AuthorTitleCitationDocument TypeStatusSummaryYear
Darren C. Zook Decolonizing Law: Identity Politics, Human Rights, and the United Nations 19 Harvard Human Rights Journal 95 (Spring, 2006) Law Review Articles and Other Secondary Sources   I don't care about the colour of the foot pressing on my neck--I just want to remove it. --Wole Soyinka Talk of reforming the United Nations has been around for almost as long as the institution itself has been in existence. The report on U.N. reform that appeared in December 2004, however, has added electricity and urgency to such talk. It now... 2006
  Defendants' Memorandum of Points and Authorities in Support of Their Motion to Dismiss (5/2/2006) Trial Court Documents   Action Filed: January 12, 2006 Hearing Date: September 11, 2006 The background to this case is set forth in this Court's July 25, 2005 order dismissing Tachjian et al. v. Deutsche Bank, et... 2006
  Defendants' Memorandum of Points and Authorities in Support of Their Partial Motion to Dismiss the Amended Complaint (11/28/2006) Trial Court Documents   Action Filed: January 12, 2006 Amended Complaint Filed: October 16, 2006 Requested Hearing Date: February 12, 2007 On January 12, 2006, Plaintiffs filed a Complaint in the Superior Court of... 2006
  Defendants' Reply Memorandum of Points and Authorities in Further Support of Their Motion to Dismiss (8/2/2006) Trial Court Documents   Action Filed: January 12, 2006 Hearing Date: September 11, 2006 California Code of Civil Procedure § 348 cannot apply to any of the claims against Deutsche Bank A.G. and Dresdner Bank A.G.... 2006
  Defendant's Response to Plaintiff's Proposed Findings of Fact in Response to Defendant's Motion for Summary Judgment (2/10/2006) Trial Court Documents   Pursuant to Civil L.R. 56.2, Defendant Medical College of Wisconsin (MCW), by its attorneys, Michael Best & Friedrich LLP, presents the following response to Plaintiffs Proposed Findings... 2006
Vasuki Nesiah Discussion Lines on Gender and Transitional Justice: an Introductory Essay Reflecting on the Ictj Bellagio Workshop on Gender and Transitional Justice 15 Columbia Journal of Gender and Law 799 (2006) Law Review Articles and Other Secondary Sources   Feminist interventions have challenged the field of transitional justice, developed approaches, and formulated critiques that have revisited many foundational assumptions regarding the human rights canon and the role of legal processes, truth commissions, and other institutions in advancing justice struggles. In some areas feminist interventions in... 2006
Mary Clark Domestic Violence in the Haitian Culture and the American Legal Response: Fanm Ayisyen Ki Gen Kouraj 37 University of Miami Inter-American Law Review 297 (Winter 2006) Law Review Articles and Other Secondary Sources   I. Introduction. 298 II. History of Haitian Society and Culture. 299 A. Haitian Colonial History. 300 B. The Haitian Revolution and the Modern Era. 301 C. Women's Efforts in the Modern Era. 303 III. Domestic Violence in Haiti. 304 A. Male/Female Relations in Haiti. 304 B. Lack of Intervention. 305 C. Consequences of Domestic Violence for Women and... 2006
Brandon R. Johnson Emerging Awareness after the Emergence of Roberts: Reasonable Societal Reliance in Substantive Due Process Inquiry 71 Brooklyn Law Review 1587 (Summer 2006) Law Review Articles and Other Secondary Sources   Substantive due process is under attack. Judicially, politically, academically, and even socially, a coalition of forces threatens substantive due process arguing against what it sees as social legislation from the bench. A continued assault is even more likely now that the death of Chief Justice Rehnquist and the retirement of Justice O'Connor... 2006
Terry Smith Equal Favoritism under the Law and Intelligent Design in Redistricting 74 Fordham Law Review 2259 (March, 2006) Law Review Articles and Other Secondary Sources   Recently, Associate Justice John Paul Stevens was joined on the United States Supreme Court by a new Chief Justice who subscribed to this view about amending section 2 of the Voting Rights Act of 1965: As Justice Stewart correctly noted in his opinion in City of Mobile v. Bolden, incorporation of an effects test in §2 would establish essentially a... 2006
Jerry Kang , Mahzarin R. Banaji Fair Measures: a Behavioral Realist Revision of "Affirmative Action" 94 California Law Review 1063 (July, 2006) Law Review Articles and Other Secondary Sources   Bias both conscious and unconscious, reflecting traditional and unexamined habits of thought, keeps up barriers that must come down if equal opportunity and nondiscrimination are ever genuinely to become the country's law and practice. -- Justice Ginsburg, dissenting in Adarand Constructors, Inc. v. Pena One thing I have learned in a long life:... 2006
Eric L. Muller Fixing a Hole: How the Criminal Law Can Bolster Reparations Theory 47 Boston College Law Review 659 (July, 2006) Law Review Articles and Other Secondary Sources   Abstract: High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have... 2006
Ruben J. Garcia Foreword: Confronting the Rights Deficit at Home and Abroad 43 California Western Law Review Rev. 1 (Fall 2006) Law Review Articles and Other Secondary Sources   In 2005, Hurricane Katrina exposed a rights deficit on the Gulf Coast. At the end of August 2005, legacies of racial, economic and social inequality were laid bare on the nation's televisions and computer screens. More than a year later, one can look at any number of measures of progress and the lack of progress in New Orleans--the lack of... 2006
Wendy B. Scott From an Act of God to the Failure of Man: Hurricane Katrina and the Economic Recovery of New Orleans 51 Villanova Law Review 581 (2006) Law Review Articles and Other Secondary Sources   LIKE Dr. Martin Luther King, Jr., and some of you here today, I am a devout Christian, which means that I believe in the Gospel of Jesus Christ and redemption through faith. I begin the lecture with this declaration because, more than anything else, this has been a spiritual journey for me and my husband and for many of the New Orleanians now... 2006
R. A. Lenhardt Grave Building: a Tribute to Charles J. Ogletree, Jr., and His Evolving Legacy 22 Harvard BlackLetter Law Journal 153 (Spring, 2006) Law Review Articles and Other Secondary Sources   When she was alive my grandmother, Mary Nell, would speak often of her father, Alexander Hartman. I never had the pleasure of meeting my great-grandfather. He died long before I was born. But I am told that he was a kind and affable man, intelligent and loving, especially with my grandmother, with whom he was very close. According to my... 2006
Alfred L. Brophy Grave Matters: the Ancient Rights of the Graveyard 2006 Brigham Young University Law Review 1469 (2006) Law Review Articles and Other Secondary Sources   The system of property and law goes back for its origin to barbarous and sacred times; it is the fruit of the same mysterious cause as the mineral or animal world. There is a natural sentiment and prepossession in favor of age, of ancestors, of barbarous and aboriginal usages, which is a homage to the element of necessity and divinity which is in... 2006
  Gross v. German Foundation Indus. Initiative 456 F.3d 363, United States Court of Appeals, Third Circuit. (8/3/2006) Cases As of January 6, 2020 case has not been reversed or overruled. INTERNATIONAL LAW - Jurisdiction. Claim brought by persons subject to labor during WWII obligations in settlement was not a nonjusticiable political question. 2006
  In re African-american Slave Descendants Litigation 471 F.3d 754, United States Court of Appeals, Seventh Circuit. (12/13/2006) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. CIVIL RIGHTS - Parties. Descendants of slaves lacked standing to sue private companies for reparations in federal court. 2006
M. Stuart Madden Integrating Comparative Law Concepts into the First Year Curriculum: Torts 56 Journal of Legal Education 560 (December, 2006) Law Review Articles and Other Secondary Sources   Civil remedies for wrongful harm are available in every country. In each instance their availability, in one form or another, reaches back for centuries, or even millennia. Yet in the conventional first-year torts course there is scant, if any, recognition of this, much less inquiry into particular past or current applications from other countries... 2006
Helen Hershkoff Integrating Transnational Legal Perspectives into the First Year Civil Procedure Curriculum 56 Journal of Legal Education 479 (December, 2006) Law Review Articles and Other Secondary Sources   For better or worse, law schools increasingly are rethinking their educational missions in the light of globalizationa complicated idea that builds on the expansion of international markets, the interconnection of communication, the protection of human rights, and the interrelation of ecological concerns. My home school, the New York University... 2006
Observations and Remembrances of Maurice Hope-Thompson, Charles E. Walker, Bernard W. Greene Introduction to the Anniversary Symposium for the Boston College Third World Law Journal 26 Boston College Third World Law Journal L.J. 3 (Winter, 2006) Law Review Articles and Other Secondary Sources   The 25th anniversary symposium of the Boston College Third World Law Journal brought together founding editors of the Journal to honor both the Journal and the indispensable work of Professor Ruth-Arlene W. Howe, who provided the faculty guidance and intellectual support that made the Journal possible. Professor Howe is the one original adviser of... 2006
Thomas Kleven Is Capital Punishment Immoral Even If it Deters Murder? 46 Santa Clara Law Review 599 (2006) Law Review Articles and Other Secondary Sources   After years of inconclusive debate, recent studies purport to demonstrate that capital punishment really does deter murder, and that multiple lives are saved for each person executed. The basic thrust of the findings appears to be that, while at low levels of execution there is no deterrent effect and even a brutalizing effect that increases... 2006
Eric J. Miller Keeping it Real: Empathy and Heroism in the Work of Charles J. Ogletree, Jr. 22 Harvard BlackLetter Law Journal 131 (Spring, 2006) Law Review Articles and Other Secondary Sources   Early in his academic career, Professor Charles J. Ogletree, Jr., universally and affectionately known as Tree, sought to translate the many lessons learned as a public defender into a series of powerful articles discussing criminal procedure in general, and the ethics of public defenders in particular. In this tribute, I shall suggest that... 2006
Dolores Huerta, Peter Edelman Keynote Addresses 3 Hastings Race and Poverty Law Journal 203 (Spring 2006) Law Review Articles and Other Secondary Sources   MS. DOLORES HUERTA: In talking about all of the things that create poverty and of course many of those are based on racism, I want to use the Farm Workers as an example--I think if you go to college you can get an ethnic studies program or labor studies, or a Women's Studies program, but unfortunately the majority of our population do not get to go... 2006
Kristl K. Ishikane Korean Sex Slaves' Unfinished Journey for Justice: Reparations from the Japanese Government for the Institutionalized Enslavement and Mass Military Rapes of Korean Women During World War Ii 29 University of Hawaii Law Review 123 (Winter 2006) Law Review Articles and Other Secondary Sources   I can no longer tolerate the lies of the Japanese government. Kim Hak-Sun On August 14, 1991, Kim Hak-Sun broke the silence that had tormented her for more than fifty years. Disgusted with the Japanese government's lies about its wartime atrocities, she became the first victim to publicly tell the story of her life as a Korean sex slave of the... 2006
Berta Hernández-Truyol, Angela Harris, Francisco Valdés Latcrit X Afterword: Beyond the First Decade: a Forward-looking History of Latcrit Theory, Community and Praxis 26 Chicana/o-Latina/o Law Review 237 (Spring 2006) Law Review Articles and Other Secondary Sources   Introduction. 238 I. A Brief History of LatCrit Precursors. 241 A. Intellectual and Political Sources of LatCrit/CRT. 241 1. Intellectual Sources of LatCrit. 241 2. Political Sources of LatCrit. 248 II. LatCrit: From Concept to Practice. 252 A. Origins: Background Experience and Social Context. 253 B. The First Decade: Learning From Experience.... 2006
John G. Simon Let Us Count the Ways: a Tribute to Boris Bittker 115 Yale Law Journal 751 (1/1/2006) Law Review Articles and Other Secondary Sources   How do we remember Boris? Let us count the ways. What is salient for some hundreds or thousands is the memory of his inspired teaching, a memory I share from his tax classes fifty-four years ago, including the humor: I am, at heart, he said, a ham. An even larger audience stands in awe (as I do) of the monumental written output that made Boris... 2006
Ryan Micallef Liability Laundering and Denial of Justice: Conflicts Between the Alien Tort Statute and the Government Contractor Defense 71 Brooklyn Law Review 1375 (Spring 2006) Law Review Articles and Other Secondary Sources   This Note explores the conflicts between two bodies of law implicated by a specific and growing class of cases. The Alien Tort Statute (ATS) grants federal jurisdiction over cases brought by aliens alleging tortious violations of international law. Victims and human rights groups have increasingly used the ATS as an enforcement tool against... 2006
Stanley A. Halpin Looking over a Crowd and Picking Your Friends: Civil Rights and the Debate over the Influence of Foreign and International Human Rights Law on the Interpretation of the U.s. Constitution 30 Hastings International and Comparative Law Review Rev. 1 (Fall 2006) Law Review Articles and Other Secondary Sources   Our problem has to be internationalized. - Malcolm X, 1965 Efforts to bring about equal civil rights for African Americans have often included calls to approach the problem internationally. While some movement has been made in this direction, it has been insufficiently energetic. The United States has historically opposed applying international... 2006
  Maersk, Inc. v. Neewra, Inc. 443 F.Supp.2d 519, United States District Court, S.D. New York. (8/1/2006) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. MARITIME LAW - Shipping. Carrier's complaint alleged valid maritime contract claim. 2006
  Marrow v. Roanoke Elec. Membership Corp. Not Reported in F.Supp.2d, United States District Court, E.D. North Carolina, Western Division. (8/7/2006) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the court on defendants' motion to dismiss for lack of subject matter jurisdiction pursuant to Fed.R.Civ.P. 12(b)(1) and for failure to state a claim upon which relief may be granted pursuant to Fed.R.Civ.P. 12(b)(6). Plaintiff began work for defendant Roanoke Electric Membership Corporation (Roanoke) on 27 November 2000 as... 2006
  Memorandum in Support of Oil Company Defendants' Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim Based on Federal Law Grounds (6/30/2006) Trial Court Documents   FN1. Certain oil company defendants are Murphy Oil USA, Inc., Shell Oil Company, Chevron U.S.A. Inc., Exxon Mobil Corporation, and ConocoPhillips Company. Incorrectly named as an oil... 2006
  Memorandum of Defendants Caci International Inc, Caci, Inc.-federal, and Caci Premier Technology, Inc. in Support of Their Motion to Dismiss Plaintiffs' Third Amended Complaint (4/7/2006) Trial Court Documents   The CACI Defendants seek dismissal of Plaintiffs' TAC pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Plaintiffs' TAC fails to state a claim for which relief may be... 2006
  Memorandum of Defendants Caci International Inc, Caci, Inc.-federal, and Caci Premier Technology, Inc. in Support of Their Motion to Dismiss Plaintiffs' Third Amended Complaint (4/7/2006) Trial Court Documents   The CACI Defendants seek dismissal of Plaintiffs' TAC pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). Plaintiffs' TAC fails to state a claim for which relief may be... 2006
  Memorandum of Law in Support of Motion to Dismiss of Defendant Soci%21et%21e Nationale Des Chemins De Fer Fran%26cais (7/6/2006) Trial Court Documents   Plaintiffs' claims herein are based on allegations that the defendants took personal property of Holocaust victims being transported from France to concentration camps in Germany or areas... 2006
  Memorandum of Law in Support of Motion to Dismiss of Defendant Societe Nationale Des Chemins De Fer Francais (7/6/2006) Trial Court Documents   Plaintiffs' claims herein are based on allegations that the defendants took personal property of Holocaust victims being transported from France to concentration camps in Germany or areas... 2006
  Motion of Defendants Caci International Inc, Caci, Inc.-federal, and Caci Premier Technology, Inc. to Dismiss Plaintiffs' Third Amended Complaint (4/7/2006) Trial Court Documents   In their Third Amended Complaint (Complaint or TAC). Plaintiffs assert that Defendants tortured and otherwise mistreated Plaintiffs and the class of persons held at Abu Ghraib and... 2006
Larry Catá Backer Multinational Corporations, Transnational Law: the United Nations' Norms on the Responsibilities of Transnational Corporations as a Harbinger of Corporate Social Responsibility in International Law 37 Columbia Human Rights Law Review 287 (Winter 2006) Law Review Articles and Other Secondary Sources   This Article considers the ramifications of current efforts to internationalize the regulation of corporate social responsibility. The primary focus will be on the United Nations' efforts to regulate transnational corporations through the development of its Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises... 2006
Sherrie Armstrong Tomlinson No New Orleanians Left Behind: an Examination of the Disparate Impact of Hurricane Katrina on Minorities 38 Connecticut Law Review 1153 (July, 2006) Law Review Articles and Other Secondary Sources   The television images were shocking and arresting: on August 28, 2005, Hurricane Katrina, a Category 3 hurricane, roared into Louisiana, Mississippi, and Alabama. Notably, New Orleans experienced unprecedented devastation as the levees surrounding the city broke, resulting in significant flooding. While the flooding alone set the images from New... 2006
Perry S. Smith Of War and Peace: the Hudaibiya Model of Islamic Diplomacy 18 Florida Journal of International Law 135 (April, 2006) Law Review Articles and Other Secondary Sources   In May 1994, the late Yasir Arafat, commenting on the existing Palestinian/Israeli peace accord, stated: I see this agreement as being no more than the agreement signed between our Prophet Muhammad and the Quraysh in Mecca. This is a reference to the Treaty of Hudaibiya, a ten-year peace treaty concluded between Muhammad and the Quraysh in A.D.... 2006
Benjamin E. Pollock Out of the Night and Fog: Permitting Litigation to Prompt an International Resolution to Nazi-looted Art Claims 43 Houston Law Review 193 (Symposium 2006) Law Review Articles and Other Secondary Sources   I. Introduction. 194 II. The Night and Fog. 195 A. Looted Art and the Holocaust. 196 B. Restitution: A Job Unfinished. 197 III. Successes and Failures in Resolving Holocaust-Era Claims. 198 A. International Agreements and Reparations Settlements. 199 B. International Conventions on Stolen Property. 203 C. Legislation and the Art Community in the... 2006
  Plaintiffs' Brief in Opposition to Defendant Irvine's Motion to Dismiss (4/14/2006) Trial Court Documents   COME NOW Plaintiffs and file this Brief in Opposition to Defendant Richard Irvine's Motion to Dismiss, as follows: This case arises from severe and permanent personal injuries suffered by... 2006
  Plaintiffs' Supplemental Disclosure of Expert Testimony of Albert Black, Ph.d. (7/19/2006) Expert Materials   COME NOW the above-named Plaintiffs and pursuant to the Minute Order Scheduling Jury Trial and Pretrial Dates and CR 26, do hereby disclose the following expert witness whom will be called... 2006
Graham O'Donoghue Precatory Executive Statements and Permissible Judicial Responses in the Context of Holocaust-claims Litigation 106 Columbia Law Review 1119 (June, 2006) Law Review Articles and Other Secondary Sources   The President possesses power to settle claims between private litigants and foreign sovereigns through the use of executive agreements. In the context of recent Holocaust-claims litigation, however, the executive branch has chosen a different course: The United States entered into sole executive agreements with Germany, Austria, and France,... 2006
Lydia Edwards Protecting Black Tribal Members: Is the Thirteenth Amendment the Linchpin to Securing Equal Rights Within Indian Country? 8 Berkeley Journal of African-American Law & Policy 122 (2006) Law Review Articles and Other Secondary Sources   Today a contentious division between descendants of former slaves and formerly slaveholding tribes has resulted in the loss of voting rights, access to federally funded programs, and identity for those descendents. Yet their tribal membership has survived, until recent attempts by the Cherokee and Seminole Tribes to disenfranchise and even... 2006
Michelle Adams Radical Integration 94 California Law Review 261 (March, 2006) Law Review Articles and Other Secondary Sources   It is a beautiful summer day. An aunt and her nine-year-old niece, both black, are driving from New York City to a Long Island resort to visit white friends. The aunt lives in a racially mixed community, her niece in a predominantly black neighborhood. Their friends have a modest boat docked at a marina which has a large pool. While the scenery is... 2006
Aya Gruber Raising the Red Flag: the Continued Relevance of the Japanese Internment in the Post-hamdi World 54 University of Kansas Law Review 307 (1/1/2006) Law Review Articles and Other Secondary Sources   Most of what I have learned and internalized about the Japanese internment came from my mother, Mariko Hirata. My mother was just a young girl when her own government imprisoned her. Growing up, I heard all about the cold, the dirt, the embarrassing communal showers, the shame, and the guns. My mother painted a picture of her family's perpetually... 2006
Verna L. Williams Reading, Writing, and Reparations: Systemic Reform of Public Schools as a Matter of Justice 11 Michigan Journal of Race and Law 419 (Spring 2006) Law Review Articles and Other Secondary Sources   INTRODUCTION. 420 I. Reparations Theory: Performing Critical Race Theory and Praxis. 428 A. Contextualizing Race and Racism. 429 B. Promoting Systemic Change. 430 C. Extending Beyond a Binary Approach to Race. 432 II. Assessing The Brown Fund Act as a Reparative Measure. 435 A. Prince Edward County: Beyond Massive Resistance. 437 B. Putting the... 2006
Steven M. Pyser Recess Appointments to the Federal Judiciary: an Unconstitutional Transformation of Senate Advice and Consent 8 University of Pennsylvania Journal of Constitutional Law 61 (January, 2006) Law Review Articles and Other Secondary Sources   The importance of judicial independence from executive and legislative control is a deeply held tenet of American democracy. The Declaration of Independence, the Constitution, and some of the most important early writings on the American constitutional system stress the importance of an independent judiciary. Chief Justice John Marshall espoused:... 2006
Alfred L. Brophy Reconsidering Reparations 81 Indiana Law Journal 811 (Summer, 2006) Law Review Articles and Other Secondary Sources   Eric Posner's and Adrian Vermeule's essay, Reparations for Slavery and Other Historic Injustices, seeks a framework for defining reparations and evaluating reparations claims. It explores a limited set of past reparations, as well as the connections between those asked to pay reparations and past wrongdoers, and the connections between those... 2006
  Reg-122380-02 Degen (5/2/2006) Administrative Decisions & Guidance     2006
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