AuthorTitleCitationDocument TypeStatusSummaryYear
E. Tendayi Achiume Governing Xenophobia 51 Vanderbilt Journal of Transnational Law 333 (March, 2018) Law Review Articles and Other Secondary Sources   The problem of xenophobia has gained remarkable notoriety of late, and reports from around the world paint a chilling picture of its virulence, especially where refugees and other involuntary migrants are concerned. How should one understand this global picture of xenophobic contestation and its fallout, and specifically, how should one understand... 2018
Minjung (Michelle) Hur Hangeul as a Tool of Resistance Against Forced Assimilation: Making Sense of the Framework Act on Korean Language 27 Washington International Law Journal 715 (June, 2018) Law Review Articles and Other Secondary Sources   Abstract: Language policies that mandate a government use a single language may seem controversial and unconstitutional. English-only policies are often seen as xenophobic and discriminatory. However, that may not be the case for South Korea's Framework Act on Korean Language, which mandates the use of the Korean alphabet, Hangeul, for official... 2018
Pedro Jimenez Cantisano, Mariana Armond Dias Paes Legal Reasoning in a Slave Society (Brazil, 1860-88) 36 Law and History Review 471 (August, 2018) Law Review Articles and Other Secondary Sources   In 1866, Benta and her daughter Benedicta sued Antonio Silva in the Municipal Court of Atibaia, in the province of São Paulo, Brazil (Figure 1), asking for the legal recognition of their freedom. Although Benta and Benedicta lived as Silva's slaves, their legal status was unclear. Benta's master, Francisca das Chagas, had left in her will one... 2018
Archie Zariski Mansfield, Atkin, Weinstein: Three Responsive Judges at the Nexus of Law, Politics, and Economy 67 IUS Gentium 311 (2018) Law Review Articles and Other Secondary Sources   Abstract This chapter examines a judge's role and function in responding to those unique, but not uncommon, cases which attract public attention to civil litigation normally considered to be of a private nature. It suggests that in such situations judges have an additional responsibility and opportunity to be responsive. The chapter surveys... 2018
  Martin v. F.e. Moran, Inc. Not Reported in Fed. Supp., United States District Court, N.D. Illinois, Eastern Division. (3/30/2018) Cases As of January 6, 2020 case has not been reversed or overruled. Plaintiffs Kenneth Martin, Aaron Truesdell and Johnny Tejada filed this action against their former employer, F.E. Moran, Inc., Fire Protection of Northern Illinois (FPN) alleging racially discriminatory employment practices. In their First Amended Complaint, Plaintiffs each alleged violations of Title VII of the Civil Rights Act (Count I) and of... 2018
Christopher C. Ligatti Max Weber Meets the Fair Housing Act: "Life Chances" and the Need for Expanded Lost Housing Opportunity Damages 6 Belmont Law Review 78 (2018) Law Review Articles and Other Secondary Sources   Introduction. 79 I. Background. 81 A. The Root of Mobility Based Programs in Life Chances Theory. 82 1. Max Weber's Life Chances Theory. 82 2. Neighborhood Effects and the Geography of Opportunity as Understood Through the Lens of Life Chances. 87 3. The Negative Consequences of Low-Opportunity Areas. 88 4. The Benefits of Moving to... 2018
Laurel Fletcher, Harvey Weinstein North-south Dialogue: Bridging the Gap in Transitional Justice 36 Berkeley Journal of International Law 218 (2018) Law Review Articles and Other Secondary Sources   Keynote Address. 218 Introduction. 225 I. Discussion #1. 227 II. Discussion #2. 249 III. Discussion #3. 271 IV. Discussion #4. 294 V. Closing Remarks. 313 Participant Biographies. 317 2018
Kimberly Kessler Ferzan Patty Hearst Reconsidered: Personal Identity in the Criminal Law 15 Ohio State Journal of Criminal Law 367 (Spring, 2018) Law Review Articles and Other Secondary Sources   I cannot imagine that there is single criminal law professor or student who does not know Joshua Dressler's name. Between his casebook, his treatise, and his voluminous publications, Dressler's reach has encompassed the entirety of criminal law (and this is ignoring his similar mastery of criminal procedure). Despite the breadth of his reach,... 2018
  Plaintiffs' Joint Memorandum of Law in Opposition to the Lipa/nges Motion for Summary Judgment (8/3/2018) Trial Court Documents   FN1. An identical brief is being submitted under each caption solely so that the defendants cannot claim that any of the plaintiffs defaulted on the motion. However, because they are... 2018
  Plaintiffs' Joint Memorandum of Law in Opposition to the Lipa/nges Motion for Summary Judgment (8/3/2018) Trial Court Documents   FN1. An identical brief is being submitted under each caption solely so that the defendants cannot claim that any of the plaintiffs defaulted on the motion. However, because they are... 2018
  Plaintiffs' Joint Memorandum of Law in Opposition to the Lipa/nges Motion for Summary Judgment (8/3/2018) Trial Court Documents   FN1. An identical brief is being submitted under each caption solely so that the defendants cannot claim that any of the plaintiffs defaulted on the motion. However, because they are... 2018
  Plaintiffs' Joint Memorandum of Law in Opposition to the Lipa/nges Motion for Summary Judgment (8/3/2018) Trial Court Documents   FN1. An identical brief is being submitted under each caption solely so that the defendants cannot claim that any of the plaintiffs defaulted on the motion. However, because they are... 2018
Enrique Boone Barrera Property Rights as Human Rights in International Investment Arbitration: a Critical Approach 59 Boston College Law Review 2635 (November, 2018) Law Review Articles and Other Secondary Sources   Abstract: The treaty-based regime of investment protection is said to protect the property rights of foreign investors. Arbitral tribunals are usually tasked with settling investment disputes using principles of international law, some of which refer to the doctrine of protection of aliens. These features have led some commentators to compare the... 2018
  Proposed Brief of Amici Curiae the American Civil Liberties Union, the American Civil Liberties Union of Massachusetts, the Anti-defamation League, the Leadership Conference on Civil and Human Rights, Naral Pro-choice Massachusetts, and the National Urban (9/24/2018) Briefs   FN1. No counsel for any party has authored this brief in whole or in part; no party or party's counsel has contributed money that was intended to fund preparing or submitting this brief;... 2018
Michael A. Lawrence Racial Justice Demands Truth & Reconciliation 80 University of Pittsburgh Law Review 69 (Fall, 2018) Law Review Articles and Other Secondary Sources   The Negro race in America, stolen, ravished and degraded, struggling up through difficulties and oppression, needs sympathy and receives criticism; needs help and is given hindrance, needs protection and is given mob-violence, needs justice and is given charity, needs leadership and is given cowardice and apology, needs bread and is given a stone.... 2018
André Douglas Pond Cummings Reforming Policing 10 Drexel Law Review 573 (2018) Law Review Articles and Other Secondary Sources   C1-2Table of Contents Introduction. 575 I. Historical Evolution of Policing in the United States. 578 II. Connecting History with Current Practices. 583 III. Nationwide Police Reform Efforts Finding Success. 591 A. Policing in a Multiracial Society Project. 591 B. The Use of Force Project. 595 C. Community Policing in Cincinnati. 597 D.... 2018
Joyce Rodriguez, Esq. Resolving Legal Claims Between the United States and Cuba: Applying International Law Where Diplomacy Alone Falls Short 14 South Carolina Journal of International Law & Business 143 (Spring, 2018) Law Review Articles and Other Secondary Sources   At the heart of the nearly sixty-year-old conflict between the United States and the Republic of Cuba lies the $1.9 billion U.S. claim against Cuba for the mass expropriation of American-owned property and assets in Cuba during the early years of the Cuban revolution. Cuba's socialist revolution and uncompensated expropriation of U.S. property... 2018
Eli Keene Resources for Relocation: in Search of a Coherent Federal Policy on Resettling Climate-vulnerable Communities 48 Texas Environmental Law Journal 119 (Spring, 2018) Law Review Articles and Other Secondary Sources   I. Introduction 119 II. Introducing Community Relocation 121 A. Community Relocation 122 B. Legal and Financial Obstacles to Community Relocation 125 C. Alternative Policies 127 III. The Missing Question: An Institutional Rationale for Relocation 129 IV. The Possible Rationales for Prioritizing Communities for Relocation 134 A. Federal Indian Law... 2018
  Response to Brief for Amicus Curiae the United States (6/15/2018) Briefs   As the United States explains, forum non conveniens can play [a] . critical [] role in a case brought against a foreign state defendant by giving effect to principles of comity and... 2018
Kenneth W. Mack Second Mode Inclusion Claims in the Law Schools 87 Fordham Law Review 1005 (December, 2018) Law Review Articles and Other Secondary Sources   In October 2015, a group of Harvard Law School (HLS) students calling themselves Royall Must Fall announced their presence on both Facebook and Twitter, declaring their solidarity with the Rhodes Must Fall movement --which had called for the removal of a statue of Cecil Rhodes at the University of Cape Town. While the immediate concern of the... 2018
Susan D. Carle Selected Historical Bibliography on African American Women's Activism (Focusing on 1880 to 1920) 47 Hofstra Law Review 117 (Fall, 2018) Law Review Articles and Other Secondary Sources   At the colloquium, some of the activist/scholars in the room complained about the apparent lack of literature on activism by U.S. women of color in early historical periods. As a participant pointed out, this apparent gap can lead to a lack of inspiration and role models for contemporary lawyer/activists. But this perceived gap in the historical... 2018
Andrew Gilden Sex, Death, and Intellectual Property 32 Harvard Journal of Law & Technology 67 (Fall, 2018) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction. 67 II. IP's Shifting Terrain. 72 A. The Garcia Roadblock. 73 B. Missing Voices. 76 III. Sex, Death, and Non-Traditional IP Assertions. 79 A. Sexual Autonomy. 81 1. Revenge Porn. 82 2. Celebrity Sex Tapes. 87 3. Other Intersections of IP and Sexual Autonomy. 91 B. Death, Mourning, and Legacy. 93 IV. Towards a... 2018
Emeka Duruigbo Small Tract Owners and Shale Gas Drilling in Texas: Sanctity of Property, Holdout Power or Compulsory Pooling? 70 Baylor Law Review 527 (Spring, 2018) Law Review Articles and Other Secondary Sources   In some sense, oil and gas law in Texas simultaneously strips small mineral owners of their property freedom while affording protection from uncompensated drainage. In another sense, owners of small mineral interests are left at the mercy of oil and gas producers who can drain their resources without compensation. This article proposes the... 2018
Olivia Ensign Speaking Truth to Power: an Analysis of American Truth-telling Efforts Vis-à-vis the South African Truth and Reconciliation Commission 42 New York University Review of Law and Social Change Change 1 (2018) Law Review Articles and Other Secondary Sources   by Forrest Hamer Truth and Reconciliation Commission, South Africa I don't know what kind of man I am. I know it was not hate I felt; It was not the disgust and the stone in my belly. The world is a mystery and they were my question. We were strangers again. The final report of the South African Truth and Reconciliation Commission (SATRC) remains... 2018
Jesse Merriam Stephen Presser's Love Letter to the Law, in Five Parts Law Professors: Three Centuries of Shaping American Law. By Stephen B. Presser. St. Paul: West Publishing, 2017. Pp. Xii + 486. $48.00 (Cloth) 33 Constitutional Commentary 71 (Winter, 2018) Law Review Articles and Other Secondary Sources   This book on law professors, Stephen Presser writes in the Preface, is a love letter to the teaching of law (p. v). But this is no mere love letter. The twenty-four chapters read more like a break-up letter, sounding with each successive chapter the ominous tone of a betrayed lover--more like Søren Kierkegaard's regretful reflections on losing... 2018
Alicia LeDuc Strategic Alliances as an Impact Litigation Model: Lessons from the Sepur Zarco Human Rights Case in Guatemala 25 Willamette Journal of International Law and Dispute Resolution 150 (2018) Law Review Articles and Other Secondary Sources   I. INTRODUCTION. 151 II. THE SEPUR ZARCO TRIAL. 154 A. Historical and Cultural Context of State-Sanctioned Violence Against Indigenous Populations in Guatemala. 154 B. State-Sanctioned Violence Against Civilians at the Sepur Zarco Military Base. 157 C. Aftermath of the Internal Armed Conflict. 163 D. Widows Searching for Justice. 165 E. The... 2018
Ana Beduschi The Big Data of International Migration: Opportunities and Challenges for States under International Human Rights Law 49 Georgetown Journal of International Law 981 (2018) Law Review Articles and Other Secondary Sources   Technology, as the epitome of our contemporary society, permeates the realm of international migration. Migrants and refugees are increasingly using mobile phones and digital features available online to prepare for migration and while on the move. Concurrently, advances in computer science allow for progressively more accurate analysis of the data... 2018
Lucy A. Jewel The Biology of Inequality 95 Denver Law Review 609 (Spring, 2018) Law Review Articles and Other Secondary Sources   We have known for quite some time that disadvantaged individuals suffer from poorer health outcomes and lower life spans than the advantaged. The disadvantaged do not perform as well on educational tests than their wealthier peers. In some situations, racial discrimination intersects with poverty to worsen these outcomes for minorities. With the... 2018
Brian G. Gilmore , Hannah D. Adams The Case for a Reparations Clinic: a Proposal for Investigation, Documentation, and Remediation of Historic Housing Discrimination Through the Law School Clinic Model 2018 Michigan State Law Review 1309 (2018) Law Review Articles and Other Secondary Sources   This Article will provide a blueprint for the creation of a law school based, or associated, clinic dedicated to addressing wealth and inequality issues created by the nation's racial caste system. Much of the focus shall be on reparations for discriminatory conduct in the housing market, but the Article shall also focus upon reparations in general... 2018
Hiroshi Fukurai, Alice Yang The History of Japanese Racism, Japanese American Redress, and the Dangers Associated with Government Regulation of Hate Speech 45 Hastings Constitutional Law Quarterly 533 (Spring, 2018) Law Review Articles and Other Secondary Sources   Japan has numerically small yet historically significant racial and ethnic minority populations. These groups include indigenous Ainu people, Ryukyuans, Koreans, Chinese, Burakumins, and newly arrived foreign workers from around the globe, all of whom remain among Japan's marginalized populations. Despite the fact that Japan's Constitution... 2018
Dorothy E. Roberts The Most Shocking and Inhuman Inequality: Thinking Structurally about Poverty, Racism, and Health Inequities 49 University of Memphis Law Review 167 (Fall, 2018) Law Review Articles and Other Secondary Sources   I. Introduction. 167 II. Social Inequality and the Structure of Health Disparities. 170 III. How Poverty and Racism Intersect to Produce Health Injustice. 175 IV. Health Disparities and Biological v. Structural Explanations of Inequality. 178 V. Conclusion. 181 2018
Ori Aronson The next Forty Presidents 24 William and Mary Journal of Women and the Law 235 (Winter, 2018) Law Review Articles and Other Secondary Sources   A thought experiment in feminist constitutionalism, this Article explores a radical argument: allow only women to be elected as the next forty U.S. presidents. While on its face blatantly discriminatory, the forty female presidents rule turns out to be a robustly justifiable idea, along multiple axes of political fairness, and not to women... 2018
Teri A. McMurtry-Chubb The Rhetoric of Race, Redemption, and Will Contests: Inheritance as Reparations in John Grisham's Sycamore Row 48 University of Memphis Law Review 889 (Spring, 2018) Law Review Articles and Other Secondary Sources   I. Introduction. 890 II. Reparations as Racial Rhetoric: Racializing Nomos, Logos, Pathos, and Ethos. 893 A. The Racialized Universe of Reparations Discourse. 893 B. Logos, Ideographs, and Analytical Frameworks in Reparations Litigation. 910 1. Johnson v. McAdoo. 915 2. Cato v. United States. 917 3. Pigford v. Glickman. 922 4. Obadele v. United... 2018
Scott L. Cummings The Social Movement Turn in Law 43 Law and Social Inquiry 360 (Spring, 2018) Law Review Articles and Other Secondary Sources   The rise of social movements in US legal scholarship is a current response to an age-old problem in progressive legal thought: harnessing law for social change while maintaining a distinction between law and politics. This problem erupted in controversy around the civil rights-era concept of legal liberalism defined by activist courts and lawyers... 2018
Jochen von Bernstorff The Use of Force in International Law Before World War I: on Imperial Ordering and the Ontology of the Nation-state 29 European Journal of International Law 233 (February, 2018) Law Review Articles and Other Secondary Sources   This contribution builds on the assumption that the largely unregulated employment of force practised by Europeans outside of central Europe in the last decades before World War I, between 1914 and 1918, for the first time developed its full destructive potential in a catastrophic war between industrialized Western countries. It focuses on... 2018
Lorena Espino-Piepp The Violence Against Women Act, Implicit Bias, and Judicial Training 24 Cardozo Journal of Equal Rights & Social Justice 347 (Spring, 2018) Law Review Articles and Other Secondary Sources   C1-2TABLE OF CONTENTS TABLE OF CONTENTS. 347 INTRODUCTION. 348 I. HISTORY OF VAWA, IMMIGRATION LAWS, AND THE FAMILY COURT. 350 A. The Violence Against Women Act. 351 B. Domestic Violence and Latina Immigrant Women. 352 C. Immigration Laws and Domestic Violence. 353 D. VAWA's Response to the Specific Problems Faced by Immigrant Women in Accessing... 2018
Makiba Gaines This Means War: a Case for Just Reparations under the Doctrine of Inalienability 30 Regent University Law Review 433 (2017-2018) Law Review Articles and Other Secondary Sources   A close examination of America's post-emancipation timeline reveals incessant cycles of racial discord marked by turbulent junctures of conflict between Blacks and American governments. Sustained antagonism is evinced by at least one major declaration of mass dissent every twenty to thirty years since ratification of the Thirteenth Amendment. Most... 2018
Tim Iglesias Threading the Needle of Fair Housing Law in a Gentrifying City with a Legacy of Discrimination 27 Journal of Affordable Housing & Community Development Law 51 (2018) Law Review Articles and Other Secondary Sources   This essay tells the story of an extended and complex conflict between San Francisco and HUD and the creative solution that emerged from their negotiations. The conflict concerned the application of a community preference to a proposed senior housing development that would be located in a traditional African American neighborhood in San Francisco... 2018
Zinaida Miller Time, Law, and Judgment 32 Temple International and Comparative Law Journal 53 (Spring, 2018) Law Review Articles and Other Secondary Sources   As How Everything Became War describes, the methods and practices of contemporary violence have gradually eroded traditional legal and political distinctions between war and peace. Classifying a particular time and space as war, peace, or something in between defines the universe of permissible harms, relevant victims, and appropriate experts. It... 2018
Amna A. Akbar Toward a Radical Imagination of Law 93 New York University Law Review 405 (June, 2018) Law Review Articles and Other Secondary Sources   In this Article, I consider the contemporary law reform project of a radical social movement seeking to transform the state: specifically, that of the Movement for Black Lives as articulated in its policy platform A Vision for Black Lives: Policy Demands for Black Power, Freedom, and Justice. The Movement for Black Lives is the leading example of... 2018
Rosemary J. Coombe, S. Ali Malik Transforming the Work of Geographical Indications to Decolonize Racialized Labor and Support Agroecology 8 UC Irvine Law Review 363 (May, 2018) Law Review Articles and Other Secondary Sources   Critical scholarship on geographical indications (GIs) has increasingly focused upon their role in fostering development in the Global South. Recent work has drawn welcome attention to issues of governance and sparked new debates about the role of the state in GI regulation. We argue that this new emphasis needs to be coupled with a greater focus... 2018
Mohamed A. 'Arafa Transitional Justice, the Seeds of Change: Secular Law or Divine (Islamic) Law, Quo Vadis? 9 Creighton International and Comparative Law Journal 39 (May, 2018) Law Review Articles and Other Secondary Sources   In the aftermath of massive human rights misuses, victims have well-established rights to see the culprits penalized, to know the truth, and to receive reparations. Because systemic human rights transgressions touch not just the direct victims, but the entire society, states have obligations to guarantee that the defilements will not reoccur, and... 2018
  United Kingdom 2017 Human Rights Report (4/1/2018) Administrative Decisions & Guidance     2018
Mark Tushnet Utopian Thinking for Progressive Constitutionalists 93 Indiana Law Journal 233 (Winter, 2018) Law Review Articles and Other Secondary Sources   The opening pages of Rousseau's Social Contract have two striking phrases. The more celebrated is, [m]an was born free, and everywhere he is in chains. That, though, is preceded by this: I want to inquire whether, taking men as they are and laws as they can be made to be, it is possible to establish some just and reliable rule of administration... 2018
Peter Vincent Weathering the "Perfect Storm:" Welcoming Refugees While Protecting the United States at Home and Abroad 57 Virginia Journal of International Law 383 (Spring, 2018) Law Review Articles and Other Secondary Sources   It is both an immense privilege and a daunting challenge to address the current prospects of the United States' continued indispensable role in the liberal international order as a global leader in security, economic, and political matters. Given that many national leaders claim that our country is in a state of dire peril, you would be forgiven... 2018
Hon. Bernice Bouie Donald When the Rule of Law Breaks Down: Implications of the 1866 Memphis Massacre for the Passage of the Fourteenth Amendment 98 Boston University Law Review 1607 (December, 2018) Law Review Articles and Other Secondary Sources   Scholars typically discuss the rule of law as an abstract concept, rather than a practical reality susceptible to failure. The Memphis Massacre of 1866 provides a valuable case study in the failure of foundational principles of the rule of law. After the Civil War, in Memphis, Tennessee, there was a massive influx of former slaves, coterminous with... 2018
Walter E. Block , Stefan K. Sløk-Madsen Who Should Own the North Pole? 6 LSU Journal of Energy Law & Resources 477 (Spring, 2018) Law Review Articles and Other Secondary Sources   While it would be nice to stand on top of the world in many walks of life, standing on top of the Earth is no picnic. The top of the world, the North Pole, is a barren ice sea where temperatures are known to go into the double-digit minus figures, both Celsius and Fahrenheit. You would likely be alone, with a rare chance of meeting a very hungry... 2018
Melody Kapilialoha MacKenzie , D. Kapua'ala Sproat A Collective Memory of Injustice: Reclaiming Hawai'i's Crown Lands Trust in Response to Judge James S. Burns 39 University of Hawaii Law Review 481 (Summer, 2017) Law Review Articles and Other Secondary Sources   I ka lelo no ke ola, i ka lelo no ka make. Words can heal; words can destroy. I. INTRODUCTION. 482 II. COLLECTIVE MEMORY'S VITAL ROLE IN SHAPING THE PUBLIC'S UNDERSTANDING OF HISTORY AND NATIVE HAWAIIAN RIGHTS' CLAIMS. 487 A. Understanding Collective Memory. 487 B. Collective Memory's Power and Potential. 492 1. Collective memory's practical... 2017
Browne Lewis A Deliberate Departure: Making Physician-assisted Suicide Comfortable for Vulnerable Patients 70 Arkansas Law Review Rev. 1 (2017) Law Review Articles and Other Secondary Sources   On an episode of Marvel's Jessica Jones, Kilgrave uses his mind control powers to get Jack Denton to give him both of his kidneys. After he loses his kidneys, Denton goes on dialysis and has a stroke. Therefore, when private investigator Jessica Jones tracks down Denton, she discovers that he is wheelchair-bound and unable to speak. Denton goes to... 2017
Stanley A. Goldman A Fuhrer of Industry: Krupp Before, During and after Nuremberg 39 Loyola of Los Angeles International and Comparative Law Review 187 (Winter, 2017) Law Review Articles and Other Secondary Sources   If there is no judge and no judgment, then everything is arbitrary and Hitler, may his name perish, was right: force is the only law. Then it's normal to play with the skulls of small children and to order a father to dig a grave for himself and his family. In the late nineteenth century, the long-established Krupp family of merchants and... 2017
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