AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Symeon C. Symeonides Choice of Law in the American Courts in 2004: Eighteenth Annual Survey 52 American Journal of Comparative Law 919 (Fall 2004) Law Review Articles and Other Secondary Sources   I. Introduction. 920 II. The Growth of Conflicts Cases. 921 III. Extraterritorial Reach of U.S. Statutes. 923 1. Federal Tort Claims Act (FTCA). 923 a. Intra U.S. Cases.. 923 b. Cases Involving Foreign Conduct or Injury. 925 2. The Foreign Sovereign Immunities Act (FSIA). 930 3. Antiterrorism Statutes . 934 4. The Alien Tort Statute (ATS). 935 5.... 2004  
Michael deHaven Newsom Clarence Thomas, Victim? Perhaps, and Victimizer? Yes--a Study in Social and Racial Alienation from African-americans 48 Saint Louis University Law Journal 327 (Winter 2004) Law Review Articles and Other Secondary Sources   The nomination of Clarence Thomas as an Associate Justice of the United States Supreme Court unhinged many African-Americans, including this writer. Many simply had no idea of what to make of a situation that involved the combustible mixture of gender, race, class, political duplicity, political ideology, and alleged sexual harassment, nor of the... 2004  
Omar Swartz Codifying the Law of Slavery in North Carolina: Positive Law and the Slave Persona 29 Thurgood Marshall Law Review 285 (Spring, 2004) Law Review Articles and Other Secondary Sources   There was a time in modern Western history . when the most influential doctrines held that the law in general and the Constitution in particular should be an expression and a defense of the underlying order of social division and hierarchy. Much has been written about the rhetorical influence of judicial opinions. In particular, emphasis has been... 2004  
American Law Reports ALR Federal Construction and Application of the 1951 Treaty of Peace with Japan 192 A.L.R. Fed. 163 (2004) Law Review Articles and Other Secondary Sources   This annotation collects and discusses all federal and state cases that construct and apply the 1951 Treaty of Peace with Japan, hereinafter referred to as the Treaty." A number of jurisdictions have rules 2004  
Elizabeth Tyler Bates Contemplating Lawsuits for the Recovery of Slave Property: the Case of Slave Art 55 Alabama Law Review 1109 (Summer 2004) Law Review Articles and Other Secondary Sources   In recent years, courts have become a popular site for people seeking restitution for property stolen during the Nazi era. Particularly, owners and descendants of owners are bringing claims to recover art stolen by the Nazis during World War II (hereinafter WWII). While these claims face many legal obstacles, courts have demonstrated a... 2004  
Sonia Gioseffi Corporate Accountability: Achieving Internal Self-governance Through Sustainability Reports 13 Cornell Journal of Law & Public Policy 503 (Spring 2004) Law Review Articles and Other Secondary Sources   INTRODUCTION. 503 I. HISTORY OF CORPORATE CODES OF CONDUCT. 506 II. PRESSURE AND RESPONSE. 508 A. The Public. 509 1. Consumers. 509 2. Investors. 511 B. NGOs. 512 C. The Judiciary. 515 D. The Legislature. 521 E. The International Community. 521 III. SUSTAINABILITY REPORTS. 523 A. Companies with Sustainability Reports. 525 B. Beneficial Elements.... 2004  
David Lyons Corrective Justice, Equal Opportunity, and the Legacy of Slavery and Jim Crow 84 Boston University Law Review 1375 (December, 2004) Law Review Articles and Other Secondary Sources   Introduction. 1375 I. Compensation, Restitution, and Corrective Justice. 1378 A. The Moral Debt Model. 1379 B. The Material Disadvantage Model. 1381 C. The Unjust Enrichment Model. 1382 D. The Institution Model. 1384 II. The Role of the Federal Government. 1385 A. The Eighteenth Century. 1386 B. The Nineteenth Century. 1388 C. The Twentieth... 2004  
Jules Lobel Courts as Forums for Protest 52 UCLA Law Review 477 (December, 2004) Law Review Articles and Other Secondary Sources   For almost half a century, scholars, judges and politicians have debated two competing models of the judiciary's role in a democratic society. The mainstream model views courts as arbiters of disputes between private individuals asserting particular rights. The reform upsurge of the 1960s and 1970s led many to argue that courts are not merely... 2004  
Wendy B. Scott Csi after Grutter v. Bollinger: Searching for Evidence to Construct the Accumulation of Wealth and Economic Diversity as Compelling State Interests 13 Temple Political & Civil Rights Law Review 927 (Spring 2004) Law Review Articles and Other Secondary Sources   Economic empowerment is the civil rights of today. The only thing most working-class people have to pass on to their children is a house. We have to understand the importance of building wealth. Whiteness has monetary value. Knowing the origin and nature of the value of race is essential in any analysis of Black America's dilemma. Modern... 2004  
  Current Decisions Survey: Decisions 25 Class Action Reports ART 4 (January-February) Law Review Articles and Other Secondary Sources   Pate v. Elloway, Nos. 02-16085 & 02-20605 (Tex. Dist. Ct. Harris Co.) (class certification granted; Class Definition: [§ 1.12] former stockholders of Pennzoil-Quaker State Co. alleging that defendants breached their fiduciary duty to the stockholders by an unfair process in connection with the merger of Pennzoil into a wholly-owned subsidiary of... 2004  
  Current Developments JUN-04 Koren Estate and Personal Financial Planning Update dev. (June, 2004) Law Review Articles and Other Secondary Sources   Updating Estate & Personal Financial Planning §5:43 Under Section 412, the interest rates used to calculate the funding liabilities and limitations under Section 412(c)(7) and the required contribution under Section 412(l) must be within a range around the weighted average of interest rates for thirty-year securities during the four-year period... 2004  
Ruth E. Gordon , Jon H. Sylvester Deconstructing Development 22 Wisconsin International Law Journal L.J. 1 (Winter 2004) Law Review Articles and Other Secondary Sources   Introduction. 2 I. Constructing Development in Theory. 9 A. The Birth of a Paradigm. 9 B. The Discovery and Quantification of Global Poverty. 11 C. The Meta-narrative of Modernization. 15 D. Law and Development. 18 II. Constructing Development in Practice. 22 A. The Institutional Edifice. 22 1. The World Bank. 23 2. The Evolving Role of the IMF in... 2004  
Jerry Kang Denying Prejudice: Internment, Redress, and Denial 51 UCLA Law Review 933 (April, 2004) Law Review Articles and Other Secondary Sources   In the early 1980s, Fred Korematsu, Minoru Yasui, and Gordon Hirabayashi marched back into the federal courts that convicted them during World War II for defying the internment of persons of Japanese descent. Relying on suppressed exculpatory evidence discovered in the national archives, they filed writs of error coram nobis to overturn their... 2004  
  Dirty Dozen, Part Iii: Something Old, Something New, Nothing Legal Here for You 100 Journal of Taxation 319 (May, 2004) Law Review Articles and Other Secondary Sources   In press releases in each of the last two years, IRS highlighted a dozen different tax scams and encouraged taxpayers to maintain national vigilance. (See Shop Talk, Service Issues Nationwide Alert for the Dirty Dozen Tax Scams, 96 JTAX 255 (April 2002), and Dirty Dozen, Part II: IRS Updates Its List of the Worst Tax Scams, 98 JTAX 191... 2004  
Laurence Thomas Equality and the Mantra of Diversity 72 University of Cincinnati Law Review 931 (Spring, 2004) Law Review Articles and Other Secondary Sources   In response to the decision rendered by the United States Supreme Court in Grutter v. Bollinger, University of Michigan's president, Mary Sue Coleman, claimed that [o]ur diversity is our strength. Not too long ago, it seems, attracting and training talented minds was held to be the very essence of a university. And a positive correlation was... 2004  
John Hayakawa Török Freedom Now!--race Consciousness and the Work of De-colonization Today 48 Howard Law Journal 351 (Fall 2004) Law Review Articles and Other Secondary Sources   We saw neither the end of racism nor the end of history in the last decade of the twentieth century. Conditions in American law and society clearly differ now from a century ago when W.E.B. Du Bois declared that the problem of the twentieth century was the problem of the color line. They differ from when Charles Hamilton Houston and William Henry... 2004  
Peter C. Alexander From Brown to Topeka to the Future 96 Law Library Journal 219 (Spring, 2004) Law Review Articles and Other Secondary Sources   Dean Alexander considers the lessons of Brown v. Board of Education, reflecting on what the case personally means to him and what it can teach us about the future of the country. ¶1 Borrowing liberally from President Abraham Lincoln: Four score and seven years from now, our descendants will bring forth upon this continent a renewed nation,... 2004  
Charles J. Ogletree, Jr. From Brown to Tulsa: Defining Our Own Future 47 Howard Law Journal 499 (Spring 2004) Law Review Articles and Other Secondary Sources   As we reflect on fifty years of Brown in the context of where we are today as a country of diverse people, we have a clearer sense of its successes and failures and the challenge for the future. This Article is an attempt to share my assessment of Brown and its progeny, in the hope that others will seek solutions to these problems and meet the... 2004  
Ellen A. Waldman Healing Hearts or Righting Wrongs?: a Meditation on the Goals of "Restorative Justice" 25 Hamline Journal of Public Law and Policy 355 (Spring 2004) Law Review Articles and Other Secondary Sources   Only a stone could sit unmoved by the stories recounted in the public halls and private gatherings at Hamline's symposium on Restorative Justice. Restorative Justice practitioners told of their work on tribal reservations and inner cities. They told of troubled youth, sitting before community elders, feeling, for the first time, abashed and... 2004  
Lukas H. Meyer Historical Injustice and the Right of Return 5 Theoretical Inquiries in Law 305 (July, 2004) Law Review Articles and Other Secondary Sources   There are two main sources of theoretical doubt regarding the validity of claims for reparation: the questions arising from the non-identity problem and those arising from the supersession thesis. Neither of them significantly undermines the Palestinian refugees' claims to reparations and a right of return. Do present-day Palestinians living in... 2004  
Elizabeth J. Cabraser Human Rights Violations as Mass Torts: Compensation as a Proxy for Justice in the United States Civil Litigation System 57 Vanderbilt Law Review 2211 (November, 2004) Law Review Articles and Other Secondary Sources   I. Introduction. 2211 II. The Human Rights/Mass Tort Precursors to the Holocaust Litigation. 2217 III. Doing Justice By Bearing Witness. 2228 IV. The Human Rights/Mass Tort Jurisprudence Feedback Loop. 2234 V. Conclusion: Making a Record and Promoting an International Rule of Law. 2235 2004  
Christopher L. Brooke I Don't Remember Buying a $20,000 Stereo System: Chapters 73 & 468--an Attempt to Solve the Increasing Problem of Identity Theft 35 McGeorge Law Review 589 (2004) Law Review Articles and Other Secondary Sources   Code Sections Affected Penal Code § 803.5 (new), § 803 (amended). AB 1105 (Jackson); 2003 Stat. Ch. 73, SB 851 (Senate Committee on Public Safety); 2003 Stat. Ch. 468. God made each of us to be different from anyone else in the world, as our DNA and fingerprints prove. You don't have to work at having a separate identity; you already have one. A... 2004  
Erin Leigh Sylvester Identity Theft: Are the Elderly Targeted? 3 Connecticut Public Interest Law Journal 371 (Spring, 2004) Law Review Articles and Other Secondary Sources   A 101-year-old woman's hired caregiver stole nine checks from the woman and then forged her signature, stealing $63,000 in two weeks. A nephew convinced his elderly aunt to trade in her $1.7 million bond portfolio and buy stock in his one-year-old oil and gas firm that had not done any business. A social worker assigned to an elderly woman in a... 2004  
Ambassador Stuart E. Eizenstat Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War Ii 37 Vanderbilt Journal of Transnational Law 333 (March, 2004) Law Review Articles and Other Secondary Sources   I want to tell you an improbable story about how fifty years after the end of World War II, long-forgotten victims of not only the greatest genocide in history, but of what we learned was also the greatest theft in history, finally achieved some belated, as I call it, imperfect justice. This includes: those who placed their most precious assets in... 2004  
  In Brief 1/8/2004 Vol.50 13 (1/8/2004) Law Review Articles and Other Secondary Sources     2004  
  In Brief 2/5/2004 Vol.50 13 (2/5/2004) Law Review Articles and Other Secondary Sources     2004  
  In Brief 4/8/2004 Vol.50 14 (4/8/2004) Law Review Articles and Other Secondary Sources     2004  
Kevin R. Johnson Integrating Racial Justice into the Civil Procedure Survey Course 54 Journal of Legal Education 242 (June, 2004) Law Review Articles and Other Secondary Sources   Although I fear that the average law student might disagree, civil procedure is not simply a boring set of technical rules governing the litigation process. True, it can be taught that way, but any proceduralist knows that civil procedure can be much more. Indeed, it touches on some of the nation's most pressing social justice issues, ranging from... 2004  
Stephanos Bibas , Richard A. Bierschbach Integrating Remorse and Apology into Criminal Procedure 114 Yale Law Journal 85 (October, 2004) Law Review Articles and Other Secondary Sources   Introduction. 87 I. Remorse, Apology, and Current Criminal Justice. 92 A. The Individual Badness Model. 92 B. Remorse and Apology in Criminal Procedure. 95 C. Remorse and Apology in the Literature. 101 II. The Broader Value of Remorse and Apology. 104 A. The Status Quo Revisited. 104 B. The Broader Value of Remorse and Apology. 109 1. Crime as a... 2004  
Kevin R. Johnson International Human Rights Class Actions: New Frontiers for Group Litigation 2004 Michigan State Law Review 643 (Fall 2004) Law Review Articles and Other Secondary Sources   L1-2Introduction 644. I. The Coming of Age of International Human Rights Class Actions. 649 A. The Globalizing Political Economy and International Human Rights Class Actions: Beyond Compensation?. 650 B. Old Wine, New Bottles?. 652 C. The Multiple Purposes of International Human Rights Class Actions. 655 D. Difficulties of the New International... 2004  
Hanoch Dagan, Keith N. Hylton, and Anthony J. Sebok Introduction 84 Boston University Law Review 1135 (December, 2004) Law Review Articles and Other Secondary Sources   On April 9th and 10th, 2004, Boston University School of Law sponsored a symposium titled The Jurisprudence of Slavery Reparations. As the principal conference organizers, we are pleased and a bit awestruck to see the symposium contributions published in this issue of the Boston University Law Review. The papers published here - in the first... 2004  
Henry W. McGee Jr. Introduction: Brown, Triumph or Challenge? 3 Seattle Journal for Social Justice 13 (Fall/Winter, 2004) Law Review Articles and Other Secondary Sources   News of Brown v. Board of Education reached me nearly a month before 1 graduated with a journalism degree from Northwestern University's Medill School of Journalism. Standing in the school's Daily Northwestern offices, I heard the old-style AP wire ticker tape bells noisily signal a major news story, one whose decibel level was as loud as the... 2004  
James L. Wittenbach, Cpa Irs Launches Assault on Frivolous Tax Evasion Schemes 73 Practical Tax Strategies 359 (December, 2004) Law Review Articles and Other Secondary Sources   A series of revenue rulings describe a variety of schemes individuals have adopted to avoid owing tax and explain why those arrangements do not justify the expected benefits. Some individuals (including promoters and return preparers who assist with frivolous tax schemes) have contended that they should not have to pay taxes or file returns. In a... 2004  
Girardeau A. Spann Just Do it 67-SUM Law and Contemporary Problems 11 (Summer 2004) Law Review Articles and Other Secondary Sources   Racial injustice has always been a problem in the United States. The most salient victims of the Nation's discrimination against racial minorities have included indigenous Indians, Chinese immigrants, Japanese-American citizens, Latinos, and of course blacks. But as the current war on terrorism illustrates, under the right conditions, almost any... 2004  
Paul R. Dubinsky Justice for the Collective: the Limits of the Human Rights Class Action 102 Michigan Law Review 1152 (May, 2004) Law Review Articles and Other Secondary Sources   Holocaust Justice: The Battle for Restitution in America's Courts. By Michael J. Bazyler. New York: New York University Press. 2003. Pp. xix, 411. Cloth, $34.95. Imperfect Justice: Looted Assets, Slave Labor, and the Unfinished Business of World War II. By Stuart E. Eizenstat. New York: Public Affairs. 2003. Pp. xi, 401. Cloth, $30. The class... 2004  
Kevin R. Johnson Latcrit Goes International 16 Florida Journal of International Law L. x (September, 2004) Law Review Articles and Other Secondary Sources   This LatCrit Theory Colloquium on International and Comparative Law is comprised of papers presented at the Facultad de Derecho de la Universidad de Buenos Aires in Buenos Aires, Argentina in August 2003. Titled The Role of Constitutional and Legal Systems in Maintaining or Reforming Political, Social, Economic and Legal Arrangements, the... 2004  
Sharon E. Rush Lessons from and for "Disabled" Students 8 Journal of Gender, Race and Justice 75 (Spring 2004) Law Review Articles and Other Secondary Sources   I. Introduction II. How Important is Education? III. How Important is the Universal Tenet of Human Equality? A. The Invisibility of Non-traditional Disabilities B. Inequality Lessons Throughout Society 1. Sex Scandal at Air Force Academy 2. The Harvey Milk School 3. Segregated High School Proms C. Gender Equality D. Sexual Orientation Equality E.... 2004  
Annette B. Almazan Looking at Diversity and Affirmative Action Through the Lens of Pilipino/a American Students' Experience at Ucla and Berkeley 9 Asian Pacific American Law Journal 44 (Fall 2004) Law Review Articles and Other Secondary Sources   While the withdrawal of support from Affirmative Action has been undoubtedly a major factor in our gradual exclusion from the University, our invisibility on the institutional and academic levels has only fueled our growing conviction that UC Berkeley has no interest in providing Filipinos with the support and encouragement necessary for our... 2004  
Peter Margulies Making "Regime Change" Multilateral: the War on Terror and Transitions to Democracy 32 Denver Journal of International Law and Policy 389 (Summer 2004) Law Review Articles and Other Secondary Sources   Since September 11, American policy at home and abroad has centered on engineering transitions from political contexts that spawn hatred and violence to those that promote peace and the rule of law. Unfortunately, the current Administration has proceeded without considering the experience of countries making transitions to democracy. This article... 2004  
Jolie Bell Maybe Not the Best Solution, but a Solution: the German Foundation Agreement 6 Cardozo Journal of Conflict Resolution 107 (Fall 2004) Law Review Articles and Other Secondary Sources   After the Holocaust, they broke their promises. They lied. They said Give us a little money each week and if something bad happens to you we'll take care of your family. Well something had happened. Something really bad, and the insurance companies didn't live up to their end of the bargain. And they still haven't. Over fifty-five years have... 2004  
Scott C. Idleman Multiculturalism and the Future of Tribal Sovereignty 35 Columbia Human Rights Law Review 589 (Summer 2004) Law Review Articles and Other Secondary Sources   One of the most important things to understand about American Indian tribes is the simple fact that tribes are governments--not non-profit organizations, not interest groups, not an ethnic minority. The history of American culture is rich with social and ideological movements of every sort, from the temperance and abolitionist efforts at the outset... 2004  
Heather M. Heath Non-compliance with the Vienna Convention on Consular Relations and its Effect on Reciprocity for United States Citizens Abroad 17 New York International Law Review Rev. 1 (Winter, 2004) Law Review Articles and Other Secondary Sources   The Vienna Convention on Consular Relations (Vienna Convention), which the United States ratified, requires that when a country arrests a foreign national it must without delay notify that person of his or her right to contact his or her consulate for legal assistance. The U.S. has not consistently followed this procedure, and several foreign... 2004  
Wendy B. Scott Panel Commentary Twenty-five Years: the Future of Affirmative Action 78 Tulane Law Review 2053 (June, 2004) Law Review Articles and Other Secondary Sources   The author served as the moderator of a panel at the Symposium entitled Twenty-Five Years: The Future of Affirmative Action. In this Commentary, she reviews articles by Professors Kevin Brown, Leland Ware, and John Valery White appearing elsewhere in this Issue. I. Introduction. 2053 A. The Occasion. 2054 B. The Response: Replicating Racial... 2004  
Sean Carter Partisan Practice 3No.35 ABA Journal E-Report E-Report 7 (9/3/2004) Law Review Articles and Other Secondary Sources   Usually, the opening of a new law school goes by as unnoticed as my wife and children during football season. Yet the opening of Jerry Falwell's Liberty University School of Law received national and international headlines as Falwell announced his intention to create an army of legal crusaders. We want to infiltrate the culture with men and women... 2004  
Jennifer M. Hannigan Playing Patriot Games: National Security Challenges Civil Liberties 41 Houston Law Review 1371 (Winter 2004) Law Review Articles and Other Secondary Sources   I. Introduction. 1372 II. The Federal Government Has a Sorry History of Protecting Civil Rights in Times of Trouble . 1374 A. Alien & Sedition Acts. 1375 B. Japanese Internment. 1376 C. Subversive Activities Control Act of 1950. 1378 III. Federal Government Builds Its Battleship in the War on Terror. 1379 A. The Patriot Act: The Big Gun on... 2004  
Richard A. Posner Pragmatic Liberalism Versus Classical Liberalism 71 University of Chicago Law Review 659 (Spring 2004) Law Review Articles and Other Secondary Sources   For three decades Richard Epstein has been searching for foundations for his legal and political views--a set of views that he calls classical liberalism and others might call laissez-faire, though I shall argue that a more precise description would be Hayekian liberalism. He has not been content to defend his views by pointing out their... 2004  
Douglas A. Kysar Preferences for Processes: the Process/product Distinction and the Regulation of Consumer Choice 118 Harvard Law Review 525 (December, 2004) Law Review Articles and Other Secondary Sources   C1-6TABLE OF CONTENTS L1-5,T1Introduction. 526 I. L2-5,T2The Process/Product Distinction. 535 A. L3-5,T3International Trade and Products As Such . 540 1. L4-5,T4Process-Based Trade Measures Under GATT/WTO Jurisprudence. 541 2. L4-5,T4The Special Case of Product Labeling. 548 B. L3-5,T3Genetic Engineering and Substantial Equivalence. 553 1.... 2004  
Amnon Lehavi Property Rights and Local Public Goods: Toward a Better Future for Urban Communities 36 Urban Lawyer Law. 1 (Winter, 2004) Law Review Articles and Other Secondary Sources   L1-3Contents I. Introduction. 2 II. Local Public Goods: Public and Private Provision. 10 A. The Different Facets of Local Public Goods. 10 B. Private Provision of Discrete Local Public Goods. 12 C. The Residual Need for Governmental Provision. 16 1. The Efficiency Justification. 17 2. The Distributive Justification. 17 3. The Organizational... 2004  
Philip C. Aka Prospects for Igbo Human Rights in Nigeria in the New Century 48 Howard Law Journal 165 (Fall 2004) Law Review Articles and Other Secondary Sources   INTRODUCTION. 167 I. HUMAN RIGHTS AND HISTORY REGARDING THE GUARANTEE OF HUMAN RIGHTS IN NIGERIA. 169 A. Defining Human Rights. 169 B. Guarantee of Human Rights in Nigeria. 175 II. IGBOS IN INTERNATIONAL LAW. 177 A. The Igbo People and Nation. 177 B. Igbos as a Subject of International Law and a Legitimate Object of Analysis. 184 III. DOCUMENTING... 2004  
Denise E. Antolini Punitive Damages in Rhetoric and Reality: an Integrated Empirical Analysis of Punitive Damages Judgments in Hawaii, 1985-2001 20 Journal of Law & Politics 143 (Spring 2004) Law Review Articles and Other Secondary Sources   Punitive damages have replaced baseball as our national sport. -- Theodore B. Olson The public gets anecdotal glimpses of atypical cases without a sense of their overall significance. . . . Simplistic sound bites have displaced systematic analysis. -- Deborah L. Rhode [Civil jury trial] data suppl[y] a crucial empirical dimension to an array... 2004  
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