AuthorTitleCitationDocument TypeStatusSummaryYear
Kenneth R. Davis Undo Hardship: an Argument for Affirmative Action as a Mandatory Remedy in Systemic Racial Discrimination Cases 107 Dickinson Law Review 503 (Winter 2003) Law Review Articles and Other Secondary Sources   Denounced by some and praised by others, affirmative action inflames emotions and incites debate. Critics label affirmative action a euphemism, a twist of linguistic chicanery that condones reverse discrimination. Supporters hail it as an enlightened imperative for achieving social justice. Sometimes the rhetoric is overheated and accusatory. A... 2003
David Boyle Unexpected Racial Assertions: a Counter-reply to David Horowitz 105 West Virginia Law Review 711 (Spring 2003) Law Review Articles and Other Secondary Sources   Thanks to Mr. Horowitz for his lively and astoundingly imaginative reply. I shall try to answer many of his points, in a brief fashion, and in roughly chronological order. First, though, I appreciate his following at least the female members of the Bush family in trying to spread literacy and able speaking of English (Boyle should learn how to... 2003
Beth Van Schaack Unfulfilled Promise: the Human Rights Class Action 2003 University of Chicago Legal Forum 279 (2003) Law Review Articles and Other Secondary Sources   Historically, international law consisted primarily of substantive norms, leaving it to individual nation states to determine how to implement and enforce those norms. Human rights class actions in U.S. courts represent one such fusion of international legal rights with domestic judicial remedies. Since the late 1980s, victims of human rights... 2003
  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
  United States' Response to James's July 21, 2003 Letter to the Court (8/11/2003) Trial Court Documents   The United States responds to James's July 21, 2003, letter to the Court as follows: The Court should not treat James's letter of July 21, 2003, as a motion to compel because 1) James has... 2003
  United States' Response to James's Motion for the Appointment of Counsel and Request to Proceed in Forma Pauperis (7/11/2003) Trial Court Documents   The United States opposes defendant James's request for appointment of counsel because James cannot meet the exceptional circumstances standard for appointment of counsel in a civil case.... 2003
David Horowitz Unsavory Black Insinuations: a Reply to David Boyle 105 West Virginia Law Review 699 (Spring 2003) Law Review Articles and Other Secondary Sources   I am not happy with this title and don't for a moment believe that the unsavory insinuations in David Boyle's article (Unsavory White Omissions: A Review of Uncivil Wars) are in any way black, in the sense of being generic to black Americans. My excuse for this verbal excess is to provide an object lesson for an academic audience that is... 2003
David Boyle Unsavory White Omissions? A Review of Uncivil Wars 105 West Virginia Law Review 655 (Spring 2003) Law Review Articles and Other Secondary Sources   Introduction. 656 I. A Summary of Uncivil Wars. 661 II. Horowitz's Self-Victimology: The Whine This Time. 671 III. Horowitz's Incivility in Uncivil Wars. 676 IV. Reasons Against Reparations in Horowitz's Advertisement and Uncivil Wars. 682 A. The Advertisement. 682 1. There Is No Single Group Responsible for the Crime Of Slavery. 682 2. There... 2003
Larry Catá Backer Using Law Against Itself: Bush v. Gore Applied in the Courts 55 Rutgers Law Review 1109 (Summer 2003) Law Review Articles and Other Secondary Sources   The decisions in Bush v. Palm Beach County Canvassing Board (Bush I) and Bush v. Gore (Bush II) evidence the extent to which it now appears unremarkable for courts to play a role in even the most basic political issues. While the doctrinal value of the Bush decisions is certainly important, the Bush decisions are far more valuable for their... 2003
Leo Katz What to Compensate? Some Surprisingly Unappreciated Reasons Why the Problem Is So Hard 40 San Diego Law Review 1345 (November-December 2003) Law Review Articles and Other Secondary Sources   I. Introduction. 1345 II. The First Cluster: The Failure-to-Worsen Cases. 1347 A. The Basic Dilemma. 1347 B. Related, But Distinct Problems. 1351 III. The Second Cluster: The Raw Utility Problem. 1353 A. The Basic Dilemma, Vaguely Stated. 1353 B. The Basic Dilemma, More Precisely Stated. 1355 IV. The Third Cluster: The Contract Damages Question.... 2003
Richard Delgado White Interests and Civil Rights Realism: Rodrigo's Bittersweet Epiphany 101 Michigan Law Review 1201 (March, 2003) Law Review Articles and Other Secondary Sources   I had just settled down, taken off my tie, and was about to go over the two-page handout entitled Information for Wedding Parties that the minister of the small church had handed me minutes earlier, when I heard a knock and familiar voice from the other side of the anteroom door. Professor? Rodrigo! I exclaimed. Come on in. Seconds later,... 2003
Bob Carlson Why Slavery Reparations Are Good for Civil Procedure Class 47 Saint Louis University Law Journal 139 (Winter 2003) Law Review Articles and Other Secondary Sources   As a 1L, I found much of Civil Procedure class to be mundane and boring. Although Civil Procedure is key to any successful litigation, few that I know in the legal world find it interesting, and it rarely comes up when lawyers discuss their favorite things about law. Rarer still is the attorney who would enjoy nothing more than reading and writing... 2003
Gregory Kane Why the Reparations Movement Should Fail 3 Margins: Maryland's Law Journal on Race, Religion, Gender, and Class 189 (Spring, 2003) Law Review Articles and Other Secondary Sources   In 1865, the abolition of slavery began a new chapter in our country's history. Nearly 140 years later, the controversy over slavery continues as many claim that African-Americans are owed a debt because of slavery's negative effects. These claims have flourished in the form of reparations not only for the benefit of descendants of slaves, but for... 2003
  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
William Bradford With a Very Great Blame on Our Hearts: Reparations, Reconciliation, and an American Indian Plea for Peace with Justice 27 American Indian Law Review Rev. 1 (2002-2003) Law Review Articles and Other Secondary Sources   In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the... 2003
Cheryl B. Preston Women in Traditional Religions: Refusing to Let Patriarchy (Or Feminism) Separate Us from the Source of Our Liberation 22 Mississippi College Law Review 185 (Spring, 2003) Law Review Articles and Other Secondary Sources   The picture of Afghan women under the burqa may be the feminist ensign of our age. This image is a powerful one in enlisting the support of feminists, typically pacifists, for war--and if not for war in the sense of an armed invasion of another country, at least for a revival of the feminist disdain for traditional conservative religions. Erin... 2003
  (Deposition of Joe R. Feagin) (9/10/2002) Expert Materials   Videotaped Deposition of JOE R. FEAGIN, taken in the above-entitled matter before Douglas M. Burke, Notary Public of the State of New York, taken at the offices of Loeb & Loeb, LLP, 345... 2002
  (Partial Testimony) (9/10/2002) Expert Materials   Videotaped Deposition of JOE R. FEAGIN, taken in the above-entitled matter before Douglas M. Burke, Notary Public of the State of New York, taken at the offices of Loeb & Loeb, LLP, 345... 2002
Paul J. Otterstedt A Natural Rights Approach to Regulatory Takings 7 Texas Review of Law and Politics 25 (Fall 2002) Law Review Articles and Other Secondary Sources   I. Introduction. 27 II. Natural Law, Natural Rights, and Constitutional Interpretation: A Primer. 29 A. Introduction. 29 B. Lockean Natural Law and Natural Rights. 31 C. Lockean Property Rights. 34 D. Lockean Expression in the Declaration. 35 E. Commentators' Interpretations. 36 F. Classical Liberal Originalism. 41 III. Eminent Domain: Background.... 2002
Harold Hongju Koh A United States Human Rights Policy for the 21st Century 46 Saint Louis University Law Journal 293 (Spring 2002) Law Review Articles and Other Secondary Sources   I. A General Approach to Human Rights Policy. 296 A. Bureaucratic Lessons. 296 B. Human Rights Principles. 301 1. A Page of History. 301 2. Truth, Justice, Engagement, and the Democratic Way. 306 a. Telling the Truth. 306 b. Justice. 311 c. Inside-Outside Engagement, with Governments and the Private Sector. 316 d. Strategies of Prevention: Early... 2002
Jack Greenberg Affirmative Action in Higher Education: Confronting the Condition and Theory 43 Boston College Law Review 521 (May, 2002) Law Review Articles and Other Secondary Sources   Abstract: The author argues that when the Supreme Court next confronts the issue of affirmative action in higher education, it should examine the policy realisticallyin terms of the condition of blacks and the consequences for the countrynot abstractly, and uphold its constitutionality. In reaching this conclusion, the author: discusses the... 2002
Mark R. Brown Affirmative Inaction: Stories from a Small Southern School 75 Temple Law Review 201 (Summer 2002) Law Review Articles and Other Secondary Sources   Fellow citizens, we cannot escape history. - Abraham Lincoln The Fifth Circuit held in Hopwood v. Texas that an applicant's race or ethnicity cannot be used to support student diversity at a public college or university. Whether designed to enhance diversity or to redress past discrimination, affirmative action is, according to the Fifth Circuit,... 2002
  Agenda Set for Cpr's Annual Meeting 20 Alternatives to the High Cost of Litigation 195 (November/December 2002) Law Review Articles and Other Secondary Sources   CPR's annual members meeting will be held on Jan. 30-31, 2002, at the Plaza Hotel in New York City. It begins at 1:15 p.m. on Thursday, Jan. 30, with opening remarks by CPR President Thomas J. Stipanowich. The program has been approved in accordance with the requirements of the New York State Continuing Legal Education Board for a maximum of nine... 2002
Robert W. Tracinski America's "Field of the Blackbirds": How the Campaign for Reparations for Slavery Perpetuates Racism 3 Journal of Law in Society 145 (Winter, 2002) Law Review Articles and Other Secondary Sources   Over the past few years, a movement composed of liability lawyers and self-titled civil rights activists have been trying to revive a deservedly obscure idea: the payment of reparations for the injustices committed under slavery. These activists are undeterred by the fact that none of the original victims or villains of slavery are still alive.... 2002
  Appellants' Brief (6/3/2002) Briefs   This appeal is taken from a Judgment upon a Memorandum and Order of the Honorable Sterling Johnson, Jr. of the Eastern District of New York dated September 28, 2001 (the 9/28/01 Order)... 2002
  Appellants' Reply Brief (9/30/2002) Briefs   FN1. Operation Rescue of California is generally referred to in this brief as Operation Rescue. The recitation of facts in the Respondent's brief contains a number of misleading and... 2002
  Appellant's Reply Brief (3/14/2002) Briefs   FN1. On January 30, 2002, 14 Japanese corporations and their American subsidiaries, which face civil liability based on their use of slave labor during World War II, filed a proposed amicus... 2002
  Appellees' Merits Brief for Groups 1, 2 & 3 (5/31/2002) Briefs   American-Turkish Commission Report American-Turkish Commission, American-Turkish Claims Settlement under the Agreement of December 24, 1923, and Supplemental Agreements between the United... 2002
STEPHEN G. WOOD , BRETT G. SCHARFFS Applicability of Human Rights Standards to Private Corporations: an American Perspective 50 American Journal of Comparative Law 531 (Fall 2002) Law Review Articles and Other Secondary Sources   This report is divided into three parts. Part I briefly examines the two fundamental concepts--human rights standards and private corporations - which are central to this report from an American perspective. Part II summarizes three competing theories of the private corporation as a person that have been influential in the United States and... 2002
  Approval of the Minutes of Thejune 14, 2001 Executive Session 221 Federal Rules Decisions 38 (June 6, 7, 8,) Law Review Articles and Other Secondary Sources   The views expressed are those of the author and do not necessarily reflect the views of the publisher. CHIEF JUDGE WALKER: Welcome all, to the 2002 Judicial Conference of the Second Circuit. I'm very glad to have everybody here. I hope you enjoy your stay at the Mohonk Mountain House. It is a most unusual place of retreat, and I think quite an... 2002
Richard O. Faulk Armageddon Through Aggregation? The Use and Abuse of Class Actions in International Dispute Resolution 37 Tort and Insurance Law Journal 999 (Spring, 2002) Law Review Articles and Other Secondary Sources   A troubling and dangerous phenomenon has emerged onto the international litigation landscape. The system of justice understood and appreciated by citizens in most democratic statesone that guarantees individual plaintiffs and defendants their day in courtis increasingly being side-stepped by procedural rules that allow entrepreneurial lawyers to... 2002
Winfried Brugger Ban on or Protection of Hate Speech? Some Observations Based on German and American Law 17 Tulane European and Civil Law Forum L.F. 1 (2002) Law Review Articles and Other Secondary Sources   I. Two Different Ways of Dealing with Hate Speech. 1 II. The Applicable Laws. 4 III. Balancing Rules of the Federal Constitutional Court. 6 IV. Analysis and Evaluation of Difficult Cases. 8 A. Insult of Individuals. 8 B. Collective Insult and Hate Speech. 11 C. Simple and Qualified Holocaust Lies. 15 V. Conclusion. 20 2002
  Barriers at the Bar 38-AUG Trial 38 (August, 2002) Law Review Articles and Other Secondary Sources   Though lawyers of color continue to face inequities in their profession and in society, the law should be able to fashion a remedy for every wrong. In 1925, when the practice of law was still a white man's profession, the founders of the National Bar Association (NBA) launched the first U.S. organization of African-American lawyers. Since then,... 2002
  Bridging the Color Line: the Power of African-american Reparations to Redirect America's Future 115 Harvard Law Review 1689 (April, 2002) Law Review Articles and Other Secondary Sources   America's greatest problem during the twentieth century was the color line; the country appears to wrestle with the same problem in the twenty-first century. After overcoming animosity toward desegregation, America has spent over a half century struggling with affirmative action--facing depressed black enrollment in universities lacking affirmative... 2002
  Brief for Amicus Curiae the United States of America Concerning Group 4 in in Support of Affirmance (6/13/2002) Briefs   The Constitution assigns to the Federal Government exclusive responsibility for conducting the nation's foreign policy. At the conclusion of World War II, the President and Senate... 2002
  Brief for Appellee (10/25/2002) Briefs   Term Definition L1-2 FSIA Foreign Sovereign Imunities Act of 1976, 28 U.S.C. §§ 1602 et seq. L1-2 ATCA Alien Tort Claims Act, 28 U.S.C. § 1350 Note: Table of Contents page numbers missing... 2002
  Brief for the Appellee (5/31/2002) Briefs   On November 20, 2001, the United States filed a complaint for recovery of an erroneous refund and for injunctive relief in the United States District Court for the Eastern District of... 2002
  Brief of Appellant (5/1/2002) Briefs   Your APPELLANTS, CRYSTAL FOSTER AND ROBERT POSTER, by and through Counsel, present the following BRIEF in support of their strong objection to the ruling by THE HONORABLE RICHARD L.... 2002
  Brief of Appellants and Joint Appendix (8/27/2002) Briefs   Appellants IMARI A. OBADELE and KURATIBISHA X ALI RASHID (appellants) were claimants for redress payments under the Civil Liberties Act of 1988, (The Act) 50 App. U.S.C. § 1989b.... 2002
  Brief of Appellees the Turner Corporation and Kitchell Corporation (1/24/2002) Briefs   Pursuant to Rule 26.1 of the Federal Rules of Appellate Procedure, defendants and appellees The Turner Corporation (Turner) and Kitchell Corporation (Kitchell) state that defendant... 2002
  Brief of Defendant-appellee, the United States (11/15/2002) Briefs   Counsel for defendant-appellee is unaware of any other appeal in or from the proceeding below that previously was before this or any other appellate court under the same or similar title.... 2002
  Brief of Defendants - Appellees (6/28/2002) Briefs   Oral argument should be denied because (1) the facts and legal arguments are adequately presented in the briefs and record and (2) the decisional process would not be significantly aided by... 2002
  Brief of the Alliance of Automobile Manufacturers, American Chemistry Council, American Council of Life Insurers, American Insurance Association, American Petroleum Institute, Association of American Railroads, California Bankers Association, European-ame (5/6/2002) Briefs   FN1. Pursuant to Rule 37.3 of the Rules of this Court, the parties have consented to the filing of this brief. The parties' letters of consent have been lodged with the Clerk of the Court.... 2002
Shellie K. Park Broken Silence: Redressing the Mass Rape and Sexual Enslavement of Asian Women by the Japanese Government in an Appropriate Forum 3 Asian-Pacific Law and Policy Journal J. 2 (Winter 2002) Law Review Articles and Other Secondary Sources   A. Japanese Government Involvement B. Personal Stories of Life as a Former Sex Slave A. Invisible Promises: Japanese Civil Suits and the Failure to Compensate B. An Apology Denied C. False Hope: The Asian Women's Fund D. International Dismissal: An Alien Suit in the United States A. International Court of Justice B. International Criminal Court C.... 2002
Spencer Overton But Some Are More Equal: Race, Exclusion, and Campaign Finance 80 Texas Law Review 987 (April, 2002) Law Review Articles and Other Secondary Sources   Legal academics who call for campaign finance reform--let us call them Reformers--have overlooked the significance of race, and as a result their critiques of constitutional jurisprudence and reform proposals remain woefully incomplete. Studies reveal that people of color comprise approx-imately thirty percent of the nation's population, but... 2002
Stephen Whinston Can Lawyers and Judges Be Good Historians?: a Critical Examination of the Siemens Slave-labor Cases 20 Berkeley Journal of International Law 160 (2002) Law Review Articles and Other Secondary Sources   From my perspective as a participant, the litigation and ultimate resolution of the recent Holocaust-related lawsuits was a remarkable experience that produced truly extraordinary results. In response to cases against German companies and banks, a fund of DM 10 billion (or about $4.5 billion) was created to provide compensation for involuntary... 2002
David A. Brennen Charities and the Constitution: Evaluating the Role of Constitutional Principles in Determining the Scope of Tax Law's Public Policy Limitation for Charities 5 Florida Tax Review 779 (2002) Law Review Articles and Other Secondary Sources   L1-6,T6Prologue 781 I. L2-6,T6Introduction 785 II. L2-6,T6Tax Law's Public Policy Limitation 788 A. L3-6,T6The Origins of the Public Policy Limitation 789 B. L3-6,T6The Consequences of Violating the Public Policy Limitation 793 C. L3-6,T6Service Statements That the Constitution Dictates When a Public Policy Is Sufficiently Established 796 1.... 2002
Robert A. Sedler Claims for Reparations for Racism Undermine the Struggle for Equality 3 Journal of Law in Society 119 (Winter, 2002) Law Review Articles and Other Secondary Sources   My views on the question of reparations for racism are shaped by who I am and what I have done. I am a 66-year-old white law professor and for much of the 40 plus years since my graduation from law school I have been involved in issues of racial equality. I write and speak on the subject extensively and have litigated a considerable of number of... 2002
Ilya Somin Closing the Pandora's Box of Federalism: the Case for Judicial Restriction of Federal Subsidies to State Governments 90 Georgetown Law Journal 461 (January, 2002) Law Review Articles and Other Secondary Sources   Over the last decade, the Supreme Court's newfound willingness to enforce limits on congressional power has stimulated a resurgence of interest in federalism throughout the legal community. The Supreme Court's jurisprudence on the limits of congressional Commerce Clause authority and the states' Tenth Amendment-based rights against commandeering... 2002
Thomas Michael McDonnell Cluster Bombs over Kosovo: a Violation of International Law? 44 Arizona Law Review 31 (Spring 2002) Law Review Articles and Other Secondary Sources   The day after NATO jets had dropped cluster bombs near the village of Doganovic in Kosovo, several boys were looking after their livestock in a nearby field. The boys, including the five Kodza brothers, ages 3 to 15, apparently found a dud American-made cluster bomb and began to play with it. The soda-can size bomb with a small parachute attached... 2002
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