AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
  Brief of Defendant-appellee United States of America (10/29/2008) Briefs   FN1. Citations to the Appendix filed by the Greenes will be cited as App. p. and citations to the Supplemental Appendix of the government will be cited as Supp. App. P. The government... 2008  
  Brief of Plaintiffs/appellants in No. 07-3726 (1/31/2008) Briefs   FN1. Citations to JA ( ) are to the Joint Appendix. FN2. The July 17, 2000 documents are formally cited as Agreement Concerning the Foundation Remembrance, Responsibility and the... 2008  
  Final Brief of Intervenors Caci International Inc and Caci Premier Technology, Inc. (11/21/2008) Briefs   Intervenor CACI Premier Technology, Inc. is a privately-held company. Intervenor CACI International Inc is a publicly-traded company and is CACI Premier Technology, Inc.'s ultimate parent... 2008  
  Reply Brief of Appellant (1/12/2008) Briefs   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   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  
  Gérard v. Board of Regents of Georgia Slip Copy, United States District Court, N.D. Georgia, Atlanta Division. (7/31/2008) Cases As of January 6, 2020 case has not been reversed or overruled. Géoving Joseph Gérard (plaintiff), proceeding pro se, brings this employment discrimination action against his former employer, the Georgia Institute of Technology (Georgia Tech), the Georgia Tech Research Corporation (GTRC), and the Board of Regents of the State of Georgia (the... 2008  
  Greene v. U.s. Dept. Of Educ. Not Reported in F.Supp.2d, United States District Court, N.D. Indiana, Fort Wayne Division. (3/27/2008) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the court on an objection to report and recommendation, filed by the plaintiffs, Frederick Vaughn Greene and Terri Lynn Greene (the Greenes), pro se, on February 22, 2008. The government responded to the objection on March 3, 2008. The Greenes have declined to file a reply. On July 29, 2005, the Greenes filed a Chapter 7... 2008  
  Gross v. German Foundation Indus. Initiative 549 F.3d 605, United States Court of Appeals, Third Circuit. (12/10/2008) Cases As of January 6, 2020 case has not been reversed or overruled. INTERNATIONAL LAW - Treaties and Conventions. Joint statement regarding creation of Holocaust survivors' reparation fund did not create private right of action. 2008  
  Maersk, Inc. v. Neewra, Inc. 554 F.Supp.2d 424, United States District Court, S.D. New York. (3/27/2008) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. LITIGATION - Jurisdiction. Exercise of jurisdiction over Kuwaiti defendant under New York's long-arm statute satisfied due process. 2008  
  Malone v. Clark Nuber, P.s. Not Reported in F.Supp.2d, United States District Court, W.D. Washington, at Seattle. (6/23/2008) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. This matter comes before the Court on five motions to dismiss filed by the following moving defendants: (1) Clark Nuber P.S. and two of its employees, Thomas Joseph Sedlock, an attorney, and James Dubeck, a certified public accountant (collectively, Clark Nuber); (2) the Seattle law firm of Ahrens & DeAngeli, PLLC and one of its partners,... 2008  
  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  
Jeanelle Ferril A Call for New Justice: Victims of Sexual Violence in Africa's Internal Conflicts 4 FIU Law Review 333 (Fall, 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 334 II. Background. 336 A. A History of Sexual Violence. 336 B. International Criminal and Humanitarian Law. 336 C. Conflicts in Africa: Rape at Center Stage. 339 1. Rwanda, 1994. 339 2. Democratic Republic of Congo, 1996 - 200. 3342 3. Darfur, Sudan, 2003 - Present. 344 III. Analysis: The Inadequacies of Current Relief. 346 A.... 2008  
Terry L. Meyers A First Look at the Worst: Slavery and Race Relations at the College of William and Mary 16 William & Mary Bill of Rights Journal 1141 (April, 2008) Law Review Articles and Other Secondary Sources   [I]f way to the Better there be, it exacts a full look at the Worst . . . . -Thomas Hardy In recent years a few universities-Yale, North Carolina, Dartmouth, Alabama, and Brown-have documented fully the ignoble role slavery played in their noble pasts. The College of William and Mary (the College) has not, though there is plenty of the worst-and a... 2008  
Shi-Ling Hsu A Realistic Evaluation of Climate Change Litigation Through the Lens of a Hypothetical Lawsuit 79 University of Colorado Law Review 701 (Summer 2008) Law Review Articles and Other Secondary Sources   Several dozen cases that can be classified as climate change litigation have been filed worldwide, and legal scholars have already generated a considerable amount of writing on the phenomenon. The debate and scholarship has sometimes gotten ahead of itself, reflecting on the normative implications of outcomes that are still speculative at this... 2008  
Tucker Culbertson A Report On-and an Invitation to Join-the Latcrit Ngo 4 FIU Law Review 73 (Fall, 2008) Law Review Articles and Other Secondary Sources   Inaugurated as part of the World Conference Against Racism, the Lat-Crit NGO seeks to further the codification and implementation of human rights law and policy in egalitarian, historically informed, analytically rigorous, sociologically real, and culturally sensitive ways. In July 2006, the United Nations' Economic and Social Council (ECOSOC)... 2008  
Adrien Katherine Wing A Truth and Reconciliation Commission for Palestine/israel: Healing Spirit Injuries? 17 Transnational Law & Contemporary Problems 139 (Winter 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 140 II. Overview: Truth and Reconciliation Commissions. 142 III. Palestine/Israel Scenarios. 148 IV. Specific Issues. 154 A. When Would the TRC Be Created?. 155 B. What Legal Sources Would Legitimate the TRC?. 155 C. What Would Be the Purpose of the TRC?. 156 D. What Time Period Would the TRC Cover?. 158 E. How Would the TRC Be... 2008  
Susan Lorde Martin Adverse Possession: Practical Realities and an Unjust Enrichment Standard 37 Real Estate Law Journal 133 (Fall, 2008) Law Review Articles and Other Secondary Sources   All first year law students learn about adverse possession. It shocks many, setting their minds racing to thoughts of beautiful uninhabited rural properties that might be theirs in spite of their student loans; the doctrine seems to provide a legal way to get something for nothing. The doctrine allows that after continuous possession for a period... 2008  
Keith Aoki , Kevin R. Johnson An Assessment of Latcrit Theory Ten Years after 83 Indiana Law Journal 1151 (Fall, 2008) Law Review Articles and Other Secondary Sources   With the democratization of legal academia to include law professors of different genders, races, and sexual orientations has come a loss of community, cohesion, and coherence. But what has been gained has been a more democratic and inclusive community. To believe that academics can again speak with a unified voice is no longer possible. Instead of... 2008  
Natsu Taylor Saito At the Heart of the Law: Remedies for Massive Wrongs 27 Review of Litigation 281 (Winter 2008) Law Review Articles and Other Secondary Sources   I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300 2008  
Daniel Farber Basic Compensation for Victims of Climate Change 38 Environmental Law Reporter News & Analysis 10521 (August, 2008) Law Review Articles and Other Secondary Sources   Editors' Summary: Prof. Daniel Farber argues that compensation for harm caused by climate change is a moral imperative, and he surveys various mechanisms that have been used in other circumstances to compensate large numbers of victims for environmental and other harms. In response, Professor Feinberg cautions that significant hurdles remain before... 2008  
  Bibliography 9 Rutgers Race & the Law Review 483 (2008) Law Review Articles and Other Secondary Sources   Lauren Arms, It's Not All Black and White: Race-Based Admissions Purport to Achieve a Critical Mass of Diversity, but in Reality Merely Mask a Pre-Determined Quota of the Ideal Integrated Society, 49 S. Tex. L. Rev. 205 (2007). Carrie L. Arnold, Note, Racial Profiling in Immigration Enforcement: State and Local Agreements to Enforce Federal... 2008  
Alfreda A. Sellers Diamond Black, White, Brown, Green, and Fordice: the Flavor of Higher Education in Louisiana and Mississippi 5 Hastings Race and Poverty Law Journal 57 (Winter 2008) Law Review Articles and Other Secondary Sources   The question of race and its place in American life can appear in the most unpredictable and the most predictable places. We could not have predicted our encounter with the ire and laughter raised in the midst of the Martin Luther King Day 2006 comments of New Orleans Mayor Ray Nagin. Mayor Nagin spoke of the will of God in the creation and... 2008  
Rose Cuison Villazor Blood Quantum Land Laws and the Race Versus Political Identity Dilemma 96 California Law Review 801 (June, 2008) Law Review Articles and Other Secondary Sources   Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms along a racial versus political paradigm. This dichotomy may be traced to Morton v. Mancari and, more recently, to Rice v. Cayetano. In Mancari, the Supreme Court held that laws that privilege members of American Indian... 2008  
Beverly I. Moran Capitalism and the Tax System: a Search for Social Justice 61 SMU Law Review 337 (Spring 2008) Law Review Articles and Other Secondary Sources   America is a country founded on ideas. The Enlightenment presented one set of ideas that attended our birth, and one Enlightenment belief that is as strong today as during the revolution is our faith in capitalism and the protection of private property. Yet the United States tax system manages to violate fundamental capitalist principles, as... 2008  
Shira T. Shapiro Case Note: How Republic of Austria v. Altmann and United States v. Portrait of Wally Relay the past and Forecast the Future of Nazi Looted-art Restitution Litigation 34 William Mitchell Law Review 1147 (2008) Law Review Articles and Other Secondary Sources   I. Introduction. 1148 II. The Basis for Nazi Looted-Art Litigation: Hitler's Cultural Obsession. 1150 III. The United States v. Portrait of Wally, A Painting by Egon Schiele Litigation. 1154 IV. The Republic of Austria v. Altmann Decision: Reclaiming Gustav Klimt. 1159 A. Initiation of Legal Proceedings. 1163 B. Analysis of Altmann. 1166 V. Schiele... 2008  
Eric A. Posner , Cass R. Sunstein Climate Change Justice 96 Georgetown Law Journal 1565 (June, 2008) Law Review Articles and Other Secondary Sources   Reductions in greenhouse gas emissions would cost some nations much more than others and benefit some nations far less than others. Significant reductions would likely impose especially large costs on the United States, and recent projections suggest that the United States is not among the nations most at risk from climate change. In these... 2008  
Kenneth R. Feinberg Comment on Basic Compensation for Victims of Climate Change 38 Environmental Law Reporter News & Analysis 10530 (August, 2008) Law Review Articles and Other Secondary Sources   In his article, Basic Compensation for Victims of Climate Change, Prof. Daniel A. Farber makes a valuable contribution to the subject of global climate change by proposing ways in which certain types of injuries could be included in a workable compensation scheme. Adopting some of the fundamental concepts of past and present compensation... 2008  
Alfred L. Brophy Considering William and Mary's History with Slavery: the Case of President Thomas Roderick Dew 16 William & Mary Bill of Rights Journal 1091 (April, 2008) Law Review Articles and Other Secondary Sources   Amidst the recent apologies for slavery from the legislatures of Virginia, Maryland, North Carolina, Alabama, New Jersey, and Florida, there is significant controversy over the wisdom of investigations of institutions' connections to slavery and apologies for those connections. The divide over attitudes toward apologies falls along racial lines.... 2008  
Robert J. Delahunty Constitutional Justice or "Constitutional Peace"? The Supreme Court and Affirmative Action 65 Washington and Lee Law Review 11 (Winter, 2008) Law Review Articles and Other Secondary Sources   The problem of constitutional evil is the topic of a recent and provocative book by historian and law professor Mark Graber. The problem arises because the formation and the maintenance of constitutions such as ours require concessions by one group of citizens to another group who, in the eyes of the former, are committed to radically unjust... 2008  
Ann Bartow Copyright Law and Pornography: Reconsidering Incentives to Create and Distribute Pornography 39 University of Baltimore Law Forum 75 (Fall 2008) Law Review Articles and Other Secondary Sources   As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the... 2008  
J. Carolina Chavez Copyright's "Elephant in the Room": a Realistic Look at the Role of Moral Rights in Modern American Copyright 36 AIPLA Quarterly Journal 125 (Spring, 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 126 II. A Historic Tradition: Different Origins, Different Goals?. 127 A. American Copyright. 127 B. Droit Moral. 131 1. Historical Evolution of Droit Moral. 131 2. Philosophical Evolution of Droit Moral. 133 III. A Changing Tradition: Moral Rights Meet American Copyright. 134 A. Common Law Moral Rights. 136 B. Trademark Law Moral... 2008  
Guadalupe T. Luna Cultural, Ethnic, and Religious Fragmentation 20 Saint Thomas Law Review 622 (Spring 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 622 II. Knowledge Production: The Essays. 623 III. Summary. 639 IV. Conclusion. 641 2008  
Kimberly A. Yuracko Education off the Grid: Constitutional Constraints on Homeschooling 96 California Law Review 123 (February, 2008) Law Review Articles and Other Secondary Sources   Homeschooling in America is no longer a fringe phenomenon. Estimates indicate that well over one million children are currently being homeschooled. Although homeschoolers are a diverse group, the movement has come to be defined and dominated by its fundamentalist Christian majority. Many Christians who choose to homeschool do so in order to shield... 2008  
Dania Palanker Enslaved by Pain: How the U.s. Public Health System Adds to Disparities in Pain Treatment for African Americans 15 Georgetown Journal on Poverty Law and Policy 847 (Fall, 2008) Law Review Articles and Other Secondary Sources   Race-based health disparities have garnered significant attention from researchers and policy makers. African Americans have poorer access to care, receive lower quality healthcare treatment, and have poorer health outcomes than whites. In recent years, it has become clear that African Americans also receive poorer pain treatment. The problem of... 2008  
Robert W. Collin Environmental Justice in Oregon: It's the Law 38 Environmental Law 413 (Spring 2008) Law Review Articles and Other Secondary Sources   As states have grappled with new policy approaches and processes to begin resolution of environmental injustices, the issues, approaches, and observations from the first of state level environmental justice task forces and commissions can inform all stakeholders of their efficacy. These new Environmental Justice processes may also develop... 2008  
N. Jeremi Duru Exploring Jethroe's Injustice: the Impact of an Ex-ballplayer's Legal Quest for a Pension on the Movement for Restorative Racial Justice 76 University of Cincinnati Law Review 793 (Spring 2008) Law Review Articles and Other Secondary Sources   Introduction. 794 I. Jethroe's Injustice. 796 A. Discriminatory Denial. 796 B. Making the Majors. 798 C. Life After Baseball. 800 II. Section 1981 as a Basis for Jethroe Claims. 803 A. Section 1981's Origins. 803 B. Section 1981's Scope. 804 III. The Jethroe Claim: A Reparations Argument?. 809 A. The Wide World of Reparations. 809 B. Deconstructing... 2008  
Guadalupe T. Luna Farmer Operations of Color and Food Based Coalitions 20 Saint Thomas Law Review 580 (Spring 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 580 II. An Agricultural History. 582 III. New Demographic Trends. 585 IV. An Agrarian Possibility? An Agricultural Antitrust Exception. 587 V. Conclusion. 592 2008  
Christine J. Hung For Those Who Had No Voice: the Multifaceted Fight for Redress by and for the "Comfort Women" 15 Asian American Law Journal 177 (May, 2008) Law Review Articles and Other Secondary Sources   These days I hum a song, Katusa, putting my own words to the tune: I am so miserable; return my youth to me; apologize . . . . You dragged us off against our own will. You trod on us. Apologize . . . --Lee Yong-soo, former Korean comfort woman, testifying in the U.S. House of Representatives in February 2007 For the Asian women who were... 2008  
Charles R.P. Pouncy Foreword: Latcrit Xii--the Critical Locality and the Processes of Community 20 Saint Thomas Law Review 387 (Spring 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 387 II. The Critical Locality and LatCrit Literature. 388 III. The Symposium Clusters. 393 IV. Cluster I--Immigration and Cosmopolitanism. 394 V. Cluster II: Economics Interpersonal, Structural and Political. 402 VI. Cluster III: Regions and Cultures. 417 VII. Cluster IV: Critical Politics and Jurisprudence. 424 VIII. Cluster V:... 2008  
Larry Catá Backer From Moral Obligation to International Law: Disclosure Systems, Markets and the Regulation of Multinational Corporations 39 Georgetown Journal of International Law 591 (Summer, 2008) Law Review Articles and Other Secondary Sources   Abstract: It is well known that soft international law has begun to provide incentives for the management of a values-based behavior structure for multinational corporations. This paper will argue that hard international law can serve as a vehicle for the enhancement of a market environment in which corporate stakeholders, and principally consumers... 2008  
Joshua H. Joseph Gender and International Law: How the International Criminal Court Can Bring Justice to Victims of Sexual Violence 18 Texas Journal of Women and the Law 61 (Fall 2008) Law Review Articles and Other Secondary Sources   I. The Definition of Gender Within the Statute. 65 1. Introduction. 65 A. The Inclusion of Gender in the Non-Discrimination Clause. 66 B. The Statutory Meaning of Gender. 67 2. Conclusion. 69 II. Overarching Crimes Falling Under the Statute's Jurisdiction. 69 1. Introduction. 69 2. The Role of the EOC Annex. 70 3. Crimes Against Humanity. 71 A.... 2008  
Rodney Petersen, Thomas Porter Honest Patriots: Loving a Country Enough to Remember its Misdeeds. By Donald W. Shriver, Jr. Oxford University Press 2005. Pp. 368. $35.00. Isbn: 0-195-15153-4. 23 Journal of Law and Religion 785 (2007-2008) Law Review Articles and Other Secondary Sources   Donald Shriver, Union Theological Seminary President Emeritus, describes Honest Patriots as a sequel to his 1995 book, An Ethic for Enemies: Forgiveness in Politics, where he began a significant conversation on forgiveness as a political virtue. For him, repentance is indispensable to a genuine forgiveness-transaction between human beings. (vii)... 2008  
Robin D. Barnes How Civil Rights and Pro-peace Demonstrations Transformed the Press Clause Through Surrogacy 34 William Mitchell Law Review 1021 (2008) Law Review Articles and Other Secondary Sources   I. Introduction. 1021 II. Liberty of Conscience. 1025 A. Historical Backdrop. 1025 B. Theory and Rhetoric of Free Speech. 1029 C. Credibility and Access to Public Debate. 1037 III. Student Protest Movement's Legacy of Speech and Association. 1039 A. History of Civil Rights. 1039 B. Protests for Civil Rights and World Peace. 1045 IV. Expanding Press... 2008  
Raymond A. Atuguba Human Rights and the Limits of Public Interest Law: Ghana's Reaction to a Messy World Phenomenon 13 UCLA Journal of International Law and Foreign Affairs 97 (Spring 2008) Law Review Articles and Other Secondary Sources   Currently international financial and development organizations are seeking to enforce the social welfare commitments made by the Ghanian government which have been consistently deferred and neglected despite constitutional guarantees. In a parallel movement public interest lawyers in Ghana are adapting the concept of rights-based approaches... 2008  
George A. Martínez Immigration: Deportation and the Pseudo-science of Unassimilable Peoples 61 SMU Law Review Rev. 7 (Winter 2008) Law Review Articles and Other Secondary Sources   AMERICA is in the midst of an immigration crisis. Immigrants are now seen as a threat to Anglo-American culture. Military-like efforts are now being made to seal off the United States-Mexico border, resulting in thousands of deaths. In response to proposals to enact harsh immigration laws, immigrants took to the streets in cities across America in... 2008  
Allison M. Dussias Indigenous Languages under Siege: the Native American Experience 3 Intercultural Human Rights Law Review Rev. 5 (2008) Law Review Articles and Other Secondary Sources   It's soul-satisfying to be able to read and speak your own language. -- Richard Littlebear, Northern Cheyenne [L]anguage is so important, because it is one thing that we can keep alive, that can never change. If we're able to keep our language going, we'll be able to pass on knowledge, from generation to generation. Without it, we're going to lose... 2008  
K.J. Greene Intellectual Property at the Intersection of Race and Gender: Lady Sings the Blues 16 American University Journal of Gender, Social Policy and the Law 365 (2008) Law Review Articles and Other Secondary Sources   I. The Emergence of Race in Legal Analysis. 367 A. Intellectual Property, Innovation and African-Americans. 368 B. Blacks and Copyright Law. 370 C. Blacks and Trademark Law. 374 II. The Emerging Feminist Critique of Intellecual Property. 378 A. African-American Women and IP. 380 III. Traditional Knowledge/Indigenous Peoples and Intellectual... 2008  
K.J. Greene Intellectual Property Expansion: the Good, the Bad, and the Right of Publicity 11 Chapman Law Review 521 (Spring 2008) Law Review Articles and Other Secondary Sources   My first reaction upon being asked to write about the right of publicity was, Oh no, not another right of publicity article! Is there really anything left to say about this topic, given the proliferation of writing on it in the last ten to fifteen years? A lot has been said about the right of publicity, most of it negative. The right of... 2008  
Katrina Miriam Wyman Is There a Moral Justification for Redressing Historical Injustices? 61 Vanderbilt Law Review 127 (January, 2008) Law Review Articles and Other Secondary Sources   Introduction. 128 I. Background on U.S.-Based Claims for Redress. 132 A. What is a Historical Injustice?. 133 B. How Are Claims for Redress Advanced?. 134 C. Why Are Claims Brought and What Remedies Are Requested?. 136 II. Two Less Promising Moral Arguments For Redress. 140 A. Redress Deters. 140 B. Redress Promotes Distributive Justice. 143 III.... 2008  
Carl A. Auerbach Legislative Facts in Grutter v. Bollinger 45 San Diego Law Review 33 (February-March) Law Review Articles and Other Secondary Sources   In 1924, Henry Wolf Biklé, a Philadelphia lawyer who also taught at the University of Pennsylvania Law School for twenty-eight years, published a pioneering article to show that the constitutional validity of legislative action often depended on generalizations about social, economic, political, scientific, medical, or psychological matters that... 2008  
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