| Author | Title | Citation | Document Type | Status | Summary | Year |
| César Cuauhtémoc García Hernández |
Abolishing Immigration Prisons |
97 Boston University Law Review 245 (January, 2017) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 246 I. Immigration Imprisonment Today. 251 A. Defining Immigration Imprisonment. 252 B. Pathways into Immigration Imprisonment. 253 C. Lasting Power of Immigration Imprisonment. 257 II. Abolitionist Legacies. 260 A. Defining Abolition. 262 B. Abolition Past and Present. 265 III. Immigration Imprisonment's Moral Foundation. 274 A.... |
2017 |
| Katharine Fischman |
Adrift in the Sea: the Impact of the Business Supply Chain Transparency on Trafficking and Slavery Act of 2015 on Forced Labor in the Thai Fishing Industry |
24 Indiana Journal of Global Legal Studies 227 (Winter, 2017) |
Law Review Articles and Other Secondary Sources |
|
Hundreds of thousands of men and boys are trafficked and enslaved on long-haul fishing boats in the waters off the coast of Thailand. These captives endure physical and mental abuse, inhumane working conditions, meager sustenance, and little sleep as they are forced to catch fish used in products such as cat food. This Note will focus on whether a... |
2017 |
| Blake Emerson |
Affirmatively Furthering Equal Protection: Constitutional Meaning in the Administration of Fair Housing |
65 Buffalo Law Review 163 (January, 2017) |
Law Review Articles and Other Secondary Sources |
|
The meaning of equal protection is intimately linked with administrative practice. The Fourteenth Amendment was passed in part to further the interventions and ensure the constitutionality of the Freedmen's Bureau, which provided public services and legal protection for emancipated African Americans in the Southern states in the wake of the Civil... |
2017 |
| Michael J. Lockman |
An Ethical Representation of Sovereign Clients in Debt Disputes |
30 Georgetown Journal of Legal Ethics 73 (Winter, 2017) |
Law Review Articles and Other Secondary Sources |
|
This Article examines the unique ethical questions that arise when representing foreign states in sovereign debt disputes. Although sovereign representation has become commonplace, no existing scholarship has attempted to study the particular ethical quandaries of foreign sovereign representation. When representing a sovereign, basic assumptions... |
2017 |
| Harvey Gee |
Asian Americans and the Law: Sharing a Progressive Civil Rights Agenda During Uncertain Times |
10 DePaul Journal for Social Justice Just. 1 (Summer, 2017) |
Law Review Articles and Other Secondary Sources |
|
The November election of Donald J. Trump as the 45 U.S. President heightened ever-growing concerns about a retrenchment of civil rights for Americans, limiting voting rights, invoking tougher criminal penalties, keeping Guantanamo Bay prison open and returning to aggressive interrogation techniques, mass deportations and stricter immigration laws.... |
2017 |
| Miranda Perry Fleischer , Daniel Hemel |
Atlas Nods: the Libertarian Case for a Basic Income |
2017 Wisconsin Law Review 1189 (2017) |
Law Review Articles and Other Secondary Sources |
|
Proposals for a universal basic income are generating interest across the globe, with pilot experiments underway or in the works in California, Canada, Finland, Italy, Kenya, and Uganda. Surprisingly, many of the most outspoken supporters of a universal basic income have been self-described libertarians-- even though libertarians are generally... |
2017 |
| Shelley Cavalieri |
Back to the Basics: Lessons from U.s. Property Law for Land Reform |
95 Denver Law Review 73 (Fall, 2017) |
Law Review Articles and Other Secondary Sources |
|
Redistributive land reform programs are a central development approach in nations of the global south. For proponents of land reform, land redistribution is an obvious strategy, designed to reduce hunger and poverty, to bolster citizens' ability to support themselves and their families, and to shape the future of burgeoning democracies worldwide.... |
2017 |
| |
Bibliography |
15 University of New Hampshire Law Review 253 (February, 2017) |
Law Review Articles and Other Secondary Sources |
|
This bibliography is a comprehensive list of all of Professor Calvin Massey's scholarship. Unless otherwise indicated, each title was written exclusively by Professor Massey. We have not, however, included every edition of each title; rather, where multiple editions were published, we reference only the first edition. We have also omitted... |
2017 |
| Daniel C. Epstein |
Black and White and Gray All Over: How Anticlassification Theory Can Endorse Race-based Affirmative Action Policies |
20 University of Pennsylvania Journal of Constitutional Law 433 (December, 2017) |
Law Review Articles and Other Secondary Sources |
|
Constitutional commentators have long emphasized two dominant strains in the Court's approach to the Equal Protection Clause, often termed antisubordination and anticlassification. In the classical formulation, anticlassification sees the treatment of individuals based on race or ethnicity as the primary concern of equal protection; it... |
2017 |
| DeCarlous Spearman |
Brick by Brick: Using Disparate Impact to Remedy Discrimination at the Hand of the Texas Rangers |
42 Thurgood Marshall Law Review 169 (Spring, 2017) |
Law Review Articles and Other Secondary Sources |
|
Several things come to mind when one hears the phrase Texas Rangers. Sports fans often associate the name with the professional baseball team in Arlington, Texas. Television junkies are likely to associate the name with the long-running television series Walker, Texas Ranger that was produced by and starred Chuck Norris. The series originally... |
2017 |
| |
Brief of Amici Curiae Nuremberg Scholars in Support of Petitioners |
(6/27/2017) |
Briefs |
|
FN1. No counsel for any party authored this brief in whole or in part, and no such counsel or party made a monetary contribution to fund the preparation or submission of this brief. Counsel... |
2017 |
| |
Brief of Appellant Matthew Jones |
(9/21/2017) |
Briefs |
|
The opinion of the U.S. District Court appears in the Appendix to the brief and is [x] published at Justia Dockets and Filings,... |
2017 |
| |
Brief of Plaintiff/appellant |
(5/10/2017) |
Briefs |
|
Pursuant of Rule 26.1 of the Federal Rules of Appellate Procedure and the 6 Circuit R. 26.1, Plaintiff/Appellant make the following disclosure: Plaintiff/Appellant John Isaac Harris is an... |
2017 |
| Christine Ball-Blakely |
Cafos: Plaguing North Carolina Communities of Color |
18 Sustainable Development Law & Policy Pol'y 4 (Fall, 2017) |
Law Review Articles and Other Secondary Sources |
|
Grocery shopping has become a foraging expedition through a market of lies. The coolers are stocked with milk cartons boasting pastoral scenes of cows grazing on verdant hills. Egg cartons are stamped all-natural. Sausage is neatly packaged in a tube and emblazoned with a red barn. But the origins of most meat and dairy products are far divorced... |
2017 |
| |
Casterlow-bey v. United States |
Not Reported in Fed. Supp., United States District Court, W.D. Washington, at Tacoma. (11/17/2017) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
This matter comes before the Court on the Report and Recommendation (R&R) of the Honorable Theresa L. Fricke, United States Magistrate Judge (Dkt. 5), and Plaintiff Gary Casterlow-Beys (Plaintiff) objections to the R&R (Dkt. 6). On October 10, 2017, Judge Fricke issued the R&R recommending that the Court dismiss... |
2017 |
| Harold A. McDougall |
Class Contradictions in the Civil Rights Movement: the Politics of Respectability, Disrespect, and Self-respect |
1 Howard Human & Civil Rights Law Review 45 (2016-2017) |
Law Review Articles and Other Secondary Sources |
|
C1-2CONTENTS Introduction. 45 I. The Role of Narrative in Human History. 46 II. Racism in the United States: Narrative and Counter-Narrative. 49 III. The Politics of Respectability. 50 IV. The Politics of Disrespect. 56 V. The Politics of Self-Respect. 60 A. The Black Nationalist Project. 61 B. Stories of Self-Respect. 64 VI. Facing The African-... |
2017 |
| Alejandro De La Fuente, Ariela Gross |
Concluding Thoughts: Boundary Crossings: Slavery and Freedom, Legality and Illegality, past and Present |
35 Law and History Review 119 (February, 2017) |
Law Review Articles and Other Secondary Sources |
|
This symposium issue is first and foremost about crossing boundaries. The people readers have met in these pages--enslavers and enslaved, traders and purchasers, abolitionists and insurrectionaries--were mobile, and their mobility had consequences. The slave traders who changed flags as they moved across international waters are only the most... |
2017 |
| Jennifer M. Green |
Corporate Torts: International Human Rights and Superior Officers |
17 Chicago Journal of International Law 447 (Winter, 2017) |
Law Review Articles and Other Secondary Sources |
|
Recent decisions by U.S. courts have attacked the ability of human rights victims to hold corporations accountable for their complicity in atrocities around the world. This Article argues that in the face of this attack, advocates and scholars have given insufficient attention to a potent strategy-- holding corporate officers liable. It examines... |
2017 |
| Lesley Wexler , Jennifer K. Robbennolt |
Designing Amends for Lawful Civilian Casualties |
42 Yale Journal of International Law 121 (Winter, 2017) |
Law Review Articles and Other Secondary Sources |
|
Introduction. 122 I. The Law and Practice of Condolence and Solatia. 128 A. International Law of Reparations. 129 1. Traditional Approach: No Individual Enforcement Rights. 132 2. New Developments. 132 3. The Unlawfulness Limitation on Reparations. 135 B. Domestic Provision of Condolence and Solatia. 139 1. Non-combat activities. 140 2. Combat... |
2017 |
| Taja-Nia Y. Henderson |
Dignity Contradictions: Reconstruction as Restoration |
92 Chicago-Kent Law Review 1135 (2017) |
Law Review Articles and Other Secondary Sources |
|
In 1867, in Rutherford County, Tennessee, W.H. Tilford initiated a legal action against Stephen Tilford (a former slave) to have Stephen declared legally insane. Records from the case indicate that Stephen had been charged with lunacy. Writing about the case, J.K. Nelson, an agent with the federal Bureau of Refugees, Freedmen, and Abandoned... |
2017 |
| Andrew S. Baer |
Dignity Restoration and the Chicago Police Torture Reparations Ordinance |
92 Chicago-Kent Law Review 769 (2017) |
Law Review Articles and Other Secondary Sources |
|
Focusing on a high-profile police torture scandal from 1970s and 1980s Chicago, this essay expands on Bernadette Atuahene's theory of dignity takings and dignity restoration by foregrounding the agency of dignity takers and dignity restorers. Section II summarizes Atuahene's model and reviews how scholars have borrowed, applied, and extended her... |
2017 |
| Ewa Kozerska , Piotr Stec |
Dignity Takings in Communist Poland: Collectivization and Slave Soldiers |
92 Chicago-Kent Law Review 1115 (2017) |
Law Review Articles and Other Secondary Sources |
|
The end of World War II meant huge political changes in Poland. The country-- whose population was decimated, whose elites were deliberately murdered, and whose government was exiled--became part of the Soviet Bloc. In other words, the country, crushed by the Nazi totalitarianism, became part of a communist totalitarian system. It is not our goal... |
2017 |
| Roxanna Altholz |
Elusive Justice: Legal Redress for Killings by U.s. Border Agents |
27 Berkeley La Raza Law Journal L.J. 1 (2017) |
Law Review Articles and Other Secondary Sources |
|
Since the 1990s, U.S. Customs and Border Protection (CBP) agents have killed approximately fifty Mexican and U.S. nationals along the U.S.-Mexico border. Many of the victims, including several teenagers, were unarmed and shot in the back. The vast majority of CBP agents have faced no criminal, civil, or disciplinary action for their conduct. This... |
2017 |
| Ezra Rosser |
Exploiting the Poor: Housing, Markets, and Vulnerability |
126 Yale Law Journal Forum 458 (4/3/2017) |
Law Review Articles and Other Secondary Sources |
|
Matthew Desmond's magisterial Evicted: Poverty and Profit in the American City is arguably the most important book about poverty in the United States in a generation. Just as Michael Harrington's The Other America provided the country with a necessary window onto the poverty lurking below the surface of the affluent society of post-war America, so... |
2017 |
| Stephen Carpenter |
Family Farm Advocacy and Rebellious Lawyering |
24 Clinical Law Review 79 (Fall, 2017) |
Law Review Articles and Other Secondary Sources |
|
This article reflects on how two particular aspects of rebellious lawyering-- work with community organizations and lay legal advocacy--might apply in the context of legal struggles on behalf of family farmers. Farm advocates, arising from the 1980s farm crisis, are non-lawyers who help other farmers address legal and other matters. Grass roots... |
2017 |
| Amber Daniels |
Felon Disenfranchisement: the Scarlet Label and its Deep Roots in Facilitating Vote Dilution in America |
11 Charleston Law Review 525 (Spring, 2017) |
Law Review Articles and Other Secondary Sources |
|
I. INTRODUCTION. 525 II. HISTORY OF FELON DISENFRANCHISEMENT. 529 A. Ancient, Medieval, and Colonial. 529 B. Post -Revolution and Post-Civil War. 531 III. LAWS GOVERNING FELON DISENFRANCHISEMENT. 532 B. Federal Circuit Cases and State Approaches. 535 C. International Law. 539 IV. THE RATIONALE SUPPORTING FELON DISENFRANCHISEMENT. 541 A. The... |
2017 |
| Alanna Doherty |
Filmic Contributions to the Long Arc of the Law: Loving and the Narrative Individualization of Systemic Injustice Or, Perfect Plaintiffs in an Imperfect Narrative: Perfectly Optimistic for an Imperfect Post-election World? |
50 Creighton Law Review 693 (June, 2017) |
Law Review Articles and Other Secondary Sources |
|
I. INTRODUCTION. 694 II. NARRATIVE IDEOLOGY IN FILM AND LAW. 694 III. LOVING REPACKAGES THE LOVINGS' HISTORIC CIVIL RIGHTS STRUGGLE AGAINST WIDER SYSTEMIC OPPRESSION AS A PERSONAL VICTORY WON BY TRIUMPHANT INDIVIDUALS THROUGH THE POWER OF LOVE. 698 A. Loving's Narrative Focus on the Family as the Reason to Allow Interracial Marriage Resembles... |
2017 |
| Navid Khazanei, Max J Andrucki |
First Amendment Homesickness, Second Amendment Homecoming: Hannah Arendt and 501(c) Militias |
11 Unbound: Harvard Journal of the Legal Left 54 (2017) |
Law Review Articles and Other Secondary Sources |
|
In this article we argue that Justice Kennedy, Citizens United's critics, and the modern pro-gun movement all share the same homesickness: a longing for the lost promises of the Framers' First Amendment. This ache was anticipated by refugee political philosopher Hannah Arendt, who longed not for her native Germany but for a post-revolutionary... |
2017 |
| |
Florida Resident Sentenced to Prison for Preparing Fraudulent Tax Returns |
DOJ 17-1034 (9/22/2017) |
Administrative Decisions & Guidance |
|
|
2017 |
| Adelle Blackett |
Follow the Drinking Gourd: Our Road to Teaching Critical Race Theory and Slavery and the Law, Contemplatively, at Mcgill |
62 McGill Law Journal 1251 (June, 2017) |
Law Review Articles and Other Secondary Sources |
|
And so the document or music . is not just the hidden transcript of repressed knowledge of alienation but is the reservoir of a certain knowledge of freedom. This short essay reflects on two recent pedagogical initiatives at McGill: the development of a regular, elective course on Critical Race Theory (CRT), and teaching Slavery and the Law as a... |
2017 |
| |
Former New York Resident Pleads Guilty to Filing Fraudulent Tax Returns |
DOJ 17-463 (4/26/2017) |
Administrative Decisions & Guidance |
|
|
2017 |
| |
Former New York Resident Pleads Guilty to Preparing False Tax Returns |
DOJ 17-116 (4/26/2017) |
Administrative Decisions & Guidance |
|
|
2017 |
| Carys J. Craig |
Globalizing User Rights-talk: on Copyright Limits and Rhetorical Risks |
33 American University International Law Review Rev. 1 (2017) |
Law Review Articles and Other Secondary Sources |
|
I. INTRODUCTION. 2 II. RIGHTS RHETORIC IN COPYRIGHT DISCOURSE. 9 A. The Rise of Authors' Rights. 9 B. The Demise of Fair Dealing. 12 C. The Rise of User Rights in Canada. 20 D. The Comparative and International Trajectory of Users' Rights. 26 III. THE ROLE AND RISKS OF USERS' RIGHTS. 42 A. The Problem with the Copyright Balance. 44 B. The Problem... |
2017 |
| |
Hawkbey v. Commissioner of Internal Revenue |
T.C. Memo. 2017-199, United States Tax Court. (10/10/2017) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
TAXATION - Additions to Tax. Tax Court would refrain from imposing frivolous position penalty, as it appeared to be taxpayer's first appearance before Court. |
2017 |
| Daniel I. Morales |
Illegal Migration Is Speech |
92 Indiana Law Journal 735 (Spring, 2017) |
Law Review Articles and Other Secondary Sources |
|
Noncitizens must comply with immigration laws just because citizens say so. The citizenry takes for granted its monopoly on immigration control, but the legitimacy of this arrangement has been called into question by cuttingedge political theorists. One prominent theorist argues, for example, that basic democratic principles require that... |
2017 |
| Katie Bales, University of Bristol, email: katie.bales@bristol.ac.uk |
Immigration Raids, Employer Collusion and the Immigration Act 2016 |
46 Industrial Law Journal 279 (July, 2017) |
Law Review Articles and Other Secondary Sources |
|
In July 2016 Immigration Enforcement (a branch of the Home Office) raided a number of Byron burger branches throughout London resulting in the arrest and detention of 35 Byron workers. Byron cooperated with the Home Office raid by helping to arrange arrest by appointment meetings for staff, informing workers that they had to attend health and... |
2017 |
| Chantal Thomas |
International Trade and African Heritage: the Cotton Story |
31 Temple International and Comparative Law Journal 225 (Spring, 2017) |
Law Review Articles and Other Secondary Sources |
|
How does race shape the laws and institutions that in turn shape the global political economy? Answering this question requires, first, situating the study of race relations in a global context. Second, it requires an examination of the economic aspects of race relations and racial justice. Finally, it requires the converse: an examination of the... |
2017 |
| Andrew Gilden |
Ip, R.i.p. |
95 Washington University Law Review 639 (2017) |
Law Review Articles and Other Secondary Sources |
|
Death is an inevitably disruptive event. When a famous artist or public figure dies, the fallout can be particularly complex and contentious. An artist's surviving family and close friends frequently seek privacy and solitude as they process a deeply personal loss, while millions of fans, by contrast, seek to widely share, rework, and celebrate the... |
2017 |
| |
Jarvis v. City of Alexandria |
Not Reported in Fed. Supp., United States District Court, E.D. Virginia, Alexandria Division. (6/22/2017) |
Cases |
As of January 6, 2020 case has not been reversed or overruled. |
This matter is before the Court on the Defendants request for a pre-filing injunction. [Dkt. 8.] For the following reasons, the Court will grant Defendants request and enter a pre-filing injunction against Plaintiff. The instant request for a pre-filing injunction arose after pro se Plaintiff Derek N. Jarvis (Plaintiff... |
2017 |
| David Blankfein-Tabachnick , Kevin A. Kordana |
Kaplow and Shavell and the Priority of Income Taxation and Transfer |
69 Hastings Law Journal L.J. 1 (December, 2017) |
Law Review Articles and Other Secondary Sources |
|
This Article rejects a central claim of taxation and private law theory, namely, Kaplow and Shavell's prominent thesis that egalitarian social goals are most efficiently achieved through income taxation and transfer, as opposed to egalitarian alterations in private law rules. Kaplow and Shavell compare the efficiency of rules of tort to rules of... |
2017 |
| Patrice L. Simms |
Leveraging Supplemental Environmental Projects: Toward an Integrated Strategy for Empowering Environmental Justice Communities |
47 Environmental Law Reporter News & Analysis 10511 (June, 2017) |
Law Review Articles and Other Secondary Sources |
|
Environmental justice communities are especially disadvantaged when it comes to direct community intervention in matters critical to their well-being. Opportunities may exist, however, to institutionalize resources for those communities' benefit. In particular, environmental enforcement actions could prove a reliable and effective conduit to access... |
2017 |
| Jenny S. Martinez, Lisa Surwillo |
Like the Pirate and the Slave Trader Before Him: Precedent and Analogy in Contemporary Law and Literature |
35 Law and History Review 81 (February, 2017) |
Law Review Articles and Other Secondary Sources |
|
The Mediterranean, central to the development of human civilization and lovingly celebrated in Euro-American historiography, from the viewpoint of human oppression has been a veritable vortex of horror for all mankind, especially for the Slavic and African peoples. The relationship was in no way accidental. The transportation of the enslaved... |
2017 |
| |
Loyola Law School Loyola Marymount University Center for the Study of Law & Genocide |
39 Loyola of Los Angeles International and Comparative Law Review 63 (Winter, 2017) |
Law Review Articles and Other Secondary Sources |
|
Professor Goldman: Hi, I'm Stan Goldman from Loyola Law School in Los Angeles, and I'm here in Del Rey Beach, Florida, at the home of Ben Ferencz, who's graciously allowed us to come in and ask him a few questions today, and also, discuss with him the Rafael Lemkin Award of which he is this year's recipient. Ben, how are you today? Ben Ferencz:... |
2017 |
| |
Memorandum |
(12/11/2017) |
Trial Court Documents |
|
Plaintiffs hereby incorporate the narrative set forth in the accompanying PLAINTIFFS' CONSOLIDATED ANSWERS TO THE PRELIMINARY OBJECTIONS TO PLAINTIFFS' SECOND AMENDED COMPLAINT, BY... |
2017 |
| |
Memorandum of Law in Support of Preliminary Objections on Behalf of Defendant, Dr. Jurij R. Bilyk, to Plaintiffss' Amended Complaint |
(7/26/2017) |
Trial Court Documents |
|
The Preliminary Objections of Defendant, Dr. Jurij R. Bilyk, to Plaintiffs' Amended Complaint. 1. Should Plaintiffs' allegations of a failure to obtain informed consent against Dr. Bilyk be... |
2017 |
| Julia Y. Lee |
Money Norms |
49 Loyola University Chicago Law Journal 57 (Fall, 2017) |
Law Review Articles and Other Secondary Sources |
|
Money norms present a fundamental contradiction. Norms embody the social sphere, a system of internalized values, unwritten rules, and shared expectations that informally govern human behavior. Money, on the other hand, evokes the economic sphere of markets, prices, and incentives. Existing legal scholarship keeps the two spheres distinct. Money is... |
2017 |
| Harriet Martineau |
Morals of Slavery |
21 Green Bag 47 (Autumn, 2017) |
Law Review Articles and Other Secondary Sources |
|
Harriet Martineau (1802-1876) was not an American, or a lawyer. She was British, and what we might call today a sociologist. But she was a devastatingly thoughtful and forceful critic of American law and society-- from race-based slavery in the South (as shown starting at page SO below) to religious bigotry in Boston. And she was a prominent... |
2017 |
| Richard Delgado |
Nonconformity in American Law and Life: How Much Do We Really Value Diversity? 2016 Meador Lecture |
68 Alabama Law Review 901 (2017) |
Law Review Articles and Other Secondary Sources |
|
Abstract. 902 Introduction. 902 I. Policing Identity in Street Encounters: The Case of The Indian Grandfather. 907 A. A Thought Experiment: President Wellington Takes a Late-Night Stroll Across Campus. 914 II. Policing Identity and Culture in Schools: Mexican-American Studies in Tucson, Arizona. 916 III. No Mas--Identity Politics and the War... |
2017 |
| Chris Kozak |
Originalism, Human Trafficking, and the Thirteenth Amendment |
11 Southern Journal of Policy and Justice 62 (Fall, 2017) |
Law Review Articles and Other Secondary Sources |
|
Human trafficking is often described as a form of modern slavery that violates the Thirteenth Amendment. Congress has passed an expansive scheme of civil and criminal human-trafficking legislation on the premises that human trafficking is a contemporary manifestation of slavery and that the Thirteenth Amendment gives the U.S. Government power... |
2017 |
| Paul S. Gillies, Esq. |
Palimpsests Ii: Roman Remains in Vermont Law |
43-SUM Vermont Bar Journal 14 (Summer, 2017) |
Law Review Articles and Other Secondary Sources |
|
The summer issue of the Vermont Bar Journal in 2014 included an essay, Palimpsests of the V.S.A.: Part I: The Old Testament. The essay promised a Part II would follow, analyzing the vestiges of Roman law in Vermont statutes and common law. The delay in fulfilling that promise was caused by many distractions, but largely the intimidation that... |
2017 |