Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
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Petition for Writ of Certiorari |
(5/12/2003) |
Briefs |
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Petitioner: Respondents: James G. Mahorner, Pro Se George W. Bush, Jr. and Paul H. O'Neill, both individually and in their respective official capacities as President of the United States... |
2003 |
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Reply Brief of Appellant |
(12/19/2003) |
Briefs |
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Counsel for the Appellees certainly is in an unenviable position in having to ask this Court to uphold an indefensible final order from the lower court; however, they had a clear and... |
2003 |
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Abdullah v. U.s. |
Not Reported in F.Supp.2d, United States District Court, D. Connecticut. (3/25/2003) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
Plaintiff commenced this suit against the United States in the Connecticut Superior Court, seeking reparations for slavery. The United States removed the case to this Court, invoking 28 U.S.C. § 1442(a)(1), and has moved to dismiss the complaint as barred by the doctrine of sovereign immunity. Plaintiff objects, arguing the merits of his... |
2003 |
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Anderman v. Federal Republic of Austria |
256 F.Supp.2d 1098, United States District Court, C.D. California. (4/15/2003) |
Cases |
As of January 6, 2020 has some negative history but has not been reversed or overruled. |
INTERNATIONAL LAW - Foreign Sovereigns. Action seeking reparations for Nazi-era takings of Austrian Jews' property was nonjusticiable. |
2003 |
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Deutsch v. Turner Corp. |
324 F.3d 692, United States Court of Appeals, Ninth Circuit. (3/6/2003) |
Cases |
As of January 6, 2020 has some negative history but has not been reversed or overruled. |
CIVIL RIGHTS - Jurisdiction. California war reparation statute was unconstitutional under foreign affairs doctrine. |
2003 |
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Deutsch v. Turner Corp. |
317 F.3d 1005, United States Court of Appeals, Ninth Circuit. (1/21/2003) |
Cases |
As of January 6, 2020 case has been reversed or overruled. |
INTERNATIONAL LAW - War Reparations. California statute permitting World War II slave laborers to seek compensation was unconstitutional. |
2003 |
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Hayes v. Deputy Commissioners of Bureau of Indian Affairs |
Not Reported in F.Supp.2d, United States District Court, D. Maryland. (3/3/2003) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
Robert Hayes, a resident of Baltimore, Maryland, filed the above captioned case on February 24, 2003. The complaint seeks various forms of relief, including 48 acres and a mule; restoration of his national State rights; land and $10,000. Paper No. 1 at p. 1. In addition to his complaint, Mr. Hayes has filed a Motion to Proceed In Forma Pauperis.... |
2003 |
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Heard v. Com. Of Massachusetts |
Not Reported in F.Supp.2d, United States District Court, D. Massachusetts. (8/11/2003) |
Cases |
As of January 6, 2020 has some negative history but has not been reversed or overruled. |
Plaintiff Robert Heard brings this suit against Massachusetts Rehabilitation Commission (MRC), alleging race and age discrimination in employment in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C.2000e, and Mass. Gen. Laws ch. 151B. Before me is defendant's motion for summary judgment which, for the reasons set forth... |
2003 |
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Negron v. Colonial Penn Ins. |
358 N.J.Super. 59, Superior Court of New Jersey, Appellate Division. (3/6/2003) |
Cases |
As of January 6, 2020 has some negative history but has not been reversed or overruled. |
INSURANCE - Automobile. Passenger's conduct in exiting vehicle lacked substantial nexus between occupancy and his injury. |
2003 |
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State v. Scott |
Not Reported in S.W.3d, Court of Criminal Appeals of Tennessee, at Jackson. (7/8/2003) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
The Appellant, Calvin Scott, was found guilty by a Shelby County jury of aggravated robbery, two counts of especially aggravated robbery, and two counts of first degree murder. The trial court sentenced Scott to an effective sentence of life plus twenty-two years. In this appeal as of right, Scott raises the following issues for our review: (1)... |
2003 |
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Taylor v. U.s. |
57 Fed.Cl. 264, United States Court of Federal Claims. (7/14/2003) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
TAXATION - Refunds. African-American taxpayer failed to state a refund claim based on second-class citizenship. |
2003 |
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U.s. v. Campbell |
Not Reported in F.Supp.2d, United States District Court, W.D. New York. (12/18/2003) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
TAXATION - Refunds. Government could recover amount of erroneous tax refund issued to taxpayer. |
2003 |
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U.s. v. James |
Not Reported in F.Supp.2d, United States District Court, M.D. Georgia, Macon Division. (6/16/2003) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
Plaintiff, the United States of America, has filed a Complaint for Permanent Injunction and Other Relief in this matter against the defendants Morris James and National Resource Information Center, Inc. Now before the Court is the United States' Motion for Preliminary Injunction. The Court finds that the motion should be granted. IT IS THEREFORE... |
2003 |
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Ungaro-benages v. Dresdner Bank Ag |
Not Reported in F.Supp.2d, United States District Court, S.D. Florida. (2/20/2003) |
Cases |
As of January 6, 2020 has some negative history but has not been reversed or overruled. |
This is a holocaust case. It arises out of the unspeakable events that occurred in Germany during the Nazi Era (19331945), especially the state sponsored aryanization of all forms of economic wealth owned or controlled by Germany's Jewish citizens. The Complaint begins with a succinct summary of the claim (Doc. 1, page 1): Ursula UngaroBenages... |
2003 |
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Wilkins v. C.i.r. |
120 T.C. No. 7, United States Tax Court. (2/26/2003) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
TAXATION - Refunds. No legal basis existed for refund for slavery reparations. |
2003 |
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Certification of Dr. Faruq T.n. Iman |
(3/14/2003) |
Expert Materials |
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DR. FARUQ T.N. IMAN, of full age, hereby certifies as follows: 1. I am a doctor in the field of Psychology with a specialty in Individual and Group Counseling. I am a member of the... |
2003 |
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□In Brief |
8/21/2003 Vol.49 11 (□August 21,) |
Law Review Articles and Other Secondary Sources |
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2003 |
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Dr. Curtis F.J. Doebbler |
A Complex Ambiguity: the Relationship Between the African Commission on Human and Peoples' Rights and Other African Union Initiatives Affecting Respect for Human Rights |
13 Transnational Law & Contemporary Problems Probs. 7 (Spring 2003) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 8 II. Human Rights Mechanisms Created Under the Auspices of the OAU. 9 A. The African Charter of Human and Peoples' Rights. 10 B. African Commission on Human and Peoples' Rights. 11 C. African Committee of Experts on the Rights and Welfare of the Child. 15 D. African Court of Human and Peoples' Rights. 15 III. African Union... |
2003 |
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Adina Levine |
A Dark State of Criminal Affairs: Adr Can Restore Justice to the Criminal "Justice" System |
24 Hamline Journal of Public Law and Policy 369 (Spring 2003) |
Law Review Articles and Other Secondary Sources |
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The American criminal justice system has lost its most pivotal element: justice. A criminal adjudicative system that effectually discriminates against people of color simply cannot be called a fair and proper administration of the law, the very definition of justice. Alternative Dispute Resolution (ADR) provides solutions for restoring justice... |
2003 |
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Richard Paul Thornell |
A Modest Faculty Initiative of Renewal and Recommitment to One of Howard's Historic Missions as an Indispensable University in the Struggle for Human Rights and Social Justice : a Contemporaneous Account of the Law School's Silver Forum and the University |
6 Howard Scroll: The Social Justice Law Review Rev. 1 (Fall, 2003) |
Law Review Articles and Other Secondary Sources |
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The forthcoming issue of the Scroll is a remarkably swift and gratifying realization of an important part of the vision that created the Howard University School of Law's (Law School) Silver Forum and its interdisciplinary initiative involving faculty and students from the Law School and across Howard University (the University). That vision... |
2003 |
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Holly Chamberlain |
A Plan of Action: a New Alternative to Traditional School Trust Land Exchanges in the West? |
23 Journal of Land, Resources, and Environmental Law 241 (2003) |
Law Review Articles and Other Secondary Sources |
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They aren't going to give this to us because they owe it to us. We're going to have to beat it out of them, so to speak. Utah House Speaker Marty Stephens was referring to the western states' new proposal to seek reimbursement from the federal government for the impact that federal land ownership has had in the West. The proposal is called the... |
2003 |
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Joseph Sanders |
Adversarial Legalism and Civil Litigation: Prospects for Change |
28 Law and Social Inquiry 719 (Summer 2003) |
Law Review Articles and Other Secondary Sources |
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Rarely does a week go by in the United States without a news report of a tort claim. The stories nearly always involve commentary from individuals who either decry or applaud the development. Examples abound. In the forefront this past summer were stories concerning medical malpractice. For example, the Washington Post published a story concerning... |
2003 |
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Rhonda V. Magee Andrews |
Affirmative Action after Grutter: Reflections on a Tortured Death, Imagining a Humanity-affirming Reincarnation |
63 Louisiana Law Review 705 (Spring, 2003) |
Law Review Articles and Other Secondary Sources |
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Affirmative action is part of a human dream, one that we venture to call universal. All human beings want good, useful, decent lives for themselves and their children.... There is joy in deciding to take on the whole world as home, treating every path as sacred, treating every person as deserving respect and care, taking less so that all the... |
2003 |
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Leandro de Oliveira Moll |
Al-adsani V United Kingdom |
4 Melbourne Journal of International Law 561 (October, 2003) |
Law Review Articles and Other Secondary Sources |
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C1-3Contents I Introduction. 561 II The Principle of State Immunity. 563 A The Concept and Its Evolution. 563 B Exceptions. 567 III The Principle of Access to Court. 569 A Article 6(1) of the ECHR. 569 B Compatibility with the Principle of State Immunity. 571 IV The Proposed Exception of Fundamental Human Rights Violations. 573 A The Hypothesis and... |
2003 |
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Alfred J. Sciarrino , Susan K. Duke |
Alimony: Peonage or Involuntary Servitude? |
27 American Journal of Trial Advocacy 67 (Summer 2003) |
Law Review Articles and Other Secondary Sources |
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In this Article, the authors address the issue of the determination of alimony, spousal support, or maintenance. Most spouses contemplating divorce must be prepared for economic suicide. The income that marginally maintained one middle-class household will most surely not be able to maintain two. This is especially true where one spouse is not yet... |
2003 |
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Roy L. Brooks |
Ancient Slavery Versus American Slavery: a Distinction with a Difference |
33 University of Memphis Law Review 265 (Winter, 2003) |
Law Review Articles and Other Secondary Sources |
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In this article, I address an important issue in the debate on redress for slavery: Should our government apologize for slavery when, in fact, the institution dates back to the beginning of recorded history? In other words, given the fact that chattel slaverythe use of human beings as a commodity and in a bestial mannerwas a universally accepted... |
2003 |
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Robert Laurence |
Antipodean Reflections on American Indian Law |
20 Arizona Journal of International & Comparative Law 533 (Fall, 2003) |
Law Review Articles and Other Secondary Sources |
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Travel narrows. - Morris Zapp As Morris Zapp observes, travel as a liberal or liberating phenomenon is overrated. Too often travelers see what they expect to see, and take from their experiences away from home mere justifications for the prejudices they left with. Conservatives tend to discover abroad rationalizations for their conservatism;... |
2003 |
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Camille A. Nelson |
Breaking the Camel's Back: a Consideration of Mitigatory Criminal Defenses and Racism-related Mental Illness |
9 Michigan Journal of Race and Law 77 (Fall 2003) |
Law Review Articles and Other Secondary Sources |
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INTRODUCTION. 77 I. Critical Psychology and Racism as Abuse. 83 A. Stress and Distress. 80 B. Coping. 98 C. The Humiliation Dynamic. 102 II. Criminal Law Defenses Capable of Critical Psychology Infusion. 108 A. Provocation. 110 B. Extreme Emotional Disturbance. 117 C. Diminished Capacity. 121 III. Concerns With Infusion -- Identity,... |
2003 |
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Camille A. Nelson |
Carriers of Globalization: Loss of Home and Self Within the African Diaspora |
55 Florida Law Review 539 (January, 2003) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 539 II. Plight of the Returnee. 548 III. Impact of Globalization on Home. 561 IV. Searching for Solutions. 576 |
2003 |
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Case Concerning the Women and Children of the Civil War |
10 ILSA Journal of International and Comparative Law 249 (Fall 2003) |
Law Review Articles and Other Secondary Sources |
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The Republic of Annolay and the Republic of Reston have submitted the present dispute by Special Agreement to the International Court of Justice pursuant to Articles 36(1) and 40(1) of the Statute of the Court for final resolution. There is no dispute as to the court's jurisdiction in this matter. Following three years of civil war, the Kingdom of... |
2003 |
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Adrien Katherine Wing |
Civil Rights in the Post 911 World: Critical Race Praxis, Coalition Building, and the War on Terrorism |
63 Louisiana Law Review 717 (Spring, 2003) |
Law Review Articles and Other Secondary Sources |
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As we await the decisions in the University of Michigan affirmative action cases, this symposium raises a timely and important query: is civil rights law dead? This article answers that query by asserting that there is a need for a thorough reconceptualization in the 21st century. Historically, civil rights in the United States has been synonymous... |
2003 |
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Daryl J. Levinson |
Collective Sanctions |
56 Stanford Law Review 345 (November, 2003) |
Law Review Articles and Other Secondary Sources |
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Introduction. 346 I. Collective Sanctions, Primitive and Modern. 351 A. Groups as Individuals Versus Groups of Individuals in Primitive Law and Norms. 352 B. Functional Analogues in Modern Law. 361 1. Vicarious and gatekeeper liability. 362 2. Joint and several liability. 367 3. Corporate liability. 370 4. Insurance. 371 II. A Functional Analysis... |
2003 |
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Emmanuel O. Iheukwumere , Chukwuemeka A. Iheukwumere |
Colonial Rapacity and Political Corruption: Roots of African Underdevelopment and Misery |
3 Chicago-Kent Journal of International and Comparative Law L. 4 (Spring, 2003) |
Law Review Articles and Other Secondary Sources |
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1. Introduction-Although Africa is well endowed with natural resources, it is a continent in distress. European colonial rapacity left the continent in disarray and deplorable shape upon independence. Independence appears to have simply resulted in rapacious exchange of roles. Now Africans suffer and die needlessly due to the brazen and reckless... |
2003 |
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Willy E. Rice |
Commercial Terrorism from the Transatlantic Slave Trade to the World Trade Center Disaster: Are Insurance Companies & Judges "Aiders and Abettors" of Terror? -- a Critical Analysis of American and British Courts' Declaratory and Equitable Actions, 1654-20 |
6 Scholar: St. Mary's Law Review on Minority Issues 1 (Fall 2003) |
Law Review Articles and Other Secondary Sources |
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Introduction. 3 I. An Overview: Terrorism - Competing Definitions, Various Origins, Types and Dimensions. 30 A. The Conventional Wisdom Regarding Terrorism and Terrorists. 30 B. The Transatlantic Slave Trade as a Form of Commercial Terrorism. 35 II. Common-Law and Statutory Prohibitions against Aiding and Abetting Criminals, Tortfeasors and... |
2003 |
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Constitutional Law -- Voting Rights -- Native Hawaiians -- Ninth Circuit Invalidates Office of Hawaiian Affairs Trustee Requirement. -- Arakaki v. Hawaii, 314 F.3d 1091 (9th Cir. 2002) |
116 Harvard Law Review 2694 (June, 2003) |
Law Review Articles and Other Secondary Sources |
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Recent debates over slavery reparations and affirmative action have trained a spotlight on the issue of redressing historical wrongs committed against discrete communities. Because so many historical rights violations occurred on the basis of race or ethnicity, attempts to remedy these wrongs often employ racial classifications. Courts have found... |
2003 |
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Sherrilyn A. Ifill |
Creating a Truth and Reconciliation Commission for Lynching |
21 Law & Inequality: A Journal of Theory and Practice 263 (Summer 2003) |
Law Review Articles and Other Secondary Sources |
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It is the nucleus of ordinary men that continually gives the mob its initial and awful impetus. W.E.B. DuBois The violence of apartheid was aimed less at individuals than at entire communities. Mahmood Mamdani Lynching has been called America's national crime. Although people of all races have been the victims of lynching, it is the systematic... |
2003 |
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Penelope E. Andrews , Sharon K. Hom , Ruthann Robson |
Critical Challenges: a Conversation on Complicity and Civility in Legal Academia |
1 Seattle Journal for Social Justice 601 (Spring/Summer, 2003) |
Law Review Articles and Other Secondary Sources |
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Perhaps no dispute within the academy is more divisive than one accompanying the denial of tenure to a colleague. Such controversies call into question the nature of professional competence and judgment, of our roles as scholars, teachers, and colleagues, and of the future of the institution. Moreover, like other events in the academy, such... |
2003 |
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Richard Delgado |
Crossroads and Blind Alleys: a Critical Examination of Recent Writing about Race |
82 Texas Law Review 121 (11/1/2003) |
Law Review Articles and Other Secondary Sources |
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The nation stands today at the beginning of what many believe will be a protracted struggle against international terrorism, and a similar one to strengthen the hand of the moderate, democratic wing of Islam vis-à-vis its more fundamentalist counterparts. What does this situation portend for the fortunes of domestic minorities? History shows that... |
2003 |
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Victor Bascara |
Cultural Politics of Redress: Reassessing the Meaning of the Civil Liberties Act of 1988 after 9/11 |
10 Asian Law Journal 185 (May, 2003) |
Law Review Articles and Other Secondary Sources |
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The Congress recognizes that, as described in the Commission on Wartime Relocation and Internment of Civilians, a grave injustice was done to both citizens and permanent residents aliens of Japanese ancestry by the evacuation, relocation, and internment of civilians during World War II. As the Commission documents, these actions were carried out... |
2003 |
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Dirty Dozen, Part Ii: Irs Updates its List of the Worst Tax Scams |
98 Journal of Taxation 191 (March, 2003) |
Law Review Articles and Other Secondary Sources |
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This column provides an informal exchange of ideas, questions, and comments arising in everyday tax practice. Readers are invited to write to the editors: Sheldon I. Banoff, Suite 1600, 525 West Monroe Street, Chicago, Illinois 60661-3693, Sheldon.Banoff@kmzr.com, and Richard M. Lipton, 130 East Randolph Drive, Chicago, Illinois 60601,... |
2003 |
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Christopher N. Camponovo |
Disaster in Durban: the United Nations World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance |
34 George Washington International Law Review 659 (2003) |
Law Review Articles and Other Secondary Sources |
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Ambition--and perhaps some naiveté--ran high when, in 1998, the United Nations General Assembly (General Assembly) adopted a resolution scheduling the third World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance (Conference) for September 2001. Following two world conferences tackling the same topics in 1978 and... |
2003 |
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Sharon E. Rush |
Emotional Segregation: Huckleberry Finn in the Modern Classroom |
36 University of Michigan Journal of Law Reform 305 (Winter 2003) |
Law Review Articles and Other Secondary Sources |
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In this article, I explore emotional segregation and how it functions in the context of Huckleberry Finn for both personal and academic reasons. Recently, I read Huckleberry Finn because it had been assigned to my daughter's middle school class. I was concerned for her welfare because she is Black and worried how the book would affect her. To... |
2003 |
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Taunya Lovell Banks |
Exploring White Resistance to Racial Reconciliation in the United States |
55 Rutgers Law Review 903 (Summer 2003) |
Law Review Articles and Other Secondary Sources |
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Not everything that is faced can be changed, but nothing can be changed until it is faced. We haven't discovered the true stories of the past and that is a first step in dealing [with] the present, forgetting just continues the wrong. Over the past two decades, numerous legal articles set out the case for black reparations. Calls for black... |
2003 |
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Morris A. Ratner |
Factors Impacting the Selection and Positioning of Human Rights Class Actions in United States Courts: a Practical Overview |
58 New York University Annual Survey of American Law 623 (2003) |
Law Review Articles and Other Secondary Sources |
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Lawyers pursuing human rights individual or class action cases on a contingency basis cannot afford to select the wrong cases, or to posture those cases in an unfavorable manner. Defendants, wielding greater resources, are usually capable of purchasing big-firm legal representation, accompanied by the large volume of offensive legal work often... |
2003 |
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Federal Preemption: the Court Steps Back from States' Rights |
24 Judicial/Legislative Watch Report Rep. 4 (10/1/2003) |
Law Review Articles and Other Secondary Sources |
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Perhaps the single most striking trend of the 2002-2003 Term was the spectacle of a Court that had previously been obsessed with the Ninth, Tenth, and Eleventh Amendments suddenly switch-hitting on federal preemption issues. In at least five significant cases, the Court retreated from an enthusiastic endorsement of states' rights. International... |
2003 |
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Kathryn Abrams |
Feminists in International Human Rights: the Changer and the Changed |
21 Berkeley Journal of International Law 390 (2003) |
Law Review Articles and Other Secondary Sources |
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In composing an Afterword for this symposium, I have often had the feeling expressed by Justice Arbour: that I am here under false pretenses. As a feminist theorist whose focus is largely domestic, I am more like a student of the riveting international developments described here than an informed commentator on them. In my comments, however, I will... |
2003 |
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Jeanne Finberg |
Financial Abuse of the Elderly in California |
36 Loyola of Los Angeles Law Review 667 (Winter 2003) |
Law Review Articles and Other Secondary Sources |
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Financial abuse of the elderly is a serious and common crime perpetrated throughout the United States. This Article provides a brief survey of the common types of systemic financial abuse perpetrated against elderly persons in California, and it highlights the laws that help protect against elder abuse. Most financial abuse against elderly persons... |
2003 |
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Scott Burris |
Foreword: Envisioning Health Disparities |
29 American Journal of Law & Medicine 151 (2003) |
Law Review Articles and Other Secondary Sources |
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No one approves of it. Our laws prohibit it. Yet racism will not go away. We continue to demonstrate that a colorblind society is just a society where color lurks in the blind spot. Disparities in healthcare offer a telling illustration of how durably racism is woven in our social fabric, and how easy it is for subtle, unconscious differences in... |
2003 |
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Margaret M. Russell |
Foreword: Expanding the Debate on Race, Poverty, Social Justice, and the Law |
1 Hastings Race and Poverty Law Journal J. 1 (Fall, 2003) |
Law Review Articles and Other Secondary Sources |
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It brings me great pleasure to introduce the inaugural issue of the Hastings Race and Poverty Law Journal, the culmination of over two years of steadfast organizing by a thoughtful and enterprising group of Hastings law students. The Journal's founders astutely recognized that legal scholars, students, practitioners, and activists need an academic... |
2003 |
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Harvey Rishikof |
Framing International Rights with a Janusism Edge--foreign Policy and Class Actions--legal Institutions as Soft Power |
2003 University of Chicago Legal Forum 247 (2003) |
Law Review Articles and Other Secondary Sources |
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Mark Twain is reported to have quipped, It is admirable to do good. It is also admirable to tell others to do good--and a lot less trouble. It is hard to review the intersection of Federal Rule of Civil Procedure 23 (Rule 23), the Alien Tort Claims Act (ATCA) , and the Torture Victim Protection Act (TVPA) and not call to mind Twain's... |
2003 |
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