AuthorTitleCitationDocument TypeStatusSummaryYear
  Hannon v. Holder Not Reported in F.Supp.3d, United States District Court, S.D. Ohio, Eastern Division. (3/25/2015) Cases As of January 6, 2020 case has not been reversed or overruled. Plaintiff, James Hannon, a non-prisoner pro se litigant, filed this action asking for leave to proceed in forma pauperis. Mr. Hannon qualifies financially for in forma pauperis status, so his motion for leave to proceed (Doc. 1) is granted. However, the Court will recommend that the complaint be dismissed for failure to state a claim upon which... 2015
Alan K. Chen , Justin Marceau High Value Lies, Ugly Truths, and the First Amendment 68 Vanderbilt Law Review 1435 (November, 2015) Law Review Articles and Other Secondary Sources   I. Introduction. 1437 II. Constitutional Doctrine: The Treatment of Lies as Expression. 1440 A. Lies as No Value Speech. 1441 B. Lies That May Be Prohibited Because of a Strong Government Interest. 1444 C. Lies That Are Protected in Order to Avoid Chilling (as Opposed to Generating) Truthful Speech. 1447 D. The Beginning of a New Era: Protecting... 2015
Federico Villegas Beltrán Human Rights in Argentina: its International Projection 43 International Journal of Legal Information 45 (Spring, 2015) Law Review Articles and Other Secondary Sources   The international law of human rights is a set of standards that each day increases the sphere of protection of our rights. But, how does one build a space of this nature? The response includes various actors: families and victims reporting and crying for justice, Human rights defenders, legal practitioners, government officials, international... 2015
Gabriel H. Rubinstein Hungry in the "Land of Pleasant Living": Combating the Effects of Baltimore's Food Deserts on Childhood Education Through Eminent Domain 15 University of Maryland Law Journal of Race, Religion, Gender and Class 386 (Fall 2015) Law Review Articles and Other Secondary Sources   In 1848, American reformer Horace Mann called education the great equalizer of the conditions of men--the balance wheel of the social machinery. Education by itself, however, has failed to bring equal socio-economic mobility to certain segments of the American population. A barrier to education emerges in low-income neighborhoods where children... 2015
Rebecca Tsosie Indigenous Peoples and the Ethics of Remediation: Redressing the Legacy of Radioactive Contamination for Native Peoples and Native Lands 13 Santa Clara Journal of International Law 203 (2015) Law Review Articles and Other Secondary Sources   Most readers probably paid little attention to the small entry in a local New Mexico newspaper on December 28, 2013: Uranium project on Navajo Nation gets green light. According to the article, Navajo lawmakers voted to grant a mining company permission to operate a demonstration uranium recovery project on lands within the Church Rock chapter... 2015
Asad G. Kiyani International Crime and the Politics of Criminal Theory: Voices and Conduct of Exclusion 48 New York University Journal of International Law & Politics 129 (Fall, 2015) Law Review Articles and Other Secondary Sources   For all the attention that critical scholars give to the enforcement of international criminal law (ICL), comparatively little is paid to the philosophy of criminal law on which the discipline rests. As a consequence, critical scholarship and perspectives are often dismissed as simply political or overly subjective, and thus tangential to the... 2015
Cindy S. Woods It Isn't a State Problem: the Minas Conga Mine Controversy and the Need for Binding International Obligations on Corporate Actors 46 Georgetown Journal of International Law 629 (Winter, 2015) Law Review Articles and Other Secondary Sources   After years of implacable neoliberal globalization, multinational corporations have moved from the periphery to the center of the international legal agenda. Human rights advocates have long called for greater corporate accountability in the international arena. The creation of the Global Compact in 2000, while aimed at fostering greater corporate... 2015
Tanya Washington Jurisprudential Ties That Blind: the Means to End Affirmative Action 2015 Harvard Journal on Racial and Ethnic Justice Online Online 1 (2015) Law Review Articles and Other Secondary Sources   For the past twenty-five years, policies and practices designed to address obstacles to educational opportunities, resulting from this nation's rich history of racial discrimination, have been losing popular appeal and legal ground. The promise of equal educational opportunity as a protected civil right that grounded the decision in Brown v. Board... 2015
Lisa J. Laplante Just Repair 48 Cornell International Law Journal 513 (Fall 2015) Law Review Articles and Other Secondary Sources   Just Repair offers, for the first time, a comprehensive account of the author's original theory of reparations for redressing atrocities. Responding to a gap in the literature concerning theoretical models for reparations, this novel theory aids governments in satisfying their international obligation to guarantee just repair for victims who have... 2015
André Bywater, Cordery, London, England Law Report: Modern Slavery Act and Consultation 28-SPG International Law Practicum 76 (Spring, 2015) Law Review Articles and Other Secondary Sources   The United Kingdom now has new legislation aimed at combatting slavery and human trafficking in the form of the Modern Slavery Act 2015 (the Act), which received Royal Assent on 26 March 2015. The Act consolidates and expands upon existing legislation, setting up a systematic approach to combatting modern slavery. The Act also imposes... 2015
Gary Peller Legal Education and the Legitimation of Racial Power 65 Journal of Legal Education 405 (November, 2015) Law Review Articles and Other Secondary Sources   Thank you for your invitation to talk with you today about how the recent uproar about police killings of African-Americans in Ferguson, Missouri, and across the country might connect to your experience in elite legal education-- what might Harvard Law School have to do with what is going on? I will talk about the way that racial justice is... 2015
Dr. Thomas Weatherall Lessons from the Alien Tort Statute: Jus Cogens as the Law of Nations 103 Georgetown Law Journal 1359 (June, 2015) Law Review Articles and Other Secondary Sources   This Note considers a judicial practice that identifies jus cogens as the law of nations by evaluating Alien Tort Statute jurisprudence. While it is generally accepted that a norm belonging to jus cogens is sufficient to fall within the jurisdictional scope of the Alien Tort Statute, this Note examines the stronger claim that jus cogens constitutes... 2015
Miranda Perry Fleischer Libertarianism and the Charitable Tax Subsidies 56 Boston College Law Review 1345 (September, 2015) Law Review Articles and Other Secondary Sources   Abstract: Despite libertarianism's political popularity, tax scholarship is largely silent about the interaction between libertarian principles and the structure of our tax system. To fill that gap, this Article mines the nuances of libertarian theory for insights into one feature of our tax system--the charitable tax subsidies--and finds some... 2015
Joseph R. Reisert Living Dogma 50 Tulsa Law Review 397 (Winter 2015) Law Review Articles and Other Secondary Sources   Justin Buckley Dyer, Slavery, Abortion, and the Politics of Constitutional Meaning (2013) Pp. 202. Paperback $29.99. David Lyons, Confronting Injustice: Moral History and Political Theory (2013). Pp. 256. Hardcover $60.00. If slavery is not wrong, nothing is wrong. When Abraham Lincoln wrote those words in April of 1864 to the editor of a... 2015
R.A. Lenhardt Marriage as Black Citizenship? 66 Hastings Law Journal 1317 (June, 2015) Law Review Articles and Other Secondary Sources   The narrative of black marriage as citizenship enhancing has been pervasive in American history. As we mark the fiftieth anniversary of the Moynihan Report and prepare to celebrate the 150 th anniversary of Thirteenth Amendment, this Article argues that this narrative is one that we should resist. The complete story of marriage is one that involves... 2015
Cortelyou C. Kenney Measuring Transnational Human Rights 84 Fordham Law Review 1053 (December, 2015) Law Review Articles and Other Secondary Sources   Over the past three and a half decades, hundreds of transnational human rights civil suits--i.e., suits seeking monetary compensation for atrocities committed abroad ranging from torture and extrajudicial killing to forced labor and human trafficking--have been filed in the United States. Exhaustive qualitative research chronicles plaintiff... 2015
  Motion of the Global Alliance for Preserving the History of Ww Ii in Asia for Leave to File Amicus Curiae Brief in Support of Defendants and Appellees, in Support of Affirmance (4/29/2015) Briefs   Pursuant to Federal Rules of Appellate Procedure 29, The Global Alliance for Preserving the History of WW II in Asia (Global Alliance) hereby respectfully requests leave to file the... 2015
Reginald C. Wisenbaker, Jr. Muslim Community Reparations 2 Savannah Law Review 391 (2015) Law Review Articles and Other Secondary Sources   Muslim Americans are often targets of ill-founded discrimination, hate, and suspicion. Through popular cultural portrayals, salacious media reporting, and targeted governmental policies, Muslim Americans suffer from discrimination because mainstream Islam has become improperly conflated with terrorism in the United States. Compounding the harm,... 2015
Ariela J. Gross Never Forget? Jewish Identity, History, Memory, Slavery and the Constitution 16 Rutgers Journal of Law & Religion 294 (Spring, 2015) Law Review Articles and Other Secondary Sources   People often ask me how I became interested in the topics I work on: the history of law, slavery, race and racism, and the relationship between our Constitution and the achievement of racial justice and equality. Sometimes what the questioner really means is, How did a nice white (Jewish) girl like you start writing about race? This essay will be... 2015
  Original Brief of Plaintiff-appellant, Walter Block (7/21/2015) Briefs   FN1. ROA.5-6. Neither complete diversity nor the amount in controversy was contested. FN2. ROA.414 & 415. FN3. ROA.417-18. 1. Did the District Court apply the correct standard of review... 2015
  Original Brief of Plaintiff-appellant, Walter Block (7/21/2015) Briefs   Appellant, Walter Block (Professor Block), respectfully requests oral argument. Professor Block believes oral argument will assist the Court in understanding and deciding the issues in... 2015
  Petition for a Writ of Certiorari (7/10/2015) Briefs   Frederick Greene, on behalf of himself and all others similarly situated, respectfully petitions for a Writ of Certiorari to review the judgment of the United States Court of Appeals for... 2015
Bill Quigley , Sara Godchaux Prisoner Human Rights Advocacy 16 Loyola Journal of Public Interest Law 359 (Spring 2015) Law Review Articles and Other Secondary Sources   I. Introduction II. A Human Rights Approach to Injustice III. Overview of United Nations Human Rights for Prisoners A. Protection of Prisoners from Torture and Mistreatment B. Guarantee of an Adequate Standard of Living and Conditions of Confinement C. Health and Healthcare Rights of Prisoners i. General Medical Services for Prisoners ii.... 2015
Gwendoline Alphonso Public & Private Order: Law, Race, Morality, and the Antebellum Courts of Louisiana, 1830-1860 23 Journal of Southern Legal History 117 (2015) Law Review Articles and Other Secondary Sources   In the summer of 1852, Mildred Ann Jackson, a good-looking quadroon who worked as a seamstress and hairdresser in New Orleans, broke through three doors to escape out of a negro yard. Jackson then disguised herself in male attire and successfully fled to France. In another instance, Charlotte Levy, a white woman, signed a lease in... 2015
Anthony V. Alfieri Redemption Songs: Suing for Freedom Before Dred Scott. By Lea Vandervelde. New York, New York: Oxford University Press, 2014. 305 Pages. $29.95. 93 Texas Law Review 1459 (May, 2015) Law Review Articles and Other Secondary Sources   And those poor people that lived down there on Washington, I mean, they caught the blues. They got it all. They got the smell, the fumes, excuse me the maggots, and everything else around there. It was just terrible around there. It was contaminated badly. --Jimmie Ingraham In 1834, twenty-three years before the United States Supreme Court's... 2015
Joshua Castellino Refereeing Boundaries: Why the World Needs the World Court 33 Wisconsin International Law Journal 427 (Winter 2015) Law Review Articles and Other Secondary Sources   Introduction. 428 I. The Lines, the Lines . . . They are Blurring . . .. 430 II. The Adjudication of Disputes: The Rules of the Game Thus Far. 438 A. Inviolability and Intangibility of Frontiers with Consent Required for Change.. 439 B. Uti Possidetis Juris & Terra Nullius. 439 C. Snap-shot or Critical Date. 441 D. Applicable Evidence,... 2015
Thalia González Reorienting Restorative Justice: Initiating a New Dialogue of Rights Consciousness, Community Empowerment and Politicization 16 Cardozo Journal of Conflict Resolution 457 (Winter, 2015) Law Review Articles and Other Secondary Sources   For the last three decades scholars have explored the practice of restorative justice as a crime control mechanism in a multitude of settings. Much of the discourse has focused on restorative justice as an alternative to traditional punitive and retributive criminal justice processes. Whether restorative or punitive, criminal justice processes that... 2015
Nickolas Kaplan Reparations Now!: Municipal Reparations, International Tribunals, and the Chicago Torture Justice Memorials Campaign 20 Public Interest Law Reporter 116 (Spring, 2015) Law Review Articles and Other Secondary Sources   Chicago is an epicenter of systemic anti-black state violence. The murder of Fred Hampton, the torture ring of Chicago Police Department Commander Jon Burge, and the domestic equivalent of CIA black site at Homan Square are just the tip of the iceberg. Almost 500 people have been killed by U.S. law enforcement in 2015 as of June 1, with the... 2015
Cameron Bell Repatriate . . . Then Compensate: Why the United States Owes Reparation Payments to Former Guantánamo Detainees 48 Loyola of Los Angeles Law Review 867 (Spring 2015) Law Review Articles and Other Secondary Sources   In late 2001, U.S. government officials chose Guantánamo Bay, Cuba, as the site to house the war on terror detainees. Since then, 779 individuals have been detained at Guantánamo. Many of the detainees have endured years of detention, cruel and degrading treatment, and for some, torture--conduct that violates well-established prohibitions against... 2015
  Response in Opposition to Prototype Engineering Defendants' Motion to Dismiss (2/9/2015) Trial Court Documents   COME NOW, Collette Carpenter, Individually and as Administrator of the Estate of Clayton O. Carpenter, deceased, Jon Ternstrom, Maria Ternstrom, Cameron Witzler, and Michelle Witzler... 2015
Nick J. Sciullo Richard Sherman, Rhetoric, and Racial Animus in the Rebirth of the Bogeyman Myth 37 Hastings Communications and Entertainment Law Journal (COMM/ENT) 201 (2015) Law Review Articles and Other Secondary Sources   I. Introduction. 201 II. The Richard Sherman Interview in Theory. 204 III. The Rhetoric of Black Danger. 206 IV. Racial Animus in Sports Media. 212 V. The Rebirth of the Bogeyman Myth. 220 A. The Legend of the Bogeyman; or, a Chance at Weak Ontology. 221 B. Francisco Goya y Que viene el Coco. 225 C. Wer Hat Angst Vorm Schwarzen Mann?. 227 VI.... 2015
Katrin B. Anacker Saving While Black: from the Freedman's Savings Bank, to Public Policy Missing in Action, to a New Downpayment Savings Product and Policy 34 Banking & Financial Services Policy Report 11 (December, 2015) Law Review Articles and Other Secondary Sources   In an article published in The Atlantic in June 2014, Ta-Nehisi Coates argued for the case of reparations. Two hundred fifty years of slavery. Ninety years of Jim Crow. Sixty years of separate but equal. Thirty-five years of racist housing policy. Until we reckon with our compounding moral debts, America will never be whole. Reparations would... 2015
Andreas Schloenhardt , Hannah Bowcock 'Sex Slaves' and Shrewd Business Women: the Role of Victim Consent in Trafficking in Persons in Australia 39 Melbourne University Law Review 592 (2015) Law Review Articles and Other Secondary Sources   This article explores and analyses the judicial treatment of victim consent in cases of trafficking in persons in Australia. Using available case law, this article examines how victim consent has been dealt with in the prosecution and sentencing of trafficking offenders, and how discussions of consent have, in certain cases, been used to undermine... 2015
Riccardo Pavoni, University of Siena Simoncioni v. Germany. Judgment No. 238/2014, Gazzetta Ufficiale (Spec. Ser.), No. 45, Oct. 29, 2014. Corte Costituzionale Della Repubblica Italiana, October 22, 2014 109 American Journal of International Law 400 (April, 2015) Law Review Articles and Other Secondary Sources   With Judgment No. 238/2014, the Italian Constitutional Court (hereinafter Court) quashed the Italian legislation setting out the obligation to comply with the sections of the 2012 decision of the International Court of Justice (ICJ) in Jurisdictional Immunities of the State (Germany v. Italy; Greece intervening) ( Jurisdictional Immunities or... 2015
Emily M.S. Houh Sketches of a Redemptive Theory of Contract Law 66 Hastings Law Journal 951 (May, 2015) Law Review Articles and Other Secondary Sources   This Article is about the game we call contract law and what it does and means to those who, at one time or another, have been categorically barred from play. How have outsider players -- such as racial minorities, women, and sexual minorities -- entered the game and, subsequently, how have its governing rules -- that is, contract doctrines --... 2015
Evan J. Criddle Standing for Human Rights Abroad 100 Cornell Law Review 269 (January, 2015) Law Review Articles and Other Secondary Sources   When may states impose coercive measures such as asset freezes, trade embargos, and investment restrictions to protect the human rights of foreign nationals abroad? Drawing inspiration from Hugo Grotius's guardianship account of humanitarian intervention, this Article offers a new theory of states' standing to enforce human rights abroad: under... 2015
  Tatum v. U.s. Not Reported in F.Supp.3d, United States District Court, E.D. Wisconsin. (7/8/2015) Cases As of January 6, 2020 case has not been reversed or overruled. The pro se plaintiff, who is incarcerated at the Wisconsin Secure Program Facility, filed a complaint on behalf of all African American Black people born in the United States. This matter comes before the Court on the plaintiff's petition to proceed in forma pauperis. He has been assessed and paid an initial partial filing fee of $3.71. The Court... 2015
Ayesha Bell Hardaway The Breach of the Common Law Trust Relationship Between the United States and African Americans: a Substantive Right to Reparations 39 New York University Review of Law and Social Change 525 (2015) Law Review Articles and Other Secondary Sources   You don't simply say I'm sorry to the man you've robbed. You return what you stole or your apology takes on a hollow ring. Introduction. 526 I. An Overview of African American Reparations Claims. 529 A. Waivers of Sovereign Immunity. 531 1. The Federal Tort Claims Act. 533 2. The Tucker Act. 533 B. Notable African American Reparations Claims.... 2015
Risa E. Kaufman The Bringing Human Rights Home Lawyers' Network: a Profile 41-DEC Human Rights 20 (December, 2015) Law Review Articles and Other Secondary Sources   Social justice lawyers in the United States have long engaged with the international human rights system to inform their U.S.-focused work. For example, building on the traditions of abolitionists, early women's rights advocates, and indigenous peoples, civil rights leaders in the post-war period employed human rights norms and mechanisms in their... 2015
Anthony Cook The Ghosts of 1964: Race, Reagan, and the Neo-conservative Backlash to the Civil Rights Movement 6 Alabama Civil Rights & Civil Liberties Law Review 81 (2015) Law Review Articles and Other Secondary Sources   I. Introduction. 81 II. Anatomy of a Backlash: Interest Alignment. 84 III. Anatomy of a Backlash: Constructing the Other . 89 IV. Anatomy of a Backlash: Revisionist Narrative. 96 A. Colorblind Justice. 97 B. Individual Merit. 101 C. American Exceptionalism. 104 V. Backlash, Reaganomics, and the Neo-Conservative movement. 107 A. The Neo-Cons. 109... 2015
Roger-Claude Liwanga The Meaning of "Gross Violation" of Human Rights: a Focus on International Tribunals' Decisions over the Drc Conflicts 44 Denver Journal of International Law and Policy 67 (Fall 2015) Law Review Articles and Other Secondary Sources   In December 2005, the International Court of Justice (ICJ) delivered a judgment on the case--between the Democratic Republic of the Congo (DRC) and Uganda--concerning Armed Activities on the Territory of the Congo, declaring that the killings, tortures, and destruction of properties of the DRC civilian population by Uganda and its army... 2015
Leonid A. Krasnozhon, Pedro A. Benitez, Walter E. Block The Privatization of Antarctica 6 Washington and Lee Journal of Energy, Climate, and the Environment 379 (2015) Law Review Articles and Other Secondary Sources   The seventh continent, Antarctica, is a no man's land in terms of economic development. This is not due to its harsh weather conditions. Parts of Alaska, Canada and Russia are almost equally inhospitable. Rather, this Article argues that Antarctica's economic isolation is the result of political paralysis and a lack of appreciation for private... 2015
Cheryl Nelson Butler The Racial Roots of Human Trafficking 62 UCLA Law Review 1464 (August, 2015) Law Review Articles and Other Secondary Sources   This Article explores the role of race in the prostitution and sex trafficking of people of color, particularly minority youth, and the evolving legal and social responses in the United States. Child sex trafficking has become a vital topic of discussion among scholars and advocates, and public outcry has led to safe harbor legislation aimed at... 2015
Joey L. Mogul The Struggle for Reparations in the Burge Torture Cases: the Grassroots Struggle That Could 21 Public Interest Law Reporter 209 (Symposium, 2015) Law Review Articles and Other Secondary Sources   On May 6, 2015, the City of Chicago passed unprecedented legislation providing reparations to Black people tortured by a former Chicago Police Commander and a ring of detectives under his command. This historic moment was the culmination of a forty-year struggle that involved decades of litigation, organizing and investigative journalism. It is... 2015
Dawinder S. Sidhu Threshold Liberty 37 Cardozo Law Review 503 (December, 2015) Law Review Articles and Other Secondary Sources   The Supreme Court's Thirteenth Amendment precedent is no longer sustainable. For starters, that precedent--which holds that the Amendment prohibits the badges and incidents of slavery, and that Congress has the power to rationally determine what constitutes a badge or incident of slavery-- raises serious federalism and separation of powers... 2015
Sir Franklin Berman KCMG Treaty-making Within the British Commonwealth 38 Melbourne University Law Review 897 (2015) Law Review Articles and Other Secondary Sources   The subject of this essay is treaty-making within the British Commonwealth. It can be seen as an outward projection onto the international scene of the subtle complexities of the constitutional relationships within the Commonwealth. It turns out on examination, moreover, to be so interestingly varied that this essay cannot do more than illuminate... 2015
  Venton v. Million Dollar Round Table Not Reported in F.Supp.3d, United States District Court, N.D. Illinois, Eastern Division. (6/16/2015) Cases As of January 6, 2020 case has not been reversed or overruled. Plaintiff, Marilyn Venton (Venton), filed a pro se complaint alleging employment discrimination based on race against defendant Million Dollar Round Table (MDRT). Venton alleges that MDRT failed to promote her, failed to stop harassment, and retaliated against her in violation of Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981.... 2015
Terry Smith White Backlash in a Brown Country 50 Valparaiso University Law Review 89 (Fall, 2015) Law Review Articles and Other Secondary Sources   I would like to honestly say to you that the white backlash is merely a new name for an old phenomenon . . . . It may well be that shouts of Black Power and riots in Watts and the Harlems and the other areas, are the consequences of the white backlash rather than the cause of them. Table of Contents I. Introduction. 90 II. Privilege as Addiction,... 2015
  1. Right of Publicity 2. Breach of Contract 3. Fraud by Concealment 4. Promissory Fraud 5. Breach of Good Faith the and Fair Dealings 6. Breach of Fiduciary Duty 7. Conspiracy 8. Unjust Enrichment 9. Icerd 10. Conversion 11. Accounting (8/5/2014) Trial Court Documents   Plaintiffs D.W. Hunter, and L. Evans Jr. on behalf of the Class of 15 Great Grandchild of Anna S. Harrington, Actress, a.k.a. (Aunt Jemima 1935-1955) hereby brings forth this Class Action... 2014
  4) Greene v. U.s. Dept. Of Educ. (7th Circuit) 2014 Bankruptcy Service Current Awareness Alert NL 4 (12/1/2014) Law Review Articles and Other Secondary Sources   Seventh Circuit holds that the governments claim for repayment of student loan debt was not a compulsory counterclaim in the debtors § 523(a)(8) action In 2005, debtor and his wife in Greene v. U.S. Dept. of Educ.[ ] filed for bankruptcy under Chapter 7 and obtained a discharge of all their debts except federal student loan debt of approximately... 2014
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