AuthorTitleCitationDocument TypeStatusSummaryYear
Frederick Mark Gedicks Religions, Fragmentations, and Doctrinal Limits 15 William & Mary Bill of Rights Journal 25 (October, 2006) Law Review Articles and Other Secondary Sources   The title of this symposium, Religion, Division, and the Constitution, suggests certain presuppositions: there is a set of activities captured by the term religion; these activities might be politically or socially or culturally divisive (though maybe not); and constitutional law should do something about this (or, again, maybe not). Together,... 2006
Louis H. Pollak Remembering Boris 115 Yale Law Journal 745 (1/1/2006) Law Review Articles and Other Secondary Sources   Think back. Boris Bittker's life at the Yale Law School began as an entering student, in September of 1938, sixty-seven years ago, in the closing months of the deanship of Charles E. Clark, just before Dean Clark decamped for the Second Circuit. When Boris graduated with honors in 1941, he too decamped for the Second Circuit, to clerk for Jerome... 2006
Timothy William Waters Remembering Sudetenland: on the Legal Construction of Ethnic Cleansing 47 Virginia Journal of International Law 63 (Fall 2006) Law Review Articles and Other Secondary Sources   I. To Begin: Something Uninteresting, and Something New. 64 II. Aims of the Article. 66 III. An Attempt at an Uncontroversial Historical Primer. 69 A. Czechoslovakia and Munich. 69 B. The Benes Decrees. 70 C. The Expulsions or Transfers. 73 D. The Potsdam Agreement. 75 E. The Cold War. 76 F. 1989 and the EU Accession Process. 78 IV. The Consensus... 2006
  Reply in Support Ofmotion to Dismiss Count Five (1/25/2006) Trial Court Documents   Defendants hereby reply in support of their Motion to Dismiss Count Five of Plaintiff's Complaint. This Reply is supported by the accompanying Memorandum of Points and Authorities, and all... 2006
  Response of Plaintiffs-appellees (8/18/2006) Briefs   Term Definition ATS Alien Tort Statute BPMIGAS Badan Pelaksana Kegiatan Usaha Hulu Minyak dan Gas Bumi (Indonesian state-owned upstream oil and gas regulator) Br. Brief of Appellants Exxon... 2006
Amy J. Sepinwall Responsibility for Historical Injustices: Reconceiving the Case for Reparations 22 Journal of Law & Politics 183 (Summer 2006) Law Review Articles and Other Secondary Sources   We will have to repent . . . not only for the vitriolic words and actions of the bad people, but for the appalling silence of the good people. The twentieth century ended with the vindication of many of its most mistreated victims' cries for reparation. Holocaust survivors retrieved over $8 billion in assets frozen in bank accounts or looted by... 2006
Michael F. Blevins, J.D., M. Div., L.L.M.-Intercultural Human Rights , LL.M. Thesis, St. Thomas University School of Law Restorative Justice, Slavery, and the American Soul, a Policy-oriented Intercultural Human Rights Approach to the Question of Reparations 31 Thurgood Marshall Law Review 253 (Spring, 2006) Law Review Articles and Other Secondary Sources   Power never concedes anything without a demand. It never has and never will. -Frederick Douglass (1817-1895) The moral arc of the universe is long, but it bends toward justice. -Theodore Parker (1810-1860) 9-11-01 changed everything. We know the refrain well. And so did September 2005: Hurricane Katrina caused more destruction and human suffering... 2006
William P. Quigley Revolutionary Lawyering: Addressing the Root Causes of Poverty and Wealth 20 Washington University Journal of Law and Policy 101 (2006) Law Review Articles and Other Secondary Sources   I am convinced that if we are to get on the right side of the world revolution, we as a nation must undergo a radical revolution of values. We must rapidly begin the shift from a thing-oriented society to a person-oriented society. When machines and computers, profit motives and property rights are considered more important than people, the... 2006
Gregory C. Pingree Rhetorical Holy War: Polygamy, Homosexuality, and the Paradox of Community and Autonomy 14 American University Journal of Gender, Social Policy and the Law 313 (2006) Law Review Articles and Other Secondary Sources   Introduction. 314 I. A Brief History of Mormon Polygamy. 319 II. The Narrative Battle Over the Legitimacy of Mormon Polygamy. 323 A. Narrative, Textuality, and Fundamentalist Versus Literary Reading. 323 B. The Fundamentalist Problem of Rhetorical Reductivism. 330 C. Cultural Narratives of Mormon Polygamy. 335 D. Legal Narratives of Mormon... 2006
Brent T. White Say You're Sorry: Court-ordered Apologies as a Civil Rights Remedy 91 Cornell Law Review 1261 (9/1/2006) Law Review Articles and Other Secondary Sources   This Article proposes that civil rights plaintiffs pursuing cases against governmental defendants should be entitled to receive court-ordered apologies as an equitable remedy. Part I discusses the importance of apology in American society and concludes that apology is culturally embedded as an essential component of everyday dispute resolution.... 2006
Brenda V. Smith Sexual Abuse of Women in United States Prisons: a Modern Corollary of Slavery 33 Fordham Urban Law Journal 571 (January, 2006) Law Review Articles and Other Secondary Sources   I initially began working on this paper in connection with a project that looked at the transatlantic abolition movement in the United States and Europe from 1830 to 1870 with a focus on early feminist efforts. In that initial effort, it became clear that sexual abuse of women in prison and the sexual abuse of female slaves shared many... 2006
Richard Delgado Shooting the Messenger 30 American Indian Law Review 477 (2005-2006) Law Review Articles and Other Secondary Sources   Ward Churchill, On the Justice of Roosting Chickens: Consequences of U.S. Imperial Arrogance and Criminality, AK Press, 2003 $15.95 If you could choose, which would you rather know - what your best friends think of you, or your worst enemies? Most of us, I suspect, would, upon consideration, choose the latter. Equipped with at least some degree of... 2006
Timothy Webster Sisyphus in a Coal Mine: Responses to Slave Labor in Japan and the United States 91 Cornell Law Review 733 (March, 2006) Law Review Articles and Other Secondary Sources   Introduction. 734 I. Slave Labor: In Practice and Theory. 736 A. Solving Japan's Wartime Labor Shortage. 736 B. Slave Labor as a Violation of International Law. 738 1. International Treaty Law. 738 2. Customary International Law. 740 C. Slave Labor as a Violation of Japanese and Chinese Domestic Law. 742 1. Japanese Law. 742 2. Chinese Law. 743 II.... 2006
Joshua M. Levine Stigma's Opening: Grutter's Diversity Interest(s) and the New Calculus for Affirmative Action in Higher Education 94 California Law Review 457 (March, 2006) Law Review Articles and Other Secondary Sources   In summary, the Equal Protection Clause does not prohibit the Law School's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body. So concluded Justice Sandra Day O'Connor's majority opinion in Grutter v. Bollinger upholding the University... 2006
Aviam Soifer Text-mess: There Is No Textual Basis for Application of the Takings Clause to the States 28 University of Hawaii Law Review 373 (Summer, 2006) Law Review Articles and Other Secondary Sources   There can be no denying that the entire country has witnessed loud, frequent, and riveting fireworks following the United States Supreme Court's decision in Kelo v. City of New London. Much of the reaction may have been orchestrated by well-organized critics of the decision, but the stark and vehement differences among the Justices surely helped to... 2006
Ronald Clifford The African American Family v. the United States: a Template for the Lawsuit for Just Compensation 5 Whittier Journal of Child and Family Advocacy 603 (Spring 2006) Law Review Articles and Other Secondary Sources   Payment for past wrongs is a fundamental part of the American Legal System. In the American system, tort law compensates wrongs by allowing the victims to sue wrongdoers civilly. When people have suffered a harm by no fault of their own, they expect to be made whole again by the person who is at fault. These concepts act as the foundation of this... 2006
Jon Hanson, Kathleen Hanson The Blame Frame: Justifying (Racial) Injustice in America 41 Harvard Civil Rights-Civil Liberties Law Review 413 (Summer, 2006) Law Review Articles and Other Secondary Sources   C1-5Table of Contents I. L2-4,T4Introduction 415 II. L2-4,T4Peculiar . Cravings . of the Human Creature 418 A. L3-4,T4The Psychology of Blame-Framing 418. B. L3-4,T4The Errors Illuminate 425. III. L2-4,T4The Confusion of Our Forebears 429 A. L3-4,T4Native Americans 429. B. L3-4,T4African American 432. 1. Justifying Separate but Unequal. 432... 2006
Mark S. Kende The Constitutionality of the Death Penalty: South Africa as a Model for the United States 38 George Washington International Law Review 209 (2006) Law Review Articles and Other Secondary Sources   South Africa has disallowed capital punishment for over a decade, yet violent crime there remains frequently newsworthy, even internationally. Moreover, the crime rate is among the highest in the world. In 2000 a man broke into South African President Thabo Mbeki's house despite heavy security, and made himself comfortable drinking brandy for... 2006
Christopher A. Bracey The Cul De Sac of Race Preference Discourse 79 Southern California Law Review 1231 (9/1/2006) Law Review Articles and Other Secondary Sources   I. INTRODUCTION. 1232 II. THE PEDIGREE OF CONTEMPORARY RHETORIC OPPOSING RACE PREFERENCES. 1238 A. Innocence. 1242 1. Racial Innocence Rhetoric in Modern Legal Discourse. 1246 2. The Pedigree of Racial Innocence Rhetoric. 1255 B. Merit. 1265 1. Merit Rhetoric in Modern Legal Discourse. 1268 2. The Pedigree of Merit Rhetoric. 1272 C. Stigma of... 2006
Richard Delgado The Current Landscape of Race: Old Targets, New Opportunities 104 Michigan Law Review 1269 (May, 2006) Law Review Articles and Other Secondary Sources   Whitewashing Race: The Myth of a Color-Blind Society. By Michael K. Brown, Martin Carnoy, Elliott Currie, Troy Duster, David B. Oppenheimer, Marjorie M. Shultz, and David Wellman. Berkeley, Los Angeles, and London: University of California Press. 2003. Pp. vii, 338. Cloth, $40; paper, $17.95. All Deliberate Speed: Reflections on the First... 2006
  The Dow Chemical Company (3/2/2006) Administrative Decisions & Guidance     2006
M. Stuart Madden The Græco-roman Antecedents of Modern Tort Law 44 Brandeis Law Journal 865 (Summer, 2006) Law Review Articles and Other Secondary Sources   All legal systems, and the norms and mores that preceded them, originate in a cultural context. The distinctive form of each system reveals a symbiotic relationship with the society and the social order it serves. The law of ancient Greece, and that of ancient Rome, developed in cultural environs that were strongly status based, with the factors of... 2006
Kevin R. Johnson The Legacy of Jim Crow: the Enduring Taboo of Black-white Romance 84 Texas Law Review 739 (February, 2006) Law Review Articles and Other Secondary Sources   Over the last one hundred years, racial equality has made momentous strides in the United States. State-enforced segregation ended. Slowly but surely, the nation dismantled Jim Crow. As part of that dismantling, the Supreme Court struck down bans on interracial marriage, which were popular in many states. Interracial relationships have increased... 2006
Richard A. Primus The Riddle of Hiram Revels 119 Harvard Law Review 1680 (April, 2006) Law Review Articles and Other Secondary Sources   Introduction. 1681 I. Recovering Revels. 1685 A. The Senate Confronts the Riddle. 1685 B. The Revels Debate as Constitutional Interpretation. 1691 1. Nonjudicial Constitutionalism. 1691 2. Politics and Principles. 1692 3. What Makes Principles Constitutional ?. 1698 II. What We Can Learn From Revels. 1703 A. Legalisms and Larger Principles. 1704... 2006
Richard B. Bilder The Role of Apology in International Law and Diplomacy 46 Virginia Journal of International Law 433 (Spring 2006) Law Review Articles and Other Secondary Sources   I. What Do We Mean by an Apology?. 437 II. Some Recent Diplomatic Apologies. 440 III. Apology as a Formal Remedy in International Law. 449 IV. Apology as Practice Affecting the Formation or Reinforcement of Customary International Law, Treaty Interpretation, or Estoppel. 453 V. Are State-to-State Apologies Different from Other Kinds of... 2006
Richard J. Goldstone The South African Truth and Reconciliation Commission 12 Dispute Resolution Magazine 19 (Spring, 2006) Law Review Articles and Other Secondary Sources   Accountability for war crimes and other serious human rights violations is invariably the result of a complex mix of calls from victims for justice and acknowledgment, on the one hand--and political resistance from perpetrators to be held accountable, on the other. In South Africa, there was a political compromise between Nuremberg-style trials for... 2006
Grace Murphy Long The Sunset of Equity: Constructive Trusts and the Law-equity Dichotomy 57 Alabama Law Review 875 (Spring 2006) Law Review Articles and Other Secondary Sources   Introduction 876 I. The Demise of the Irreparable Injury Rule?. 877 A. Douglas Laycock's Theory That the Irreparable Injury Rule Is Obsolete in Modern Courts. 877 1. Laycock's Thesis. 877 2. Criticisms of The Death of the Irreparable Injury Rule. 879 B. Rising Trend to Tailor Equitable (Injunctive) Relief to the Specific Harm. 880 II. Expanding the... 2006
Philip C. Aka The Supreme Court and Affirmative Action in Public Education, with Special Reference to the Michigan Cases 2006 Brigham Young University Education and Law Journal L.J. 1 (2006) Law Review Articles and Other Secondary Sources   I. Introduction. 2 II. From Civil Rights to Affirmative Action: The Role of the Supreme Court in the Development of Affirmative Action Policies in America. 13 A. The Supreme Court as a Policymaking Institution. 14 B. The Supreme Court and the Zig-Zags of African American Civil Rights from Dred Scott to Brown v. Board of Education. 16 1.... 2006
Christine K. Knox They've Lost Their Marbles: 2002 Universal Museums' Declaration, the Elgin Marbles and the Future of the Repatriation Movement 29 Suffolk Transnational Law Review 315 (Summer 2006) Law Review Articles and Other Secondary Sources   Some calm spectator, as he takes his view In silent indignation mix'd with grief, Admires the plunder, but abhors the thief In December 2002, the world's leading museums united for the first time to issue a declaration on the importance and value of universal museums (Declaration). The directors of the world's forty or so foremost museums issued... 2006
Carlton F.W. Larson Titles of Nobility, Hereditary Privilege, and the Unconstitutionality of Legacy Preferences in Public School Admissions 84 Washington University Law Review 1375 (2006) Law Review Articles and Other Secondary Sources   This Article argues that legacy preferences in public university admissions violate the Constitution's prohibition on titles of nobility. Examining considerable evidence from the late eighteenth century, the Article argues that the Nobility Clauses were not limited to the prohibition of certain distinctive titles, such as duke or earl, but had... 2006
Emily M.S. Houh Toward Praxis 39 U.C. Davis Law Review 905 (March, 2006) Law Review Articles and Other Secondary Sources   C1-3Table of Contents L1-2Introduction . L3907 I. Foundations and Aspirations of the Good Faith Antidiscrimination Claim. 908 A. Carbado and Gulati's Working Identity Theory. 909 B. The Need for the Publicization of Private Law. 912 II. The Elements of the Good Faith Antidiscrimination Claim: Operationalizing Working Identity Theory. 919 A.... 2006
Mary L. Clark Treading on Hallowed Ground: Implications for Property Law and Critical Theory of Land Associated with Human Death and Burial 94 Kentucky Law Journal 487 (2005-2006) Law Review Articles and Other Secondary Sources   In the aftermath of September 11, 2001, the land underlying the World Trade Center towers has come to be regarded as hallowed ground, unsuitable for private commercial development. How did this happen? The land was deemed consecrated by the deaths of nearly 3,000 people that day, including those who worked in the towers and those who died trying to... 2006
  United States' Response in Opposition to Defendant's Motion to Dismiss (11/14/2006) Trial Court Documents   The United States files this response in opposition to Defendant Garry P. Webb's, a/k/a Garry P. Webb-Bey, motion to dismiss on various frivolous grounds. Webb's motion is vague, and at... 2006
John C. Knechtle When to Regulate Hate Speech 110 Penn State Law Review 539 (Winter 2006) Law Review Articles and Other Secondary Sources   Laws that prohibit the expression of hate, commonly called hate speech, against individuals or groups based on national or ethnic origin, race, or religion are widely debated. Such laws proscribe a variety of types of speech including racial, ethnic and religious epithets, historical revisionism about racial or religious groups (i.e. denying the... 2006
Pierre d'Argent Wrongs of the Past, History of the Future? 17 European Journal of International Law 279 (February, 2006) Law Review Articles and Other Secondary Sources   Ulrich, George and Louise Krabbe Boserup (eds), Reparations: Redressing Past Wrongs, Human Rights in Development Yearbook 2001. The Hague/London/New York: Kluwer Law International/Oslo: Nordic Human Rights Publications, 2003. Pp. 447. Boisson de Chazournes, Laurence, Jean-François Quéguiner and Santiago Villalpando (eds), Crimes de l'histoire et... 2006
Patrick M. Garry A Half-century since Brown: the Legal Academy's Views of Racism 42 Idaho Law Review 209 (2005) Law Review Articles and Other Secondary Sources   A little more than five decades have passed since the Supreme Court's monumental ruling in Brown v. Board of Education of Topeka. In the Court's most recent decision on race, where it upheld the University of Michigan Law School's use of a race-based admissions program, the Court laid out a twenty-five-year timetable for the use of racial... 2005
Richard M. Buxbaum A Legal History of International Reparations 23 Berkeley Journal of International Law 314 (2005) Law Review Articles and Other Secondary Sources   We have witnessed an increasing interest in reparations over the past decade, an interest derived from episodes both domestic and international, ranging historically from the legacy of slavery in the United States to events occurring these past ten years in Iraq and the Horn of Africa. One principal event, which not only generated most of the... 2005
James Gordley A Tribute to Richard Buxbaum 23 Berkeley Journal of International Law 283 (2005) Law Review Articles and Other Secondary Sources   It is my honor to introduce Richard Buxbaum, our Jackson Ralston Professor of International Law. I talked to him about this speech, and he told me to go easy on the professional honors that he has received. I can't do that--this speech is supposed to honor Dick, so he will have to just sit and bear with it. He has received honorary degrees from the... 2005
Pamela D. Bridgewater Ain't I a Slave: Slavery, Reproductive Abuse, and Reparations 14 UCLA Women's Law Journal 89 (Fall/Winter 2005) Law Review Articles and Other Secondary Sources   Brothers, I want to say something about this matter of reparations. I am for the slave's rights to be paid for the years of toil and labor done without the benefit of pay. The slavery you know is the slavery I know. It is the slavery that we women and you men shared. We slaves, men and women, shared many sorrows: the sorrow of back breaking work... 2005
  Ali v. U.s. Dept. Of Treasury (I.r.s.) Not Reported in F.Supp.2d, United States District Court, S.D. Ohio. (2/4/2005) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the Court on Defendant United States of America's Motion to Dismiss (Doc. 11). Plaintiff's Motion to Dismiss (Doc. 12), and Defendant's Reply thereto (Doc. 13). Pro se Plaintiff filed this action seeking to enjoin the collection efforts by the IRS. Plaintiff seeks to (stop) [the] IRS' from illegally confiscating/levy my... 2005
Raquel Aldana , Sylvia R. Lazos Vargas Aliens in Our midst Post-9/11: Legislating Outsiderness Within the Borders 38 U.C. Davis Law Review 1683 (June, 2005) Law Review Articles and Other Secondary Sources   Defining America Through Immigration Policy (Mapping Racisms Series). By Bill Ong Hing. Temple University Press, 2003. Pp. 336. The Huddled Masses Myth: Immigration and Civil Rights. By Kevin R. Johnson. Temple University Press, 2003. Pp. 264. Alienated: Immigrant Rights, the Constitution, and Equality in America. By Victor C. Romero. New York... 2005
  Alperin v. Vatican Bank 410 F.3d 532, United States Court of Appeals, Ninth Circuit. (6/9/2005) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. TORTS - Jurisdiction. Victims of property looting during World War II stated justiciable property claims. 2005
Roy L. Brooks American Democracy and Higher Education for Black Americans: the Lingering-effects Theory 7 Journal of Law & Social Challenges Challenges 1 (Fall 2005) Law Review Articles and Other Secondary Sources   The term democracy can be taken in a procedural sense (its weak or narrow sense) or a substantive sense (its strong or broad sense). Procedurally, democracy simply refers to a process of self-governance, direct or through representation. In self-rule, citizens find dignity and equality, which is to say [d]emocracy has its own internal morality,... 2005
Phoebe A. Haddon An Independent Judiciary: the Life and Writings of Robert N.c. Nix, Jr. 78 Temple Law Review 331 (Summer 2005) Law Review Articles and Other Secondary Sources   Justice Nix's career as a judge spanned twenty-four, often tumultuous, years of service on the Pennsylvania courts. His writings as well as his professional career reveal that he was a man conscious of the challenges he faced as an African American and elected judge. This Essay offers a brief account of some of the experiences and challenges that... 2005
  Availability of Equitable Relief 119 Harvard Law Review 347 (November, 2005) Law Review Articles and Other Secondary Sources   Descending from Mount Sinai, Moses cradled the tablets containing the Ten Commandments, one of which warned that God would visit the iniquity of the fathers upon the children, and upon the children's children. This ancient belief in the sins of the father--according to which future generations are guilty of and responsible for remedying the... 2005
Yanessa L. Barnard Better Late than Never: a Takings Clause Solution to Reparations 12 Washington and Lee Journal of Civil Rights and Social Justice 109 (Fall, 2005) Law Review Articles and Other Secondary Sources   The movement for reparations to the descendants of American slaves is a volatile topic that invokes passionate responses. Popularly, arguments for reparations have been characterized by confrontation and demands. However, this approach is problematic because it alienates potential allies, including members of the Black community itself. The... 2005
William Bradford Beyond Reparations: an American Indian Theory of Justice 66 Ohio State Law Journal L.J. 1 (2005) Law Review Articles and Other Secondary Sources   It is perhaps impossible to overstate the magnitude of the human injustice perpetrated against American Indian people: indeed, the severity and duration of the harms endured by the original inhabitants of the U.S. may well rival those suffered by any other group past or present, domestic or international. While financial reparations for certain... 2005
Naomi Cahn Beyond Retribution and Impunity: Responding to War Crimes of Sexual Violence 1 Stanford Journal of Civil Rights & Civil Liberties 217 (April, 2005) Law Review Articles and Other Secondary Sources   Over the past five years, as many as 100,000 Congolese women, girls, and babies have been subjected to gender-based violence. Like the other human rights crimes that occurred during the Congolese civil war, gender-based violence is both an individual and a community abuse. As the Congo begins to emerge from this conflict, the questions here, as... 2005
Mitchell F. Crusto Blackness as Property: Sex, Race, Status, and Wealth 1 Stanford Journal of Civil Rights & Civil Liberties 51 (April, 2005) Law Review Articles and Other Secondary Sources   Using Critical Race Theory and legal history, this Article searches the roots of Justice Sandra Day O'Connor's rationale in Grutter v. Bollinger. It critically views Grutter as an anti-affirmative action case, contrary to popular belief, and uses Professor's Derrick Bell's interest-convergence principle to explain the law's regulation of... 2005
Frank Tuerkheimer Bob Kastenmeier and 1960s Civil Rights Legislation: Leadership Through Commitment and Foresight 2005 Wisconsin Law Review 947 (2005) Law Review Articles and Other Secondary Sources   What I would like to do in this presentation is provide an outline of the modern civil rights movement up until 1963, describe my encounter with Bob Kastenmeier, and, in particular, his role in the movement. When I came to the University of Wisconsin Law School in 1970 I found that he had an excellent reputation in areas other than civil rights,... 2005
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