AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Linda R. Crane From Gibbons to Lopez: Does the Commerce Clause Remain a Viable Tool for Eliminating the Vestiges of Slavery? 4 Barry Law Review 71 (Fall 2003) Law Review Articles and Other Secondary Sources   (A)bsent a jurisdictional tie to interstate commerce or regulation of the channels or instrumentalities of such commerce, the focus of the Court's attention - as long as Lopez survives--will not be simply on whether the cumulative or aggregated effects on interstate commerce of an intrastate activity can be called substantial, but rather on whether... 2003  
Shubha Ghosh Gandhi & the Life of the Law 53 Syracuse Law Review 1273 (2003) Law Review Articles and Other Secondary Sources   South Africa. 1893. A year after Homer Plessy boarded a first-class coach in Louisiana, a newly minted barrister is riding first class to Pretoria. A white passenger sees him and runs to get a ticket collector. A black porter asks the passenger if he has ever been in South Africa before. We are informed that this is his first trip. The collector... 2003  
Herbert Morris George Fletcher and Collective Guilt: a Critical Commentary on the 2001 Storrs Lectures 78 Notre Dame Law Review 731 (April, 2003) Law Review Articles and Other Secondary Sources   Professor George Fletcher's writings over the many years of his exceptionally productive scholarly life have, to a remarkable degree, been marked by great daring and originality. They have significantly enriched our understanding of issues within the areas of criminal law, torts, comparative law, constitutional law, victims' rights, and loyalty, to... 2003  
Elizabeth M. Schneider Grief, Procedure, and Justice: the September 11th Victim Compensation Fund 53 DePaul Law Review 457 (Winter 2003) Law Review Articles and Other Secondary Sources   The September 11th Victim Compensation Fund of 2001 is unprecedented in the American legal system. The Victim Compensation Fund emerged from congressional efforts to bail out the airlines from lawsuits arising from the September 11th tragedy. The compromise was to give those who lost family members, or were injured, something in return for waiving... 2003  
Edward D. Urquhart , Susan Schwyn Martinez Handling Investigations Involving Civil and Criminal Tax Cases 45 South Texas Law Review 193 (Winter 2003) Law Review Articles and Other Secondary Sources   I. Introduction. 195 II. Internal Revenue Service Voluntary Disclosure Policy. 196 A. A Lucky Way to Avoid Criminal Tax Prosecution. 196 B. The IRS Offshore Voluntary Compliance Initiative. 197 C. Cases Involving IRS Voluntary Disclosure Practice Issues. 199 III. Protecting the Confidentiality Rights of Taxpayers During Civil Tax Examinations and... 2003  
Alan K. Henrikson Henry Kissinger, Geopolitics, and Globalization 27-SPG Fletcher Forum of World Affairs 95 (Winter/Spring, 2003) Law Review Articles and Other Secondary Sources   An internationally minded reader might be disposed to say, Yes, of course, almost reflexively in answer to the question posed by Dr. Henry Kissinger in the title of his recent book, Does America Need a Foreign Policy?. Actually, the former national security adviser and secretary of state is posing a more difficult question, one that does not... 2003  
Katherine Topulos , Shannon D. Gilreath, Professional Center Library, Wake Forest University School of Law, Winston-Salem, North Carolina, USA Holocaust Justice: the Battle for Restitution in America's Courts. By Michael J. Bazyler. New York University Press, 2003. Pp. 411. Isbn 0-8147-9903-5. Us$34.95 31 International Journal of Legal Information 541 (Winter, 2003) Law Review Articles and Other Secondary Sources   There is no shortage of literature, fact or fiction, about the Holocaust. And it is no wonder. Its very real details far surpass the horror of the most unbounded fiction. It is one of history's most recognizable examples of the darkest side of humanity, and a desperate reminder of how easily that side can overshadow all else. However, there is a... 2003  
Carroll G. Robinson How Will I Know 28 Thurgood Marshall Law Review 133 (Spring, 2003) Law Review Articles and Other Secondary Sources   I want to temper reality with a touch of idealism while offering some food for thought. In 1903, W.E.B. DuBois wrote the Soul of Black Folks, where he posed the question, [w]hat shall be done with Negroes? That question continues to confront this nation but now encompasses how people of color will be treated. It is important to remind one, as... 2003  
  In Brief 3/13/2003 Vol.49 16 (3/13/2003) Law Review Articles and Other Secondary Sources     2003  
  In Brief 7/31/2003 Vol.49 16 (7/31/2003) Law Review Articles and Other Secondary Sources     2003  
John Haberstroh In re World War Ii Era Japanese Forced Labor Litigation and Obstacles to International Human Rights Claims in U.s. Courts 10 Asian Law Journal 253 (May, 2003) Law Review Articles and Other Secondary Sources   He'd been petitioning for redress all his life. Of course he hoped for some money, but most of all he needed an admission that he'd been wronged. At 75, he's become a bit obsessed with it. It's the only way he can make sense of his life, the only way he can die easy. In recent years, numerous Korean and Chinese victims of Japan's World War II... 2003  
John R. Schmertz, Mike Meier In Twenty-eight Actions by Former World War Ii Slave Laborers for Germany and Japan, Ninth Circuit Concludes That 1999 California Statute Providing for Cause of Action for Such Claims Unconstitutionally Interferes with Federal Government's Foreign Affairs 9 International Law Update 27 (2/1/2003) Law Review Articles and Other Secondary Sources   German forces abducted one plaintiff, Josef Tibor Deutsch, a Jew of Hungarian origin, in 1944 to work 14-hour days for private corporations, including the large German construction company Hochtief AG. Deutsch's brother died of injuries suffered at the hands of a Hochtief supervisor. A 1999 California statute, Cal.Code Civ. Proc. ยง 354.6, creates a... 2003  
Jeremy Waldron Indigeneity? First Peoples and Last Occupancy 1 New Zealand Journal of Public and International Law 55 (November, 2003) Law Review Articles and Other Secondary Sources   This paper was presented as the 2002 Quentin-Baxter Memorial Lecture at the Victoria University of Wellington Law School on 5 December 2002. Professor Waldron critically examines two principles invoked in New Zealand and elsewhere in debates about indigeneity: first occupancy and prior occupancy. What exactly does it mean to describe a people as... 2003  
Joseph Jenkins Inheritance Law as Constellation in Lieu of Redress: a Detour Through Exceptional Terrain 24 Cardozo Law Review 1043 (3/1/2003) Law Review Articles and Other Secondary Sources   Man, slow down! Don't walk so fast. All you gotta do is take your time. We'll get there. Stay in the road. I don't blame the people from sayin' walkin' the blues. Walkin' the blues, cause this is it, boy. --Jack Dupree, Strollin' recorded in New York, 1958 Redress should be considered, in the first instance, from the vantage of exceptional... 2003  
Jay A. Ebelhar, Editor-in-Chief, The University of Memphis Law Review Introduction 33 University of Memphis Law Review 243 (Winter, 2003) Law Review Articles and Other Secondary Sources   Without question, this issue of The University of Memphis Law Review departs significantly from our traditional practical focus on Tennessee law. Indeed, because we traditionally favor the publication of pieces geared toward facilitating practitioners' understanding of narrow legal issues, an entire book weighing the moral and practical aspects of... 2003  
Tania Cruz Judicial Scrutiny of National Security: Executive Restrictions of Civil Liberties When "Fears and Prejudices Are Aroused" 2 Seattle Journal for Social Justice 129 (Fall/Winter, 2003) Law Review Articles and Other Secondary Sources   As historical precedent it stands as a constant caution that in times of war or declared military necessity our institutions must be vigilant in protecting constitutional guarantees . that in times of distress the shield of military necessity and national security must not be used to protect governmental actions from close scrutiny and... 2003  
Congressman Gregory W. Meeks Kellis E. Parker Keynote Address 77 Saint John's Law Review 769 (Fall 2003) Law Review Articles and Other Secondary Sources   I have spent the past week in contentious debates in the House of Representatives, battling against the pretentious budget proposals from the other side of the aisle. So it is great to be here this afternoon among people who are focused on taking our country forward in the twenty-first century, instead of backward to the worst of the twentieth and... 2003  
Susan Kiyomi Serrano , Dale Minami Korematsu v. United States: a "Constant Caution" in a Time of Crisis 10 Asian Law Journal 37 (May, 2003) Law Review Articles and Other Secondary Sources   Twenty years ago, in a crowded federal courtroom for the Northern District of California, Fred Korematsu uttered a simple request: I would like to see the government admit that they were wrong and do something about it so this will never happen again to any American citizen of any race, creed, or color. Korematsu and his team of young lawyers... 2003  
Pedro A. Malavet Latcritical Encounters with Culture, in North-south Frameworks 55 Florida Law Review Rev. 1 (January, 2003) Law Review Articles and Other Secondary Sources   I. L2-3,T3Introduction 1. II. L2-3,T3The Conference Contexts: The Articulation and Theoretical Performance of LatCrit 6. A. The Opening Roundtable. 6 B. Plenary Panel I: Implications of Indigenous Activism. 18 C. The TWAIL/NAIL Concurrent Panel. 24 III. L2-3,T3Continuing LatCritical Encounters with Culture in Comparative North-South Frameworks 31.... 2003  
Maria L. Ontiveros Lessons from the Fields: Female Farmworkers and the Law 55 Maine Law Review 157 (2003) Law Review Articles and Other Secondary Sources   I. L2-4Introduction II. L2-4Life in the Fields A. L3-4Demographics and Structure of California's Agricultural Industry 1. Demographic Information 2. Structural Component: Undocumented Workforce 3. Structural Component: Farm Labor Contractors B. L3-4The Transnational Lives of Farmworkers C. L3-4Conditions of Work 1. Work, Hours, and Compensation 2.... 2003  
Richard Delgado Linking Arms: Recent Books on Interracial Coalition as an Avenue of Social Reform 88 Cornell Law Review 855 (March, 2003) Law Review Articles and Other Secondary Sources   The Miner's Canary: Enlisting Race, Resisting Power, Transformiing Democracy. By Lani Guinier & Gerald Torres. Cambridge: Harvard University Press, 2002. Pp. 392. $27.95 Interracial Justice: Conflict and Reconciliation in Post-Civil Rights America. By Eric Yamamoto. New York: New York University Press, 1999. Pp. 330. $55.00 (Hardcover) (Paperback,... 2003  
Douglas J. Sylvester Myth in Restorative Justice History 2003 Utah Law Review 471 (2003) Law Review Articles and Other Secondary Sources   In 1935, Cecil B. DeMille released his cinematic vision of The Crusades. Starring Loretta Young as Princess Berengaria and Richard Wilcoxon as King Richard the Lionhearted, the film promised [w]onders to dazzle the human imagination--in a flaming love story set in titanic world conflict! Ultimately, however, The Crusades' sweep of history is more... 2003  
Michele Goodwin Nigger and the Construction of Citizenship 76 Temple Law Review 129 (Summer 2003) Law Review Articles and Other Secondary Sources   This article analyzes the intersecting legal, psychological and social dimensions of the word nigger. It explores the legal treatment and social power of a word that has remained fixed in our cultural lexicon. It is a word spoken with authority, but does it also have legal power? Within the law, does it differ from a cross burning? Should it? The... 2003  
Jeffrey Andrew Hartwick Non-governmental Organizations at United Nations-sponsored World Conferences: a Framework for Participation Reform 26 Loyola of Los Angeles International and Comparative Law Review 217 (Winter 2003) Law Review Articles and Other Secondary Sources   Non-governmental organizations (NGOs) have grown increasingly powerful and influential at international conferences sponsored by the United Nations. For instance, NGO activity was particularly prominent at the 2001 UN World Conference Against Racism (WCAR) in Durban, South Africa. This conference, however, was also an example of excessive NGO... 2003  
Caleb A. Jaffe Obligations Impaired: Justice Jonathan Jasper Wright and the Failure of Reconstruction in South Carolina 8 Michigan Journal of Race and Law 471 (Spring 2003) Law Review Articles and Other Secondary Sources   INTRODUCTION. 471 I. Historiography of South Carolina Reconstruction. 471 II. Whipper v. Wright. 473 III. The Remnants of Slavery. 478 IV. The Homestead Act. 491 CONCLUSION. 500 2003  
Mary Anne Case Of "This" and "That" in Lawrence V Texas 55 Supreme Court Review 75 (2003) Law Review Articles and Other Secondary Sources   In at least three different respects, this essay's title describes its contents: First, rather than make a single overarching claim about Lawrence, the essay makes a variety of different observations about this and that aspect of the decision and its implications. Second, what follows is quite literally an essay about this and that, as well as... 2003  
Wendy Brown Scott Oliver Wendell Holmes on Equality and Adarand 47 Howard Law Journal 59 (Fall 2003) Law Review Articles and Other Secondary Sources   Justice Holmes's century-old jurisprudence continues to influence the development of American constitutional law. As a scholar and a jurist, Justice Holmes played a major role in the transition of American jurisprudence to legal realism, which in turn has birthed several offspring. For example, critical theories, legal pragmatism and public choice... 2003  
Kevin R. Johnson Open Borders? 51 UCLA Law Review 193 (October, 2003) Law Review Articles and Other Secondary Sources   U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this Article, Kevin Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible... 2003  
Francisco Valdes Outsider Jurisprudence, Critical Pedagogy and Social Justice Activism: Marking the Stirrings of Critical Legal Education 10 Asian Law Journal 65 (May, 2003) Law Review Articles and Other Secondary Sources   It surely is no coincidence that the syllabi of courses on Asian Americans and the Law featured in this Tenth Anniversary Issue of the Asian Law Journal share structural, substantive and methodological commonalities. They each marshal interdisciplinary materials to bring into sharp relief the uses of Law in the origin and construction of everyday... 2003  
Sharon Harzenski Post-colonial Studies: Terrorism, a History, Stage Two 17 Temple International and Comparative Law Journal 351 (Fall 2003) Law Review Articles and Other Secondary Sources   [I]t is not the head of a civilization that begins to rot first. It is the heart. There is a basic difference in why we are treated as we are: one knows his history and one doesn't know his history! Foucault . . . made me more . . . aware of the importance of the neglected details of the everyday. . . . Of what is history made as it happens?... 2003  
Leonard M. Baynes Racial Stereotypes, Broadcast Corporations, and the Business Judgment Rule 37 University of Richmond Law Review 819 (March, 2003) Law Review Articles and Other Secondary Sources   The major networks have received a great deal of criticism for the absence of, and stereotyping of, people of color who appear on their prime-time television shows. Many more African American characters appear on television series today than at any other time in television's previous history. African Americans comprise an ever larger and growing... 2003  
Ruth Gordon Racing U.s. Foreign Policy 17 National Black Law Journal L.J. 1 (2003) Law Review Articles and Other Secondary Sources   This essay explores how race has shaped American foreign policy and American perspectives regarding international law. While a number of scholars have analyzed African American perspectives regarding U.S. foreign policy, the goal here is different. My objective is to question how American views regarding race have affected policy decisions and... 2003  
Richard A. Boswell Racism and U.s. Immigration Law: Prospects for Reform after "9/11?" 7 Journal of Gender, Race and Justice 315 (Fall 2003) Law Review Articles and Other Secondary Sources   I. Introduction II. Brief History of Racial Exclusion in U.S. Immigration Policy A. Mexican, Asian and African Exclusion B. The National Origin Quota C. The 1965 Immigration Act D. The 1964 Civil Rights Laws E. The Modern Reform Movements III. Problems in the Immigration System A. Structural Barriers B. Doctrinal Barriers C. Attitudinal Barriers... 2003  
Eric K. Yamamoto Reclaiming Civil Rights in Uncivil Times 1 Hastings Race and Poverty Law Journal 11 (Fall, 2003) Law Review Articles and Other Secondary Sources   I'm from Hawai'i. Third generation Japanese American. At the turn of the last century, my grandparents hoped to better their hard life in Japan and emigrated to work on Hawai'i's sugar plantations. In response to oppressive work and living conditions, my grandfather reportedly helped a fledgling union fight the white plantation owners who... 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  
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  
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  
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  
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