AuthorTitleCitationDocument TypeStatusSummaryYear
Anthony J. Sebok Reparations, Unjust Enrichment, and the Importance of Knowing the Difference Between the Two 58 New York University Annual Survey of American Law 651 (2003) Law Review Articles and Other Secondary Sources   The question of whether and how to sue in private law for the injuries caused by slavery in the United States is important from both a social and legal perspective. Here, I am going to examine a very small and specific part of the question. My advice to those who wish to address the question of historic injustice through tort suits is to move... 2003
  Reply Brief of Appellant (12/19/2003) Briefs   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
  Reply in Support of Defendants' Joint Motion to Dismiss (10/28/2003) Trial Court Documents   FN1. This reply applies to all of the actions in these MDL proceedings, including the separate complaint filed by Chester and Timothy Hurdle against 10 of the defendants (Hurdle Compl.).... 2003
David Horowitz Response to Boyle's Comment 105 West Virginia Law Review 715 (Spring 2003) Law Review Articles and Other Secondary Sources   I agree with Martin Luther King's statement that (t)he moral justification for special measures for Negroes is rooted in the robberies inherent in the institution of slavery. But this is a very different from a statement that these special measures should take the form of reparations, or the claim that living, free and prosperous black... 2003
George Schedler Responsibility for and Estimation of the Damages of American Slavery 33 University of Memphis Law Review 307 (Winter, 2003) Law Review Articles and Other Secondary Sources   I. L2-5,T5Introduction 308 A. L3-5,T5Approach to the Questions 309 B. L3-5,T5Terminology, Principles, and Summary of Conclusions 309 1. L4-5,T5Classes of Victims 309 2. L4-5,T5Compensatory and Restitutionary Justice 310 3. L4-5,T5Status Quo Post 310 4. L4-5,T5Full Compensation for Enslavement 311 C. L3-5,T5Settled Intuitions 312 D.... 2003
Yonatan Lupu , Clay Risen Retroactive Application of the Foreign Sovereign Immunities Act: Landgraf Analysis and the Political Question Doctrine 8 UCLA Journal of International Law and Foreign Affairs 239 (Fall\Winter 2003) Law Review Articles and Other Secondary Sources   This article examines the retroactive application of the Foreign Sovereign Immunities Act (FSIA) to events preceding the State Department's 1952 adoption of the restrictive immunity doctrine. Although it is well-settled that the FSIA applies retroactively to events occurring after 1952, recent cases have examined the question of whether the FSIA... 2003
Anthony V. Alfieri Retrying Race 101 Michigan Law Review 1141 (March, 2003) Law Review Articles and Other Secondary Sources   This Essay investigates the renewed prosecution of long-dormant criminal and civil rights cases of white-on-black racial violence arising out of the 1950s and 1960s. The study is part of an ongoing project on race, lawyers, and ethics within the criminal-justice system. Framed by this larger project, the Essay explores the normative and sociolegal... 2003
Jeanne M. Woods Rights as Slogans: a Theory of Human Rights Based on African Humanism 17 National Black Law Journal 52 (2003) Law Review Articles and Other Secondary Sources   Since the 17 century, political demands against the state have been framed in terms of rights. Rights are theoretical constructs that define and mediate the relationship between the collective and the individual, either singularly, or as a member of a distinct (usually minority) group. They ultimately express, affirmatively, or by negative... 2003
Karen Engle , Elizabeth M. Schneider , Vicki Schultz , Nathaniel Berman , Adrienne Davis , Janet Halley Round Table Discussion: Subversive Legal Moments? 12 Texas Journal of Women and the Law 197 (Spring 2003) Law Review Articles and Other Secondary Sources   Good morning, and welcome to the first roundtable, which is in many ways a Rorschach test. In your packet, you have a handout that says Frontiero v. Richardson on the front. You might want to take it out and have it in front of you during the panel because we are going to focus on the cases included in the packet. We are delighted to have such a... 2003
  Second Amended Complaint For: (1) Deprivation of Life and Liberty and the Privileges and Immunities of United States Citizenship in Violation of the Fourteenth Amendment of the U.s. Constitution; (2) Deprivation of Property and Privileges and Immunities o (4/29/2003) Trial Court Documents   Plaintiffs JOHN MELVIN ALEXANDER et al. allege as follows: 1. This action arises under the Fourteenth Amendment to the Constitution of the United States; the Civil Rights Act of April 9,... 2003
John Gibeaut Shelter Game 89-AUG ABA Journal 44 (August, 2003) Law Review Articles and Other Secondary Sources   It may be difficult to picture a bunch of tax lawyers sitting down at the corner tavern swapping jokes over a few beers. But if they did, Assistant Attorney General Eileen J. O'Connor would be the life of the party. O'Connor tells a knee-slapper about a court appearance at which a tax shelter promoter meticulously parsed the Internal Revenue Code.... 2003
Kaimipono David Wenger Slavery as a Takings Clause Violation 53 American University Law Review 191 (October, 2003) Law Review Articles and Other Secondary Sources   Introduction. 192 I. Slaves Possessed a Property Right of Self-Ownership. 199 A. A Conceptual Foundation. 199 B. Characteristics of the Self-Ownership Right. 204 1. Universality. 204 2. Inalienability. 204 C. Self-Ownership as Constitutionally Protected Property. 208 II. Reconceptualizing Slavery as a Taking. 209 A. Preliminary Inquiries. 210 1.... 2003
  Snippets 24 Judicial/Legislative Watch Report Rep. 6 (8/1/2003) Law Review Articles and Other Secondary Sources   Suit Challenging Title IX Thrown Out: In the meantime, a federal judge has cited standing problems to dismiss a suit challenging Title IX of the Education Amendments of 1974, barring discrimination in educational programs on the basis of sex. Long-standing male athletic programs threatened with extinction claimed that the title constituted reverse... 2003
Paul Brest Some Comments on Grutter v. Bollinger 51 Drake Law Review 683 (2003) Law Review Articles and Other Secondary Sources   For well over a quarter century, law schools have been taking race into account in the admission of students in order to promote diversity. This spring, the Supreme Court will reconsider the 1978 decision in Regents of the University of California v. Bakke that held this practice constitutionally permissible. As a former law school dean who saw the... 2003
Alfred L. Brophy Some Conceptual and Legal Problems in Reparations for Slavery 58 New York University Annual Survey of American Law 497 (2003) Law Review Articles and Other Secondary Sources   Now that reparations talk has gained wide acceptance on college campuses, on the opinion pages of the nations' newspapers, and even on occasion in the halls of Congress, we need to focus on the moral and legal case for reparations and how proposals made might actually work. Reparations may be becoming widely accepted as an ideal, but there is... 2003
  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
Maxine Burkett Strategic Voting and African-americans: True Vote, True Representation, True Power for the Black Community 8 Michigan Journal of Race and Law 425 (Spring 2003) Law Review Articles and Other Secondary Sources   Introduction. 425 I. African-Americans in the Political Marketplace. 428 A. The Critique. 428 B. The Notion of Strategic Voting. 428 II. The Meaning of Black Political Party Affiliation. 428 A. The Failure of Democratic Representation. 428 B. Our Resilient Loyalties: The Brief Tale of Gary Franks and the CBC. 428 C. Interethnic Competition: Dealing... 2003
Aaron H. Caplan Stretching the Equal Access Act Beyond Equal Access 27 Seattle University Law Review 273 (Fall 2003) Law Review Articles and Other Secondary Sources   I. The Equal Access Act. 277 A. Student Groups at Public Schools. 277 B. Congressional Motivations. 281 C. Analysis of the Statute. 287 1. Access to What?. 287 2. When Does a School Have a Limited Open Forum?. 289 3. What is a Limited Open Forum?. 291 4. When is Access Equal?. 295 5. Are There Limitations to the Equal Access Obligation?. 297 6. How... 2003
Professor Leti Volpp Syllabus: Asian Pacific Americans and the Law 10 Asian Law Journal 97 (May, 2003) Law Review Articles and Other Secondary Sources   Yen Le Espiritu, Asian American Panethnicity: Bridging Institutions and Identities 1-2, 12-18 (1992). Lisa Lowe, Heterogeneity, Hybridity, Multiplicity: Asian American Differences, in Immigrant Acts: On Asian American Cultural Politics 60-83 (1996). Chris Iijima, The Era of We-Construction: Reclaiming the Politics of Asian Pacific American Identity... 2003
Lorenzo Morris Symptoms of Withdrawal--the U.n., the U. S., Racism and Reparations 6 Howard Scroll: The Social Justice Law Review 49 (Fall, 2003) Law Review Articles and Other Secondary Sources   When the most enduring social problem in U.S. history came together with one of the country's persistently irritating international alliances, it gave rise to the U.S. retreat from the United Nations Conference on Racism in Durban, South Africa. At the August-September 2001 conference, a host of caucuses, non-governmental organizations (NGOs) and... 2003
  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
Arunabha Bhoumik The Affirmative Action Debate 40 Harvard Journal on Legislation 195 (Winter, 2003) Law Review Articles and Other Secondary Sources   In the spring of 2002, Harvard University was embroiled in racial controversy. At Harvard Law School, a series of alleged racially insensitive incidents involving both students and professors sparked student response and caught the attention of the national press. Cornell West, a prominent professor of Afro-American studies, left Harvard for... 2003
Frank H. Wu The Arrival of Asian Americans: an Agenda for Legal Scholarship 10 Asian Law Journal L.J. 1 (May, 2003) Law Review Articles and Other Secondary Sources   Asian Americans have arrived. Every generation supposes itself to invent the world anew, but for Asian Americans as a racial minority group, there has been no better time than the present moment. In the past decade, Asian immigrants and their American-born descendants have become so numerous and prominent that it has become impossible to ignore... 2003
Richard John Galvin The Case for a Japanese Truth Commission Covering World War Ii Era Japanese War Crimes 11 Tulane Journal of International and Comparative Law 59 (Spring 2003) Law Review Articles and Other Secondary Sources   I. Introduction. 60 II. Overview of World War II Japanese War Crimes. 62 A. The Rape of Nanking. 64 B. Unit 731. 65 C. The Comfort Women. 66 D. Prisoners of War. 68 III. The Tokyo Tribunal and Other Japanese War Crimes Tribunals. 69 A. Introduction. 69 B. Why the War Crimes Trials Were Ineffective. 71 1. The Failure to Prosecute Emperor Hirohito.... 2003
Charles J. Ogletree, Jr. The Current Reparations Debate 36 U.C. Davis Law Review 1051 (June, 2003) Law Review Articles and Other Secondary Sources   I. Reparations, Repair, and Victims' Rights. 1051 II. Defining Reparations. 1055 III. The Race-Skewed Notion of Victimhood. 1058 IV. A History of Violence. 1060 V. Accounting for the Victims. 1062 VI. Repair and Reparations. 1064 VII. Failure of Dialogue. 1066 VIII. Types of Lawsuit Available. 1070 Reparations for African Americans strike at the... 2003
Ingrid Brunk Wuerth The Dangers of Deference: International Claim Settlement by the President 44 Harvard International Law Journal L.J. 1 (Winter, 2003) Law Review Articles and Other Secondary Sources   During the final months of the Clinton administration, the State Department entered into a trio of unprecedented international agreements with France (the French Agreement), Germany (the German Agreement), and Austria (the Austrian Agreement). These sole executive agreements, designed to resolve litigation pending in the U.S. courts that... 2003
J.A. Lindgren Alves The Durban Conference Against Racism and Everyone's Responsibilities 37 University of San Francisco Law Review 971 (Summer 2003) Law Review Articles and Other Secondary Sources   Yo soy yo y mi circunstancia y si no la salvo a ella no me salvo yo. WHEN DELEGATES AND observers to the third United Nations conference against racism left the premises in Durban, South Africa, exhausted and still stunned by the difficulties they had faced, they did not have a hint of what was soon to happen. They knew that only by means of... 2003
G. Randal Hornaday The Forgotten Empire: Pre-civil War Southern Imperialism 36 Connecticut Law Review 225 (Fall, 2003) Law Review Articles and Other Secondary Sources   Unite, and you shall form one of the most splendid empires on which the sun ever shone, of the most homogeneous population, all of the same blood and lineage, a soil the most fruitful, and a climate the most lovely .. O, Great God, unite us, and a tale of submission shall never be told. In 1861, the United States of America imploded in a bloody... 2003
Jesse K. Souki The Forgotten Heroes: Reparations for Victims of Occupied Guam During World War Ii 1 Seattle Journal for Social Justice 573 (Spring/Summer, 2003) Law Review Articles and Other Secondary Sources   So as we were sitting there, someone interrupted and came in and started investigating us, whether we're waiting for the American, whether we love the American. Do you understand the American ain't gonna find nothing but just flies? The September 11, 2001 attacks and the December 7, 1941 air raid on Pearl Harbor are not the only occasions when an... 2003
Larry Catá Backer The Führer Principle of International Law: Individual Responsibility and Collective Punishment 21 Penn State International Law Review 509 (Spring 2003) Law Review Articles and Other Secondary Sources   I offer here an extended Nietzschean joke: the necessity of error in the constitution of individual authority and communal power. Communities--the nation-state, religious communities, terrorist organizations--are arranged through a cultivation of error: mistaking causes for effects, assuming a false causality, creating an imagined causality, and... 2003
Eugene Volokh The Mechanisms of the Slippery Slope 116 Harvard Law Review 1026 (February, 2003) Law Review Articles and Other Secondary Sources   I. L2-5,T2Introduction. .1028 II. L2-5,T2Cost-Lowering Slippery Slopes and Other Multi-Peaked Preferences Slippery Slopes. .1039 A. L3-5,T3Cost-Lowering Slippery Slopes. .1039 1. L4-5,T4An Example. .1039 2. L4-5,T4A Diverse Preferences Explanation for Cost-Lowering Slippery Slopes. .1041 3. L4-5,T4Cost-Lowering Slippery Slopes, the Costs of... 2003
Scott A. Taylor The Native American Law Opinions of Judge Noonan: Do We Hear the Faint Voice of Bartólome De Las Casas? 1 University of Saint Thomas Law Journal 148 (Fall 2003) Law Review Articles and Other Secondary Sources   Judge John T. Noonan, Jr., is one of the foremost adherents of natural law theory. At the inception of the United States, the national government dealt with Native Americans under a natural law theory that recognized rights of possession of the land. The lands of Native Americans could not be taken without their consent except in the case of just... 2003
Kelly D. Askin The Quest for Post-conflict Gender Justice 41 Columbia Journal of Transnational Law 509 (2003) Law Review Articles and Other Secondary Sources   There is no scarcity of evidence of gender-related crimes committed on an astronomical scale in current or past conflicts around the world, despite the reluctance of victims to report the crimes and the disinclination of a majority of investigators and reporters to search for evidence of sexual violence. Sex crimes are exceedingly commonplace... 2003
  The Senate: Dramatic Personnel Changes 24 Judicial/Legislative Watch Report Rep. 5 (2/1/2003) Law Review Articles and Other Secondary Sources   The normally gentle Senate is experiencing leadership staff shakeups. The ascendancy of Tennessee Republican Bill Frist to the position of Majority Leader, coupled with Mitch McConnell's (R-Ky.) assumption of the post of Republican Whip, have, predictably, resulted in housecleanings. But, in the Republican Policy Committee, where some staff have... 2003
  The State of Consumer Adr Negotiation Ethics, International Adr, and Reparations Claims Facilities 21 Alternatives to the High Cost of Litigation 79 (4/1/2003) Law Review Articles and Other Secondary Sources   On Jan. 30-31, the CPR Institute for Dispute Resolution held its annual meeting for CPR members. About 250 legal practitioners, academics, and ADR counsel met at the Plaza Hotel in New York City, to exchange alternative dispute resolution strategies, improve their skills, and examine the practice. The eight meeting seminars, for which participants... 2003
Rhonda V. Magee Andrews The Third Reconstruction: an Alternative to Race Consciousness and Colorblindness in Post-slavery America 54 Alabama Law Review 483 (Winter 2003) Law Review Articles and Other Secondary Sources   We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. --United States... 2003
Ronald Turner The Too-many-minorities and Racegoating Dynamics of the Anti-affirmative-action Position: from Bakke to Grutter and Beyond 30 Hastings Constitutional Law Quarterly 445 (Summer 2003) Law Review Articles and Other Secondary Sources   At various points in time, in various spaces and places, certain individuals and entities have looked at a university, an employer, or a government contracting program and observed the presence of a certain number of African-Americans, Latino/as, and other people of color who, in the view of the observers, should not have been in those places and... 2003
L. Kathleen Roberts The United States and the World: Changing Approaches to Human Rights Diplomacy under the Bush Administration 21 Berkeley Journal of International Law 631 (2003) Law Review Articles and Other Secondary Sources   This article focuses on the Bush administration's attempts to promote human rights in other countries over the first two years of its term. According to the State Department Bureau for Democracy, Human Rights, and Labor's [DRL] statement of its principles, core priorities with respect to human rights have not changed significantly between... 2003
Judge Edward D. Re The Universal Declaration of Human Rights: Effective Remedies and the Domestic Courts 33 California Western International Law Journal 137 (Spring 2003) Law Review Articles and Other Secondary Sources   I. Introduction. 138 II. Moral Norms and Legal Rights. 139 III. Universal Declaration of Human Rights. 141 A. Approval of Declaration by General Assembly. 141 B. Nature and Content of the Declaration. 142 IV. Moral and Legal Effect of the Declaration and Regional Charters. 143 V. International Law and Human Rights. 145 VI. Human Rights and... 2003
Ron Harris The Uses of History in Law and Economics 4 Theoretical Inquiries in Law 659 (July, 2003) Law Review Articles and Other Secondary Sources   During the last quarter of the twentieth century, the humanities and social sciences have turned toward history, something that culminated in the 1990s, and this phenomenon was evident in law as well. However, until recently, law and economics, the most influential post-World War II jurisprudential movement, was a-historical in its methodology and... 2003
Garrett Perdue The Victim's Fortune: the Struggle for Restitution for Holocaust Victims 7 North Carolina Banking Institute 423 (4/1/2003) Law Review Articles and Other Secondary Sources   The Victim's Fortune, by John Authers and Richard Wolffe, is a story of lawyers, businessmen, government officials and Jewish leaders striving for justice, and . . . squabbling over money owed to Holocaust victims. The book explores a deadly matrix of strategies, including competing class action lawsuits, independent auditing committees,... 2003
Garrick B. Pursley Thinking Diversity, Rethinking Race: Toward a Transformative Concept of Diversity in Higher Education 82 Texas Law Review 153 (11/1/2003) Law Review Articles and Other Secondary Sources   Since the United States Supreme Court's landmark decision in Regents of the University of California v. Bakke, the legal status of affirmative action in higher education admissions programs has been infused with controversy. The United States Circuit Courts of Appeals rendered conflicting judgments regarding the constitutional legitimacy of... 2003
Christopher A. Bracey Thinking Race, Making Nation 97 Northwestern University Law Review 911 (Winter 2003) Law Review Articles and Other Secondary Sources   [T]he real inequality that is produced by fortune or by law is always succeeded by an imaginary inequality that is implanted in the manners of people. - Alexis de Tocqueville We live in a race-conscious culture. As Americans, we are a nation of people who self-consciously chose to adopt a vision of society that embraced lofty ideals of individual... 2003
David E. Chawes Time Is Not on Your Side: Establishing a Consistent Statute of Limitations for the Alien Tort Claims Act 27 Seattle University Law Review 191 (Summer 2003) Law Review Articles and Other Secondary Sources   In October 1942, Nazi troops abducted seventeen-year old Elsa Iwanowa, from Rostov, Russia, and transported her to Germany with approximately 2,000 other adolescents. Ford Werke, the German subsidiary of Ford Motor Corporation (Ford), purchased Iwanowa and many of the others as slave laborers for their Cologne, Germany truck manufacturing plant.... 2003
Lisa A. Crooms To Establish My Legitimate Name Inside the Consciousness of Strangers: Critical Race Praxis, Progressive Women-of-color Theorizing, and Human Rights 46 Howard Law Journal 229 (Winter 2003) Law Review Articles and Other Secondary Sources   As a female member of our endangered species, I am searching for a relevant proof of sisterhood: I am searching for relevant proof of brotherhood hinged to that sisterhood. I want to pursue the collective, and the creative, securement of all our legitimate names for all of our, finally, legitimate lives. I need to establish my legitimate name... 2003
Michael J. Bazyler , Amber L. Fitzgerald Trading with the Enemy: Holocaust Restitution, the United States Government, and American Industry 28 Brooklyn Journal of International Law 683 (2003) Law Review Articles and Other Secondary Sources   I. Introduction. 685 II. The Role Of The United States In Restitution Efforts Abroad. 686 A. Switzerland. 689 B. Germany. 690 C. France. 697 D. Austria. 699 E. Israel. 700 F. Insurance Claims. 702 G. Art. 709 H. Role of Historical Commissions. 712 1. Switzerland. 712 a. Volcker Report. 713 b. Bergier Final Report. 715 2. Germany. 719 3. Austria.... 2003
Genevieve Morel Transgression and Identification in the Passage to the Act 24 Cardozo Law Review 2441 (August, 2003) Law Review Articles and Other Secondary Sources   It is life's vicissitudes that push us hither and thither, and from them we make our own destiny--because it is we ourselves who weave it as such. We make our destiny out of them, because we speak. We believe that we say what we want, but actually it is what the others wanted, more particularly, our family, which speaks us. You should understand... 2003
Ruti G. Teitel Transitional Justice Genealogy 16 Harvard Human Rights Journal 69 (Spring, 2003) Law Review Articles and Other Secondary Sources   This Article proposes a genealogy of transitional justice. Transitional justice can be defined as the conception of justice associated with periods of political change, characterized by legal responses to confront the wrongdoings of repressive predecessor regimes. The genealogy presented in this Article traces the historical pursuit of justice in... 2003
  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
  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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