AuthorTitleCitationDocument TypeStatusSummaryYear
Mary Bosworth Penal Humanitarianism? Sovereign Power in an Era of Mass Migration 20 New Criminal Law Review 39 (Winter, 2017) Law Review Articles and Other Secondary Sources   Since creating the Returns and Reintegration Fund in 2008, the British government has financed a variety of initiatives around the world under the rubric of managing migration, blurring the boundaries between migration control and punishment. This article documents and explores a series of overlapping case studies undertaken in Nigeria and... 2017
D. Bruce Johnsen, Adam David Marcus Pension Forfeiture and Police Misconduct 14 Journal of Law, Economics & Policy Pol'y 1 (Fall, 2017) Law Review Articles and Other Secondary Sources   Empirical work on efficiency wages suggests that private sector defined benefit (DB) pension plans worked for many years to attract and retain high-quality workers. Critical to building and maintaining a high-quality workforce was the ability to terminate employees who revealed their low quality in the form of misconduct such as negligence,... 2017
Edward N. Tiesenga , Ryan Haught Piracy & Punishment 30 DCBA Brief Brief 8 (September, 2017) Law Review Articles and Other Secondary Sources   On April 8, 2009, a young Somali named Abduwali Abdukhadir Muse boarded the U.S.-flagged cargo ship Maersk Alabama in the Indian Ocean, in a bid to ransom Captain Richard Phillips and his crew in exchange for millions of dollars. What played out next established Muse's place in the dashing legacy of the Buccaneers who fought, stole, and killed... 2017
  Plaintiffs' Consolidated Answers to the Preliminary Objections to Plaintiffs' Second Amended Complaint, by Defendants, Thomas Jefferson University Hospitals, Inc. and Dan Ackerman, Md., Dr. Jurij Bilyk, City of Philadelphia T/a Wills Eye Hospital A/k/a Tr (12/11/2017) Trial Court Documents   On or about November 22, 2014 decedent reported to Wills Eye Emergency at Jefferson University Hospital (Wills Eye/Jefferson) to determine cause and treatment for a sudden partial vision... 2017
Derrick Darby , Richard E. Levy Postracial Remedies 50 University of Michigan Journal of Law Reform 387 (Winter, 2017) Law Review Articles and Other Secondary Sources   The Supreme Court's equal protection jurisprudence is decidedly postracial. The Court has restricted the Equal Protection Clause to intentional discrimination by the government, concluding that the Constitution does not prohibit private acts of discrimination and rejecting challenges based on disparate impact, even when rigorous statistical... 2017
David E. Bernstein Prevailing Wage Legislation and the Continuing Significance of Race 44 Journal of Legislation 154 (2017) Law Review Articles and Other Secondary Sources   Research on how twentieth-century government regulation of economic activity contributed to the oppression of African Americans has traditionally focused on Jim Crow legislation in the American South. More recently, scholars have documented the ways that other types of government regulation, ranging from federal and state labor laws to federal... 2017
Sarah Hanneken Principles Limiting Recovery Against Undercover Investigators in Ag-gag States: Law, Policy, and Logic 50 John Marshall Law Review 649 (Spring, 2017) Law Review Articles and Other Secondary Sources   I. INTRODUCTION. 649 II. BACKGROUND. 652 A. Undercover Investigations of Animal Industries. 652 1. History of Investigations. 653 2. Outcomes of Investigations. 657 B. Industry Response to Investigations. 658 1. Litigation. 659 2. Legislation: Ag-Gag Laws. 660 a. Purpose. 661 b. Varieties of Ag-Gag Legislation. 663 3. Ag-Gag Evolved. 666 III.... 2017
Adam Crepelle , Walter E. Block Property Rights and Freedom: the Keys to Improving Life in Indian Country 23 Washington and Lee Journal of Civil Rights and Social Justice 315 (Spring, 2017) Law Review Articles and Other Secondary Sources   American Indians are at the bottom of nearly every indicator of welfare and have been since the founding of the United States. The present paper focuses on but two of the causal agents: lack of private property rights and a dearth of economic freedom. Although addressing these issues will not solve all of Indian country's problems, strengthening... 2017
Andrea Freeman Racism in the Credit Card Industry 95 North Carolina Law Review 1071 (May, 2017) Law Review Articles and Other Secondary Sources   In a social and financial climate characterized by deep racial and socioeconomic divide, racism against credit card applicants and consumers is a core piece of the systemic inequality that perpetuates dramatic disparities in wealth, employment, health, and education. Over several decades, credit cards have evolved into an essential tool for lower-... 2017
Jeena Shah Rebellious Lawyering in Big Case Clinics 23 Clinical Law Review 775 (Spring, 2017) Law Review Articles and Other Secondary Sources   On the 25th anniversary of the publication of Gerald López's Rebellious Lawyering: One Chicano's Vision of Progressive Legal Practice, this article contemplates the need to incorporate rebellious lawyering in law reform and international human rights clinics, or as referred in this article, big case clinics. This article seeks to add to the... 2017
Viviana Krsticevic Remedies of the Inter-american Human Rights System 111 American Society of International Law Proceedings 261 (April 12-15, 2017) Law Review Articles and Other Secondary Sources   In this presentation, I would like to focus on the latest developments concerning remedies established by the Inter-American Human Rights System (IAHRS), and offer some suggestions to reform both the content of reparations as well as the Inter-American Court's process for supervising reparations. Since the first cases decided by the Inter-American... 2017
  Reply Brief of Plaintiff/appellant (7/5/2017) Briefs   Pursuant of Rule 26.1 of the Federal Rules of Appellate Procedure and the 6th Circuit R. 26.1, Plaintiff/Appellant makes the following disclosure: Plaintiff/Appellant John Isaac Harris is... 2017
  Reply Brief of Plaintiff-appellant, Walter Block (1/3/2017) Briefs   The NYTimes' legal strategy mirrors that used in its admittedly partisan newspaper. In addition to de-contextualizing quotations, this strategy consists of responding to substantive attack... 2017
  Reply Brief of Plaintiff-appellant, Walter Block (1/3/2017) Briefs   The NYTimes' legal strategy mirrors that used in its admittedly partisan newspaper. In addition to de-contextualizing quotations, this strategy consists of responding to substantive attack... 2017
Donald H.J. Hermann Restorative Justice and Retributive Justice: an Opportunity for Cooperation or an Occasion for Conflict in the Search for Justice 16 Seattle Journal for Social Justice 71 (Summer, 2017) Law Review Articles and Other Secondary Sources   For over a quarter of a century criminal punishment has emphasized the retributive as the principal justification with an emphasis on the degree of deprivation as a significant measure of the appropriate sanction. This approach has resulted in extended sentences for many offenders, as well as an increase in the population of incarcerated... 2017
Khaled A. Beydoun , Erika K. Wilson Reverse Passing 64 UCLA Law Review 282 (February, 2017) Law Review Articles and Other Secondary Sources   Throughout American history untold numbers of people have concealed their true racial identities and assumed a white racial identity in order to reap the economic, political, and social benefits associated with whiteness. This phenomenon is known as passing. While legal scholars have thoroughly investigated passing in its conventional form, the... 2017
  Ricchio v. Mclean 853 F.3d 553, United States Court of Appeals, First Circuit. (4/5/2017) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. LABOR AND EMPLOYMENT Human Trafficking. Alleged victim adequately alleged claim for forced labor under Trafficking Victims Protection Act against that motel owner and operators. 2017
Lahny R. Silva Ringing the Bell: the Right to Counsel and the Interest Convergence Dilemma 82 Missouri Law Review 133 (Winter, 2017) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction. 133 II. Judicial Decision-Making and the Interest Convergence Paradigm. 137 A. Overview of Existing Models. 138 B. Interest Convergence. 140 1. The Theory. 141 2. The Critique. 144 3. Use of the Frame. 147 III. Convergence: Powell and Gideon. 148 IV. Retrenchment, Divergence, and Effective Assistance of... 2017
Joseph M. Isanga Rule of Law and African Development 42 North Carolina Journal of International Law 729 (Spring, 2017) Law Review Articles and Other Secondary Sources   I. Introduction. 730 II. Rule of Law. 731 III. Surging African Economic Growth. 740 IV. Rule of Law and African Judicial Institutions. 741 A. Constitutive Act of the African Union. 741 B. Charter on Democracy, Elections, and Governance. 742 C. African Commissions, Organizations, and Courts. 744 1. African Commission on Human and Peoples' Rights.... 2017
  Second Amended Complaint Medical Malpractice Civil Rights (10/10/2017) Trial Court Documents   CIVIL TRIAL DIVISION 1. Plaintiff, The Estate of Raymond Wood (the Estate) is the estate of decedent and former plaintiff Raymond Wood (decedent), who died on November 30, 2016 after an... 2017
Anastasia M. Boles Seeking Inclusion from the Inside Out: Towards a Paradigm of Culturally Proficient Legal Education 11 Charleston Law Review 209 (Winter, 2017) Law Review Articles and Other Secondary Sources   I. INTRODUCTION. 210 II. NEED FOR LEGAL EDUCATORS TO BE CULTURALLY PROFICIENT. 219 A. Perspectives on the Need for Culturally Proficient Legal Instruction. 221 i. The Reform Canon and ABA Response. 222 ii. The Status Quo - White Administration and Faculty. 225 iii. Diverse Faculty. 228 iv. Law Students of Color. 232 v. Majority Law Students. 235... 2017
Antony Anghie Slavery and International Law: the Jurisprudence of Henry Richardson 31 Temple International and Comparative Law Journal 11 (Spring, 2017) Law Review Articles and Other Secondary Sources   In the planning and writing of my work, I had witnessed more than five hundred years of human history pass before my eyes. I had seen one slave ship after another from Portugal, Spain, France, Holland, England and the United States pile black human cargo into its bowels as it would coal or even gold had either been more available and profitable at... 2017
Karen Knop, Annelise Riles Space, Time, and Historical Injustice: a Feminist Conflict-of-laws Approach to the "Comfort Women" Agreement 102 Cornell Law Review 853 (May, 2017) Law Review Articles and Other Secondary Sources   After more than twenty years of worldwide feminist activism, transnational litigation, and diplomatic stalemate, on December 28, 2015, Japan and South Korea announced a historic agreement intended to provide closure to the so-called Comfort Women issue--the issue of what Japan must do to atone for the sexual enslavement of up to 200,000 women... 2017
Natasha Wheatley Spectral Legal Personality in Interwar International Law: on New Ways of Not Being a State 35 Law and History Review 753 (August, 2017) Law Review Articles and Other Secondary Sources   That spirits and gods, devils and idols, should be endowed with legal rights and enjoyments is again a practice as common as it seems to be ancient. Perhaps you will go to the length of saying that much the most interesting person that you ever knew was persona ficta. In May 1926, the German Society for International Law discussed the foundational... 2017
  Starks v. United States Slip Copy, United States District Court, District of Columbia. (10/19/2017) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the Court on its initial review of plaintiffs pro se complaint and application for leave to proceed in forma pauperis. The Court will grant the application and dismiss the complaint for lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(h)(3) (requiring the court to dismiss an action at any time... 2017
Eli Wald Success, Merit, and Capital in America 101 Marquette Law Review Rev. 1 (Fall, 2017) Law Review Articles and Other Secondary Sources   I. Introduction. 2 II. Success and Merit in America: A Case Study. 5 A. Stoner: A Synopsis. 5 B. Take I: William Stoner as the Embodiment of the American Dream. 10 C. Take II: Stoner as a Victim of Limited Social and Cultural Capital. 20 1. Are you my mentor? Are you my mentor?. 20 2. Navigating the academic swamp: Stoner and Lomax. 29 3. The king... 2017
Garrett Albert Duncan The "State of Black America" Challenging Conflicting Data, Principles, and Evidence Misconceptions 59 DRI For the Defense 12 (February, 2017) Law Review Articles and Other Secondary Sources   As Jason L. Riley unveiled at the 2016 DRI Annual Meeting, sometimes speakers will use improper data, misguided studies, and psychological damage imagery in their efforts to support their views. In his presentation and his writings, Jason Riley echoes W. E. B. DuBois (who, ironically, Riley assails in his work), who asked us to imagine what it is... 2017
William J. Aceves The Civil Redress and Historical Memory Act of 2029: a Legislative Proposal 51 University of Michigan Journal of Law Reform 163 (Fall, 2017) Law Review Articles and Other Secondary Sources   During the extant War on Terror, U.S. and foreign nationals who did not engage in hostilities were detained and mistreated abroad by the United States or by other countries with the acquiescence of the United States. These individuals were accused of being terrorists or were suspected of associating with terror groups, but they were, in fact,... 2017
Dr. Sami C. Nighaoui, Ph.D. The Color of Post-ethnicity: the Civic Ideology and the Persistence of Anti-black Racism 20 Journal of Gender, Race and Justice 349 (Spring, 2017) Law Review Articles and Other Secondary Sources   I. Introduction. 349 II. The Integrationist Illusion and the Myth of Racial Comity. 351 A. The Psychology of Anti-Black Racism. 354 B. The Culture of Anti-Black Racism. 360 III. African American Identity and U.S. Universalism: Denial and Dissent. 365 A. The African American as Anti-Citizen. 369 B. African Americans and the Civic Ideology:... 2017
Breanne J. Palmer The Crossroads: Being Black, Immigrant, and Undocumented in the Era of #Blacklivesmatter 9 Georgetown Journal of Law & Modern Critical Race Perspectives 99 (Spring, 2017) Law Review Articles and Other Secondary Sources   This paper discusses the detrimental, intersectional effects of immigration law and criminal law on Black immigrants, both with and without documentation. Anti-Black racism, deeply embedded in America's criminal law system, funnels Black immigrants into the criminal justice system, and subsequently into removal or other punitive immigration... 2017
The Honorable Carlos H. B. Haddad The Definition of Slave Labor for Criminal Enforcement and the Experience of Adjudication: the Case of Brazil 38 Michigan Journal of International Law 497 (Fall, 2017) Law Review Articles and Other Secondary Sources   Abstract: The paper examines the intersections and differences between slave labor as used in the Brazilian domestic sphere and slave labor as applied to international law. The former shows an approach centered on criminal law, as opposed to human rights law. This paper explains why degrading working conditions and debilitating workdays should... 2017
David Reiss The Federal Housing Administration and African-american Homeownership 26 Journal of Affordable Housing & Community Development Law 123 (2017) Law Review Articles and Other Secondary Sources   The United States Federal Housing Administration (FHA) has been a versatile tool of government since it was created during the Great Depression. It achieved success with some of its goals and had a terrible record with others. Its impact on African-American households falls, in many ways, into the latter category. The FHA began redlining African-... 2017
The Honorable Anna Blackburne-Rigsby The Importance of a Diverse Judiciary to Closing the Historic "Health" Gap Between Blacks and Whites, and President Obama's Legacy 60 Howard Law Journal 641 (Spring, 2017) Law Review Articles and Other Secondary Sources   INTRODUCTION. 642 I. WHY IS DIVERSITY IN THE COURTS IMPORTANT?. 643 II. THE HEALTH GAP BETWEEN BLACKS AND WHITES. 648 A. Introduction. 648 B. Slavery, the Constitution, and the Beginnings of the Health Gap. 650 C. The Separate but (Not) Equal Doctrine. 653 D. Simkins v. Moses H. Cone Memorial Hospital and the Civil Rights Act of 1964. 656 E.... 2017
Erica L. Sieg The Land of the Free?: the Allow Act and Economic Liberty from Occupational Licensing 24 Washington and Lee Journal of Civil Rights and Social Justice 261 (Fall, 2017) Law Review Articles and Other Secondary Sources   C1-2Table of Contents I. Introduction. 261 II. Occupational Regulation: Classification, History, Benefits, and Repercussions. 266 A. What is Occupational Licensing?. 268 B. Origins of Occupational Licensing. 274 C. The History of Free Market Theory and Occupational Licensing's Influences. 277 D. Who Feels the Effects of Occupational Licensing?. 280... 2017
Nicholas Mignanelli The Life and Legacy of Professor Calvin R. Massey: a Select Annotated Bibliography 68 Hastings Law Journal 795 (May, 2017) Law Review Articles and Other Secondary Sources   Professor Calvin R. Massey served on the faculty of the University of California, Hastings College of the Law from 1987 until 2012. From 2012 until his death in 2015, he served as the inaugural Daniel Webster Distinguished Professor of Law on the faculty of the University of New Hampshire School of Law. A noted constitutional law and property... 2017
Rajika L. Shah The Making of California's Art Recovery Statute: the Long Road to Section 338(c)(3) 20 Chapman Law Review 77 (Winter, 2017) Law Review Articles and Other Secondary Sources   In 2015, the Western Prelacy of the Armenian Apostolic Church of America reached an historic, amicable settlement with the J. Paul Getty Museum regarding ownership and possession of eight valuable illuminated manuscript pages that had been secretly cut out of a medieval Armenian Gospel book during the Armenian genocide in 1915-1923. The pages... 2017
David Schlussel The Mellow Pot-smoker: White Individualism in Marijuana Legalization Campaigns 105 California Law Review 885 (June, 2017) Law Review Articles and Other Secondary Sources   Recreational marijuana is now legal in several states as a result of ballot initiative campaigns. A number of campaigns have framed marijuana legalization using what this Note calls white individualism. They have put forth messages and images to implicitly suggest that white, hardworking, middle-class marijuana consumers are deserving... 2017
Renée Ann Cramer, Law, Politics and Society, Drake University The Myth of the Litigious Society: Why We Don't Sue. By David Engel. Chicago: University of Chicago Press, 2016 51 Law and Society Review 1011 (December, 2017) Law Review Articles and Other Secondary Sources   This is a book to be grateful for. It is a joy to teach, and a well-argued corrective to previous ways of thinking about responses to injury. It is a humane and compassionate text, bringing attention to the embodied and emotional experiences of injury, and the role that these experiences play in channeling the reactions of those in pain, those who... 2017
Kenneth L. Lewis, Jr. The Naimbian Holocaust: Genocide Ignored, History Repeated, Yet Reparations Denied 29 Florida Journal of International Law 133 (April, 2017) Law Review Articles and Other Secondary Sources   I. Introduction. 134 II. The Namibian Holocaust. 136 III. The Annihilation of the Indigenous Namibian People Was Unlawful Under International Law, Treaties, and Conventions. 138 A. Germany Violated Customary International Law. 138 B. Germany Violated the 1899 Hague Convention. 139 IV. Germany's Reasons for not Compensating the Namibian People Are,... 2017
Ariela J. Gross, Chantal Thomas The New Abolitionism, International Law, and the Memory of Slavery 35 Law and History Review 99 (February, 2017) Law Review Articles and Other Secondary Sources   Today, millions of migrant workers, some of them caught in debt bondage, some victims of fraud or forced migration, and others simply desperate for a better, life elsewhere but instead finding themselves working for below subsistence wages or no pay at all, could be called modern-day slaves. Campaigns to end modern-day slavery have taken many... 2017
Mari Matsuda The next Dada Utopian Visioning Peace Orchestra: Constitutional Theory and the Aspirational 62 McGill Law Journal 1203 (June, 2017) Law Review Articles and Other Secondary Sources   I. I Made An Orchestra 1204 II. There Are Two Kinds of People 1205 A. The Personal is the Political 1206 B. The Tool in Your Hand 1209 III. Art and Constitutional Theory: Who Is This Constitution For? 1210 IV. The Imperative of Big Change 1215 V. The Utopian Constitution 1217 VI. Art as a Right 1230 VII. Problematizing Art as a Right 1 239 VIII.... 2017
  The Nuremberg Symposium an International Legal Symposium on the Nuremberg Laws & the Nuremberg Trials 39 Loyola of Los Angeles International and Comparative Law Review 319 (Winter, 2017) Law Review Articles and Other Secondary Sources   Professor Elie Wiesel, Nobel Laureate and esteemed survivor of the Holocaust, served as Honorary Chairman for The Nuremberg Symposium. His recent passing has left an irreplaceable void. His vision, wisdom, and voice were indeed the moral compass of the world. May his memory serve as a blessing. Welcome, Introductions and Overview. 324 Professor... 2017
Andy Loo , Walter Block The Political Philosophy of Impersonation: a Libertarian Analysis 36 Journal of Law and Commerce 45 (Fall, 2017) Law Review Articles and Other Secondary Sources   Impersonation is a criminal act; it constitutes invasion and, in some cases, fraud. Although often associated with the term identity theft, impersonation is primarily a violation of the rights of the recipient of the communication, rather than that of the person being impersonated, whose rights are only sometimes violated. The present paper is... 2017
Kelsey Gasseling The Threads of Justice: Economic Liberalization and the Secondhand Clothing Trade Between the United States and Haiti 58 Boston College Law Review 1279 (September, 2017) Law Review Articles and Other Secondary Sources   Abstract: After World War II, as economic liberalization spread across the globe through international negotiations like the General Agreement on Tariffs and Trade, so too did used clothing. Though many proponents of the trade laud its capacity to create employment opportunities in less developed countries, critics suggest it has a more insidious... 2017
Michael J. Bazyler , Rajika L. Shah The Unfinished Business of the Armenian Genocide: Armenian Property Restitution in American Courts 23 Southwestern Journal of International Law 223 (2017) Law Review Articles and Other Secondary Sources   Abstract: Because of its striking success, the modern Holocaust restitution movement was initially seen as a model for other victim groups seeking compensation in American courts for financial injustices committed on a large scale by public entities and complicit private actors during a genocide or other mass atrocities. Lawyers seeking restitution... 2017
Danushka S. Medawatte The Vanishing Act: Punishing and Deterring Perpetrators Through the Concurrent Application of Diverse Legal Regimes to Enforced Disappearances 29 Florida Journal of International Law 227 (August, 2017) Law Review Articles and Other Secondary Sources   I. Introduction. 227 II. Forcible Disappearances as a Method of Warfare. 230 III. Enforced Disappearances Committed by Private Persons and Non-State Actors. 233 IV. Enforced Disappearances as Continuing Crimes. 235 V. Enforced Disappearances as a Crime Against Humanity. 237 VI. Invocation of Universal Jurisdiction to Try Cases of Enforced... 2017
Michael L. Perlin , Heather Ellis Cucolo Tolling for the Aching Ones Whose Wounds Cannot Be Nursed: the Marginalization of Racial Minorities and Women in Institutional Mental Disability Law 20 Journal of Gender, Race and Justice 431 (Summer, 2017) Law Review Articles and Other Secondary Sources   I. Introduction. 431 II. Race, Gender, and Civil Commitment. 435 III. A Consideration of Institutional Issues. 446 IV. Four Factors. 451 A. Sanism. 451 B. Pretextuality. 452 C. Heuristics. 452 D. False Ordinary Common Sense. 453 E. The Keys to Future Progress. 453 V. Therapeutic Jurisprudence. 454 I. Conclusion. 457 2017
  United Kingdom 2016 Human Rights Report (3/1/2017) Administrative Decisions & Guidance     2017
Vladislava Stoyanova United Nations Against Slavery: Unravelling Concepts, Institutions and Obligations 38 Michigan Journal of International Law 359 (Fall, 2017) Law Review Articles and Other Secondary Sources   Introduction. 360 I. The Historical Account. 365 II. The United Nations Era. 373 A. The Universal Declaration of Human Rights. 373 B. The Supplementary Slavery Convention. 376 C. The United Nations Working Group on Contemporary Forms of Slavery. 379 III. The United Nations Special Rapporteur on Slavery. 381 A. Thematic Reports. 383 B. Country... 2017
Vikram David Amar Why I So Enjoyed Learning with and from Calvin Massey 15 University of New Hampshire Law Review 259 (February, 2017) Law Review Articles and Other Secondary Sources   I am pleased and proud to participate in this tribute to Calvin Massey, with whom I had the pleasure to work and play for about two decades. When I think of Calvin--and I think of him often--I think of a generous friend, a gregarious colleague and a genuinely good man. He possessed many admirable traits, but today I want to focus on three: (1) his... 2017
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