| Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
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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 |
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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 |
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| 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 |
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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 |
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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 |
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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 |
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| 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 |
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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 |
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| 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 |
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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 |
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Barriers at the Bar |
38-AUG Trial 38 (August, 2002) |
Law Review Articles and Other Secondary Sources |
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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 |
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| 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 |
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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 |
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| 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 |
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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 |
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| 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 |
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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 |
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| 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 |
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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 |
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| 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 |
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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 |
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| 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 |
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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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| Marion Crain |
Colorblind Unionism |
49 UCLA Law Review 1313 (June, 2002) |
Law Review Articles and Other Secondary Sources |
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Labor unions have historically been one of the most significant political forces urging progressive wealth redistribution. The AFL-CIO has conceived of income inequality in colorblind terms, as a social injustice around which racially and ethnically diverse workers can be organized. Professor Crain argues that the AFL-CIO's unionism has been... |
2002 |
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| Prof. Michael K. Jordan |
Colored People and Affirmative Action: the Colored Man Standing by the Punch Bowl |
5 New York City Law Review 175 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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Imagine attending a social gathering where there are a number of people who have never met. You are standing with a group of friends, one of whom is attempting to describe an individual standing across the room. Finally, your friend identifies the individual by saying the person he is talking about is the colored man standing by the punch bowl.... |
2002 |
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| Byoungwook Park |
Comfort Women During Wwii: Are U.s. Courts a Final Resort for Justice? |
17 American University International Law Review 403 (2002) |
Law Review Articles and Other Secondary Sources |
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INTRODUCTION. 404 I. BACKGROUND. 408 A. Comfort Women Litigation in Japan. 408 B. The Comfort Women's Claims in International Tribunals. 410 II. FEDERAL STATUTES RELEVANT TO THE CLASS ACTION LAWSUIT. 413 A. The ATCA: Modern Statutory Scheme. 413 B. The Foreign Sovereign Immunities Act. 418 III. JOO v. JAPAN. 422 A. Issues Relevant to the Lawsuit.... |
2002 |
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| Anita Ramasastry |
Corporate Complicity: from Nuremberg to Rangoon an Examination of Forced Labor Cases and Their Impact on the Liability of Multinational Corporations |
20 Berkeley Journal of International Law 91 (2002) |
Law Review Articles and Other Secondary Sources |
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Corporations have neither bodies to be punished, nor souls to be condemned. They therefore do as they like. -- Edward, 1st Baron Thurlow, English Jurist and Lord Chancellor (1731-1806) Can multinational corporations (MNCs) violate the law of nations? If so, how should nation-states deal with them when they are perpetrators? In recent years, there... |
2002 |
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| Bernie D. Jones |
Critical Race Theory: New Strategies for Civil Rights in the New Millennium? |
18 Harvard BlackLetter Law Journal L.J. 1 (Spring, 2002) |
Law Review Articles and Other Secondary Sources |
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The development of critical race theory points to a new direction taken by civil rights activists in the wake of civil rights setbacks in the 1970s and 1980s when official government policy no longer supported an expansive civil rights agenda. The United States Supreme Court began limiting and eviscerating precedents that once promised full... |
2002 |
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| Angela M. Higgins |
Else We Are Condemned to Go from Darkness to Darkness : Victims of Gender-based War Crimes and the Need for Civil Redress in U.s. Courts |
70 UMKC Law Review 677 (Spring, 2002) |
Law Review Articles and Other Secondary Sources |
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In the weeks following the September 11, 2001, terrorist attack upon the United States, another unspeakable tragedy went largely un-remarked. On October 4, 2001, the U.S. District Court for the District of Columbia dismissed a lawsuit by former comfort women forced into prostitution by Japan during World War II. In all likelihood this decision... |
2002 |
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| Ward Farnsworth |
First Things First |
6 Green Bag 29 (Autumn 2002) |
Law Review Articles and Other Secondary Sources |
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The debate over reparations to descendants of slaves has, like most matters of public interest, turned into a lawsuit. The case raises large questions involving the law of torts, equitable remedies, and doctrines governing timeliness; but might it also raise homelier yet urgent questions about federal jurisdiction? Professor Ward Farnsworth thinks... |
2002 |
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| Harold A. Mcdougall |
For Critical Race Practitioners: Race, Racism and American Law (4th Ed.) By Derrick A. Bell, Jr. |
46 Howard Law Journal L.J. 1 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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Blacks need to acknowledge the permanence of their subordinate status [permitting them to avoid] unrealistic strategies [and adopt more promising ones] that can bring personal fulfillment and, on occasion, even triumph.-- Derrick Bell Reflecting on what I read in Chapters One and Two [of Race, Racism and American Law] stirs an intense dislike for... |
2002 |
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| Clay Calvert , Robert D. Richards |
Free Speech and the Right to Offend: Old Wars, New Battles, Different Media |
18 Georgia State University Law Review 671 (Spring, 2002) |
Law Review Articles and Other Secondary Sources |
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The United States Supreme Court wryly but sagaciously remarked thirty years ago that it is often true that one man's vulgarity is another's lyric. The gender bias of that aphorism aside, the quotation rings true now more than ever. First Amendment battles over where to draw the line between freedom of expression and freedom from offense-be it... |
2002 |
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| Christopher P. Meade |
From Shanghai to Globocourt: an Analysis of the "Comfort Women's" Defeat in Hwang v. Japan |
35 Vanderbilt Journal of Transnational Law 211 (January, 2002) |
Law Review Articles and Other Secondary Sources |
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This Note introduces Kim Soon-duk, a former comfort woman whose story is sadly typical of the estimated 200,000 young women sexually enslaved by Japan during World War II. Kidnapped by Japan, Kim was shipped to China where she was brutally raped by as many as forty Japanese soldiers a day for three years. Kim kept her story a secret until the... |
2002 |
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| Michael Selmi |
Getting Beyond Affirmative Action: Thinking about Racial Inequality in the Twenty-first Century |
55 Stanford Law Review 1013 (December, 2002) |
Law Review Articles and Other Secondary Sources |
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The Miner's Canary: Enlisting Race, Resisting Power, Transforming Democracy. By Lani Guinier & Gerald Torres. Harvard University Press 2002. 302 pp. The Anatomy of Racial Inequality. By Glenn C. Loury. Harvard University Press 2001. 169 pp. Introduction. 1013 I. Glenn Loury on Stereotpying and Stigma. 1016 II. Guinier and Torres: Political Race and... |
2002 |
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| Jordan J. Paust |
Human Rights Responsibilities of Private Corporations |
35 Vanderbilt Journal of Transnational Law 801 (May, 2002) |
Law Review Articles and Other Secondary Sources |
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This Article discusses the human rights responsibilities of private corporations. Part I addresses how decisions and activities of multinational corporations impact human rights. Part II examines corporate liability under human rights laws by examining trends in judicial decisions in the United States and foreign states and human rights... |
2002 |
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| Jacques Delisle |
Human Rights, Civil Wrongs and Foreign Relations: a "Sinical" Look at the Use of U.s. Litigation to Address Human Rights Abuses Abroad |
52 DePaul Law Review 473 (Winter 2002) |
Law Review Articles and Other Secondary Sources |
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On August 28, 2000, five nationals of the People's Republic of China (PRC or China) filed suit in federal court in New York. The defendant was China's former premier Li Peng. The plaintiffs claimed Li was liable under the Alien Tort Claims Act (ATCA) and the Torture Victims Protection Act (TVPA) for human rights abuses committed in connection with... |
2002 |
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| Sharon E. Rush |
Identity Matters |
54 Rutgers Law Review 909 (Summer 2002) |
Law Review Articles and Other Secondary Sources |
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As I read this cluster of papers on race, gender and sexuality, I am reminded of the caterpillar in Alice in Wonderland. When Alice comes upon him as he rests on a mushroom, he blows smoke from his hookah that, in the movie version, spells out the question he simultaneously asks her, W h o a r e y o u? The smokey, blurry letters float in the air... |
2002 |
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In Brief |
1/31/2002 Vol.48 21 (1/31/2002) |
Law Review Articles and Other Secondary Sources |
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2002 |
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In Brief |
2/7/2002 Vol.48 14 (2/7/2002) |
Law Review Articles and Other Secondary Sources |
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2002 |
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In Brief |
11/27/2002 Vol.48 19 (11/27/2002) |
Law Review Articles and Other Secondary Sources |
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2002 |
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In Brief |
12/26/2002 Vol.49 16 (12/26/2002) |
Law Review Articles and Other Secondary Sources |
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2002 |
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| Elizabeth S. Anderson |
Integration, Affirmative Action, and Strict Scrutiny |
77 New York University Law Review 1195 (November, 2002) |
Law Review Articles and Other Secondary Sources |
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This Article defends racial integration as a central goal of race-based affirmative action. Racial integration of mainstream institutions is necessary both to dismantle the current barriers to opportunity suffered by disadvantaged racial groups, and to create a democratic civil society. Integration, conceived as a forward-looking remedy for de... |
2002 |
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| Mark E. Wojcik, Cris Revaz, Benjamin L. Apt |
International Human Rights |
36 International Lawyer 683 (Summer, 2002) |
Law Review Articles and Other Secondary Sources |
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The field of international human rights law continues to present tremendous challenges and victories in the substantive development of human rights norms, punishment of those who violate them, and providing redress, where possible, for victims of human rights abuses. The year 2001 saw major developments in enforcing human rights law, most... |
2002 |
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| Nancy Levit |
Introduction: Theorizing the Connections among Systems of Subordination |
71 UMKC Law Review 227 (Winter 2002) |
Law Review Articles and Other Secondary Sources |
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Identity theory is a relative newcomer to jurisprudence. In part as a theoretical legacy of the civil rights movement--and in part as a reaction to its retrenchment --early critical legal theorists focused on facets of personal identity, such as race, gender, sexual orientation, and class. The first anti-subordination writings simply tried to... |
2002 |
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Irs Revamps Audit Strategy to Concentrate on "High-risk" Areas, Creates New Program to Monitor Compliance |
9/19/2002 Vol.48 ART. 2 (9/19/2002) |
Law Review Articles and Other Secondary Sources |
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2002 |
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| Paul Finkelman |
Jews, Slaves, and the Slave Trade: Setting the Record Straight. By Eli Faber. New York: New York University Press 1998. Pp. Xvii, 366. $27.95. Isbn: 0-814-72638-0. Paper. $20.00. Isbn: 0-814-72639-9. |
17 Journal of Law and Religion 125 (2002) |
Law Review Articles and Other Secondary Sources |
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In 1991 The Secret Relationship Between Blacks and Jews (Nation of Islam 1991), written by the Historical Research Department of the Nation of Islam, charged that Jews were mainly responsible for the African slave trade. All serious scholars consider this charge to be ludicrous. Harvard's Henry Louis Gates, Jr. has condemned the book as the bible... |
2002 |
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Jpml Hears Arguments on Transfer Motions |
9 Andrews Class Action Litigation Reporter 31 (9/1/2002) |
Law Review Articles and Other Secondary Sources |
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The Judicial Panel on Multidistrict Litigation will hear oral arguments on Sept. 26 in Portland, Ore, on motions to transfer and consolidate the following cases: In re Merrill Lynch & Co. Inc. Research Reports Securities Litigation, MDL No. 1484. Defendants Merrill Lynch & Co. and Merrill Lynch, Pierce, Fenner & Smith Inc. seek transfer and... |
2002 |
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| Philip P. Frickey , Steven S. Smith |
Judicial Review, the Congressional Process, and the Federalism Cases: an Interdisciplinary Critique |
111 Yale Law Journal 1707 (May, 2002) |
Law Review Articles and Other Secondary Sources |
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Following the lead of Alexander Bickel's The Least Dangerous Branch: The Supreme Court at the Bar of Politics, legal scholars have been obsessed with the countermajoritarian aspects of judicial review. Much of the literature is normative--how can the dilemma of judicial review in a democracy be reconciled theoretically? In this vast, important, and... |
2002 |
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| John Warren Kindt , John K. Palchak |
Legalized Gambling's Destabilization of U.s. Financial Institutions and the Banking Industry: Issues in Bankruptcy, Credit, and Social Norm Production |
19 Bankruptcy Developments Journal 21 (2002) |
Law Review Articles and Other Secondary Sources |
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Introduction. 22 I. Delimitation of Problems. 24 A. Legalized Gambling as a Cause of New Gambling Addictions, Bankruptcies, and Crime in the United States. 24 1. The Social Costs of Gambling: Pathological (Addicted) Gamblers. 26 2. The Social Costs of Gambling: Bankruptcies. 28 3. The Social Costs of Gambling: Crime. 36 B. The Intersection of... |
2002 |
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| Jonathan R. Cohen |
Legislating Apology: the Pros and Cons |
70 University of Cincinnati Law Review 819 (Spring, 2002) |
Law Review Articles and Other Secondary Sources |
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Should apologies be admissible into evidence as proof of fault in civil cases? While this question is a simple one, its potential ramifications are great, and legislative and scholarly interest in the admissibility of apologies has exploded. Shortly after the idea of excluding apologies from admissibility into evidence was raised in academic... |
2002 |
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| Peggy Maisel |
Lessons from the World Conference Against Racism: South Africa as a Case Study |
81 Oregon Law Review 739 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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It is difficult to get people to remember, let alone focus on the accomplishments and ongoing challenges that emerged during the United Nations sponsored World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance (the WCAR) held just over a year ago in Durban, South Africa. The reason is simple: that conference... |
2002 |
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| Detlev Vagts , Peter Murray |
Litigating the Nazi Labor Claims: the Path Not Taken |
43 Harvard International Law Journal 503 (Summer, 2002) |
Law Review Articles and Other Secondary Sources |
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A fascinating body of case law was nipped in the bud when dozens of World War II forced and slave labor cases brought in American courts against German industrial concerns were settled. An agreement in July 2000 involving the American and German governments, other governments, German industry, and representatives of the plaintiffs created a fund of... |
2002 |
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| Alfred L. Brophy |
Losing the Race: Self-sabotage in Black America. By John H. Mcwhorter. New York: the Free Press, 2000. Pp. Xv, 285. $24.00. |
80 Texas Law Review 911 (March, 2002) |
Law Review Articles and Other Secondary Sources |
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Professor John H. McWhorter inhabits a strange world. Professor McWhorter, one of the leading linguistics scholars in this country, first came to national prominence in the Ebonics debate of the late 1990s. He argued the controversial--but understandable --position that Oakland schools should make no accommodation for children who came from homes... |
2002 |
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| Tanya Katerí Hernández |
Multiracial Matrix: the Role of Race Ideology in the Enforcement of Antidiscrimination Laws, a United States-latin America Comparison |
87 Cornell Law Review 1093 (July, 2002) |
Law Review Articles and Other Secondary Sources |
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This Article examines the role of race ideology in the enforcement of antidiscrimination laws. Professor Hernández demonstrates the ways in which the U.S. race ideology is slowly starting to resemble the race ideology of much of Latin America. The evolving U.S. race ideology is a multiracial matrix made up of four precepts: (1) racial mixture and... |
2002 |
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| Bill Ong Hing |
Nonelectoral Activism in Asian Pacific American Communities and the Implications for Community Lawyering |
8 Asian Pacific American Law Journal 246 (Spring 2002) |
Law Review Articles and Other Secondary Sources |
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From the time that Asian Pacific immigrants were recruited to the sugar plantation fields of Hawaii and the Transcontinental Railroad in the mid-1800s, Asian Pacific Americans--immigrants and U.S.-born--have engaged in nonelectoral activism to resist oppression and seek justice. Pilipino-led farmworker activism in California, Japanese immigrant... |
2002 |
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| Roger P. Alford |
On War as Hell |
3 Chicago Journal of International Law 207 (Spring 2002) |
Law Review Articles and Other Secondary Sources |
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If war is hell, then how do you make amends for the suffering of hell? Herein lies the conundrum of war reparations. International law can deal with revolutions, catastrophes, and lesser evils we euphemistically call acts of God. But when the fury of hell is unleashed on earth, international law quakes. The great irony of war is that the more... |
2002 |
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| Wendy B. Davis |
Out of the Black Hole: Reclaiming the Crown of King Coal |
51 American University Law Review 905 (June, 2002) |
Law Review Articles and Other Secondary Sources |
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Introduction. 906 I. History. 908 A. Severance of Mineral Rights. 909 B. Nominal Amounts Paid for Mineral Rights. 912 C. Mining Begins.. 914 D. Futility of Lawsuit against Coal Operators. 916 II. Extent of Mining Rights. 917 III. Right to Strip Mine. 922 IV. Subsistence. 928 A. Kentucky.. 931 B. Tennessee. 933 C. Virginia. 933 D. West Virginia. 936... |
2002 |
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| Tanya Katerí Hernández |
Pioneering the Lens of Comparative Race Relations in Law: A. Leon Higginbotham, Jr. as a Model of Scholarly Activism |
20 Yale Law and Policy Review 331 (2002) |
Law Review Articles and Other Secondary Sources |
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Judge A. Leon Higginbotham, Jr.'s scholarly legacy is one that continues to provide guidance for civil rights activism in the American legal process today. While the Judge's work as a legal scholar is justifiably lauded for its significant contribution to the development of a legal history of slavery and its consequences in the United States, his... |
2002 |
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| Elena Vournas |
Prefecture of Voiotia v. Federal Republic of Germany: Sovereign Immunity and the Exception for Jus Cogens Violations |
21 New York Law School Journal of International and Comparative Law 629 (2002) |
Law Review Articles and Other Secondary Sources |
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Since the end of World War II, the Federal Republic of Germany has paid approximately $60 billion in reparations to the victims of Nazi persecution. Despite this staggering amount, there are victims of the Hitler war machine who have yet to be compensated. With the recent agreement to establish a $5.1 billion fund to compensate survivors of slave... |
2002 |
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| Gabriël A. Moens |
Preferential Admission Programs in Professional Schools: Defunis, Bakke, and Grutter |
48 Loyola Law Review 411 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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On May 14, 2002 the United States Court of Appeals for the Sixth Circuit rendered an important decision concerning the constitutionality of the University of Michigan Law School's consideration of race and ethnicity in its admissions decisions. The court ruled in Grutter v. Bollinger that the School's admissions program, which aimed at the... |
2002 |
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| Burt Neuborne |
Preliminary Reflections on Aspects of Holocaust-era Litigation in American Courts |
80 Washington University Law Quarterly 795 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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Aided by diplomatic initiatives by Germany and the United States, and by the vigorous support of many political figures and community organizations, Holocaust-related litigation in American courts against Swiss, German, Austrian, and French corporations over the past six years has resulted in the assemblage of a vast pool of assets valued in excess... |
2002 |
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