| Author | Title | Citation | Document Type | Status | Summary | Year |
| Kevin R. Johnson |
Roll over Beethoven : "A Critical Examination of Recent Writing about Race" |
82 Texas Law Review 717 (February, 2004) |
Law Review Articles and Other Secondary Sources |
|
Richard Delgado, an influential civil rights scholar, has written foundational work on hate speech, storytelling in legal scholarship, and countless other areas of civil rights law. One of the founders of Critical Race Theory, Delgado's award-winning series of narratives-- the Rodrigo Chronicles--have been published in some of the most prestigious... |
2004 |
| Harold McDougall |
School Desegregation or Affirmative Action? |
44 Washburn Law Journal 65 (Fall 2004) |
Law Review Articles and Other Secondary Sources |
|
We expect that 25 years from now, the use of racial preferences will no longer be necessary to further the interest [of diversity in public higher education]. - Justice Sandra Day O'Connor [C]onscious and unconscious race bias, even rank discrimination based on race, remain alive in our land, impeding realization of our highest values and ideals. -... |
2004 |
| |
Second Consolidated and Amended Complaint and Jury Demand |
(4/5/2004) |
Trial Court Documents |
|
Plaintiffs, on behalf of themselves, their enslaved ancestors, and all other persons similarly situated, by and through their attorneys, complaining against the Defendants as follows: 1.... |
2004 |
| Keith N. Hylton |
Slavery and Tort Law |
84 Boston University Law Review 1209 (December, 2004) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 1209 I. Torts of Slavery. 1213 II. Derivative Claims. 1237 A. Tort Law and Derivative Claims. 1238 B. Reparations as a Derivative Claim. 1240 C. The Normative Question. 1248 III. The Accounting Claim. 1251 Conclusion. 1254 |
2004 |
| William H. Simon |
Solving Problems Vs. Claiming Rights: the Pragmatist Challenge to Legal Liberalism |
46 William and Mary Law Review 127 (October, 2004) |
Law Review Articles and Other Secondary Sources |
|
Recent developments in both theory and practice have inspired a new understanding of public interest lawyering. The theoretical development is an intensified interest in Pragmatism. The practical development is the emergence of a style of social reform that seeks to institutionalize the Pragmatist vision of democratic governance as learning and... |
2004 |
| Calvin Massey |
Some Thoughts on the Law and Politics of Reparations for Slavery |
24 Boston College Third World Law Journal 157 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article examines several legal and political issues raised by reparations for slavery and offers a skeptical appraisal of both the wisdom of reparations and their potential for success. There are a number of legal obstacles to courtroom-based reparations, including the difficulty of proving duty, causation, and damages; technical... |
2004 |
| Calvin Massey |
Some Thoughts on the Law and Politics of Reparations for Slavery |
24 Boston College Third World Law Journal 157 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article examines several legal and political issues raised by reparations for slavery and offers a skeptical appraisal of both the wisdom of reparations and their potential for success. There are a number of legal obstacles to courtroom-based reparations, including the difficulty of proving duty, causation, and damages; technical... |
2004 |
| Detlev F. Vagts |
Sovereign Bankruptcy: in re Germany (1953), in re Iraq (2004) |
98 American Journal of International Law 302 (April, 2004) |
Law Review Articles and Other Secondary Sources |
|
Of late various sovereign states have been unable to pay their external debts. In the absence of an international bankruptcy process, questions have arisen as to how they should be treated and claims should be settled. The latter is made more difficult as claimants with minority holdings attempt to leverage their position by rejecting solutions... |
2004 |
| |
Stationary Engineers Union Local 39, Charging Party, v. State of California (Department of Veterans Affairs), Respondent. |
28 PERC ¶ 114 (5/11/2004) |
Administrative Decisions & Guidance |
|
|
2004 |
| Russell L. Christopher |
Symposium Foreword |
39 Tulsa Law Review 737 (Summer 2004) |
Law Review Articles and Other Secondary Sources |
|
Criminal law is a species of political and moral philosophy. Thus begins George Fletcher's 1978 book, Rethinking Criminal Law (Rethinking), which is the subject of this symposium conceived to mark and honor the twenty-fifth anniversary of the book's initial publication. While it has become fairly common for a symposium to honor the life work of... |
2004 |
| |
Taiheiyo Cement Corp. v. Superior Court |
117 Cal.App.4th 380, Court of Appeal, Second District, Division 8. (3/30/2004) |
Cases |
As of January 6, 2020 has some negative history but has not been reversed or overruled. |
GOVERNMENT - United States. Peace treaty with Japan precluded damage claim for forced labor by Korean national. |
2004 |
| Kim Forde-Mazrui |
Taking Conservatives Seriously: a Moral Justification for Affirmative Action and Reparations |
92 California Law Review 683 (May, 2004) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 686 I. Corrective Racial Justice: The Prima Facie Case for Societal Responsibility. 694 A. Society Wrongfully Caused Harm. 695 1. The Nature of the Harm. 695 2. The Causal Relationship to Historic Discrimination. 697 B. Society's Obligation to Remedy the Harm. 707 II. Objections to the Prima Facie Case: Problems of Intergenerational... |
2004 |
| Bryan K. Fair |
Taking Educational Caste Seriously: Why Grutter Will Help Very Little |
78 Tulane Law Review 1843 (June, 2004) |
Law Review Articles and Other Secondary Sources |
|
Why do children of different races perform differently on standardized tests in reading and math? Is there a biological explanation? Are some races intellectually superior? Are slavery, segregation, and discrimination in educational opportunities relevant to current disparities? Are the disparities statistically significant? Should those with the... |
2004 |
| John Haberstroh |
The Alien Tort Claims Act & Doe v. Unocal: a Paquete Habana Approach to the Rescue |
32 Denver Journal of International Law and Policy 231 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
The requirement that a rule command the general assent of civilized nations to become binding upon them all is a stringent one. Were this not so, the courts of one nation might feel free to impose idiosyncratic legal rules upon others, in the name of applying international law. The exalted power of administering judicially the law of nations . .... |
2004 |
| Sarah H. Cleveland |
The Alien Tort Statute, Civil Society, and Corporate Responsibility |
56 Rutgers Law Review 971 (Summer 2004) |
Law Review Articles and Other Secondary Sources |
|
The topic of this panel is civil participation in the global trading system, with a particular focus on Doe v. Unocal Corp. and use of the Alien Tort Statute (ATS) to enforce fundamental human rights norms against multinational corporations. These comments will therefore attempt to locate Doe v. Unocal and other ATS litigation in the broader... |
2004 |
| Anthony Paul Farley |
The Apogee of the Commodity |
53 DePaul Law Review 1229 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
If commodities could speak . . . -- Karl Marx I would be sorry if they understood me. Until now it has gone according to my wishes with these people; and I hope even now that this exordium will so bewilder them that from now on they see nothing but letters on the page, while what passes for mind in them is torn hither and thither by the caged anger... |
2004 |
| Ronald C. Slye |
The Cambodian Amnesties: Beneficiaries and the Temporal Reach of Amnesties for Gross Violation of Human Rights |
22 Wisconsin International Law Journal 99 (Winter 2004) |
Law Review Articles and Other Secondary Sources |
|
The Cambodian government passed two successive amnesties in the last decade in response to the lingering question of how to respond to the legacy of the Khmer Rouge. Negotiations aimed at creating a judicial mechanism for holding individuals accountable for atrocities committed by the Khmer Rouge have lurched forward and backward, while... |
2004 |
| Richard A. Epstein |
The Case Against Black Reparations |
84 Boston University Law Review 1177 (December, 2004) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 1177 I. The Legal Position. 1177 A. Standing. 1179 B. Political Question Doctrine. 1181 C. Statute of Limitations. 1183 II. The Political Dimension. 1187 |
2004 |
| Alfred L. Brophy |
The Cultural War over Reparations for Slavery |
53 DePaul Law Review 1181 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
American democracy is a most dramatic form of social organization, and in that drama each of us enacts his role by asserting his own and his group's values and traditions against those of his fellow citizens. Indeed, a battle-royal conflict of interests appears to be basic to our conception of freedom, and the drama of democracy proceeds through a... |
2004 |
| Girardeau A. Spann |
The Dark Side of Grutter |
42 Constitutional Commentary 221 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
Liberals have generally cheered the Supreme Court's decision in Grutter v. Bollinger as validating the continued use of affirmative action in the struggle against racial injustice. But the Supreme Court's modern race cases rest on a misunderstanding of the nature of contemporary racial discrimination. From Brown, to Bakke, to Grutter, the Court has... |
2004 |
| Bryan K. Fair |
The Darker Face of Brown: the Promise and Reality of the Decision Remain Unreconciled |
88 Judicature 80 (September-October 2004) |
Law Review Articles and Other Secondary Sources |
|
For many people, Brown v. Board of Education is the most significant U.S. Supreme Court decision of the 20th century. As I mark its 50th anniversary, I am filled at once with exuberance and frustration because Brown is vexing, like so much of American law, appearing to give substantive reform with one hand only to take it away with the other. Brown... |
2004 |
| Francisco Forrest Martin |
The International Human Rights & Ethical Aspects of the Forum non Conveniens Doctrine |
35 University of Miami Inter-American Law Review 101 (Fall-Winter 2003-) |
Law Review Articles and Other Secondary Sources |
|
This article addresses the forum non conveniens [FNC] doctrine within the context of international human rights and ethics. First, this article will examine the availability and adequacy of using international tribunals for circumventing the FNC doctrine in national courts for plaintiffs claiming human rights violations, as well as the possible... |
2004 |
| Harry T. Edwards |
The Journey from Brown v. Board of Education to Grutter v. Bollinger: from Racial Assimilation to Diversity |
102 Michigan Law Review 944 (March, 2004) |
Law Review Articles and Other Secondary Sources |
|
Fifty years ago, in Brown v. Board of Education, the Supreme Court confronted a precise and straightforward question: Does segregation of children in public schools solely on the basis of race, even though the physical facilities and other tangible factors may be equal, deprive the children of the minority group of equal educational... |
2004 |
| Maria Grahn-Farley |
The Master Norm: on the Question of Redressing Slavery |
53 DePaul Law Review 1215 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
As all the negroes introduced into America were brought as slaves, the black color of the race raises the presumption of slavery, contrary to the principles of common law, which would presume freedom . . . . This presumption is extended, in most of the States, to mulattoes or persons of mixed blood, casting upon them the onus of proving a free... |
2004 |
| Kimberlianne Podlas |
The Monster in the Television: the Media's Contribution to the Consumer Litigation Boogeyman |
34 Golden Gate University Law Review 239 (Spring 2004) |
Law Review Articles and Other Secondary Sources |
|
Any American who has picked up a newspaper or turned on a television in the last decade has heard how litigation against business has run amok. Empirical evidence, however, suggests these claims lack basis. Nonetheless, the resulting litigation anxiety exerts a profound impact on the strategic and operational decisions of business. Unfortunately,... |
2004 |
| Brant T. Lee |
The Network Economic Effects of Whiteness |
53 American University Law Review 1259 (August, 2004) |
Law Review Articles and Other Secondary Sources |
|
Introduction 1260 I. White Network Economics: How Whiteness Works as a Network Standard 1267 A.Network Economics and Standards 1268 B.A Dominant Racial Standard 1270 C.Interoperability: Communication and Culture 1271 1.Verbal communication: language, dialect, and accent 1272 2.Culture 1276 3.Stereotypes 1278 4.In general 1280 II. The Persistence of... |
2004 |
| Emma Coleman Jordan |
The Non-monetary Value of Reparations Rhetoric |
6 African-American Law and Policy Report 21 (2004) |
Law Review Articles and Other Secondary Sources |
|
Even among the grizzly archives of lynching and racial violence following the Civil War, some stories stand out. New Year's Day, 1923, marked the beginning of a six-day racial rampage that wiped out the homes of thirty black families living in the small, gulf coast town of Rosewood, Florida. Minnie Nitemy was nine years old, and her cousin, Ruth... |
2004 |
| Terrion L. Williamson |
The Plight of "Nappy-headed" Indians: the Role of Tribal Sovereignty in the Systematic Discrimination Against Black Freedmen by the Federal Government and Native American Tribes |
10 Michigan Journal of Race and Law 233 (Fall 2004) |
Law Review Articles and Other Secondary Sources |
|
INTRODUCTION. 234 I. Background. 237 A. Freedmen Within the Seminole Nation. 237 B. Davis v. United States. 239 C. Freedmen Within the Cherokee, Creek, Choctaw, and Chickasaw Nations. 240 1. Cherokee Freedmen. 240 2. Creek Freedmen. 241 3. Choctaw and Chickasaw Freedmen. 242 D. The Legacy of Slavery in the United States. 243 1. Remnants of Slavery.... |
2004 |
| Kris Song |
The Present Contours of Asian American Legal Scholarship: its Themes, Objectives, and the Search for an Asian American Legal Perspective |
9 Asian Pacific American Law Journal 83 (Fall 2004) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 84 II. Defining Asian American Legal Scholarship. 85 A. Critical Race Theory. 86 B. AALS and the Ideological Succession. 87 C. The Themes of AALS. 89 III. AALS Mapped According to its Themes: A Quasi-Bibliography. 90 A. Community Issues. 91 B. Asian American Legal History and Other Narrative Histories. 91 C. The Model Minority... |
2004 |
| Kevin Brown |
The Racial Gap in Ability: from the Fifteenth Century to Grutter and Gratz |
78 Tulane Law Review 2061 (June, 2004) |
Law Review Articles and Other Secondary Sources |
|
Justice O'Connor's opinion for the United States Supreme Court in Grutter v Bollinger upheld the University of Michigan Law School's affirmative action plan. Beneficiaries of affirmative action clearly meet the necessary qualifications for admissions to selective colleges, universities, and graduate programs. But, the justifications for affirmative... |
2004 |
| Afreen R. Ahmed |
The Shame of Hwang v. Japan: How the International Community Has Failed Asia's "Comfort Women" |
14 Texas Journal of Women and the Law 121 (Fall 2004) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 121 II. Background: From the Battlefield to the Courtroom. 123 A. The Comfort System in World War II. 123 B. After the War. 126 C. Not Yet Forgotten. 127 D. Why a Resolution is Needed. 128 III. Post-War Inaction: No Excuses. 129 A. An Open Secret. 129 B. Clear Violations of Customary International Law. 130 IV. Despite the Law:... |
2004 |
| David Hall |
The Spirit of Reparation |
24 Boston College Third World Law Journal L.J. 1 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article, the author of which presented the opening and closing remarks and served as moderator for the Boston College Third World Law Journal' s reparations symposium, explores reparations for slavery from a spiritual perspective. It briefly traces the history of reparations for African Americans, beginning with General William... |
2004 |
| David Hall |
The Spirit of Reparation |
24 Boston College Third World Law Journal L.J. 1 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article, the author of which presented the opening and closing remarks and served as moderator for the Boston College Third World Law Journal' s reparations symposium, explores reparations for slavery from a spiritual perspective. It briefly traces the history of reparations for African Americans, beginning with General William... |
2004 |
| David B. Kopel |
The Torah and Self-defense |
109 Penn State Law Review 17 (Summer 2004) |
Law Review Articles and Other Secondary Sources |
|
The first five books of the Bible are sometimes called the Pentateuch. Jews call them the Torah, which means teaching or instruction. The Torah is by far the most important of Jewish scriptures. The Jewish Bible contains the same books as what Christians call the Old Testament. Accordingly, the Torah is the foundation of Christian scriptures.... |
2004 |
| Ali A. Mazrui |
The Truth Between Reparation and Reconciliation: the Pretoria - Nairobi Axis |
10 Buffalo Human Rights Law Review Rev. 3 (2004) |
Law Review Articles and Other Secondary Sources |
|
As the apartheid political order was coming to an end in South Africa, the country faced three alternative scenarios I: The Nuremberg option: This was the theoretical concept of trying and punishing the worst offenders against humanity and civilized standards. In 1945-46 the Nuremberg process tried and sentenced Nazi war criminals and those who... |
2004 |
| Felice D. Gaer, Jacob Blaustein Institute for the Advancement of Human Rights |
The United Nations High Commissioner for Human Rights: the Challenges of International Protection. By Bertrand G. Ramcharan. The Hague, London, New York: Martinus Nijhoff Publishers, 2002. Pp. Xx, 250. Index. $130, €96 |
98 American Journal of International Law 391 (April, 2004) |
Law Review Articles and Other Secondary Sources |
|
For many, the highlight of the June 1993 World Conference on Human Rights in Vienna was its support for the creation of a UN high commissioner for human rights. The General Assembly's approval of this long hoped for post in December 1993 signaled that a new era of commitment to ensuring human rights had arrived. Bertrand Ramcharan's book, The UN... |
2004 |
| Jennifer K. Murata |
To See or Not to See? The Real Question Behind the Supreme Court's Grutter & Gratz Decisions |
27 University of Hawaii Law Review 165 (Winter 2004) |
Law Review Articles and Other Secondary Sources |
|
In issuing the companion decisions of Grutter v. Bollinger and Gratz v. Bollinger on June 23, 2003, the United States Supreme Court answered several questions regarding affirmative action in higher education that had remained unanswered since the Court's fragmented decision in Regents of the University of California v. Bakke more than twenty-five... |
2004 |
| Roy L. Brooks |
Toward a Perpetrator-focused Model of Slave Redress |
6 African-American Law and Policy Report 49 (2004) |
Law Review Articles and Other Secondary Sources |
|
When most Americans think of black reparations or slave redress--meaning redress for slavery and Jim Crow --they envision a victim-focused model. This approach to slave redress--the tort model--is essentially compensatory and backward-looking. Past and present, the tort model has been African Americans' primary approach to achieving slave... |
2004 |
| Mohamed Y. Mattar |
Trafficking in Persons: an Annotated Legal Bibliography |
96 Law Library Journal 669 (Fall, 2004) |
Law Review Articles and Other Secondary Sources |
|
Since the 1990s, trafficking in persons as an international human rights issue has garnered significant attention on both international and national levels. As a result, there has been an increase in the number of scholarly articles that have analyzed the problem, its root causes, and its forms, and discussed the international and national efforts... |
2004 |
| Eric A. Posner , Adrian Vermeule |
Transitional Justice as Ordinary Justice |
117 Harvard Law Review 761 (January, 2004) |
Law Review Articles and Other Secondary Sources |
|
I. Overview. 765 A. Conceptual Framework. 765 B. Criteria for Evaluating Transitions. 768 C. Transition Processes. 769 D. Some History and Examples. 770 II. Analysis. 777 A. Depleting the New Regime of Skilled Officials. 777 1. Postbellum Lustration of Confederate Officials. 780 2. The Development of the Civil Service. 781 3. The Canonization of... |
2004 |
| Alfreda Robinson |
Troubling "Settled" Waters: the Opportunity and Peril of African-american Reparations |
24 Boston College Third World Law Journal 139 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... |
2004 |
| Alfreda Robinson |
Troubling "Settled" Waters: the Opportunity and Peril of African-american Reparations |
24 Boston College Third World Law Journal 139 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... |
2004 |
| Charles J. Ogletree, Jr. |
Tulsa Reparations: the Survivors' Story |
24 Boston College Third World Law Journal 13 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article explores the ability of reparations litigation to transform the American debate about race by promoting interest convergence between reparations advocates and the majority population. As Professor Derrick Bell has argued, only when the interests of the majority converge with those of the minority will the minority achieve... |
2004 |
| Charles J. Ogletree, Jr. |
Tulsa Reparations: the Survivors' Story |
24 Boston College Third World Law Journal 13 (Winter, 2004) |
Law Review Articles and Other Secondary Sources |
|
Abstract: This Article explores the ability of reparations litigation to transform the American debate about race by promoting interest convergence between reparations advocates and the majority population. As Professor Derrick Bell has argued, only when the interests of the majority converge with those of the minority will the minority achieve... |
2004 |
| Anthony J. Sebok |
Two Concepts of Injustice in Restitution for Slavery |
84 Boston University Law Review 1405 (December, 2004) |
Law Review Articles and Other Secondary Sources |
|
I. The Rise of Mass Restitution. 1405 A. Holocaust Litigation. 1406 B. Tobacco Litigation. 1410 C. American Slavery and Mass Restitution. 1416 II. The Risks of Mass Restitution. 1422 A. Commodification. 1423 B. Legal Fictions. 1427 III. The Harm of Loss of Control and Commodification. 1431 Conclusion. 1441 |
2004 |
| |
U.s. v. James |
Not Reported in F.Supp.2d, United States District Court, M.D. Georgia, Macon Division. (2/23/2004) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
The Plaintiff filed this action seeking to enjoin Defendant from continuing allegedly fraudulent business operations. After the close of discovery, Plaintiff filed a Motion for Summary Judgement and for a Permanent Injunction (tab # 32). As Defendant is proceeding pro se, the Court ordered, after the Defendant failed to respond, that Defendant be... |
2004 |
| Susan Montalvo-Gesser |
Unilateral Versus Multilateral Approach to Labor Migration: Search for an Adequate Way of Negotiating Foreign Workers' & Domestic Employers' Interests and National Economic Vitality |
43 Brandeis Law Journal 261 (2004-05) |
Law Review Articles and Other Secondary Sources |
|
In his address to the U.S. Congress September 6, 2001, Mexican President Vicente Fox revealed his hope for a new era of cooperation between the United States and Mexico. Fox pled, [o]ur new frontier will be conquered not by confrontation, but through cooperation; not by threats, but by common aspirations; not by fear, but by trust. The U.S.... |
2004 |
| K. Lee Boyd |
Universal Jurisdiction and Structural Reasonableness |
40 Texas International Law Journal L.J. 1 (Fall 2004) |
Law Review Articles and Other Secondary Sources |
|
I. Introduction. 1 II. The Relevance of Universal Jurisdiction to Civil Litigation. 7 III. Structural Checks on Universal Jurisdiction. 12 A. The Political Question Doctrine and Governmental Interests. 12 B. Forum Non Conveniens and Nexus, Exhaustion of Remedies, and Reasonableness. 16 1. Sovereign Interests. 17 2. Nexus to Forum. 18 3. Exhaustion... |
2004 |
| Dennis Klimchuk |
Unjust Enrichment and Reparations for Slavery |
84 Boston University Law Review 1257 (December, 2004) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 1257 I. Action and Remedy. 1259 II. Unjust Enrichment. 1261 III. Disgorgement. 1264 IV. Action and Remedy Again. 1265 V. Objections. 1268 VI. The Slavery Claims. 1271 |
2004 |
| Scott E. Vincent, Vincent, Fontg & Chartier LLC, Kansas City |
Watch out for the "Dirty Dozen" Tax Scams |
60 Journal of the Missouri Bar 92 (March-April,) |
Law Review Articles and Other Secondary Sources |
|
On March 1 the IRS updated its list of tax scams and illegal tax avoidance schemes, which the agency likes to call its Dirty Dozen. The IRS commonly updates this list around tax preparation time as an annual warning to taxpayers and return preparers. The list also provides us, as practitioners, with red flags for planning ideas that clients may... |
2004 |