AuthorTitleCitationDocument TypeStatusSummaryYear
  Irs Warns Consumers of Possible Scams Relating to Hurricane Katrina Relief IR- 2005-115 (10/4/2005) Administrative Decisions & Guidance     2005
  Irs Warns of E-mail Scam about Tax Refunds IR- 2005-136 (11/30/2005) Administrative Decisions & Guidance     2005
Ruqaiijah Yearby Is it Too Late for Title Vi Enforcement? - Seeking Redemption of the Unequal United States' Long Term Care System Through International Means 9 DePaul Journal of Health Care Law 971 (2005) Law Review Articles and Other Secondary Sources   Segregation is the adultery of an illicit intercourse between injustice and immorality. Reverend Dr. Martin Luther King, Jr. Permeating every facet of life including health care, racial segregation has been a part of the history of the United States since its creation. In fact, the history of African-Americans has been one of tragedy, laced with... 2005
Guadalupe T. Luna Kulturkampf Revelations, Racial Identities and Colonizing Structures 35 Seton Hall Law Review 1191 (2005) Law Review Articles and Other Secondary Sources   Kul*turkampf<>, n. [G., fr. kultur, cultur, culture + kampf fight.] (Ger. Hist.)Lit., culture war;--a name, originating with Virchow (1821--1902), given to a struggle between the Roman Catholic Church and the German government, chiefly over the latters efforts to control educational and ecclesiastical appointments in the interest of... 2005
Sylvia R. Lazos Vargas Kulturkampf[s] or "Fit[s] of Spite"?: Taking the Academic Culture Wars Seriously 35 Seton Hall Law Review 1309 (2005) Law Review Articles and Other Secondary Sources   Polarization and heated debate within legal academia are nothing new. Some might argue that vigorous contentiousness, even if not always civil, is essential to a healthy intellectual culture. Others would note that lawyers, legal academics especially, are a highly contentious bunch with a reputation for aggressive behavior. Heated debates between... 2005
Guadalupe T. Luna Land, Labor and Reparations 52 Cleveland State Law Review 265 (2005) Law Review Articles and Other Secondary Sources   I. Introduction. 265 II. Promise Set I: Land Struggles. 266 III. Promise Set II: Contract Labor and Agriculture. 268 IV. Conclusion. 272 2005
Heather Morris Legislative Watch 12 Human Rights Brief 42 (Spring, 2005) Law Review Articles and Other Secondary Sources   The Human Rights Brief's Legislative Watch reports on key U.S. legislation relevant to human rights and humanitarian law. This list is not meant to be comprehensive. Sponsor: Representative Rush D. Holt (D-NJ-12) Status: Referred to the House Committee on Armed Services (Subcommittee) on January 4, 2005. Substance: Section I of the bill requires... 2005
Jeffrey Manns Liberty Takings: a Framework for Compensating Pretrial Detainees 26 Cardozo Law Review 1947 (April, 2005) Law Review Articles and Other Secondary Sources   The Bush administration's detention of hundreds of alleged enemy combatants and illegal aliens with suspected terrorist links without trials, convictions, or compensation has exposed detention powers to unprecedented scrutiny. Paradoxically, debate on the war on terror has obscured equally significant concerns surrounding the detention of tens... 2005
Jon B. Gould Look Who's (Not) Talking 8 Green Bag 367 (Summer 2005) Law Review Articles and Other Secondary Sources   In 2001, conservative activist David Horowitz garnered national headlines when he crafted a highly controversial advertisement against reparations for slavery and sent the ad to a selection of newspapers at the most prestigious and liberal colleges across the country. The ad drew a firestorm of protest at many schools, with several newspapers... 2005
Susan Taing Lost in the Shuffle: the Failure of the Pan-asian Coalition to Advance the Interests of Southeast Asian Americans 16 Berkeley La Raza Law Journal 23 (Spring, 2005) Law Review Articles and Other Secondary Sources   In the summer of 2003, members of the academic community breathed a collective sigh of relief when the Supreme Court announced in the landmark decision, Grutter v. Bollinger, that educational diversity was indeed a compelling state interest. The Court upheld the University of Michigan Law School's (hereinafter Law School) race-conscious admission... 2005
Robert Ashford Memo on Binary Economics to Attorneys for Women and People of Color Re: What Else Can Public Corporations Do for Your Clients? 79 Saint John's Law Review 1221 (Fall 2005) Law Review Articles and Other Secondary Sources   Introduction. 1221 I. A Brief Consideration of Corporate Wealth and Corporate Social Responsibility. 1225 II. Overview of Binary Economics. 1227 III. The Question of Unutilized Productive Capacity. 1231 IV. The Binary Hypothesis Regarding Unutilized Productive Capacity. 1239 V. Applying Binary Principles to the United States Economy. 1242 A. A... 2005
  Memorandum of Law in Support of United States' Motion for a Temporary Restraining Order and a Preliminary Injunction (4/15/2005) Trial Court Documents   Defendant, a resident of Mount Vernon, New York, is employed as an auditor for the Metropolitan Transportation Authority. (Declaration of Lori Dixon, dated April 13, 2005 (Dixon Decl.), ΒΆ... 2005
Eric L. Ray Mexican Repatriation and the Possibility for a Federal Cause of Action: a Comparative Analysis on Reparations 37 University of Miami Inter-American Law Review 171 (Fall 2005) Law Review Articles and Other Secondary Sources   I. Introduction. 171 II. The Victims of Mexican Repatriation. 174 III. The United States Government's Involvement in Mexican Repatriation. 176 IV. A Federal Cause of Action for Reparations: Defeating the Statute of Limitations. 178 V. Comparative Analysis with Reparations for Japanese Internment, The Gold Train & Slavery. 182 A. Victims of Japanese... 2005
  Motion for Reconsideration of Dismissal Order (7/20/2005) Trial Court Documents   Plaintiff, Deadria Farmer-Paellmann, comes before the Court pro se. Pursuant to FRCP 59(e), plaintiff requests that the court reconsider its order, dated July 6, 2005, dismissing her case... 2005
  Motion of Defendants Caci International Inc, Caci, Inc. - Federal, and Caci N.v. to Dismiss Plaintiffs' First Amended Complaint (2/22/2005) Trial Court Documents   Defendants CACI International Inc, CACI, INC. - FEDERAL, and CACI N.V. (collectively, the CACI Defendants) hereby move to dismiss Plaintiffs' First Amended Complaint (Complaint)... 2005
Nan Seuffert Nation as Partnership: Law, "Race," and Gender in Aotearoa New Zealand's Treaty Settlements 39 Law and Society Review 485 (September, 2005) Law Review Articles and Other Secondary Sources   This article uses postcolonial theory to analyze the dynamic convergence of two significant international trends in Aotearoa New Zealand: the movement for reparations for historical colonial injustices, and the economic reform process known as structural adjustment, or Reaganomics in the United States, which was intended to produce a competitive... 2005
  Nebraska Plastics, Inc. v. Holland Colors Americas, Inc. 408 F.3d 410, United States Court of Appeals, Eighth Circuit. (5/13/2005) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. TORTS - Damages. Nebraska's pro tanto settlement credit rule reduced damages awarded against pigment supplier on fencing producer's claims. 2005
Liyah Kaprice Brown Officer or Overseer?: Why Police Desegregation Fails as an Adequate Solution to Racist, Oppressive, and Violent Policing in Black Communities 29 New York University Review of Law and Social Change 757 (2005) Law Review Articles and Other Secondary Sources   On January 23, 2004, Timothy Stansbury, Jr., a nineteen-year-old Black man, earned his GED. He planned to attend community college and start a family with his girlfriend. Hours later, Timothy met two of his friends and together they traveled to another friend's party. The three young men took a shortcut across the rooftop of Timothy's building... 2005
  Opinion of Professor Jordan J. Paust (1/5/2005) Expert Materials   BEFORE ME, the undersigned authority, on this day personally appeared Jordan J. Paust known to me to be the person whose name is subscribed to the following instrument and, having been duly... 2005
  Opinion of Professor Jordan J. Paust (1/18/2005) Expert Materials   BEFORE ME, the undersigned authority, on this day personally appeared Jordan J. Paust known to me to be the person whose name is subscribed to the following instrument and, having been duly... 2005
Rebecca M. Bratspies Organs of Society: a Plea for Human Rights Accountability for Transnational Enterprises and Other Business Entities 13 Michigan State Journal of International Law L. 9 (2005) Law Review Articles and Other Secondary Sources   I think we need to put the corporate world on notice that they just cannot move about the world, rape, pillage and plunder and then walk away from something just because they are for-profit . . . . Transnational companies have been the first to benefit from globalization. They must take their share of responsibility for coping with its effects.... 2005
Pedro A. Malavet Outsider Citizenships and Multidimensional Borders: the Power and Danger of Not Belonging 52 Cleveland State Law Review 321 (2005) Law Review Articles and Other Secondary Sources   I. Introduction. 321 II. The Power of Not Belonging: Outsider Citizenships and Multidimensional Borders. 321 III. The Danger of Not Belonging: The Seduction of Inventing Originality. 328 IV. Conclusion: The Growing, if Perhaps Neglected, Contribution of LatCrit Scholarship. 333 2005
  Petition for a Writ of Certiorari (10/21/2005) Briefs   FN* Counsel of Record The petitioner is Istituto per le Opere di Religione (a defendant below). The respondents (plaintiffs below) are: Emil Alperin; Vladimir Brodich; Vladan Celebonovic;... 2005
  Petition for Relief from Electronic Interception (18usc2510 et Seq; 50usc1801 et Seq; 17usc506) (10/5/2005) Trial Court Documents   CAUSE OF ACTION. Illicit application of electronic interception to an American citizen in 1987 by the US for the purpose of commercial exploitation and trafficking by multi-media without... 2005
  Pigford v. Veneman 355 F.Supp.2d 148, United States District Court, District of Columbia. (1/3/2005) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. LITIGATION - Class Actions. No basis existed for reconsidering fairness of consent decree in class action. 2005
  Plaintiffs Appellants' Brief (5/24/2005) Briefs   ADDENDUM 1 York College Programming And Leadership Center 95-96 Manual (The Handbook) ADDENDUM 2 Corrected Copy Mandamus Petition dated July 14, 2003 (2d Cir. Doc. No. 03-3071) ADDENDUM 3... 2005
  Presbyterian Church of Sudan v. Talisman Energy, Inc. 226 F.R.D. 456, United States District Court, S.D. New York. (3/25/2005) Cases As of January 6, 2020 case has not been reversed or overruled. LITIGATION - Class Actions. Failure to satisfy predominance requirement precluded class certification of suit brought under Alien Tort Statute. 2005
Samuel T. Morison Prescriptive Justice and the Weight of History 38 Creighton Law Review 1153 (2005) Law Review Articles and Other Secondary Sources   Any theory of justice that seeks to legitimate current rights to property based on the historical provenance of the distribution of holdings in society, such as Robert Nozick's entitlement theory, is bedeviled by a perennial problem. Even if the historical entitlement theory is otherwise theoretically sound, the argument goes, it relies crucially... 2005
  Press Briefing by Scott Mcclellan (6/15/2005) Administrative Decisions & Guidance     2005
George W. Dent, Jr. Race, Trust, Altruism, and Reciprocity 39 University of Richmond Law Review 1001 (May, 2005) Law Review Articles and Other Secondary Sources   Trust, altruism, and reciprocity are attracting growing attention from scholars. Interest began with psychological experiments showing that people often are altruistic, trust others, and reciprocate the benevolence of others far more than economic models of rational human selfishness predict. These findings inspired social scientists to discover... 2005
Myron Orfield Racial Integration and Community Revitalization: Applying the Fair Housing Act to the Low Income Housing Tax Credit 58 Vanderbilt Law Review 1747 (11/1/2005) Law Review Articles and Other Secondary Sources   I. Introduction. 1749 II. The Regional Problem of Segregation and Concentrated Poverty. 1754 A. Housing Discrimination and Concentrated Poverty. 1754 B. Resegregation and Racial Change. 1757 C. Harms of Residential Segregation and Concentrated Poverty. 1759 D. Benefits of Racial and Socioeconomic Integration. 1761 III. History and Interpretation of... 2005
Libby Adler Rage and Critique: One Jewish Girl's Story 1 Unbound: Harvard Journal of the Legal Left Left 1 (2005) Law Review Articles and Other Secondary Sources   The most surprising thing he ever said to me was Don't take this the wrong way, but you're really quite beautiful. We were sitting across the table from one another in a bistro in Boston's Back Bay, enjoying a brief escape from the demands of our studies. In the spring of 1998, we were classmates in the Harvard Law School Graduate Program.... 2005
Elizabeth D. Lauzon, J.D. Recoverability of Reparations from Corporations for Nazi-related Conduct 6 American Law Reports ALR Federal 2d 2005) Law Review Articles and Other Secondary Sources   This annotation collects and discusses cases which have considered whether reparations are recoverable from corporations for Nazi-related conduct. It does not include reparation cases brought against governments and government entities during the Nazi era, unless the discussion involves commercial activity of such parties similar to that of a... 2005
Rachel Anderson Redressing Colonial Genocide under International Law: the Hereros' Cause of Action Against Germany 93 California Law Review 1155 (July, 2005) Law Review Articles and Other Secondary Sources   It is widely supposed that the genocidal wars waged by colonial administrations against indigenous peoples or nations before 1948 did not violate rules of international law. Contemporary scholars and commentators assert that all forms of genocide were first criminalized and made punishable by the 1948 United Nations Convention on the Prevention and... 2005
Margaret M. Russell Reopening the Emmett till Case: Lessons and Challenges for Critical Race Practice 73 Fordham Law Review 2101 (April, 2005) Law Review Articles and Other Secondary Sources   Oh, what sorrow, Pity, pain, That tears and blood Should mix like rain In Mississippi! And terror, fetid hot, Yet clammy cold Remain. On May 10, 2004, the United States Department of Justice and the Mississippi District Attorney's Office for the Fourth District announced the opening of a new investigation into the 1955 murder of Emmett Till. This... 2005
Professor Laura A. Quigley Reparation Rights Tax Relief Restores Human Rights as a Civil Right in Tax Tort Reform 40 Valparaiso University Law Review 41 (Fall, 2005) Law Review Articles and Other Secondary Sources   [D]amages that aim to substitute for a victim's physical or personal well-being-[are] personal assets that the Government does not tax and would not have taxed had the victim not lost them. The Small Business Job Protection Act of 1996 (1996 Act) made damages from discrimination cases taxable, including recoveries for emotional distress. This... 2005
Russell C. D'Costa Reparations as a Basis for the Makah's Right to Whale 12 Animal Law 71 (2005) Law Review Articles and Other Secondary Sources   The grant of whaling rights to the Makah Native-American tribe may be interpreted as a form of reparations owed to the tribe from the United States government. History details the many wrongs inflicted on the Makah by the government, and these wrongs therefore serve as the basis for reparations. Considered first is a brief review of recent attempts... 2005
Ronald L. Mize, Jr. Reparations for Mexican Braceros? Lessons Learned from Japanese and African American Attempts at Redress 52 Cleveland State Law Review 273 (2005) Law Review Articles and Other Secondary Sources   I. Reparation Attempts for Japanese-American Internment and African-American Slavery. 274 A. Japanese Internment. 275 B. African-American Slavery. 277 II. Binational Relations and the U.S.-Mexico Bracero Program. 283 III. The Invisible Workers: Re-Membering the Bracero Program. 287 IV. Reparations Campaigns and Attempts at Bracero Redress. 291 2005
  Reply Brief of Plaintiffs-appellants (1/1/2005) Briefs   Defendants' argument that plaintiffs lack standing ignores a well pled premise of the complaint: that some plaintiffs, as the living former slaves and the other plaintiffs as children of... 2005
  Reply Memorandum in Support of Defendants E. I. du Pont De Nemours and Company and the Dow Chemical Company, Inc.'S Motion to Dismiss the Third Amended Class Action Complaint -2005 Trial Court Documents   Defendants, E. I. du Pont de Nemours and Company (DuPont) and The Dow Chemical Company, Inc. (TDCC) respectfully submit this Reply Memorandum to Plaintiffs' Opposition to Motion to... 2005
  Reply Memorandum of Defendants Caci International Inc, Caci, Inc. - Federal, and Caci N.v. in Support of Their Motion to Dismiss Plaintiffs' First Amended Complaint (3/10/2005) Trial Court Documents   Plaintiffs cannot stave off dismissal of their Amended Complaint by ignoring the context out of which their claims arise. Plaintiffs characterize their claims as being against private... 2005
  Respondents' Brief in Opposition (12/14/2005) Briefs   Plaintiff Jasenovac Research Institute is a nonprofit corporation, has no corporate parent, and no publicly held company owns stock in it. This case involves claims by individuals against a... 2005
Elizabeth M. Youngdale, Lecturer University of Texas School of Law Reviewing the Law Reviews 72 Defense Counsel Journal 207 (April, 2005) Law Review Articles and Other Secondary Sources   Gun manufacturer liability has become an increasingly contentious issue in recent years. Legislatures and courts have weighed in, sometimes on opposite sides of the debate. Even as state legislatures and Congress have attempted to limit the rights of people to sue gun manufacturers, courts have opened the way for some suits to proceed. The question... 2005
Dinusha Panditaratne Rights-based Approaches to Examining Waiver Clauses in Peace Treaties: Lessons from the Japanese Forced Labor Litigation in Californian Courts 28 Boston College International and Comparative Law Review 299 (Spring, 2005) Law Review Articles and Other Secondary Sources   Abstract: Waiver clauses, which purport to bar claims for reparations, appear in numerous historical and contemporary peace agreements, including in the 1951 Treaty of Peace with Japan. This Article questions the validity of many such waivers under the Constitution and applicable international law. However, as demonstrated in a series of federal... 2005
Brooke Say Ripe for Justice: a New Un Tool to Strengthen the Position of the "Comfort Women" and to Corner Japan into its Reparation Responsibility 23 Penn State International Law Review 931 (Spring 2005) Law Review Articles and Other Secondary Sources   We want justice. We want the Japanese government to take responsibility. . . . What we are saying is the truth. We didn't come here to lie. We didn't come here to see Japan. We came here to tell the truth Esmeralda Boe, East Timor The most recent report by the Special Rapporteur on violence against women found that in seven of eight reviewed... 2005
Patrick Oh Roy L. Brooks' Atonement and Forgiveness and the Hibernation (Or Gestation?) Of the Black Redress Movement 19 National Black Law Journal 108 (2005) Law Review Articles and Other Secondary Sources   The first half of this decade has produced a small fortune of academic work on the subject of black redress, mostly advocating reparations in some form. But the tide of public opinion, it seems, has turned decidedly to the counter position. Reparations proponents do not pretend to be unaware of this, and in acknowledging this fact, give the... 2005
Emily Sherwin Rule-oriented Realism 103 Michigan Law Review 1578 (May, 2005) Law Review Articles and Other Secondary Sources   In his new book The Law and Ethics of Restitution, Hanoch Dagan undertakes to explain and justify the American law of restitution. He offers a broad theoretical account of this poorly understood subject, designed not only to fortify the substantive law of restitution but also to clarify the role and methodology of courts in developing the field.... 2005
Sanja Zgonjanin Ruthann Robson: an Annotated Bibliography 1979-2005 8 New York City Law Review 681 (Fall 2005) Law Review Articles and Other Secondary Sources   I. Introduction. 682 II. Legal Works. 687 Books. 687 Articles in Law Reviews. 688 Articles in Periodicals. 700 Fiction-Theory. 706 Articles in Anthologies. 707 Encyclopedia Entries. 709 Reprints, Excerpts, and Translations. 711 III. Literary Works. 712 Books. 712 Fiction Short Stories. 713 Creative Nonfiction. 722 Reprints, Excerpts, and... 2005
Alex E. Snyder Saving the Family Farm Through Federal Tax Policy: Easier Said than Done 62 Washington and Lee Law Review 729 (Spring, 2005) Law Review Articles and Other Secondary Sources   C1-5Table of Contents I. L2-4,T4Introduction 730 II. L2-4,T4Defining the Modern Family Farm and the Problems That It Faces 733 A. L3-4,T4Why Is the Family Farm in Danger? 734. B. L3-4,T4What Is a Family Farm? 741. III. L2-4,T4Current Tax Benefits for the Family Farm 744 A. L3-4,T4Valuation Discounts 745. 1. Qualified Conservation Easements. 746 2.... 2005
Sean M. Quinlan , William L. Ramsey Southern Slavery as it Wasn't: Coming to Grips with Neo-confederate Historical Misinformation 30 Oklahoma City University Law Review 209 (Spring 2005) Law Review Articles and Other Secondary Sources   With the use of the word nigger, it is important for us to remember the mutable nature of human language. What today constitutes a gross insult did not have the same connotation a century ago. This is the conclusion reached in Southern Slavery, As It Was, a short monograph by Steve Wilkins and Douglas Wilson that defends racial slavery and... 2005
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