle of Judicial Restraint, Not Invention |
40 Suffolk University Law Review 383 (2007) |
Law Review Articles and Other Secondary Sources |
|
Is law more than a mere assertion of power? This question is often associated with controversial implied right claims such as abortion, assisted suicide, and same-sex marriage, and it has been well-described as law's quandary. We proclaim ourselves to be a rule of law, not of men, but are there just men and women hiding behind law's facade, or... |
2007 |
| Angela Mae Kupenda |
Negotiating a Metaphorical Contract Between Blacker and Whiter America |
37 University of Memphis Law Review 707 (Summer, 2007) |
Law Review Articles and Other Secondary Sources |
|
I. Differentiating this Contract from Other Contracts on Race. 714 II. Examining the Limited Effectiveness of Other Means of Resolving the Race Problem. 719 III. Envisioning Contract Law as a Vehicle for Radical Racial Change. 724 A. Considering Past Connections of Race and Contract Law. 724 B. Considering Contract Law in Other Intimate Contexts.... |
2007 |
| |
Opening Brief of Appellant |
(1/4/2007) |
Briefs |
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Note: Table of Contents page numbers missing in original document This is an appeal from an Order dated August 7, 2006, and filed August 7, 2006, under District Court Docket Number... |
2007 |
| |
Opposition to the Hurdle Plaintiffs' Motion for Suggestion for Remand and Motion to Remand |
(10/12/2007) |
Trial Court Documents |
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Defendants Bank of America Corporation, New York Life Insurance Company, Aetna Inc., RJ Reynolds Tobacco Company, and Brown and Williamson Tobacco Corporation respectfully oppose the Motion... |
2007 |
| Susan Harris Rimmer |
Orphans or Veterans?: Justice for Children Born of War in East Timor |
42 Texas International Law Journal 323 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
|
All over East Timor, one can find orphans whose parents still live, and wives who have never been married. These labels mask an open secret in Timorese society--hundreds of children were born of rape during the Indonesian occupation from 1974 to 1999. As a result of the United Nations Population Fund's 2004 census, data is finally available on... |
2007 |
| Frances P. Solari , Julienne E.M. Balshaw |
Outlawed and Exiled: Zero Tolerance and Second Generation Race Discrimination in Public Schools |
29 North Carolina Central Law Journal 147 (2007) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 147 II. Constitutional Claims. 154 A. Equal Protection. 155 B. Due Process. 165 1. Education as Property Interest. 166 2. Reputation as Liberty Interest. 168 3. Outlawed and Exiled. 170 4. Void for Vagueness. 173 III. Potential Defenses. 180 A. Failure to Exhaust Administrative Remedies. 180 B. Immunity. 187 1. Sovereign Immunity.... |
2007 |
| Dexter Samida , David A. Weisbach |
Paretian Intergenerational Discounting |
74 University of Chicago Law Review 145 (Winter 2007) |
Law Review Articles and Other Secondary Sources |
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This paper argues that discounting costs and benefits of projects for the opportunity costs of capital Pareto dominates decision criteria that do not discount. It considers and rejects several objections to the Pareto dominance argument, including the problem of making compensating transfers for the costs and benefits of projects and whether taking... |
2007 |
| Diane J. Klein |
Paying Eliza: Comity, Contracts, and Critical Race Theory--19th Century Choice of Law Doctrine and the Validation of Antebellum Contracts for the Purchase and Sale of Human Beings |
20 National Black Law Journal L.J. 1 (2006-2007) |
Law Review Articles and Other Secondary Sources |
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I. Theory: Comity, Foreign Contracts, and the Public Policy Exception. 4 II. Practice: Four Stories of Slavery and Law in 19th Century Illinois. 7 1. Nance v. Howard (1828). 9 2. Hone v. Ammons (1852). 12 3. Rodney v. Illinois Central (1857). 14 4. Roundtree v. Baker (1869). 16 III. Comity and the Laws of Slavery in Antebellum Illinois. 24 IV.... |
2007 |
| |
Petition for a Writ of Certiorari |
(2/6/2007) |
Briefs |
|
Democratic National Committee and National Democratic Party Wayne Perryman on behalf of himself and the African American Citizens of the United States v. Democratic National Committee:... |
2007 |
| |
Petition for a Writ of Certiorari |
(5/14/2007) |
Briefs |
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Deadria Farmer-Paellmann on behalf of herself and other similarly situated persons of African-American slave descent and the class she represents. FleetBoston Financial Corporation, CSX... |
2007 |
| |
Petition for a Writ of Certiorari |
(7/20/2007) |
Briefs |
|
FN* Counsel of Record Petitioners are Exxon Mobil Corporation, Mobil Corporation, Mobil Oil Corporation, and ExxonMobil Oil Indonesia Inc. Petitioners are the defendants-appellants below.... |
2007 |
| |
Petition for Writ of Certiorari |
(10/12/2007) |
Briefs |
|
The parties to the proceeding are shown in the caption. Petitioners are not a corporation. Respondent is a foreign bank and we have no knowledge of parent corporations or subsidiaries. The... |
2007 |
| |
Plaintiff-appellant's Opening Brief |
(11/23/2007) |
Briefs |
|
FN1. Ironically, workload issues was the same reason used by Ayotte to justify his failure to timely give Browning an opportunity to improve prior to giving her a not met rating as... |
2007 |
| |
Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss Plaintiffs' Third Amended Complaint |
(12/31/2007) |
Trial Court Documents |
|
FN1. Plaintiff's name is Tyron C. Reece not Tyrone C. Reece. FN2. Defendants state in their Opposition of that defendant Lloyd's had not been served and is not obligated to participate in... |
2007 |
| |
Plaintiffs' Memorandum of Law in Opposition to Motion by Mohinder Singh Sahani to Dismiss |
(3/30/2007) |
Trial Court Documents |
|
For the background and procedural history of this matter, the Court is respectfully referred to Maersk's brief in response to the motion to dismiss filed by other defendants, the... |
2007 |
| Kenneth Einar Himma |
Privacy Versus Security: Why Privacy Is Not an Absolute Value or Right |
44 San Diego Law Review 857 (November-December 2007) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 860 II. The Concept and Moral Right of Informational Privacy. 863 III. The Concept of Security and Associated Moral Interests. 866 A. Elements of Security. 866 B. Interests in Personal vs. Collective Security. 870 IV. What Exactly Does Security Trumps Privacy Mean?. 872 V. The Argument from Intuitive Case Judgments. 876 VI.... |
2007 |
| George A. Martínez |
Race Discrimination and Human Rights Class Actions: the Virtual Exclusion of Racial Minorities from the Class Action Device |
33 Journal of Legislation 181 (2007) |
Law Review Articles and Other Secondary Sources |
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In the era of Jim Crow, racial minorities were segregated and excluded from participating in white society. Minorities were segregated in public schools, excluded from public accommodations, excluded from participation on juries, and excluded from living in certain areas. Harkening back to that earlier time, racial minorities now are often excluded... |
2007 |
| William M. Carter, Jr. |
Race, Rights, and the Thirteenth Amendment: Defining the Badges and Incidents of Slavery |
40 U.C. Davis Law Review 1311 (April, 2007) |
Law Review Articles and Other Secondary Sources |
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The Supreme Court has held that the Thirteenth Amendment prohibits slavery or involuntary servitude and also empowers Congress to end any lingering badges and incidents of slavery. The Court, however, has failed to provide any guidance as to how courts should define the badges and incidents of slavery absent such congressional action. This has led... |
2007 |
| Maxine Burkett |
Reconciliation and Nonrepetition: a New Paradigm for African-american Reparations |
86 Oregon Law Review 99 (2007) |
Law Review Articles and Other Secondary Sources |
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The contemporary paradigm for African-American reparations fundamentally fails to address what should be its most vital component. Of the three essential elements of a successful reparations campaign--apology, award, and nonrepetition through reconciliation--the most vital is nonrepetition. In past successful reparations campaigns, the offending... |
2007 |
| Jennifer Anglim Kreder |
Reconciling Individual and Group Justice with the Need for Repose in Nazi-looted Art Disputes |
73 Brooklyn Law Review 155 (Fall, 2007) |
Law Review Articles and Other Secondary Sources |
|
Nazi-looted art has been the subject of much recent litigation and many news reports. Given both the vast magnitude of unrestituted Nazi-looted art and the revival of research into newly opened World War II-era governmental archives, the rise in interest in Nazi-looted art is not surprising even though sixty years have passed since the end of the... |
2007 |
| Pamela D. Bridgewater |
Reconstructing Rationality: Towards a Critical Economic Theory of Reproduction |
56 Emory Law Journal 1215 (2007) |
Law Review Articles and Other Secondary Sources |
|
As the Center for Reproductive Rights prepared to argue the next big reproductive rights case to come before the Supreme Court, it paused to consult with its constituents and supporters--experts, activists, and scholars all interested and invested in the state of the reproductive rights project. I commend their decision to give members from various... |
2007 |
| Theodore Kornweibel, Jr. |
Reparations and Railroads |
29 Thomas Jefferson Law Review 219 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
|
The consolidated civil cases seeking reparations on behalf of African-American descendants of slaves were thrown out of the United States District Court in Chicago in July, 2005. These cases were the result of reparations crusader Deadria Farmer-Paellmann's determination to seek restitution from corporate America after it had become manifestly... |
2007 |
| Adrienne Davis |
Reparations and the Slave Trade |
101 American Society of International Law Proceedings 285 (March 28-31,) |
Law Review Articles and Other Secondary Sources |
|
Professor Davis began her remarks by noting that the reparations debate challenges us to develop a consensus on what the U.S. experience with slavery was--what was the nature of the injury and moral wrong, and the relationship that has with our contemporary political and economic order. Instead of debating the moral and historical specificity of... |
2007 |
| |
Reparations in the Inter-american System: a Comparative Approach |
56 American University Law Review 1375 (August, 2007) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction: Dean Claudio Grossman. 1376 II. Reparations: A Comparative Perspective. 1377 A. Fernanda Nicola. 1377 B. Francisco Quintana. 1382 C. Diego Rodríguez-Pinzón. 1390 D. Dinah Shelton. 1396 E. Darren Hutchinson. 1402 III. Lawyering for Reparations: Inter-American Perspective. 1406 A. Agustina Del Campo. 1406 B. Carlos Ayala. 1413 C.... |
2007 |
| Kaimipono David Wenger |
Reparations Within the Rule of Law |
29 Thomas Jefferson Law Review 231 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
|
The debate over monetary reparations for slavery raises a number of questions. One important question is how reparations relate to the Rule of Law. There are two ways in which the Rule of Law impacts the reparations debate. First, reparations might be required under the Rule of Law. Second, they might be counter to the Rule of Law. Either... |
2007 |
| Jack Greenberg |
Reparations: Politically Inconceivable |
29 Thomas Jefferson Law Review 157 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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Compensation sought or paid for wrongs inflicted on large numbers of members of racial, religious, ethnic, or national groups is often called reparations. Usually, it has been paid, or sought, from entities that did the harm or that in some sense are the representatives of the harm doer. Sometimes the wrongdoer might be a corporation or perhaps an... |
2007 |
| Congressman John Conyers, Jr. |
Reparations: the Legislative Agenda |
29 Thomas Jefferson Law Review 151 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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Thank you so much to Richard Winchester of the famous law family, and Sue Winchester, his sister who happens to also be here. Ladies and gentlemen, members of the panel, I am happy to be with you today to discuss a subject that began when I introduced H.R. 40 in 1989. It is funny how these things start; I had a constituent, Ray Jenkins, who... |
2007 |
| |
Reply Brief of Appellants |
(3/16/2007) |
Briefs |
|
Vacators concur with the Court's liberal view on joinder, Comment, Rule 21, MRCP, and permissive view on standing. FN1. See Point III, 11, infra. The argument persists that citizens... |
2007 |
| |
Reply Memorandum in Support of Motion for Summary Judgment or Alternatively Partial Summary Judgment |
(10/3/2007) |
Trial Court Documents |
|
The government is filing this reply to the plaintiffs' Brief in Support of Plaintiffs (sic) Response to Defendants (sic) Motion for Summary Judgment. For clarity, the government will reply... |
2007 |
| Chaim Saiman |
Restating Restitution: a Case of Contemporary Common Law Conceptualism |
52 Villanova Law Review 487 (2007) |
Law Review Articles and Other Secondary Sources |
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The American Law Institute's Restatement (Third) of Restitution provides one of the most interesting expressions of contemporary legal conceptualism. This paper explores the theory and practice of post-realist conceptualism through a review and critique of the Restatement. At the theoretical level, the paper develops a typology of different forms... |
2007 |
| Rachel King |
Restorative Justice: How Law Schools Can Help Heal Their Communities |
34 Fordham Urban Law Journal 1285 (May, 2007) |
Law Review Articles and Other Secondary Sources |
|
On Saturday night, January 21, 1995, nineteen-year-old Tariq Khamisa was delivering pizzas at DeMille's Italian Restaurant in San Diego, California. His pizza-delivery job helped pay some of his college expenses at San Diego State University. He was getting ready to leave for the evening when his boss asked him to make one last delivery.... |
2007 |
| Carrie Menkel-Meadow |
Restorative Justice: What Is it and Does it Work? |
3 Annual Review of Law and Social Science 161 (2007) |
Law Review Articles and Other Secondary Sources |
|
reconciliation, reintegration, community, victims, offenders, criminal law, crime and punishment, human rights, reparations, international law To its conceptual and practical founders (John Braithwaite, Howard Zehr, and Mark Umbreit, among others), the field of restorative justice is an effort to transform the way we think of punishment for... |
2007 |
| James R. Ralph, Jr. |
Review: Michael Meltsner, the Making of a Civil Rights Lawyer |
31 Vermont Law Review 907 (Summer, 2007) |
Law Review Articles and Other Secondary Sources |
|
In the middle of The Making of a Civil Rights Lawyer, Michael Meltsner recalls the first time he met William Kunstler. It was in late 1961, shortly after Meltsner had joined the NAACP Legal and Education Defense Fund (LDF). Kunstler had not yet, Meltsner remembers, been overtaken by fame. A meeting on representing civil rights workers was about... |
2007 |
| Steven G. Stransky |
Sanchez-llamas v. Oregon: a Missed Opportunity in Treaty Interpretation |
20 Saint Thomas Law Review 25 (Fall 2007) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 25 II. Background. 28 A. The Vienna Convention on Consular Relations. 28 B. The Supreme Court and Article 36 of the Vienna Convention on Consular Relations. 30 1. The United States Supreme Court. 31 C. The ICJ and Article 36 of the Vienna Convention on Consular Relations. 35 1. The LaGrand Case.. 35 2. Case Concerning Avena and... |
2007 |
| |
Second Amended Complaint for Violation of Consumers Legal Remedies Act, California Civil Code Section 1750 et Seq. And Unlawful Competition Law, California Business & Professions Code Section 17200 et Seq. |
(7/31/2007) |
Trial Court Documents |
|
FN1. Plaintiffs originally filed Hurdle v. FleetBoston, et al. on 9/22/2002 in the Superior Court for San Francisco, Civil No. 412388, alleging violations of California Bus. & Prof. Code... |
2007 |
| Linda M. Keller |
Seeking Justice at the International Criminal Court: Victims' Reparations |
29 Thomas Jefferson Law Review 189 (Spring 2007) |
Law Review Articles and Other Secondary Sources |
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The International Criminal Court (ICC) represents a major achievement in international criminal justice, particularly with regard to victims. Victims of international crimes are, for the first time, recognized as having rights as participants in the process and as recipients of reparations. According to the ICC, reparations are aimed at... |
2007 |
| Louis E. Wolcher |
Senseless Kindness: the Politics of Cost-benefit Analysis |
25 Law & Inequality: A Journal of Theory and Practice 147 (Winter 2007) |
Law Review Articles and Other Secondary Sources |
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This essay dwells on a social phenomenon that the Russian-Jewish novelist and war correspondent Vasily Grossman calls senseless kindness. Emerging without prior warning from certain face-to-face encounters between human beings, the striking reversal of preferences that characterizes this phenomenon can be used to cast a critical light on the... |
2007 |
| |
Sentencing Memorandum |
(8/16/2007) |
Trial Court Documents |
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On July 29, 2005, Defendant Aaron Patterson was convicted by a jury on eleven counts of conspiracy to possess with intent to distribute and to distribute controlled substances and two... |
2007 |
| Dov Fox |
Silver Spoons and Golden Genes: Genetic Engineering and the Egalitarian Ethos |
33 American Journal of Law & Medicine 567 (2007) |
Law Review Articles and Other Secondary Sources |
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What mother or father does not want to give his or her child the best chance of leading a happy and successful life? Infertile couples today enlist assisted reproductive technologies (ARTs) such as in vitro fertilization (IVF) and preimplantation genetic diagnosis (PGD) to handpick from among available gamete donors or embryo arrays to implant for... |
2007 |
| Leslie Friedman Goldstein |
Slavery and the Marshall Court: Preventing "Oppressions of the Minor Party"? |
67 Maryland Law Review 166 (2007) |
Law Review Articles and Other Secondary Sources |
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When Alexander Hamilton was defending the life tenure of the federal judiciary on the grounds that it would secure judicial independence under the new Constitution, he argued that such independence from electoral pressures was needed for the judges to fulfill successfully their appointed task of guarding against legislative attacks on the... |
2007 |
| Dru Stevenson |
Special Solicitude for State Standing: Massachusetts v. Epa |
112 Penn State Law Review Rev. 1 (Summer, 2007) |
Law Review Articles and Other Secondary Sources |
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I. Introduction: Massachusetts v. EPA. 2 II. Background on Special Solicitude for States . 19 A. Case-Based Etymology. 20 B. Commentary-Based Etymology. 27 C. Oral Arguments and Briefs. 29 D. The Chevron Man. 36 III. Special Solicitude for Attorneys General. 37 A. The Evolving Role of the Attorneys General. 38 B. From Multistate Enforcement to a... |
2007 |
| Vincent R. Johnson |
Standardized Tests, Erroneous Scores, and Tort Liability |
38 Rutgers Law Journal 655 (Spring, 2007) |
Law Review Articles and Other Secondary Sources |
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I. When Scores are Wrong. 656 A. High Stakes. 656 B. Common Ground in Controversial Territory. 658 C. Vast Expansion of Standardized Testing. 660 D. Spectacular Mis-scoring. 662 E. Litigation Follows Innovation. 668 F. Viability of Tort Remedies. 673 II. Preliminary Considerations. 674 A. Damages in Erroneous Scoring Cases. 674 B. Truth-in-Testing... |
2007 |
| Carrie Menkel-Meadow |
Taking Law and _ Really Seriously: Before, During and after "The Law" |
60 Vanderbilt Law Review 555 (March, 2007) |
Law Review Articles and Other Secondary Sources |
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I. Introduction: Three Thought Experiments About Law and Legal Education. 556 A. What Is Law as a Field?. 556 B. What Ideas Has Law Generated as a Field?. 558 C. What Is the Purpose of Legal Education in Relation to the Above?. 559 II. A Brief History of Some Big Bang Moments in Legal Education. 560 A. Langdell's Canons of Legal Education.... |
2007 |
| Kevin R. Johnson |
Taking the "Garbage" out in Tulia, Texas: the Taboo on Black-white Romance and Racial Profiling in the "War on Drugs" |
2007 Wisconsin Law Review 283 (2007) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 284 II. The Tulia Sting, or Round Up the Usual Suspects . 286 A. The Sting. 288 B. Vindication of the Accused. 291 III. The Continuing Evil of Race-Mixing: Tulia as a Case Study. 294 A. The Legal and Social Prohibition of Black-White Relationships. 295 1. The Persistence of Social Separation. 297 2. The Lingering Stigma of... |
2007 |
| Angela Onwuachi-Willig |
The Admission of Legacy Blacks |
60 Vanderbilt Law Review 1141 (May, 2007) |
Law Review Articles and Other Secondary Sources |
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Introduction. 1142 I. Race, Culture, Class, and a Model Black Minority?. 1160 A. Understanding the Meaning of Social Justice in Affirmative Action. 1161 B. The Model Black Minority?. 1165 II. Unpacking the Myths of the Model Black Minority. 1180 A. Enhancing Diversity. 1181 B. Reaching Social Justice. 1185 C. Models of Affirmative Action. 1204 III.... |
2007 |
| Vaughn E. James |
The African-american Church, Political Activity, and Tax Exemption |
37 Seton Hall Law Review 371 (2007) |
Law Review Articles and Other Secondary Sources |
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Ever since its inception during slavery, the African-American Church has served as an advocate for the socio-economic improvement of this nation's African-Americans. Accordingly, for many years, the Church has been politically active, serving as the nurturing ground for several African-American politicians. Indeed, many of the country's early... |
2007 |
| Brent Tarter, Wythe Holt |
The Apparent Political Selection of Federal Grand Juries in Virginia, 1789-1809 |
49 American Journal of Legal History 257 (July, 2007) |
Law Review Articles and Other Secondary Sources |
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The political situation in the United States in the quarter century following independence from Britain was highly charged, and there was deep suspicion and enmity between the Federalists and the Republicans, or Jeffersonians, the two political parties which emerged in the mid-1790s. One of the institutions that served to focus the suspicion was... |
2007 |
| Alfred L. Brophy |
The Emerging Importance of Law Review Rankings for Law School Rankings, 2003-2007 |
78 University of Colorado Law Review 35 (Winter 2007) |
Law Review Articles and Other Secondary Sources |
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The release of the 2007 U.S. News rankings of law schools has set off another round of speculation on the meanings of the rankings and what, if anything, schools can do to improve the quality of the education they provide, as well as their rankings. Drawing upon earlier evidence that there is a close connection between the citation rankings of law... |
2007 |