AuthorTitleCitationDocument TypeStatusSummaryYear
  Rigsby v. City of Chicago Slip Copy, Docket Number: CIV-21-666-R [United States District Court, W.D. Oklahoma] (9/21/2021) Cases As of January 2, 2022, The case has been appealed to the U.S. Court of Appeals or the U.S. Supreme Court (excluding appeals originating from agencies). Plaintiff filed this action seeking relief for the alleged violation of his constitutional rights. Pursuant to 28 U.S.C. § 636(b)(1)(B) and (C) the matter was referred to United States Magistrate Judge Gary M. Purcell for preliminary review. On July 23, 2021, Judge Purcell issued a Report and Recommendation wherein he recommended that the... 2021
  Rigsby v. City of Chicago Slip Copy, Docket Number: CIV-21-666-G [United States District Court, W.D. Oklahoma] (7/23/2021) Cases   Plaintiff, a pre-trial detainee appearing pro se and in forma pauperis, brings this action pursuant to 42 U.S.C. § 1983. The matter has been referred to the undersigned Magistrate Judge for initial proceedings consistent with 28 U.S.C. § 636(b)(1)(B). Having reviewed the sufficiency of the Complaint pursuant to 28 U.S.C. §§... 2021
Jonathan Andrew Perez RIOTING BY A DIFFERENT NAME: THE VOICE OF THE UNHEARD IN THE AGE OF GEORGE FLOYD, AND THE HISTORY OF THE LAWS, POLICIES, AND LEGISLATION OF SYSTEMIC RACISM 24 J. Gender Race & Just. 87 (Spring, 2021) [Journal of Gender, Race and Justice] Law Review Articles and Other Secondary Sources   I. Introduction. 88 II. Looting Economic Equity from Black America. 96 A. The Statistics of Black Overrepresentation in the Criminal Justice System. 96 B. How Overrepresentation in the Criminal Justice System Affects Black Communities. 97 C. COVID-19 Amplifies The Looting of Black America. 101 III. The Anxiety of a Counterfeit America: Protests and... 2021
Preston C. Green III , Bruce D. Baker , Joseph O. Oluwole SCHOOL FINANCE, RACE, AND REPARATIONS 27 Wash. & Lee J. Civil Rts. & Soc. Just. 483 (Spring, 2021) [Washington and Lee Journal of Civil Rights and Social Justice] Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction. 484 II. Part I: Separate-But-Equal Era. 486 III. Part II: Black-White School Funding Disparities in the Aftermath of Brown. 490 A. Property Taxes. 491 B. Insufficient General State Aid. 494 C. Stealth Inequalities. 495 IV. Part III: School Desegregation Litigation. 496 A. Hobson v. Hansen. 497 B. Milliken v.... 2021
Thomas Fisher SEEKING INTERNATIONAL RELIEF FOR UYGHURS IN CHINA 20 Wash. U. Global Stud. L. Rev. 253 (2021) [Washington University Global Studies Law Review] Law Review Articles and Other Secondary Sources   Uyghur Muslims in China have been the target of Chinese persecution, most recently ramping up in 2017. The Uyghurs are a Turkish minority ethnic group originating in central and east Asia; approximately 11 million Uyghurs live in Western China's Xinjiang region, the majority of which are Muslims. Reports on the internment of Uyghurs in Chinese... 2021
Olympia Duhart SOCIAL DISTANCING AS A PRIVILEGE: ASSESSING THE IMPACT OF STRUCTURAL DISPARITIES ON THE COVID-19 CRISIS IN THE BLACK COMMUNITY 37 Ga. St. U. L. Rev. 1305 (Summer, 2021) [Georgia State University Law Review] Law Review Articles and Other Secondary Sources   There is a harsh reality for people living with the COVID-19 restrictions in the same city. Though the virus has been called an equal opportunity threat, the truth is that it has had a deadly, disproportionate impact on Black and Brown people. The COVID-19 pandemic has crushed communities of color. Among Black Americans, who make up around 13% of... 2021
  Spotlight 27 No. 11 Quinlan, Special Education Law Bulletin NL 1 (11/1/2021) [Special Education Law Bulletin] Law Review Articles and Other Secondary Sources   By Amy Clark With the 2021-2022 school year underway, schools around the nation are beginning to dig out of hole created by school closures and try to survey the damage. One of the first things schools are doing is testing students so that they can analyze the data and see how far students fell behind. As educators begin to look at this data, one... 2021
Dianne Post STATE OF EMERGENCY: HOW WE WIN THE COUNTRY WE BUILT BY TAMIKA D. MALLORY AS TOLD TO ASHLEY A. COLEMAN (NEW YORK, NY: ATRIA/BLACK PRIVILEGE PUBLISHING, 2021). 227 PGS. $19.96 ORDER 94-AUG Wis. Law. 62 (July/August, 2021) [Wisconsin Lawyer] Law Review Articles and Other Secondary Sources   This combination of personal memoir and political manifesto is divided into three parts: how we got here, where we are, and where we are going. Readers' relationship to the book might coincide with their experience in, knowledge of, and involvement with the Black struggle. It is useful to understand some history, reality, and feelings of Blacks. It... 2021
Florence Wagman Roisman STRUCTURAL RACISM IN HOUSING IN INDIANAPOLIS 18 Ind. Health L. Rev. 355 (2021) [Indiana Health Law Review] Law Review Articles and Other Secondary Sources   [N]ow arise political extremism, white supremacy, domestic terrorism that we must confront and we will defeat .. We face an attack on our democracy and on truth. A raging virus, growing inequity, the sting of systemic racism, a climate in crisis. Structural racism is a newly popular term but a long-standing problem. It has been defined as the... 2021
Briana P. Adams-Seaton SUGAR IS QUEEN: ANALYZING ANTIGUAN DESCENDANTS' CASE FOR REPARATIONS TO HARVARD UNIVERSITY 64 How. L.J. 409 (Winter, 2021) [Howard Law Journal] Law Review Articles and Other Secondary Sources   Introduction. 411 I. Historical Background of Reparations in the United States and the Caribbean. 414 A. The Fight for Reparations in the United States. 415 B. The Fight for Reparations in the Caribbean. 418 II. Unjust Enrichment: The Crux of Antigua's Reparations Claim. 419 A. Antiguan Slaves Conferred a Benefit upon Harvard University. 420 B.... 2021
Caleb Harrison, calebharrison@icloud.com SUPERSESSION, REPARATIONS, AND RESTITUTION 19 J. Ethics & Soc. Phil. 148 (February, 2021) [Journal of Ethics & Social Philosophy] Law Review Articles and Other Secondary Sources   In superseding historic injustice, and in subsequent articles, Jeremy Waldron proposes and defends what he calls the Supersession Thesis. According to the Supersession Thesis, circumstances might be such that the demands of justice in the present can in some sense override the demands of justice arising from cases of historical injustice. Waldron... 2021
  SYMPOSIUM TRANSCRIPT 33 St. Thomas L. Rev. 107 (Spring, 2021) [Saint Thomas Law Review] Law Review Articles and Other Secondary Sources   The symposium was moderated by Professor andré douglas pond cummings of University of Arkansas at Little Rock William H. Bowen School of Law. Daniel Gabuardi: Good morning everyone, and welcome to the St. Thomas Law Review Symposium on Race and Policing in America. My name is Daniel Gabuardi, I am the Law Review Article Solicitation Editor and Host... 2021
  THE AGREEMENT AND THE GIRMITIYA 134 Harv. L. Rev. 1826 (March, 2021) [Harvard Law Review] Law Review Articles and Other Secondary Sources   What I want to say in this letter, wrote the exasperated Viceroy of India in a telegram to the London-based Secretary of State for India, is that the time for palliatives is past, . and that, if public opinion--and this won't remain a purely Indian question--is to be satisfied, recruiting must stop. Weeks later, on March 10, 1917, the British... 2021
Jonathan M. Smith THE CIVIL RIGHTS CHALLENGE FACING THE BIDEN ADMINISTRATION 46 Hum. Rts. 6 (2021) [Human Rights] Law Review Articles and Other Secondary Sources   As the Biden administration takes office, the nation is gripped in a crisis about race exacerbated by the words and deeds of Donald Trump. An increasingly bold and violent white supremacy movement is on the rise. In October 2020, the Department of Homeland Security described white supremacy organizations as the most persistent and lethal threat in... 2021
Yong-Shik Lee , Natsu Taylor Saito , Jonathan Todres THE FALLACY OF CONTRACT IN SEXUAL SLAVERY: A RESPONSE TO RAMSEYER'S "CONTRACTING FOR SEX IN THE PACIFIC WAR" 42 Mich. J. Int'l L. 291 (Winter, 2021) [Michigan Journal of International Law] Law Review Articles and Other Secondary Sources   Over seven decades have passed since the Second World War but, despite the passage of time, the trauma from the most destructive war in history remains and controversies over the extent and even the existence of some of the cruelest war crimes, such as sexual slavery enforced by Japan, continue with attempts to rewrite history and to exonerate... 2021
Christopher J. Tyson THE IMPACT OF MUNICIPAL FISCAL CRISIS ON EQUITABLE DEVELOPMENT 48 Fordham Urb. L.J. 883 (April, 2021) [Fordham Urban Law Journal] Law Review Articles and Other Secondary Sources   Introduction. 883 I. Redevelopment Authorities and Land Banks. 888 A. History. 890 B. Redevelopment Authorities and Land Banks Today. 896 II. Redevelopment's Vulnerability to Municipal Fiscal Crisis. 907 III. The Role of Federal Policy. 912 Conclusion. 917 2021
Zinaida Miller THE INJUSTICES OF TIME: RIGHTS, RACE, REDISTRIBUTION, AND RESPONSIBILITY 52 Colum. Hum. Rts. L. Rev. 647 (Winter, 2021) [Columbia Human Rights Law Review] Law Review Articles and Other Secondary Sources   Resurgent debates in U.S. law and politics over reparations and racialized inequality reflect what this Article argues is a significant transnational legal phenomenon: courts, policymakers, and social justice advocates mobilizing pasts of racial and ethnic violence and dispossession to justify competing rules for the distribution of resources and... 2021
Chaim Saiman THE LAW WANTS TO BE FORMAL 96 Notre Dame L. Rev. 1067 (January, 2021) [Notre Dame Law Review] Law Review Articles and Other Secondary Sources   This Article examines the relationship between the formalism of an area of law, and whether it plays a central role in the legal system. English and American law were traditionally comprised of formalist private law doctrines. The influence of legal realism and the New Deal, however, caused these systems to diverge. While American private law was... 2021
Fred O. Smith, Jr. THE OTHER ORDINARY PERSONS 78 Wash. & Lee L. Rev. 1071 (Summer, 2021) [Washington and Lee Law Review] Law Review Articles and Other Secondary Sources   If originalism aims to center the original public meaning of text, who constitutes the public? Are we doing enough to capture historically excluded voices: impoverished white planters; dispossessed Natives; silenced women; and the enslaved? If not, what more is required? And for those who are not originalists, how do we ensure that, as American... 2021
Artika R. Tyner THE RACIAL WEALTH GAP: STRATEGIES FOR ADDRESSING THE FINANCIAL IMPACT OF MASS INCARCERATION ON THE AFRICAN AMERICAN COMMUNITY 28 Geo. Mason L. Rev. 885 (Spring, 2021) [George Mason Law Review] Law Review Articles and Other Secondary Sources   The wealth gap between blacks and whites is projected to take 228 years to bridge, which may appear to be an insurmountable challenge. Yet, identifying the challenge and facing the reality of its contributing factors is the first step towards addressing the issue. Economists and scholars have identified many contributing factors influencing this... 2021
Robin Snyderman, Robin Rue Simmons THE REPARATIONS WORK UNDERWAY IN EVANSTON, IL: PROMOTING AN AFFIRMATIVE AND ACCOUNTABLE GOVERNMENT 30 J. Affordable Housing & Community Dev. L. 151 (2021) [Journal of Affordable Housing & Community Development Law] Law Review Articles and Other Secondary Sources   Whether you agree that We are in an Era of Repair and that there is a growing momentum . around issues of racial justice, per a recent NPR story reflecting on Juneteenth, or you are simply appalled that the country's racial homeownership gap is worse now than it was before the enactment of the Civil Rights Act, you understand the importance of... 2021
Lorelei Lee THE ROOTS OF "MODERN DAY SLAVERY": THE PAGE ACT AND THE MANN ACT 52 Colum. Hum. Rts. L. Rev. 1199 (Spring, 2021) [Columbia Human Rights Law Review] Law Review Articles and Other Secondary Sources   Usage of the phrase modern day slavery to describe human trafficking, especially sex trafficking, is widespread despite work by numerous scholars and activists to point out how such usage harms attempts to remedy both slavery and trafficking. In order to more clearly recognize the continuing harms of this usage, it is imperative that we know its... 2021
Courtney Trombly THE SPACE RACE: FUTILE FIGHTING FOR FINITE FINDINGS 31 Alb. L.J. Sci. & Tech. 118 (2021) [Albany Law Journal of Science and Technology] Law Review Articles and Other Secondary Sources   The advent of space exploration has brought a myriad of exciting new discoveries, among which are materials and resources. Such resources include sunlight and elements contained in the atmosphere, as well as materials included within the regolith (unconsolidated material that overlies solid rock on planetary bodies). The materials--which include... 2021
Brence D. Pernell THE THIRTEENTH AMENDMENT AND EQUAL EDUCATIONAL OPPORTUNITY 39 Yale L. & Pol'y Rev. 420 (Spring, 2021) [Yale Law and Policy Review] Law Review Articles and Other Secondary Sources   Inequities for Black Americans, including educational ones, are now often rooted in neutral policies--ones facially innocent, but effectively discriminatory. This Article helps establish the Thirteenth Amendment as a viable alternative in antidiscrimination law for challenging such policies. While undoing these policies has traditionally been the... 2021
Larry J. Pittman THE THIRTEENTH AMENDMENT AND EQUAL PROTECTION: A STRUCTURAL INTERPRETATION TO "FREE" THE AMENDMENT 27 Wm. & Mary J. Race, Gender & Soc. Just. 461 (Winter, 2021) [William and Mary Journal of Race, Gender, and Social Justice] Law Review Articles and Other Secondary Sources   The hope is that the Court will one day hold that the Thirteenth Amendment has its own equal protection clause or component and that strict scrutiny will not be used for benign racial classifications designed to eradicate current badges and incidents of slavery. This Article critiques the Court's decision in the Civil Rights Cases regarding the... 2021
Heinz Klug THE UNIVERSITY OF WISCONSIN LAW SCHOOL ON CONSTITUTIONALISM AND DEMOCRACY 2021 Wis. L. Rev. 465 (2021) [Wisconsin Law Review] Law Review Articles and Other Secondary Sources   While the University of Wisconsin (UW) Law School and its faculty are recognized as having a long tradition of law and society scholarship, it is only over the last decade that its contributions to debates over both domestic and international constitutionalism and democracy have gained increasing recognition. Whether in democratization,... 2021
Michelle Y. Ewert THEIR HOME IS NOT THEIR CASTLE: SUBSIDIZED HOUSING'S INTRUSION INTO FAMILY PRIVACY AND DECISIONAL AUTONOMY 99 N.C. L. Rev. 869 (May, 2021) [North Carolina Law Review] Law Review Articles and Other Secondary Sources   The anti-Black racism that has permeated public benefits programs and federal housing policy for over a century persists in subsidized rental housing. Public housing authorities (PHAs) impede the ability of tenants--who are disproportionately Black women--to change household composition as their family situations change. PHAs routinely take... 2021
  Thompson v. United States Slip Copy, Docket Number: CV 21-01504 PHX CDB [United States District Court, D. Arizona] (9/16/2021) Cases   TO THE HONORABLE STEPHEN M. McNAMEE: Plaintiff, who is pro se in this matter, docketed the Complaint and a motion to proceed in this matter in forma pauperis on September 2, 2021. Defendants have not been served nor appeared. Plaintiff's motion for leave to proceed in forma pauperis avers Plaintiff, who is 48 years of age and a high school... 2021
Angela Olivia Burton, Esq., Angeline Montauban TOWARD COMMUNITY CONTROL OF CHILD WELFARE FUNDING: REPEAL THE CHILD ABUSE PREVENTION AND TREATMENT ACT AND DELINK CHILD PROTECTION FROM FAMILY WELL-BEING 11 Colum. J. Race & L. 639 (July, 2021) [Columbia Journal of Race and Law] Law Review Articles and Other Secondary Sources   The Child Abuse Prevention and Treatment Act mandates reporting, investigation, and prosecution of allegedly abusive and neglectful parents. Commonly known as child protective services (CPS), this family policing system uses the government's police power to disrupt, surveil, control, and destroy hundreds of thousands of Black families based on... 2021
Helena Alviar García TRANSITIONAL JUSTICE AND PROPERTY: INEXTRICABLY LINKED 17 Ann. Rev. L. & Soc. Sci. 227 (2021) [Annual Review of Law and Social Science] Law Review Articles and Other Secondary Sources   transitional justice, reparation, restitution, property redistribution, peace agreements This article analyzes the different ways in which transitional justice has dealt with demands over property restitution and redistribution. To do this, it presents a review of academic literature regarding how to define reparation, the justifications for... 2021
David R. Katner TRUMP'S POLICY OF PUTTING KIDS IN CAGES: SIX DEAD, THOUSANDS SEPARATED FROM PARENTS, MAKING AMERICA GREAT AGAIN? 28 Va. J. Soc. Pol'y & L. 87 (Spring, 2021) [Virginia Journal of Social Policy and the Law] Law Review Articles and Other Secondary Sources   Introduction. 88 I. Conditions of Children's Detentions at the U.S. Border. 96 II. The Traumatic Impact of Separating Children from Parents and Locking them Up. 105 A. The Complications and Manipulations of Conditions of Poverty. 110 B. Need for Therapeutic Interventions for Children and Adolescents Separated from Parents by the Trump... 2021
Onur Bakiner TRUTH COMMISSION IMPACT ON POLICY, COURTS, AND SOCIETY 17 Ann. Rev. L. & Soc. Sci. 73 (2021) [Annual Review of Law and Social Science] Law Review Articles and Other Secondary Sources   truth commissions, transitional justice, human rights, social justice This review surveys the philosophical underpinnings, conceptual frames, and methodological choices informing the scholarship on truth commission impact to examine whether, how, how much, and why truth commissions influence policy, court decisions, and social norms. It focuses on... 2021
  United States v. Edmonson 850 Fed.Appx. 748, Docket Number: 20-10821 [United States Court of Appeals, Eleventh Circuit] (4/8/2021) Cases   Danielle Edmonson and Kenneth Edmonson appeal their convictions and sentences for making false, fictitious, or fraudulent claims, mail fraud, and making false statements. The Edmonsons argue that they're entitled to a new trial because of an evidentiary error, prosecutorial misconduct, and errors in the jury instructions. Kenneth also argues... 2021
Kathleen Bicek Bezdichek, J.D. Validity, Construction, and Application of § 6700 of the Internal Revenue Code (26 U.S.C.A. § 6700) Imposing Civil Penalties for Promoting Abusive Tax Shelters 36 A.L.R. Fed. 2d 377 (Originally published in 2009) (2021) [American Law Reports ALR Federal 2d] Law Review Articles and Other Secondary Sources   The promotion of abusive tax shelters has wide-reaching effects in our society, including the liability of taxpayers who rely on the promoters' false or fraudulent tax advice, dissipation of the courts' time by continual litigation over frivolous theories, and loss of tax revenues to the government. Section 6700 of the Internal Revenue Code (I.R.C.... 2021
  Vance v. Government of United States Slip Copy, Docket Number: 4:20-CV-02391 [United States District Court, M.D. Pennsylvania] (6/28/2021) Cases   This matter was initiated by pro se prisoner-Plaintiff Russell Lee X Vance (hereinafter referred to as Vance) on December 21, 2020. (Doc. 1). On March 16, 2021, the Court performed its statutorily-mandated screening of Vance's Complaint and determined that it lacked jurisdiction over his claims but that Vance should be granted leave... 2021
  Verified Complaint for: 1. Declaratory Relief/Quantum Meruit; 2. Constructive/Resulting Trust; 3. Unlawful Business Practices; 4. Breach of Implied Contract; 5. Misrepresentation of Origination/Commercial Misappropriation (Lanham Act, s 43(b)); 6. Copyrig (1/11/2021) Trial Court Documents   (United States District Court) [DEMAND FOR JURY TRIAL] PLAINTIFF INCORPORATES THE FOLLOWING: Plaintiff DONAT RICKETTS d/b/a ABIFF PRODUCTIONS (Ricketts, Abiff Productions and/or... 2021
Aris Folley Viola Fletcher, oldest living survivor of Tulsa Race Massacre, testifies in Congress 'seeking justice' (5/19/2021) [The Hill] Law Review Articles and Other Secondary Sources   Viola Fletcher, the oldest living survivor of the Tulsa Race Massacre, testified before Congress on Wednesday seeking justice a century after one of the most horrific racist attacks in the nations history. 2021
Kalen Coleman WAKE UP OR GET WOKE: THE PARADOX OF AMERICA'S DIPLOMATIC EXPORT OF HIP HOP 43 Hastings Comm. & Ent L.J. 59 (Winter, 2021) [Hastings Communications and Entertainment Law Journal (COMM/ENT)] Law Review Articles and Other Secondary Sources   Since 2001, the United States has been sending hip hop artists overseas to perform and promote American culture. But hip hop began in the South Bronx of New York City, driven by disaffected and impoverished African American youth who gave voice to their discontent. There is an inherent hypocrisy in the appropriation and export of a subculture whose... 2021
Tuneen E. Chisolm WHEN RIGHTEOUSNESS FAILS: THE NEW INCENTIVE FOR REPARATIONS FOR SLAVERY AND ITS CONTINUING AFTERMATH IN THE UNITED STATES 24 U. Pa. J. L. & Soc. Change 195 (2021) [University of Pennsylvania Journal of Law and Social Change] Law Review Articles and Other Secondary Sources   Abstract. Starting from the well-established premise that reparations for African Americans are justified and required to provide redress for race-based social and systemic ills, this Article examines the United States' compliance with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), not only as... 2021
Kevin Drakulich , Kevin H. Wozniak , John Hagan , Devon Johnson WHOSE LIVES MATTERED? HOW WHITE AND BLACK AMERICANS FELT ABOUT BLACK LIVES MATTER IN 2016 55 Law & Soc'y Rev. 227 (June, 2021) [Law and Society Review] Law Review Articles and Other Secondary Sources   White Americans, on average, do not support Black Lives Matter, while Black Americans generally express strong support. The lack of support among white Americans is striking, and we argue that it matters why this racial gap exists. Using a nationally representative survey collected during the crest of the first wave of widespread attention to the... 2021
Daniel P. Suitor WINNING WHAT'S OWED: A LITIGATIVE APPROACH TO REPARATIONS 105 Minn. L. Rev. Headnotes 391 (Spring, 2021) [Minnesota Law Review Headnotes] Law Review Articles and Other Secondary Sources   Centuries of enslaved Black labor built the United States into a society and economy that prospers to this day. Slavery was intrinsically tied to the production of early America's two most important exports, tobacco and cotton. Enslaved people themselves were considered so economically valuable that their persons were used to collateralize... 2021
Annie Bunting , Heather Tasker , Emily Lockhart WOMEN'S LAW-MAKING AND CONTESTATIONS OF "MARRIAGE" IN AFRICAN CONFLICT SITUATIONS 55 Law & Soc'y Rev. 614 (December, 2021) [Law and Society Review] Law Review Articles and Other Secondary Sources   International criminal law has developed significantly over the past 20 years since the establishment of the ad hoc Tribunals and International Criminal Court. Much scholarly attention has focused on the politics and jurisprudence of these courts, with particular focus on the prosecution of sexual and gender-based violence. This article adds to the... 2021
United States Department of Justice § [8-3.010]trafficking in Persons Report Aspen Publishers COMMENT 8-3.010 Law Review Articles and Other Secondary Sources     2020
Barbara J. Van Arsdale, J.D., Francis M. Dougherty, J.D., Edward K. Esping, J.D., Tracy Bateman Farrell, J.D., Jill Gustafson, J.D., Rachel M. Kane, M.A., J.D., John Kimpflen, J.D., Anne E. Melley, J.D., LL.M., of the staff of the National Legal Research § 1:26. Particular Applications of Principle Federal Procedure, Lawyers Edition § 1:26 Law Review Articles and Other Secondary Sources   Applying the criteria governing judicial deference in cases presenting political questions, federal courts have declined to hear cases questioning political gerrymandering in a congressional redistricting. alleging that the United States and a former Secretary of State were liable, under the Alien Tort Statute, to victims and survivors of victims... 2020
Edward F. Koren; Updated by Karen T. Schiele, By:, Edward F. Koren, Updated by Philip Feist § 1:31.malpractice Prevention Estate, Tax and Personal Financial Planning § 1:31 Law Review Articles and Other Secondary Sources   The 80's and 90's have seen another phenomenon in the estate planning area: the increasing exposure of the estate planner to claims of professional malpractice. These are particularly troublesome because the liability can arise so long after the service was performed. For example, the Supreme Court of California, reversing a lower court decision,... 2020
  § 1:35.a Philosophical and Policy Overview of Constitutional and Statutory Civil Rights Law Principles-examples of the Tension Between the Process and Outcome Theories-a Case Study in Process Versus Outcome Theory: the Metro Broadcasting Decision ...Kaplan, Equal Justice in an Unequal World; Equality for the Negro The § 1:35 Problem of Special Treatment Law Review Articles and Other Secondary Sources   One recent Supreme Court decision, Metro Broadcasting, Inc. v. Federal Communications Commission, crystallizes the entire debate between the process and outcome notions of equality. The Metro Broadcasting decision is worth holding up to close examination as a detailed case study 2020
Robert E. McKenzie § 1:62.abusive Schemes and Promoter Investigations Representing the Audited Taxpayer Before the IRS § 1:62 Law Review Articles and Other Secondary Sources   IRS efforts to combat abusive schemes and scams (including the Offshore Credit Card Project) significantly increased from Fiscal Year 2003 to Fiscal Year 2008. Schemes and scams on the rise include: schemes, reducing a person's tax liability by claiming inflated expenses, false deductions, unallowable credits or excessive exemptions; frivolous... 2020
Jacob A. Stein § 10:28.the Concepts of Duty and Due Care Stein on Personal Injury Damages § 10:28 Law Review Articles and Other Secondary Sources   As a general proposition, applicable in the ordinary negligence case, the rule of ordinary care prevails. For example, where the defendant has taken some affirmative action such as driving an automobile whenever he or she should reasonably foresee that such conduct will involve an unreasonable risk of harm to other drivers or to pedestrians, the... 2020
  § 111international Law and Agreements as Law of the United States Restatement of the Law - The Foreign Relations Law of the United States 111 (1987) (October 2020 Update) Law Review Articles and Other Secondary Sources   (1) International law and international agreements of the United States are law of the United States and supreme over the law of the several States. (2) Cases arising under international law or international agreements of the United States are within the Judicial Power of the United States and, subject to Constitutional and statutory limitations... 2020
  § 13:9.other Civil Rights Legislation Government Discrimination: Equal Protection Law and Litigation § 13:9 Law Review Articles and Other Secondary Sources   Civil rights legislation, in addition to the laws summarized above, provides both criminal and civil causes of action where federal statutory and constitutional rights are abridged. It is also possible to sue federal officials directly under the Constitution. The most significant civil cause of action provision is § 1983. The provision, which... 2020
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