AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Angela P. Harris Loving Before and after the Law 76 Fordham Law Review 2821 (May, 2008) Law Review Articles and Other Secondary Sources   Since the founding of the nation, marriage has played both a central role in the American political imagination and the political economy of the United States--so much so that it makes sense to view marriage as a practice of national citizenship. Citizenship, as Linda Bosniak and others have noted, can usefully be understood as comprising a... 2008  
Jeffrey W. Stempel Mandating Minimum Quality in Mass Arbitration 76 University of Cincinnati Law Review 383 (Winter 2008) Law Review Articles and Other Secondary Sources   Introduction. 384 I. The Post- McMahon World of Mass Privatized Dispute Resolution and the Need for Adequate Legal Supervision. 385 A. Distinguishing Mass Arbitration from Custom Arbitration. 385 B. The Stronger Need for Mandated Minimum Fairness and Quality Control in Mass Arbitration. 387 C. Arbitration as Adjudication as Regulation: Instrumental... 2008  
Harry G. Hutchison Moving Forward? Diversity as a Paradox? A Critical Race View 57 Catholic University Law Review 1059 (Summer, 2008) Law Review Articles and Other Secondary Sources   I. L2-4,T4Introduction 1059 II. L2-4,T4From Racial Justice to Diversity 1070 III. L2-4,T4Justice O'Connor: From Grutter to the Future 1072 A. L3-4,T4Prolegomena to Grutter 1072. B. L3-4,T4Toward a Critical Race View of the Cathedral 1075. 1. Racial Balancing and the Non-Obvious Use of Race?. 1077 2. Remedying Societal Discrimination in the Mirror... 2008  
Janet Halley My Isaac Royall Legacy 24 Harvard BlackLetter Law Journal 117 (Spring 2008) Law Review Articles and Other Secondary Sources   Note to the reader: What follows is a revised version of remarks I delivered on Monday, September 17, 2006 in the Casperson Room at Harvard Law School, at the time of my appointment to the Royall Chair of Law. The portrait of the donor, Isaac Royall, reproduced here as Plate 1 and discussed below, was behind the lectern. I am very grateful to the... 2008  
Diane J. Klein Naming and Framing the "Subject" of Antebellum Slave Contracts: Introducing Julia, "A Certain Negro Slave," "A Man," Joseph, Eliza, and Albert 9 Rutgers Race & the Law Review 243 (2008) Law Review Articles and Other Secondary Sources   There is such perfect union between the spiritual quest for awareness, enlightenment, self-realization, and the struggle of oppressed people, colonized people to change our circumstance, to resist -- to move from object to subject .. -- bell hooks, 1990 [T]oil with him in the field -- sleep with him in the cabin -- feed with him on husks . behold... 2008  
Gwynne Skinner Nuremberg's Legacy Continues: the Nuremberg Trials' Influence on Human Rights Litigation in U.s. Courts under the Alien Tort Statute 71 Albany Law Review 321 (2008) Law Review Articles and Other Secondary Sources   In March of 2005, four Palestinian families and the parents of Rachel Corrie, an American, filed a lawsuit against Caterpillar, Inc. under the Alien Tort Statute (ATS) and general federal jurisdiction, for aiding and abetting the Israel Defense Forces' (IDF) commission of war crimes and other human rights violations by knowingly providing the... 2008  
Abigail Perkiss Public Accountability and the Tuskegee Syphilis Experiments: a Restorative Justice Approach 10 Berkeley Journal of African-American Law & Policy 70 (2008) Law Review Articles and Other Secondary Sources   The United States Government did something that was wrong, deeply, profoundly, morally wrong. It was an outrage to our commitment to integrity and equality for all our citizens. We can end the silence. We can stop turning our heads away. We can look at you in the eye and finally say on behalf of the American people what the United States Government... 2008  
Shubha Ghosh Race-specific Patents, Commercialization, and Intellectual Property Policy 56 Buffalo Law Review 409 (May, 2008) Law Review Articles and Other Secondary Sources   Patent reform is at the forefront of current academic and policy debates. Bad press on the quality of issued patents, litigation disruptive to competition and business, and the perceived impact of a seemingly broken system on innovation have each--and in combination--driven the movement to fix the patent system. This Article addresses the... 2008  
Bekah Mandell Racial Reification and Global Warming: a Truly Inconvenient Truth 28 Boston College Third World Law Journal 289 (Spring, 2008) Law Review Articles and Other Secondary Sources   Abstract: Scientists have warned of the dangers of climate change for decades, yet no meaningful steps have been taken to address its underlying causes; instead, ineffective strategies to reduce CO2 emissions incrementally have become popular because they do not disturb the racial hierarchy that sustains the social, economic, and legal structure of... 2008  
Kimberly Breedon Remedial Problems at the Intersection of the Political Question Doctrine, the Standing Doctrine, and the Doctrine of Equitable Discretion 34 Ohio Northern University Law Review 523 (2008) Law Review Articles and Other Secondary Sources   In 2005, the United States District Court for the Southern District of New York applied the political question doctrine to dismiss a common law public nuisance action against certain domestic electrical power companies. The plaintiffs had sought an injunction to abate the companies' contribution to global warming by requiring them to reduce their... 2008  
Clare Huntington Repairing Family Law 57 Duke Law Journal 1245 (March, 2008) Law Review Articles and Other Secondary Sources   Scholars in the burgeoning field of law and emotion have paid surprisingly little attention to family law. This gap is unfortunate because law and emotion has the potential to bring great insights to family law. This Article begins to fill this void--and inaugurate a larger debate about the central role of emotion in family law--by exploring the... 2008  
Jocelyn E. Getgen Reproductive Injustice: an Analysis of Nicaragua's Complete Abortion Ban 41 Cornell International Law Journal 143 (Winter 2008) Law Review Articles and Other Secondary Sources   Introduction. 144 I. Unsafe Abortion. 146 A. The Global Context. 146 B. The Latin American Context. 149 II. Nicaragua: A Case Study. 151 A. Political Context Leading to Complete Abortion Ban. 152 1. Rosita's Case. 152 2. Revisiting Therapeutic Abortion at Elections. 154 B. Responses to Nicaragua's Complete Abortion Ban. 155 III. Complete Abortion... 2008  
Jennifer Gordon , R.A. Lenhardt Rethinking Work and Citizenship 55 UCLA Law Review 1161 (June, 2008) Law Review Articles and Other Secondary Sources   This Article advances a new approach to understanding the relationship between work and citizenship that comes out of research on African American and Latino immigrant low-wage workers. Media accounts typically portray African Americans and Latino immigrants as engaged in a pitched battle for jobs. Conventional wisdom suggests that the source of... 2008  
Cedric Merlin Powell Rhetorical Neutrality: Colorblindness, Frederick Douglass, and Inverted Critical Race Theory 56 Cleveland State Law Review 823 (2008) Law Review Articles and Other Secondary Sources   I. L2-5,T5Introduction 824 II. L2-5,T5Rhetorical Neutrality 831 A. L3-5,T5The Underlying Myths 831 1. L4-5,T5The Historical Myth 831. 2. L4-5,T5The Definitional Myth 838. 3. L4-5,T5The Rhetorical Myth 845. B. L3-5,T5Justice O'Connor's Doctrinal Approach 859 1. L4-5,T5Wygant: Rejection of the Role Model Theory 862. 2. L4-5,T5Croson: Particularized... 2008  
Michael W. Doyle, Geoffrey S. Carlson Silence of the Laws? Conceptions of International Relations and International Law in Hobbes, Kant, and Locke 46 Columbia Journal of Transnational Law 648 (2008) Law Review Articles and Other Secondary Sources   This Essay explains how the political theorists Hobbes, Kant, and Locke interpret the decision to go to war (jus ad bellum) and the manner in which the war is conducted (just in bello). It also considers the implications of the three theories for compliance with international law more generally. It concludes that although all three can lay claim to... 2008  
Kimberly L. Alderman Slave Artists as Powerful Reality Creators : Taking Responsibility and Rejecting Race Consciousness 33 Thurgood Marshall Law Review 261 (Spring, 2008) Law Review Articles and Other Secondary Sources   This article critiques the race conscious thinking inherent in Critical Race Theory (CRT) and offers an alternative to structuralism and determinism. It reviews the colonial origins of race consciousness, and argues that advocating race conscious remedies perpetuates the very racism CRT decries. The article focuses on powerful reality creators of... 2008  
Maxine D. Goodman Slipping Through the Gate: Trusting Daubert and Trial Procedures to Reveal the 'Pseudo-historian' Expert Witness and to Enable the Reliable Historian Expert Witness--troubling Lessons from Holocaust-related Trials 60 Baylor Law Review 824 (Fall 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 825 II. Historian Expert Witnesses' Prominence in United States Courtrooms. 831 III. Daubert--Screening Historians for Admissibility at Trial in the United States. 836 IV. David Irving--The Pseudo-Historian Revealed: A Tale of Two (Actually Three) Trials. 839 A. Irving v. Lipstadt. 840 1. Professor Robert Jan van Pelt. 845 2. Judge... 2008  
Jamie Rowen Social Reality and Philosophical Ideals in Transitional Justice 7 Cardozo Public Law, Policy and Ethics Journal 93 (Fall 2008) Law Review Articles and Other Secondary Sources   Introduction. 93 I. Transitional Justice and Legal Philosophy. 96 A. Transitional Justice as Instrumentalism. 96 B. Law's Foundations. 97 C. Authority and Community in Bosnia. 101 II. Transitional Justice in Bosnia. 104 A. ICTY. 104 B. War Crimes Chamber. 107 C. Truth Commission. 110 III. Implications. 113 A. Transitional Justice in Bosnia: Some... 2008  
Sergio J. Campos Subordination and the Fortuity of Our Circumstances 41 University of Michigan Journal of Law Reform 585 (Spring 2008) Law Review Articles and Other Secondary Sources   The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular... 2008  
Daniel A. Farber The Case for Climate Compensation: Justice for Climate Change Victims in a Complex World 2008 Utah Law Review 377 (2008) Law Review Articles and Other Secondary Sources   The United States, the wealthiest country in the world, contributes far more than its share of greenhouse gases. It is now clear that these emissions have caused serious risks to the world as a whole, particularly the poorest nations. This raises two questions. First, does the United States have a moral duty to impose reasonable curbs on its future... 2008  
Gregory Scott Crespi The Fatal Flaw of Cost-benefit Analysis: the Problem of Person-altering Consequences 38 Environmental Law Reporter News & Analysis 10703 (October, 2008) Law Review Articles and Other Secondary Sources   Editors Summary: Cost-benefit analysis, which is now the dominant approach in American public-sector decisionmaking, suffers from a serious and perhaps even fatal flaw that is unfortunately not widely recognized. Any social policy, among its other impacts, will also have person-altering consequences in that it will have geometrically cascading... 2008  
Áine Durkin The German Foundation Agreement: a Nonexclusive Remedy and Forum 42 U.C. Davis Law Review 567 (December, 2008) Law Review Articles and Other Secondary Sources   Introduction. 569 I. Background. 572 A. Historical Background of Holocaust Victims' Claims. 573 B. The Foundation Agreement Negotiations. 575 C. The Requirement of Legal Peace. 577 D. The Berlin Accords. 579 E. The Foundation Today. 581 II. State of the Law. 582 A. Judicial Deference to the Executive Branch in Foreign Affairs. 583 B. The Third... 2008  
Aaron Lazare The Healing Forces of Apology in Medical Practice and Beyond 57 DePaul Law Review 251 (Winter 2008) Law Review Articles and Other Secondary Sources   This Article presents a behavioral analysis of the apology process and its recent application to medical practice, an area in which apologies are rapidly growing in importance. Beginning in the early 1990s, there was a surge of academic and public interest in apologies. That surge continues today. Sociologists, social psychologists, and other... 2008  
Adam Clanton The Men Who Would Be King: Forgotten Challenges to U.s. Sovereignty 26 UCLA Pacific Basin Law Journal L.J. 1 (Fall 2008) Law Review Articles and Other Secondary Sources   If you wanted to start your own country, would you know where to begin? Is it better to secede from the country in which you live, to get on a boat and set sail for land as yet unclaimed, or to conquer what someone else regards as their country? This article is dedicated to the curiosity of the micronation - experiments in creating small... 2008  
D. Aaron Lacy The Most Endangered Title Vii Plaintiff?: Exponential Discrimination Against Black Males 86 Nebraska Law Review 552 (2008) Law Review Articles and Other Secondary Sources   I. Introduction. 552 II. The Development of the Exponential Argument. 558 III. The Black Male: The Case for a Special Category. 564 IV. The Current Predicament: The Affects of Stereotypes and Exponential Discrimination on Black Men. 568 V. Exponential Claims in Modern Law. 580 A. Statutory Support for Exponential Claims. 580 B. Analysis of an... 2008  
Brian Gilmore , Adrienne Decuire , Edward Davis , Tamar Meekins The Nightmare on Main Street for African-americans: a Call for a New National Policy Focus on Homeownership 10 Berkeley Journal of African-American Law & Policy 262 (2008) Law Review Articles and Other Secondary Sources   Discrimination against African Americans in housing has been a long-standing reminder of America's racist history. It is therefore, no accident that the latest crisis in the housing market can be directly linked to racially discriminatory housing practices forged over the last decade. After a decade of record growth, the rampant predatory lending... 2008  
S. Willoughby Anderson The past on Trial: Birmingham, the Bombing, and Restorative Justice 96 California Law Review 471 (April, 2008) Law Review Articles and Other Secondary Sources   Since 1989, state and national law enforcement authorities have reopened or begun investigations into at least eighteen civil rights-era murders across the South. Of those, seven cases resulted in murder or manslaughter convictions. In almost as many cases, one or more of the primary suspects had already died. Most other civil rights-era cases can... 2008  
Matthew L.M. Fletcher The Supreme Court and the Rule of Law: Case Studies in Indian Law 55-APR Federal Lawyer 26 (March/April,) Law Review Articles and Other Secondary Sources   This constitutional system floats on a sea of public acceptance. --Justice Breyer Federal Indian law has had a strange history that dates back to the foundational cases known as the Marshall Trilogy. Even though observers subject federal Indian law to rightful criticisms about the use of law to legitimize a colonial state, the dispossession of... 2008  
Matthew L.M. Fletcher The Supreme Court's Indian Problem 59 Hastings Law Journal 579 (February, 2008) Law Review Articles and Other Secondary Sources   [These] matters [are] more likely to arouse the judicial libido--voting rights, antidiscrimination laws, or environmental protection, to name only a few . . . . -- Justice Scalia [T]he Supreme Court sort of makes it up as they go along. -- Judge Roger L. Wollman This constitutional system floats on a sea of public acceptance. -- Justice Breyer What... 2008  
Dannye Holley The Supreme Courts: Did September 11th Accelerate Their Sanctioning the Constitutionality of Criminalizing Suspicion? 7 Pierce Law Review 39 (December, 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 40 A. Background. 40 B. Definitions. 42 II. Hiibel versus Pre-Hiibel: U.S. Supreme Court Precedent on the Constitutionality of Criminalizing Suspicion & Post-Hiibel Reaction to that decision by the Supreme Courts, State Legislatures, and Commentators. 45 A. Comparison of Hiibel with Pre-Hiibel U.S. Supreme Court Precedent on the... 2008  
Gabriel J. Chin , Randy Wagner The Tyranny of the Minority: Jim Crow and the Counter-majoritarian Difficulty 43 Harvard Civil Rights-Civil Liberties Law Review 65 (Winter, 2008) Law Review Articles and Other Secondary Sources   Modern constitutional law and scholarship rests on a conceptual mistake: thinking of African Americans as a minority. Scholars and courts routinely characterize African Americans as minorities who, in various ways in the past or present, were discriminated against by a hostile or indifferent majority. Typical is Justice Harlan's reassurance, in his... 2008  
Chandan Reddy Time for Rights? Loving, Gay Marriage, and the Limits of Legal Justice 76 Fordham Law Review 2849 (May, 2008) Law Review Articles and Other Secondary Sources   The only historian capable of fanning the spark of hope in the past is the one who is firmly convinced that even the dead will not be safe from the enemy if he is victorious. And this enemy has never ceased to be victorious. -- Walter Benjamin The document is not the fortunate tool of a history that is primarily and fundamentally memory; history is... 2008  
Enola G. Aird Toward a Renaissance for the African-american Family: Confronting the Lie of Black Inferiority 58 Emory Law Journal L.J. 7 (Fall 2008) Law Review Articles and Other Secondary Sources   How do we extinguish--once and for all--the lie of black inferiority that continues to undermine the ability of black people to love themselves and to love each other? That, in my view, is the hardest question regarding law, religion, and the African-American family that will have to be faced over the next twenty-five years. Like all families in... 2008  
K.J. Greene Trademark Law and Racial Subordination: from Marketing of Stereotypes to Norms of Authorship 58 Syracuse Law Review 431 (2008) Law Review Articles and Other Secondary Sources   Introduction. 431 I. Trademark Law Racial Dynamics. 433 A. Economic Analysis, Trademark Law and Racial Dynamics. 434 B. Trademark and Racial Classifications. 436 C. Section 2 of the Lanham Act and the Marketplace of Racial Norms. 437 D. Moral Rights and Trademark Law. 438 E. A History of Distortion by Stereotyping. 440 F. Stereotyping as a... 2008  
Derek W. Black Turning Stones of Hope into Boulders of Resistance: the First and Last Task of Social Justice Curriculum, Scholarship, and Practice 86 North Carolina Law Review 673 (March, 2008) Law Review Articles and Other Secondary Sources   The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors' approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social... 2008  
Alan M. Dershowitz Visibility, Accountability and Discourse as Essential to Democracy: the Underlying Theme of Alan Dershowitz's Writing and Teaching 71 Albany Law Review 731 (2008) Law Review Articles and Other Secondary Sources   I have been writing about the law and justice for half a century. My first published law review piece appeared in 1960 as a student note in the Yale Law Journal. Since that time, I have published nearly thirty books and hundreds of articles covering a wide range of legal, philosophical, historical, psychological, biblical, military, educational,... 2008  
Nicholas S. Richard Waivers of Individual Claims via Treaty: Chinese Slave Laborers, Japanese Jurisprudence, and the Solution of the European Court of Human Rights 34 Brooklyn Journal of International Law 239 (2008) Law Review Articles and Other Secondary Sources   With controversial and limited exceptions, international law provides sovereign governments with the ability to waive the claims of their citizens that arise out of war or international conflict. Nations often dispense with individual claims for war reparations or compensation by means of peace treaties with other nations, which establish the... 2008  
Richard Delgado , Jean Stefancic What If John Calmore Had a Latino/a Sibling? 86 North Carolina Law Review 769 (March, 2008) Law Review Articles and Other Secondary Sources   Over the course of a long career, John Calmore has addressed a host of issues having to do with housing for minority communities, particularly African Americans. These issues include redlining (refusal to extend credit or insurance for housing in black areas), segregation, and substandard municipal services. Although Calmore's work is pathbreaking,... 2008  
Ariela Gross When Is the Time of Slavery? The History of Slavery in Contemporary Legal and Political Argument 96 California Law Review 283 (February, 2008) Law Review Articles and Other Secondary Sources   The freed slaves then began another journey, this time not from captivity to slavery, but from slavery to citizenship and equality under the law. In re African American Slave Descendant Litigation [S]lavery itself did not end in 1865, as is commonly believed, but rather extended into the twentieth century. Randall Robinson, The Debt: What... 2008  
Rita K. Lomio Working Against the Past: the Function of American History of Race Relations and Capital Punishment in Supreme Court Opinions 9 Journal of Law in Society 163 (Winter, 2008) Law Review Articles and Other Secondary Sources   Memory of the past permeates criminal trials. This is particularly true in capital cases. In such cases, the history of capital punishment in America is ever-present, inevitably intertwined with a history of race relations. Physical trappings of the past can be found in courtroom paraphernalia. A history professor, for example, took the stand in... 2008  
John Martinez Wrongful Convictions as Rightful Takings: Protecting "Liberty-property" 59 Hastings Law Journal 515 (February, 2008) Law Review Articles and Other Secondary Sources   When . . . by a misguided or mistaken operation of the governmental machine there is a miscarriage of justice and the helpless innocent is actually convicted, the public conscience is and ought to be revolted and dismayed. The least the community can do to repair the irreparable, is to appease the public conscience by making such restitution as it... 2008  
Mark A. Levin, William S. Richardson School of Law   102 American Journal of International Law 148 (January, 2008) Law Review Articles and Other Secondary Sources   The panoply of claims against Japan and Japanese parties arising from wartime acts in the mid-twentieth century remains a pressing matter of diplomacy, international affairs, economic affairs, and domestic politics for the many nations involved in Imperial Japan's fifteen-year wars in Asia and the Pacific. One strand in this tangled web--involving... 2008  
  Defendant Honeywell International Inc.'S Reply in Support of Motion to Dismiss Plaintiffs' Complaint (6/5/2008) Trial Court Documents   Date: June 19, 2008 Time: 2:00 p.m. Courtroom: 2 Defendant Honeywell International Inc. (Honeywell) hereby files this reply brief in support of its motion to dismiss plaintiffs' complaint... 2008  
  Memorandum of Defendant Caci Premier Technology, Inc. in Support of its Motion to Dismiss Plaintiffs' Fourth Amended Complaint (1/4/2008) Trial Court Documents   Of the thirteen Plaintiffs who have alleged claims against CACI PT in this action, eleven of them make no claim that they had any interaction with a CACI PT interrogator. These Plaintiffs'... 2008  
  Memorandum of Defendants Caci International Inc and Caci Premier Technology, Inc. in Support of Their Motion to Dismiss Plaintiffs' Fourth Amended Complaint (1/4/2008) Trial Court Documents   As referenced above, Plaintiffs' Fourth Amended Complaint does not contain a single allegation of contact between a Plaintiff and a CACI PT interrogator. Rather, all of the facts relevant... 2008  
  Memorandum of Law in Opposition to Plaintiff's Motion for a Default Judgment (6/9/2008) Trial Court Documents   This memorandum is submitted by Defendants Forest City Ratner Companies, LLC (incorrectly sued herein as Forrest City Ratner Co.mpanies) (FCRC), Bruce Ratner, New Jersey Basketball, LLC... 2008  
  Memorandum of Law in Support of Defendant Barclays Bank Plc's Motion to Dismiss the Second Amended Complaint (12/3/2008) Trial Court Documents   FN1. On December 3, 2008, defendants Forest City Ratner Companies, Bruce Ratner, The New Jersey Nets, and Shawn Jay-Z Carter filed a memorandum of law in support of their motion to... 2008  
  Plaintiffs' Memorandum in Opposition to Defendant Sheikh Hamdan's Motion to Dismiss the Complaint (6/20/2008) Trial Court Documents   FN1. Sosa, 542 U.S. at 714 (Sosa would have it that the ATS was stillborn because there could be no claim for relief without a further statute expressly authorizing adoption of causes of... 2008  
  Plaintiff's Opposition in Response to Motion to Dismiss by Clark Nuber, Sedlock and Dubeck (2/25/2008) Trial Court Documents   A Rule 12(b)(6) motion should not be granted unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.... 2008  
  Plaintiffs' Opposition to Defendant Honeywell International Inc.'S Motion to Dismiss Plaintiffs' Complaint; Memorandum of Points and Authorities in Support (5/29/2008) Trial Court Documents   Date: June 19, 2008 Time: 2:00 p.m. Courtroom: 2 This case involves product liability tort claims asserted against private entities for monetary damages based on a helicopter crash during a... 2008  
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