AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
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  
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  
Francisco Valdés Spain Gazing: Postcolonial Aspirations, Neocolonial Systems and Postponed Reckonings-queries from the Margins 17 Florida Journal of International Law 495 (December, 2005) Law Review Articles and Other Secondary Sources   As the century turned, Spain riveted the world, affirmatively helping to raise the stakes of human rights law to unprecedented heights through its determined prosecution of various human rights abuses and crimes, perhaps most notably the murderous acts of former Chilean dictator Augusto Pinochet. These international, or national, legal proceedings... 2005  
  Standards of Tax Practice 58 Tax Lawyer 1199 (Summer, 2005) Law Review Articles and Other Secondary Sources   The American Jobs Creation Act of 2004, Pub. L. No. 108-357, 118 Stat. 1418, provides new disclosure and reporting requirements for material advisors, enhances sanctions and penalties for failure to disclose listed and reportable transactions, increases penalties for tax shelter promoters, and expands the authority of the Secretary of the Treasury... 2005  
Helen Norton Stepping Through Grutter's Open Doors: What the University of Michigan Affirmative Action Cases Mean for Race-conscious Government Decisionmaking 78 Temple Law Review 543 (Fall 2005) Law Review Articles and Other Secondary Sources   In Grutter v. Bollinger and Gratz v. Bollinger, the Supreme Court added to the very short list of interests considered sufficiently compelling to justify government's race-based decisionmaking. In these decisions, a majority of the Court identified a forward-looking or instrumental justification as compelling--specifically, the University of... 2005  
Lorraine K. Bannai Taking the Stand: the Lessons of Three Men Who Took the Japanese American Internment to Court 4 Seattle Journal for Social Justice Just. 1 (Fall/Winter 2005) Law Review Articles and Other Secondary Sources   The internment notice came out, and it burned me up, you know. Here I am, an American, and I have to go to internment camp. I was really upset. And I said I'm not going to go. I'm an American and that's what I am and I'm going to stay that way. - Fred Korematsu In the fall of 1941, Glenn Miller and the big bands were on the airwaves, Joe DiMaggio... 2005  
Anthony C. Infanti Tax Protest, "A Homosexual," and Frivolity: a Deconstructionist Meditation 24 Saint Louis University Public Law Review 21 (2005) Law Review Articles and Other Secondary Sources   Even though a state may recognize a union of two people of the same sex as a legal marriage for the purposes within that state's authority, that recognition has no effect for purposes of federal law. A taxpayer in such a relationship may not claim the status of a married person on the federal income tax return. -- The Internal Revenue Service I... 2005  
Danshera Cords Tax Protestors and Penalties: Ensuring Perceived Fairness and Mitigating Systemic Costs 2005 Brigham Young University Law Review 1515 (2005) Law Review Articles and Other Secondary Sources   For voluntary self-assessment to be both meaningful and productive of revenues, the citizens must not only have confidence in the fairness of the tax laws, but also in the uniform and vigorous enforcement of these laws. Each year hundreds of thousands of taxpayers use abusive schemes to avoid paying some or all of their federal income taxes. Tax... 2005  
Saad Gul The Bells of Hell: an Assessment of the Sinking of Anr General Belgrano in the Context of the Falklands Conflict 18 New York International Law Review 81 (Summer, 2005) Law Review Articles and Other Secondary Sources   The right of belligerents to adopt means of injuring the enemy is not unlimited. --The Hague Convention of 1907 There was only silence, save for an eerie tinkling sound on the sonar, like breaking glass or metal, echoing back through the water, like the far-lost chiming of the bells of hell. --A contemporary account of the death throes of the... 2005  
Kenji Yoshino The City and the Poet 114 Yale Law Journal 1835 (June, 2005) Law Review Articles and Other Secondary Sources   Introduction. 1836 I. The Platonic Parable. 1841 II. The Platonic Paradigm. 1860 III. Victim-Impact Statements. 1868 IV. Storytelling in the Legal Academy. 1885 Conclusion. 1895 Appendix. 1896 Three decades after James Boyd White's The Legal Imagination inaugurated it, the law-and-literature enterprise presents conflicting symptoms of health. On... 2005  
Jennifer Kwon The Comfort Women Litigation and the San Francisco Treaty: Adopting a Different Principle of Treaty Interpretation 73 George Washington Law Review 649 (April, 2005) Law Review Articles and Other Secondary Sources   Although more than fifty years have passed, the silence surrounding the comfort women tragedy has only just begun to fade. From the early 1930s until the end of World War II, the Japanese Imperial Army established a number of rape camps, euphemistically called comfort stations. Approximately 200,000 women were enslaved in these comfort... 2005  
Joan Andersson The Condemnation of Little B 62 Guild Practitioner 78 (Spring, 2005) Law Review Articles and Other Secondary Sources   Elaine Brown, former head of the Black Panther Party, has written a book that seethes with rage over the terrible conditions to which many African-Americans have been relegated. She describes in great detail how each of the factors which should be in place to guide and protect a young child's development were utterly missing in the case of a... 2005  
Adam Gordon The Creation of Homeownership: How New Deal Changes in Banking Regulation Simultaneously Made Homeownership Accessible to Whites and out of Reach for Blacks 115 Yale Law Journal 186 (10/1/2005) Law Review Articles and Other Secondary Sources   ABSTRACT. The Federal Government, in creating the section 203(b) mortgage insurance program during the New Deal, transformed homeownership in America into the main way that middle-class households build wealth. In the first three decades of the program's existence, however, this wealth-building opportunity was not shared with African-Americans.... 2005  
Jonathan R. Cohen The Culture of Legal Denial 84 Nebraska Law Review 247 (2005) Law Review Articles and Other Secondary Sources   I. Introduction. 248 II. Clients and Lawyers. 253 A. Client Ethics. 253 B. Responsibility Taking as the Moral Response to Injury. 253 C. The Typical Pattern of Denial. 256 1. Denial Reinforcement, Fault Projection, and Conflict Escalation. 260 2. Lawyers Benefit from Conflict Escalation. 262 3. Some Objections. 263 a. The Defense of Zealous... 2005  
Kevin R. Johnson The Forgotten "Repatriation" of Persons of Mexican Ancestry and Lessons for the "War on Terror" 26 Pace Law Review Rev. 1 (Fall 2005) Law Review Articles and Other Secondary Sources   My remarks, titled The Forgotten Repatriation of Persons of Mexican Ancestry and Lessons for the War on Terror, begin with a forgotten historical incident that spanned a decade and end with the time in which we live. I refer to the forgotten repatriation because many Americans have not heard of the forced removal of approximately one... 2005  
Jonathan R. Cohen The Immorality of Denial 79 Tulane Law Review 903 (March, 2005) Law Review Articles and Other Secondary Sources   This Article is the first of a two-part series critically examining the role of lawyers in assisting clients in denying responsibility for harms they have caused. If a person injures another, the moral response is for the injurer actively to take responsibility for what he has done. In contrast, the common practice within our legal culture is for... 2005  
Rebecca Tsosie The New Challenge to Native Identity: an Essay on "Indigeneity" and "Whiteness" 18 Washington University Journal of Law and Policy 55 (2005) Law Review Articles and Other Secondary Sources   It has never seemed controversial that Native peoples in the United States are indigenous. In fact, pow-wow pundits often joke that in the 1940s, Indians were classified by U.S. census takers as being of the Mongolian race, and then, by the 1960s, they had their own American Indian category, until the 1980s, when they became Native... 2005  
Roy L. Brooks The Slave Redress Cases 27 North Carolina Central Law Journal 130 (2005) Law Review Articles and Other Secondary Sources   I. Introduction. 131 II. Forced Labor Litigation. 133 A. Overview. 133 B. Japanese Forced Labor Litigation. 134 C. Nazi Forced Labor Litigation. 141 1. Princz v. Federal Republic of Germany. 141 2. In re Nazi Era Cases Against German Defendants Litigation. 144 III. Japanese American Removal and Internment. 146 A. Executive Order 9066. 146 B. Coram... 2005  
Dorothy A. Brown The Tax Treatment of Children: Separate but Unequal 54 Emory Law Journal 755 (Spring 2005) Law Review Articles and Other Secondary Sources   Introduction. 757 I. Tax Benefits for Families with Children. 765 A. Earned Income Tax Credit. 765 1. Who Is Eligible?. 765 2. EITC Calculations: How Much?. 770 3. Government Scrutiny and the EITC. 773 B. Child Tax Credit. 782 1. Who Is Eligible?. 782 2. CTC Calculations: How Much?. 788 C. Comparison of the EITC and the CTC. 788 D. Separate but... 2005  
Susan D. Carle Theorizing Agency 55 American University Law Review 307 (December, 2005) Law Review Articles and Other Secondary Sources   Introduction. 308 I. Approaches to the Self in Contemporary Legal Theory. 318 A. Liberal Individualism. 320 B. Post-structuralism and the Renunciation of the Subject. 326 1. The self or subject as a fiction. 327 2. The post-modern subject in legal theory. 332 a. Pierre Schlag. 332 b. Neo-pragmatists Stanley Fish and Richard Rorty. 335 c. Judith... 2005  
Angela Mae Kupenda To Whom it May Concern: Re: Brown Iii 27 North Carolina Central Law Journal 216 (2005) Law Review Articles and Other Secondary Sources   I am writing this letter to solicit your support for a complaint to be filed in a very important case, Brown III. The work from the two earlier Brown cases is incomplete. In Brown I, the United States Supreme Court held that, as to racially segregated public education, separate was inherently unequal and therefore unconstitutional. The case was in... 2005  
Dr. Giancarlo Panagia Tot Capita Tot Sententiae: an Extension or Misapplication of Rawlsian Justice 110 Penn State Law Review 283 (Fall 2005) Law Review Articles and Other Secondary Sources   The [legitimate] values of one culture may be incompatible with those of another, and . . . we may find the same incompatibility within one culture or group or in a single human being at different times. . . . [S]uch a notion of a plurality of values not structured hierarchically does not entail relativism, but it does entail the permanent... 2005  
Gary Chartier Toward a New Employer-worker Compact 9 Employee Rights and Employment Policy Journal 51 (2005) Law Review Articles and Other Secondary Sources   I. Introduction. 52 II. Bargaining Collectively Without Unions. 55 A. he Appropriateness of Collective Bargaining. 56 B. Workforce Negotiation Teams as Alternatives to Unions. 63 III. Fostering Participation without a Structural Role for Unions. 72 A. Enterprise Committees and Work Teams. 73 B. Open-Book Management. 76 C. Worker Stock Ownership and... 2005  
Chandra Lekha Sriram Transitional Justice Comes of Age: Enduring Lessons and Challenges 23 Berkeley Journal of International Law 506 (2005) Law Review Articles and Other Secondary Sources   The study and practice of transitional justice analyzes policy choices made by regimes emerging from armed conflict and/or authoritarian rule with regard to accountability for past abuses, stability, reform, and democratization. Transitional justice emerged as a policy problem and subject of study during political transitions from dictatorships in... 2005  
John C. Duncan, Jr. Two "Wrongs" Do/can Make a Right: Remembering Mathematics, Physics, & Various Legal Analogies (Two Negatives Make a Positive; Are Remedies Wrong?) The Law Has Made Him Equal, but Man Has Not 43 Brandeis Law Journal 511 (Summer, 2005) Law Review Articles and Other Secondary Sources   It is thought that justice is equality, and so it is, but not for all persons, only those who are equal. Aristotle Equal-alike; uniform; on the same plane or level with respect to efficiency, worth, value, amount or rights. This article demonstrates the incomplete logic and inconsistent legal reasoning used in the argument against affirmative... 2005  
Fleming Terrell Unofficial Accountability: a Proposal for the Permanent Women's Tribunal on Sexual Violence in Armed Conflict 15 Texas Journal of Women and the Law 107 (Fall 2005) Law Review Articles and Other Secondary Sources   I. Introduction. 108 II. Development of People's Tribunals as Unofficial Mechanisms of Accountability. 115 A. The Russell Tribunal. 115 B. Subsequent Application of People's Tribunal Format. 116 C. Use of People's Tribunal Format by the International Women's Movement. 118 D. Potential for Continuing Development and Application of People's Tribunal... 2005  
Norma Kriger Veterans' Pensions in Zimbabwe: Dispute Resolution and Nation-building 20 Ohio State Journal on Dispute Resolution 249 (2005) Law Review Articles and Other Secondary Sources   Liberation war guerrillas' quest for official recognition of their war sacrifices and contributions has occupied a prominent role in post-independence politics in Zimbabwe. Veterans have appealed to the government for employment, promotions, business loans, land, pensions, and positions in the ruling party and government. Focusing on veterans'... 2005  
Angela P. Harris Vultures in Eagles' Clothing: Conspiracy and Racial Fantasy in Populist Legal Thought 10 Michigan Journal of Race and Law 269 (Spring 2005) Law Review Articles and Other Secondary Sources   INTRODUCTION. 270 I. Legal Populism Described. 273 A. Taxes and Money. 277 1. Federal Reserve Notes Are Not Legal Tender. 279 2. Wages Are Not Income. 279 3. The Sixteenth Amendment Was Never Properly Ratified. 280 4. The Tax System Is Unlawful Because It Violates Individual Constitutional Rights. 281 5. Paying Income Taxes is Voluntary. 281 B. Of... 2005  
Margaret Chon , Donna E. Arzt Walking While Muslim 68-SPG Law and Contemporary Problems 215 (Spring 2005) Law Review Articles and Other Secondary Sources   So, first of all, let me assert my firm belief that the only thing we have to fear is fear itself--nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat into advance. The only thing we have is fear. In the post-9/11 era, what exactly is meant by race? Race is composed significantly of a religious dimension that... 2005  
Shadd Maruna, Heith Copes What Have We Learned from Five Decades of Neutralization Research? 32 Crime and Justice 221 (2005) Law Review Articles and Other Secondary Sources   And oftentimes excusing of a fault doth make the fault the worse by the excuse. (Shakespeare, King John) Neutralization theory, though a popular framework for understanding deviant behavior, remains badly underdeveloped. Few attempts have been made to connect it to narrative and sociocognitive research in psychology and related fields. From this... 2005  
Reynaldo A. Valencia What If You Were First and No One Cared: the Appointment of Alberto Gonzales and Coalition Building Between Latinos and Communities of Color 12 Washington and Lee Journal of Civil Rights and Social Justice 21 (Fall, 2005) Law Review Articles and Other Secondary Sources   In December of 2000, I was a presenter at the annual meeting of the Texas Association of Chicanos in Higher Education. I entitled my remarks, Identifying and Meeting the Needs of a Diverse Student Body. During the course of my presentation, I explained that St. Mary's University School of Law had more Latina/o faculty and more Latina/o students... 2005  
Eboni S. Nelson What Price Grutter? 32 Journal of College and University Law U.L. 1 (2005) Law Review Articles and Other Secondary Sources   Since the implementation of the first race-based affirmative action program, many battles regarding the constitutionality, fairness, and necessity of such programs have been fought between those who favor and oppose their use. While proponents of affirmative action have employed theoretical weapons such as the present effects of past discrimination... 2005  
Rachel F. Moran Whatever Happened to Racism? 79 Saint John's Law Review 899 (Fall 2005) Law Review Articles and Other Secondary Sources   In the 1950s, 1960s, and early 1970s, most Americans thought they knew what racism meant. Racism was a belief that non-Whites were inferior and that Whites should avoid social contact with them. During the heyday of the civil rights movement, racial segregation became the target for historic judicial intervention, unprecedented congressional... 2005  
Lee A. Harris When "White" Is Not Neutral: Review of Carol M. Swain's the New White Nationalism in America 32 Southern University Law Review 247 (Spring, 2005) Law Review Articles and Other Secondary Sources   Carol Swain, author of The New White Nationalism in America, and I have several things in common. Both of us call Tennessee home. Both of us are products of the same New England institution, Yale. Furthermore, she is a professor of law and political science at a prestigious university, and I am a law professor wanna-a-be. On a deeper level, too,... 2005  
Eric K. Yamamoto White (House) Lies: Why the Public must Compel the Courts to Hold the President Accountable for National Security Abuses 68-SPG Law and Contemporary Problems 285 (Spring 2005) Law Review Articles and Other Secondary Sources   History teaches us how easily the spectre of a threat to national security may be used to justify a wide variety of repressive government actions. A blind acceptance by the courts of the government's insistence on the need for secrecy, without notice to others, without argument, and without a statement of reasons would impermissibly compromise... 2005  
Geiza Vargas-Vargas White Investment in Black Bondage 27 Western New England Law Review 41 (2005) Law Review Articles and Other Secondary Sources   Further [revenue] growth is expected to come from increased focus and resources by the Department of Homeland Security dedicated to illegal immigration, stricter sentencing guidelines, longer prison sentences and prison terms for juvenile offenders, as well as the growing demographic of the 18 to 24 year-old at-risk population. Males between 18 and... 2005  
  Complaint -2005 Trial Court Documents   The United States of America, pursuant to 26 U.S.C. §§ 7401 and 7405(b), at the direction of the Attorney General of the United States and with the authorization of a delegate of the... 2005  
  Complaint (4/15/2005) Trial Court Documents   Plaintiff, United States of America, by its attorney, David NkKtey, United States Attorney for the Southern District of New York, herein alleges upon information and belief for its... 2005  
  Complaint for Recovery of Erroneous Refund (2/22/2005) Trial Court Documents   COMES NOW the United States of America, by and through its undersinged counsel, and alleges against the defendants, Marvin A. Ewing and Cheryl A. Ewing, as follows: 1. This is a civil... 2005  
  Complaint--class Action Seeking Injunctive Relief for Class Action Violations of Constitutional & Civil Rights Defendants (4/15/2005) Trial Court Documents   Lead Plaintiff Wayne Perryman (Lead Plaintiff or Plaintiff) individually and on behalf of all other persons similarly situated, by the undersigned Pmo-St litigant, for its first official... 2005  
  Defendant the Titan Corporation's Motion to Dismiss Plaintiffs' First Amended Complaint (2/18/2005) Trial Court Documents   COMES NOW defendant The Titan Corporation (Titan), by and through undersigned counsel, and respectfully moves the Court to dismiss plaintiffs' complaint pursuant to Federal Rules of Civil... 2005  
  Indictment (2/16/2005) Trial Court Documents   18 U.S.C. § 287 The Grand Jury charges: At all times pertinent to this Indictment: 1. Marguerite Young Smith was an individual who owned and controlled a business known as Quick Tax, 300 N.... 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.), ¶... 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  
41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58