Author | Title | Citation | Document Type | Case Status | Summary | Year | Relevancy |
Amanda Bixler |
Private Enforcement of International Human Rights Laws: Could a Small Church Group Successfully Combat Slavery in the Sudan? |
3 Chicago Journal of International Law 511 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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State-to-state enforcement is the paradigmatic method of punishing a state's violations of public international law. However, in the face of international political complexities, private citizens must sometimes undertake the heavy task of ensuring international legal protection for themselves. The recent situation in Sudan is one such example.... |
2002 |
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Stephen A. Plass |
Public Opinion and the Demise of Affirmative Action |
19 Georgia State University Law Review 495 (Winter, 2002) |
Law Review Articles and Other Secondary Sources |
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It has become increasingly difficult to generalize about blacks as a racially oppressed group in America. This is not due to the fact that discrimination has ceased, or because the barriers to success have been removed, or because substantial equality has been achieved. Arguments that blacks are disadvantaged now compete with positive media images... |
2002 |
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Mary Jo Wiggins |
Race, Class, and Suburbia: the Modern Black Suburb as a 'Race-making Situation' |
35 University of Michigan Journal of Law Reform 749 (Summer 2002) |
Law Review Articles and Other Secondary Sources |
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In her Article, Professor Wiggins discusses the complex social phenomenon of Black suburbanization, focusing on the commercial disinvestment in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black... |
2002 |
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Kenneth B. Nunn |
Race, Crime and the Pool of Surplus Criminality: or Why the 'War on Drugs' Was a 'War on Blacks' |
6 Journal of Gender, Race and Justice 381 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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The War on Drugs has had a devastating effect on African American communities nationwide. Throughout the drug war, African Americans have been disproportionately investigated, detained, searched, arrested and charged with the use, possession and sale of illegal drugs. Vast numbers of African Americans have been jailed and imprisoned pursuant to the... |
2002 |
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Spencer Overton |
Racial Disparities and the Political Function of Property |
49 UCLA Law Review 1553 (June, 2002) |
Law Review Articles and Other Secondary Sources |
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Race theorists note that racial discrimination has shaped the existing distribution of economic resources, and use this observation to justify reparations, to defend affirmative action, and to call for other legal changes that would improve the socioeconomic status of people of color. This Article takes the theorists' observation further. Property... |
2002 |
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Albert W. Alschuler |
Racial Profiling and the Constitution |
2002 University of Chicago Legal Forum 163 (2002) |
Law Review Articles and Other Secondary Sources |
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Until September 11, 2001, almost everyone condemned racial profiling. President Bill Clinton called the practice morally indefensible and deeply corrosive. President George W. Bush pledged, (W)e will end it. A federal court observed, Racial profiling of any kind is anathema to our criminal justice system. 81 percent of the respondents to a... |
2002 |
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Recent Publications |
27 Yale Journal of International Law 453 (Summer 2002) |
Law Review Articles and Other Secondary Sources |
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Property tends towards amnesia. Our relationship to the things we own often seems natural, timeless, and unencumbered by legal rules. Most of us take for granted that if we buy a house we have the right to live in it, exclude others from it, and sell it when we choose. We tend to forget that our rights over assets are constructed on an invisible... |
2002 |
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Paul B. Stephan |
Redistributive Litigation--judicial Innovation, Private Expectations, and the Shadow of International Law |
88 Virginia Law Review 789 (6/1/2002) |
Law Review Articles and Other Secondary Sources |
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I. Redistributive Litigation: A Defense of the Concept. 796 A. Not All Litigation Is Redistributive. 796 B. Some Litigation Is Redistributive. 797 C. Not All Innovation Is Redistributive. 802 D. Categories of Redistributive Litigation. 802 1. Suits by the State. 803 2. Suits Against the State. 807 3. Creation of a Commons. 809 4. Suits to... |
2002 |
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Todd Jascott |
Reemergence of the Zschernig Doctrines and the Foreign Affairs Power as a Limit on a State's Power to Act: in re World War Ii Era Japanese Forced Labor |
10 Tulane Journal of International and Comparative Law 423 (Spring 2002) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 423 II. Background. 424 III. Noted Case. 436 IV. Analysis. 442 V. Conclusion. 444 |
2002 |
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Winston P. Nagan |
Reflections on Racism and World Order |
14 University of Florida Journal of Law and Public Policy Pol'y 1 (Fall, 2002) |
Law Review Articles and Other Secondary Sources |
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I. Introductory Remarks. 1 II. A Global Perspective. 4 III. A Florida Perspective. 4 IV. My Personal Perspective. 5 V. A United States Perspective. 6 VI. Conclusion. 8 |
2002 |
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H.E. Peter Moser |
Restitution Negotiations -- the Role of Diplomacy |
20 Berkeley Journal of International Law 197 (2002) |
Law Review Articles and Other Secondary Sources |
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Ladies and Gentlemen, This symposium, Fifty Years in the Making: World War II Reparation and Restitution Claims, is a welcome opportunity to examine and assess the topic from an academic distance and free from partisan approaches. To look into the issues of reparations and restitutions from a mere legal point of view could be misleading and obscure... |
2002 |
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Douglas G. Smith |
Robert Nagel's Bleak Vision and the "Implosion" of American Federalism |
12 Cornell Journal of Law & Public Policy 203 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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INTRODUCTION. 203 I. THE CONSENSUS REGARDING SOCIAL FRAGMENTATION AND THE FEDERALISM REVOLUTION . 205 II. THE FACT OF CENTRALIZATION. 207 A. The Court's Recent Decisions Regarding Structural Provisions. 207 B. The Court's Individual Rights Decisions. 210 1. Political and Cultural Forces. 213 2. Remnants of the Federal System. 216 III. DOES THE... |
2002 |
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Steven W. Bender , Keith Aoki |
Seekin' the Cause: Social Justice Movements and Latcrit Community |
81 Oregon Law Review 595 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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These are revolutionary times. All over the globe men are revolting against old systems of exploitation and oppression, and out of the wounds of a frail world, new systems of justice and equality are being born. The shirtless and barefoot people of the land are rising up as never before. The people who sat in darkness have seen a great light. We in... |
2002 |
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Service Issues Nationwide Alert for the 'Dirty Dozen' Tax Scams |
96 Journal of Taxation 255 (April, 2002) |
Law Review Articles and Other Secondary Sources |
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This column provides an informal exchange of ideas, questions, and comments arising in everyday tax practice. Readers are invited to write to the editor: Sheldon I. Banoff, Suite 1600, 525 West Monroe Street, Chicago, Illinois 60661-3693, Sheldon.Banoff@kmz.com. Government-issued nationwide alerts now extend to tax-cheating opportunities offered... |
2002 |
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Lisa Cardyn |
Sexualized Racism/gendered Violence: Outraging the Body Politic in the Reconstruction South |
100 Michigan Law Review 675 (February, 2002) |
Law Review Articles and Other Secondary Sources |
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Introduction. 676 I. The Reconstruction-Era Klans. 680 II. Terrorizing Politics. 690 III. Sexualized Violence: Themes and Variations. 699 A. Whipping. 704 B. Rape. 716 C. Genital Torture and Mutilation. 736 D. Lynching. 745 IV. Terror's Objects. 762 A. Sexual Transgressions. 763 B. Social Transgressions. 770 C. Political Transgressions. 774 V.... |
2002 |
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William N. Eskridge, Jr |
Some Effects of Identity-based Social Movements on Constitutional Law in the Twentieth Century |
100 Michigan Law Review 2062 (August, 2002) |
Law Review Articles and Other Secondary Sources |
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I. Constitutional Arguments and Strategies Deployed by Three Twentieth Century Identity-Based Social Movements. 2069 A. The Civil Rights Movement. 2072 1. The Politics of Protection, 1913-40. 2073 2. The Politics of Recognition and Some Remediation, 1940-72. 2082 3. The Politics of Remediation and the New Politics of Preservation, 1972-Present.... |
2002 |
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Joseph William Singer |
Starting Property |
46 Saint Louis University Law Journal 565 (Summer 2002) |
Law Review Articles and Other Secondary Sources |
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Indian occupation of land without government recognition of ownership creates no rights against taking or extinction by the United States protected by the Fifth Amendment or any other principle of law. Justice Stanley Reed Tee-Hit-Ton Indians v. United States (1955) The juxtaposition of the rule of first (or prior) possession, and the rule of... |
2002 |
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Nicholas P. Van Deven |
Taking One for the Team: Principle of Treaty Adherence as a Social Imperative for Preserving Globalization and International Legal Legitimacy as Upheld in in re World War Ii Era Japanese Forced Labor Litigation |
46 Saint Louis University Law Journal 1091 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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But among those in the political establishment who have followed the sparse Japanese media coverage of the suits, there is growing anxiety and barely concealed resentment. Some see greedy U.S. lawyers plotting to mug deep-pocket Japanese companies, which are vulnerable because they do business in the United States, over a reparations issue that... |
2002 |
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Sharon E. Rush |
The Anticanonical Lesson of Huckleberry Finn |
11 Cornell Journal of Law & Public Policy 577 (Summer 2002) |
Law Review Articles and Other Secondary Sources |
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INTRODUCTION. 577 I. THE LITERARY IMAGINATION. 583 A. Identify with Huck. 585 B. Identify with Jim. 588 C. Identify with No One. 593 II. BEYOND THE LIMITS OF WHITES' GOODWILL TOWARD BLACKS. 594 A. Care about All Students. 595 B. Learn to be Less Defensive. 598 C. Learn to Think Multiculturally. 599 CONCLUSION. 601 |
2002 |
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Roger P. Alford |
The Claims Resolution Tribunal and Holocaust Claims Against Swiss Banks |
20 Berkeley Journal of International Law 250 (2002) |
Law Review Articles and Other Secondary Sources |
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It is a privilege to be able to participate in the Stefan A. Riesenfeld symposium on Fifty Years in the Making: World War II Reparation and Restitution Claims. The participants gathered for this symposium at Boalt Hall provide a wonderful collection of voices from government, the bar and the academy on a host of difficult issues concerning... |
2002 |
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The Courts |
23 Judicial/Legislative Watch Report Rep. 8 (7/1/2002) |
Law Review Articles and Other Secondary Sources |
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The First Amendment: Analysts are looking at the child pornography decision in Ashcroft v. Free Speech Coalition, No. 00-795 (Apr. 16, 2002), to see if the court's 6 to 3 broad interpretation of the First Amendment could give any indication of its predisposition in the NRA/Mitch McConnell challenge to the McCain-Feingold campaign reform... |
2002 |
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Tom Lantos |
The Durban Debacle: an Insider's View of the Un World Conference Against Racism |
26-SPG Fletcher Forum of World Affairs 31 (Winter/Spring, 2002) |
Law Review Articles and Other Secondary Sources |
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The terrorist attacks in the United States on September 11 have awakened President Bush and his administration to the importance of an engaged multilateral foreign policy. After months of unilateralism, the Bush administration, in response to the great challenge of September 11, quickly and effectively shifted toward a multilateral approach,... |
2002 |
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Mary De Ming Fan |
The Fallacy of the Sovereign Prerogative to Set De Minimis Liability Rules for Sexual Slavery |
27 Yale Journal of International Law 395 (Summer 2002) |
Law Review Articles and Other Secondary Sources |
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I. Introduction. 395 II. State-Sponsored Commodified Sexual Slavery and its Aftermath: Doctrinal Reversion. 399 A. Commodified Sexual Slavery at the Point of a Sword. 399 B. Struggle for Justice Against a Political Tide. 402 C. Turn to U.S. Court: Hwang Geum Joo and its Holding on the Commercial Activity Waiver of Foreign Sovereign Immunity. 404 1.... |
2002 |
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Libby Adler , Peer Zumbansen |
The Forgetfulness of Noblesse: a Critique of the German Foundation Law Compensating Slave and Forced Laborers of the Third Reich |
39 Harvard Journal on Legislation Legis. 1 (Winter, 2002) |
Law Review Articles and Other Secondary Sources |
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This Article analyzes the Law on the Creation of the Foundation Remembrance, Responsibility and Future which the German Legislature passed on July 17, 2000. The law established a foundation designed to compensate individuals who were victims of the Nazi slave and forced labor program. Because of their roles in this atrocity, the German government... |
2002 |
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Paul Schiff Berman |
The Globalization of Jurisdiction |
151 University of Pennsylvania Law Review 311 (December, 2002) |
Law Review Articles and Other Secondary Sources |
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Supposing however that the Act [at issue] had said in terms, that though a person sued in the island [of Tobago] had never been present within the jurisdiction, yet that it should bind him upon proof of nailing up the summons at the Court door; how could that be obligatory upon the subjects of other countries? Can the island of Tobago pass a law to... |
2002 |
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Michael J. Bazyler |
The Holocaust Restitution Movement in Comparative Perspective |
20 Berkeley Journal of International Law 11 (2002) |
Law Review Articles and Other Secondary Sources |
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This article examines the use of civil litigation in the United States to deal with human rights abuses committed during World War II. The specific scenario examined is the Holocaust restitution movement in the United States, whose aim is to obtain financial restitution from European and American corporations for their nefarious wartime activities.... |
2002 |
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Duncan Kennedy |
The Limited Equity Coop as a Vehicle for Affordable Housing in a Race and Class Divided Society |
46 Howard Law Journal 85 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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The limited equity cooperative is a form of housing tenure in which shareholder residents manage their buildings, within limits imposed by a charter, and have the right to get back what they have paid for their shares plus an allowance for improvements, if and when they decide to leave. The limited equity cooperative (hereinafter LEC) is neither... |
2002 |
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David Leon, UMICLR, Articles and Comments Editor |
The Politics of Truth and Reconciliation in South Africa: Legitimizing the Post-apartheid State, Richard A. Wilson. Cambridge University Press. 2001. Softcover. 294pp. $23.00. |
10 University of Miami International and Comparative Law Review 264 (2001-2002) |
Law Review Articles and Other Secondary Sources |
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During the past twenty years, at least fifteen different post-authoritarian governments have used Truth Commissions as a tool to announce new democratic order and legitimize state institutions. Truth Commissions generally serve as quasi-judicial institutions, exposing and discrediting former regimes' atrocities with the aim of healing the national... |
2002 |
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Alexander Tsesis |
The Problem of Confederate Symbols: a Thirteenth Amendment Approach |
75 Temple Law Review 539 (Fall 2002) |
Law Review Articles and Other Secondary Sources |
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Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. -U.S. Const. amend. XIII We have been... |
2002 |
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Tobias Barrington Wolff |
The Thirteenth Amendment and Slavery in the Global Economy |
102 Columbia Law Review 973 (May, 2002) |
Law Review Articles and Other Secondary Sources |
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With increasing frequency, U.S. firms are carrying on their foreign operations through the exploitation of involuntary or slave labor. As a result, slavery has once again become an active component of some American industries. The Thirteenth Amendment to the Constitution proclaims that slavery shall not exist within the United States. But does the... |
2002 |
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Celina Romany, Katherine Culliton |
The Un World Conference Against Racism: a Race-ethnic and Gender Perspective |
9 Human Rights Brief 14 (Winter, 2002) |
Law Review Articles and Other Secondary Sources |
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Over 10,000 delegates attended the United Nations World Conference Against Racism, Xenophobia, and Related Forms of Intolerance (WCAR) in Durban, South Africa at an historic moment. Only seven years earlier, the mobilization of worldwide protest condemning racism as a crime against humanity through the UN system played a significant role in the... |
2002 |
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Anne Bayefsky |
The Un World Conference Against Racism: a Racist Anti-racism Conference |
96 American Society of International Law Proceedings 65 (3/16/2002) |
Law Review Articles and Other Secondary Sources |
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The World Conference Against Racism (Conference) became a forum for racism. Human rights was used as a weapon of political interests antithetical to human rights protection. Durban challenged nongovernmental human rights organizations, permitted to be more closely connected to a world conference than ever before, and states alike, to clarity of... |
2002 |
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Gay McDougall |
The World Conference Against Racism: Through a Wider Lens |
26-FALL Fletcher Forum of World Affairs 135 (Summer/Fall, 2002) |
Law Review Articles and Other Secondary Sources |
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The United Nations World Conference against Racism held in Durban, South Africa last September focused on one of the most persistent and threatening problems confronting the world. It did not just retread old ground. For the first time it addressed, in a United Nations governmental forum, the deep historical roots of this problem, confronting... |
2002 |
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Jerry V. Leaphart |
The World Conference Against Racism: What Was Really Achieved |
26-FALL Fletcher Forum of World Affairs 153 (Summer/Fall, 2002) |
Law Review Articles and Other Secondary Sources |
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I attended the United Nations' World Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance (WCAR), in Durban, South Africa, from August 31 to September 8, 2001. While there, I had the opportunity to engage in a debate with Congressman Tom Lantos and another American delegate to WCAR broadcast on BBC radio. The... |
2002 |
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G. Robert Blakey , Brian J. Murray |
Threats, Free Speech, and the Jurisprudence of the Federal Criminal Law |
2002 Brigham Young University Law Review 829 (2002) |
Law Review Articles and Other Secondary Sources |
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[A] true threat is not protected by the First Amendment. To the extent that the [lower] court's judgment rests on the ground that . . . citizens were intimidated by threats' of social ostracism, vilification, and traduction, it is flatly inconsistent with the First Amendment. If political discourse is to rally public opinion and challenge... |
2002 |
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Ruth B. Philips |
Too Close to Home? International Criminal Law, War Crimes and Family Violence |
24 Thomas Jefferson Law Review 229 (Spring 2002) |
Law Review Articles and Other Secondary Sources |
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This paper uses the lens of international criminal law and the International Criminal Court Statute to explore the domestication of military sexual violence, or what has been described as re-surfacing or unburying the relationships between multiple forms of sexual violence. These relationships include the relationship between the group harm... |
2002 |
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John C. P. Goldberg |
Unloved: Tort in the Modern Legal Academy |
55 Vanderbilt Law Review 1501 (October, 2002) |
Law Review Articles and Other Secondary Sources |
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In The Idea of Private Law, Ernest Weinrib makes an arresting claim. He says that private law--by which he means primarily the law of contract, restitution, and especially tort--is just like love. Even members of a discipline devoted to analogies may be forgiven for not immediately perceiving the point of this one, particularly if we focus on the... |
2002 |
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Washington Alert |
5/9/2002 Vol.48 14 (5/9/2002) |
Law Review Articles and Other Secondary Sources |
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2002 |
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What's Inside |
7 Andrews' Bank & Lender Liability Litigation Reporter Rep. 1 (4/4/2002) |
Law Review Articles and Other Secondary Sources |
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The Court of Federal Claims has ruled that the owners of several banks adversely affected by tax benefit legislation are entitled to a partial restitution remedy as a result of the government's breach of their assistance agreement. The plaintiffs sought to disgorge from the United States sums retained from reimbursements paid to the banks for... |
2002 |
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James Boyd White |
What's Wrong with Our Talk about Race? On History, Particularity, and Affirmative Action |
100 Michigan Law Review 1927 (June, 2002) |
Law Review Articles and Other Secondary Sources |
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One of the striking and original achievements of the Michigan Law Review in its first century was the publication in 1989 of a Symposium entitled Legal Storytelling. Organized by the remarkable editor-in-chief, Kevin Kennedy--who tragically died not long after his graduation--the Symposium not only brought an important topic to the forefront of... |
2002 |
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Eric Rakowski |
Who Should Pay for Bad Genes? |
90 California Law Review 1345 (October, 2002) |
Law Review Articles and Other Secondary Sources |
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Parents have long been able to influence the genetic composition of their children through their choice of a reproductive partner, if only very approximately. They are, however, increasingly able to determine the genetic make-up of their children in other, more precise ways, such as by selecting a particular gamete or embryo or by genetically... |
2002 |
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Curtis A. Bradley |
World War Ii Compensation and Foreign Relations Federalism |
20 Berkeley Journal of International Law 282 (2002) |
Law Review Articles and Other Secondary Sources |
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In the past several years, numerous suits have been filed in U.S. courts seeking compensation for personal injury or loss of property relating to events associated with World War II. These suits have been brought against sovereign defendants, such as Germany and Japan, as well as private companies, such as companies that allegedly used slave labor... |
2002 |
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Complaint |
(10/18/2002) |
Trial Court Documents |
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1. I am a 28 year old Asiatic Black Hispanic, Contemporary Muslium registered Believer of the Lost-found Nation of Islam, under the direction of, The Honorable Silis Muhammad, Spirtual Son... |
2002 |
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Complaint and Jury Trial Demand |
(3/26/2002) |
Trial Court Documents |
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Plaintiffs, on behalf of themselves and all other persons similarly situated, state, upon information and belief, as follows: 1. Over 8,000,000 Africans and their descendants were enslaved... |
2002 |
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Complaint and Jury Trial Demand |
(8/29/2002) |
Trial Court Documents |
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Plaintiff, on Behalf of Herself and her Enslaved ancestors, and all Other Persons Similarty Situated, Stares, upon Information and Belief, as Follows: to the Negro Burial Ground, which lay... |
2002 |
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Complaint for Permanent Injunction and Other Relief |
(10/3/2002) |
Trial Court Documents |
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Plaintiff, United States of America, for its complaint against Eddie Lee Mims and Erma Jentinico Mims states as follows: 1. Jurisdiction is conferred on this Court by 28 U.S.C. ยงยง 1340 and... |
2002 |
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Declaration of Samuel J. Dubbin in Support of Verified Motion for Attorneys Fees and Expenses |
(3/15/2002) |
Trial Court Documents |
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FN1. A portion of the early time (1997 - 1999) expended by Counsel that contributed to the results achieved in this case, 480 hours (210 for the Insurance Objections, and 270 for the... |
2002 |
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Memorandum in Support of Complaint for Temporary Restraining Order and Preliminary Injunction |
(5/31/2002) |
Trial Court Documents |
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COMES NOW the United States Postal Service, by and through the United States Attorney for the Middle District of Georgia, and in support of this application for temporary restraining order... |
2002 |
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Memorandum of Law in Support of Defendants' Motion to Exclude Plaintiffs' Expert Witness, Professor Joe R. Feagin Or, Alternatively, to Exclude Proposed Testimony of Professor Feagin |
(12/20/2002) |
Trial Court Documents |
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FN1. See NAACP, et al. v. State of Florida Department of Corrections. U.S. District Court, Middle District of Florida (Ocala Division), Case No. 5:00-CV-100-Oc-10GRJ (Florida Department of... |
2002 |
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Memorandum of Law in Support of Defendants' Motion to Exclude Plaintiffs' Expert Witness, Professor Joe R. Feagin Or, Alternatively, to Exclude Proposed Testimony of Professor Feagin |
(12/20/2002) |
Trial Court Documents |
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FN1. See NAACP. et al. v. State of Florida Department of Corrections, U.S. District Court, Middle District of Florida (Ocala Division), Case No. 5:00-CV-100-Oc-10GRJ (Florida Department of... |
2002 |
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