AuthorTitleCitationDocument TypeStatusSummaryYear
  Davis v. U.s. Not Reported in F.Supp.2d, United States District Court, N.D. California, San Francisco Division. (5/21/2012) Cases As of January 6, 2020 case has not been reversed or overruled. Plaintiff Jimmy Lee Davis moves to proceed in forma pauperis (IFP) under 28 U.S.C. § 1915. Dkt. No. 3. As this Court does not have the authority to make a dispositive ruling in this case because the parties have not consented to its jurisdiction under 28 U.S.C. § 636(c), the Court orders that this case be REASSIGNED to a District Judge. The Court... 2012
  Davis v. U.s. Not Reported in F.Supp.2d, United States District Court, N.D. California. (7/12/2012) Cases As of January 6, 2020 case has not been reversed or overruled. The Court has reviewed Pro Se Plaintiff Jimmy Lee Davis's Complaint, Dkt. No. 1, Plaintiff's Motion for Leave to Proceed in Forma Pauperis, Dkt. No. 3, and Magistrate Judge Nathanael Cousins' Referral With Recommendation to Dismiss Complaint With Prejudice, Dkt. No. 5, to which no party filed an objection. Judge Cousins recommends that Plaintiff's... 2012
  Defendant Tv One Llc's Memorandum of Points and Authorities in Opposition to Plaintiffs' Motion for Preliminary Injunction (12/6/2012) Trial Court Documents   Plaintiffs' Motion centers on the alleged copyright infringement of Plaintiffs' recently copyrighted intellectual property. Plaintiffs allege that for approximately thirteen years, they... 2012
  Defendant Tv One, Llc's Reply in Support of Renewed Motion to Dismiss or to Strike the Complaint (12/13/2012) Trial Court Documents   FN1. Plaintiffs devote almost four pages to a discussion of the low bar set by Federal Rule of Civil Procedure 8 at the Rule 12 motion stage. Opp. at 1-4. Despite this low burden, however,... 2012
Jennifer Mason McAward Defining the Badges and Incidents of Slavery 14 University of Pennsylvania Journal of Constitutional Law 561 (February, 2012) Law Review Articles and Other Secondary Sources   Most agree that Section 2 of the Thirteenth Amendment empowers Congress to legislate regarding the badges and incidents of slavery. Few, however, have explored in depth the precise meaning of this concept. The goal of this Article is to provide a historical and conceptual framework for interpreting and identifying the badges and incidents of... 2012
Anita Bernstein Diversity May Be Justified 64 Hastings Law Journal 201 (December, 2012) Law Review Articles and Other Secondary Sources   What about diversity as a rationale for affirmative action is compelling enough to justify the hurts it inflicts on individuals? Judges, legislators, public opinion, and implementers of diversity programs in education and the workforce have defended their initiatives either with vague, anodyne, ill-founded paeans or, more often, with silence about... 2012
Carlton Waterhouse Dr. King's Speech: Surveying the Landscape of Law and Justice in the Speeches, Sermons, and Writings of Dr. Martin Luther King, Jr. 30 Law & Inequality: A Journal of Theory and Practice 91 (Winter 2012) Law Review Articles and Other Secondary Sources   The belief that an essential relationship exists between law and justice has been recognized since the time of the ancient Greeks. In fact, the concept extends well beyond Western philosophy and jurisprudence. Distinct from other aspects of justice, the relationship between law and justice considers the nature of law and its dictates, as well as... 2012
Philip White Jr., J.D. Exceptions to Jurisdictional Immunity of Foreign States and Their Property under Foreign Sovereign Immunities Act of 1976 (28 U.s.c.a. § 1605(a)(2))-commercial Activity Elsewhere with Direct Effect in United States Not Found under Standard Adopted in Repu 63 American Law Reports ALR Federal 2d 2012) Law Review Articles and Other Secondary Sources   The third clause of the commercial activity exception in the Foreign Sovereign Immunities Act of 1976 (28 U.S.C.A. § 1605(a)(2)) provides that a foreign state will not enjoy sovereign immunity in federal or state courts where the action is based upon an act outside the U.S. territory in connection with the foreign state's commercial activity... 2012
Jennifer Anglim Kreder Fighting Corruption of the Historical Record: Nazi-looted Art Litigation 61 University of Kansas Law Review 75 (October, 2012) Law Review Articles and Other Secondary Sources   For the first time in history, restitution may be expected to continue for as long as works of art known to have been plundered during a war continue to be rediscovered. --Ardelia R. Hall Over the years, with a few praiseworthy exceptions, U.S. courts have dismissed many claims to recover Nazi-looted art on technical grounds, causing distortion of... 2012
Richard Delgado Four Reservations on Civil Rights Reasoning by Analogy: the Case of Latinos and Other Nonblack Groups 112 Columbia Law Review 1883 (November, 2012) Law Review Articles and Other Secondary Sources   The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime... 2012
Tina Dolgopol Gender, Shame and Sexual Violence: the Voices of Witnesses and Court Members at War Crimes Tribunals by Sara Sharratt (Farnham, Uk: Ashgate, 2011) 196 Pages. Price £55.00 (Hardcover) Isbn 9781409419990 13 Melbourne Journal of International Law 879 (November, 2012) Law Review Articles and Other Secondary Sources   Although the concept of the rule of law is inextricably tied to the promotion of human rights, there remain serious questions about the law's ability to give or bring about justice after mass atrocity. Successive generations of women both domestically and internationally have highlighted the problems they face when they encounter the justice system... 2012
Eric M. Khodadian Genocide and Insurance: a Review of Movsesian v. Victoria Versicherung Ag 21 Southern California Review of Law & Social Justice 245 (Winter 2012) Law Review Articles and Other Secondary Sources   In Franz Kafka's parable, Before the Law, an imposing gatekeeper keeps out a man who prays for admittance to the Law. The man asks whether he would be let in later and the gatekeeper responds, It is possible . . . but not at the moment. The man waits. Days turn into years. The man sells all of his property to bribe the gatekeeper who... 2012
Sarah Jane Forman Ghetto Education 40 Washington University Journal of Law & Policy 67 (2012) Law Review Articles and Other Secondary Sources   Introduction. 67 I. Of Founders and Freemen. 70 A. Ye Olde Deluder Satan. 71 B. Dreams of Our Fathers. 82 II. Brown, Interrupted. 89 A. The New Separate and Unequal. 92 B. The Pedagogy of Punishment. 97 C. The Kids Don't Stand a Chance. 101 III. Education Equality. 106 A. A Fundamental Right to Education. 108 B. Repeal NCLB. 113 Conclusion. 114 We... 2012
Alfred L. Brophy Go White, Young Man 65 Vanderbilt Law Review En Banc Banc 1 (1/30/2012) Law Review Articles and Other Secondary Sources   Daniel J. Sharfstein, The Invisible Line: Three American Families and the Secret Journey from Black to White (Penguin Press, 2011). Our nation's struggle with race is now about one-third of a millennium long. So there is a lot for Daniel Sharfstein's epic work of American history, The Invisible Line, to engage as it sweeps across centuries--from... 2012
  Government's Response to Defendant's Motion to Vacate Judgment of Conviction and Sentence (7/16/2012) Trial Court Documents   (1) government witness, Arnold Smith, allegedly lied under oath; (2) counsel was ineffective for not subpoenaing notary records from SCI-Pittsburgh, and for not securing a speedy trial as... 2012
  Greene v. U.s. Dept. Of Educ. Not Reported in F.Supp.2d, United States District Court, N.D. Indiana, Hammond Division. (9/26/2012) Cases As of January 6, 2020 case has not been reversed or overruled. This is an action filed by Frederick Vaughn Greene, Plaintiff, against the U.S. Department of Education, Defendant. Plaintiff claims that he was prevented from rehabilitating or deferring his student loan and that the government has violated his rights under the Thirteenth, Fourteenth, and Fifteenth Amendments. (Pl.'s Compl. at 1.) Plaintiff also... 2012
Amy J. Sepinwall Guilty by Proxy: Expanding the Boundaries of Responsibility in the Face of Corporate Crime 63 Hastings Law Journal 411 (January, 2012) Law Review Articles and Other Secondary Sources   The BP oil spill and financial crisis share in common more than just profound tragedy and massive clean-up costs. In both cases, governmental commissions have revealed widespread wrongdoing by individuals and the entities for which they work. The public has demanded justice, yet the law enforcement response in both cases has been underwhelming. In... 2012
  Hamilton v. U.s. Not Reported in F.Supp.2d, United States District Court, E.D. Texas, Beaumont Division. (2/9/2012) Cases As of January 6, 2020 case has not been reversed or overruled. The District Court referred this civil action to the undersigned United States Magistrate Judge, at Beaumont, Texas, for determination of non-dispositive pretrial matters and the entry of findings of fact and recommended disposition on case-dispositive matters pursuant to 28 U.S.C. § 636 and the Local Rules for the United States District Court... 2012
  Hawk-bey v. U.s. 477 Fed.Appx. 864, United States Court of Appeals, Third Circuit. (4/20/2012) Cases As of January 6, 2020 case has not been reversed or overruled. GOVERNMENT - Jurisdiction. Action against United States presented nonjusticiable political questions. 2012
Michele Park Sonen Healing Multidimensional Wounds of Injustice Intersectionality and the Korean "Comfort Women" 22 Berkeley La Raza Law Journal 269 (2012) Law Review Articles and Other Secondary Sources   On a frigid January day in 2010, Yi Ok Sun and fellow Korean comfort women survivors marched in protest outside the Japanese Embassy in Seoul. Every Wednesday since 1992, through the many unforgiving winters and the relentless summers, survivors - who are now in their seventies and eighties - supporters, and activists march, demanding... 2012
Shaba N. Nassar How African-americans Can Better Maneuver in the Labor Market to Close the Black-white Employment and Income Gaps 4 Georgetown Journal of Law & Modern Critical Race Perspectives 191 (Fall, 2012) Law Review Articles and Other Secondary Sources   A family's well-being and the opportunities of its children are influenced by factors such as income, education, and occupation. American families, however, often ignore the influence of wealth on the economic opportunities available to them. The country is becoming increasingly stratified with 40% of total income going to the wealthiest 10% of... 2012
Richard Frankel Illegal Emigration: the Continuing Life of Invalid Deportation Orders 65 SMU Law Review 503 (Summer 2012) Law Review Articles and Other Secondary Sources   Federal appeals courts overturn more than one thousand deportation orders every year. A significant number of those reversals involve non-citizens who are abroad because they have been deported as a result of losing their cases at the administrative level. Although an order overturning a deportation order ordinarily restores non-citizens to their... 2012
  In the European Court of Human Rights (Grand Chamber) 32 Polish Yearbook of International Law 346 (2012) Law Review Articles and Other Secondary Sources   Interveners: Human Rights Centre Memorial, Moscow European Human Rights Advocacy Centre, London Essex Transitional Justice Network School of Law, University of Essex 1. On 19 December 2012, the President of the Grand Chamber granted leave to the Human Rights Centre Memorial, the European Human Rights Advocacy Centre and the Essex Transitional... 2012
Ian Haney-López Intentional Blindness 87 New York University Law Review 1779 (December, 2012) Law Review Articles and Other Secondary Sources   Since the early 1970s, the Fourteenth Amendment's emancipatory potential has dramatically eroded, with rapid plunges followed by ever-lower plateaus. In 2007, we entered another cycle of precipitous devolution. Today, this latest drop seems to be accelerating along two supposedly distinct tracks: intent doctrine and colorblindness. Ostensibly, the... 2012
Lorraine K. Bannai Introduction: the 25th Anniversary of the United States v. Hirabayashi Coram Nobis Case: its Meaning Then and its Relevance Now 11 Seattle Journal for Social Justice Just. 1 (Summer, 2012) Law Review Articles and Other Secondary Sources   On February 11, 2012, we gathered to remember an extraordinary man, Gordon Hirabayashi, and his successful, decades-long, fight for justice. During World War Il, Gordon, then a 22-year-old college student, chose to defy the curfew and exclusion orders that culminated in the mass incarceration of over 110,000 West Coast Japanese Americans. In one of... 2012
Michael P. Scharf , Maria Szonert-Binienda Justice Delayed or Justice Denied? Report of the Cleveland Experts' Meeting 44 Case Western Reserve Journal of International Law 535 (2012) Law Review Articles and Other Secondary Sources   I. Introduction. 536 II. Characterization of the Katyn Crime. 538 III. Accountability for the Katyn Crime. 539 IV. Reconciliation Through Disclosure, Dissemination & Accountability. 541 A. USSR/Russian Federation. 541 B. The United States. 544 V. Remedies at the Governmental Level. 546 A. Poland. 546 1. Prosecution for the Katyn Crime. 546 2.... 2012
Jan Arno Hessbruegge , Human Rights Officer for Legal Advocacy, Executive Office of the U.N. High Commissioner for Human Rights Justice Delayed, Not Denied: Statutory Limitations and Human Rights Crimes 43 Georgetown Journal of International Law 335 (Winter, 2012) Law Review Articles and Other Secondary Sources   From the vantage point of morality and sound legal policy, time bars should not apply to the prosecution of human rights crimes or related reparation claims. Under the civil law tradition, however, even the most serious crimes have traditionally been subject to prescription. In common law systems, statutes of limitations have posed a major obstacle... 2012
Tommie Shelby Justice, Work, and the Ghetto Poor 6 Law & Ethics of Human Rights 70 (December, 2012) Law Review Articles and Other Secondary Sources   In view of the explanatory significance of joblessness, some social scientists, policymakers, and commentators have advocated strong measures to ensure that the ghetto poor work, including mandating work as a condition of receiving welfare benefits. Indeed, across the ideological political spectrum, work is often seen as a moral or civic duty and... 2012
William J. Stuntz Law and Grace 98 Virginia Law Review 367 (April, 2012) Law Review Articles and Other Secondary Sources   TWO metaphorical wars have defined American politics and American law over the last generation: the culture war and the war on crime--in particular, drug crime. Aside from the fact that these two non-wars have been misnamed, they seem to have little in common. One is about abortion and gay rights, the other is about crack and crystal meth. The key... 2012
Charles Lawrence III Listening for Stories in All the Right Places: Narrative and Racial Formation Theory 46 Law and Society Review 247 (June, 2012) Law Review Articles and Other Secondary Sources   I will tell you something about stories, . they are all we have . to fight off illness and death. --Leslie Marmon Silko, Ceremony The editors of the Law & Society Review bestow a great honor in asking me to reflect on Professor Laura Gómez's presidential address. They also provide an occasion for significant feelings of pride. I taught Professor... 2012
Frances Simmons Making Possibilities Realities: Compensation for Trafficked People 34 Sydney Law Review 511 (September, 2012) Law Review Articles and Other Secondary Sources   The issue of compensation for victims of trafficking in Australia has been neglected. Since 2003, Australia has invested more than AU$84 million in anti-people trafficking measures. The victims of trafficking who have obtained compensation, however, can be counted on one hand. This article explores the obstacles to and opportunities for claiming... 2012
  Memorandum of Law in Support of the Motion of Defendant Rail Cargo Hungaria Zrt. To Dismiss the Complaint (10/30/2012) Trial Court Documents   FN1. See the motion of RCH's sovereign co-defendants on this issue, which RCH hereby joins in and adopts. FN2. The Kiobel decision may also impact the defendants' FNC motion. FN3. RCH... 2012
  Memorial for Respondent 19 ILSA Journal of International and Comparative Law 191 (Fall, 2012) Law Review Articles and Other Secondary Sources   TEAM 560R C1-3Table of Contents L1-2Table of Contents . L3192 L1-2Index of Authorities . L3194 L1-2Statement of Jurisdiction . L3204 L1-2Questions Presented . L3205 L1-2Statement of Facts . L3206 L1-2Summary of Pleadings . L3210 L1-2Pleadings . L3212 I. The Court is without jurisdiction over the Applicant's claims, since the Andler regime and its... 2012
Sudha Setty National Security Interest Convergence 4 Harvard National Security Journal 185 (2012) Law Review Articles and Other Secondary Sources   Over a decade after the attacks of September 11, 2001, lawmakers, scholars, activists, and policy makers continue to confront the questions of whether and to what extent robust counterterrorism laws and policies should be reined in to protect against the abuse of civil rights and the marginalization of outsider groups. This Article uses political... 2012
Michael A. Livingston Never Again . What? Law, History, and the Uses of the Holocaust 14 Rutgers Journal of Law & Religion 267 (Fall, 2012) Law Review Articles and Other Secondary Sources   Alvin H. Rosenfeld, The End of the Holocaust (Indiana University Press, 2011) Peter Novick, The Holocaust in American Life (Houghton Mifflin, 1999) Idith Zertal, Israel's Holocaust and the Politics of Nationhood (Cambridge University Press, 2005) Tom Segev, The Seventh Million: The Israelis and the Holocaust (Farrar Strauss Giroux, 1993) Robert... 2012
Unsigned Not in Court 'Cause I Stole a Beat : the Digital Music Sampling Debate's Discourse on Race and Culture, and the Need for Test Case Litigation 2012 University of Illinois Journal of Law, Technology and Policy 141 (Spring 2012) Law Review Articles and Other Secondary Sources   I. Introduction. 142 II. Background. 145 A. What Digital Music Sampling is--And is Not. 145 1. Kicking it Old School: A Brief History of Borrowing. 145 2. Contemporary Sampling: From the Caribbean to the Bronx. 146 3. MIDI-Me. 147 4. Straight from [the] Heart--Why Contemporary Artists Sample. 148 III. Analysis. 150 A. Legal Treatment of Digital... 2012
  Petition for Writ of Certiorari (6/19/2012) Briefs   There is a wrong, but is there a remedy in law? Judge Freda Wolfson was removed from this case, by Justice Brown, by an ex parte secret request of Bayer, aka I.G. Farben, by Bayer's... 2012
  Petro-hunt, L.l.c. v. U.s. 105 Fed.Cl. 37, United States Court of Federal Claims. (5/2/2012) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. GOVERNMENT - United States. Statute barring Court of Federal Claims' jurisdiction over same claim pending in another court does not violate equal protection. 2012
Jennifer L. Karnes Pirates Incorporated?: Kiobel v. Royal Dutch Petroleum Co. And the Uncertain State of Corporate Liability for Human Rights Violations under the Alien Tort Statute 60 Buffalo Law Review 823 (May, 2012) Law Review Articles and Other Secondary Sources   In September 2010, the Second Circuit issued a decision that was coined the death knell for most human rights litigation against multinational companies in U.S. courts. In Kiobel v. Royal Dutch Petroleum Co., the court ruled that the Alien Tort Statute (ATS) could not be used to hold corporations liable for human rights violations committed... 2012
  Plaintiffs' Memorandum of Points and Authorities in Opposition to Defendant Tv One, Llc's Renewed Motion to Dismiss or to Strike the Complaint (12/6/2012) Trial Court Documents   Plaintiffs GOODNESS FILMS, LLC, (Goodness Films), HERBERT HUDSON (Herb Hudson), PAUL GOLDSBY, and KENNEDY GOLDSBY (collectively, Plaintiffs), hereby submit the following Memorandum of... 2012
  Plaintiffs' Reply to Defendant Tv One, Llc's Opposition to Motion for Preliminary Injunction (12/13/2012) Trial Court Documents   Plaintiffs GOODNESS FILMS, LLC, HERBERT HUDSON, PAUL GOLDSBY, and KENNEDY GOLDSBY (collectively, Plaintiffs) hereby submit their Reply to Defendant TV One, LLC's Opposition to Plaintiffs'... 2012
  Plaintiffs Response to (2739) Defendant Murphy Oil Usa, Inc.'S Motion for Summary Judgment Based on Lack of Subject Matter Jurisdiction, Preemption and Related Doctrines (2/7/2012) Trial Court Documents   Defendants' Statement of Facts (hereinafter DSOF) suffers from countless flaws and mischaracterizations. All offending sections should be disregarded. 1. Disputed in part. It is... 2012
Atiba R. Ellis Polley v. Ratcliff: a New Way to Address an Original Sin? 115 West Virginia Law Review 777 (Winter 2012) Law Review Articles and Other Secondary Sources   I. Introduction. 777 II. Polley v. Ratcliff: Then and Now. 782 A. The Nineteenth Century Polley Litigation. 782 B. The Twenty-First Century Polley Trial. 787 III. Modern Narratives About Race and Slavery: Post-Racialism, Race-Consciousness, and Reparations. 789 A. Post-Racialism and the Discontinued Relevance of Slavery. 793 B. Critical Race Theory... 2012
Hosea H. Harvey Race, Markets, and Hollywood's Perpetual Antitrust Dilemma 18 Michigan Journal of Race and Law L. 1 (Fall, 2012) Law Review Articles and Other Secondary Sources   This Article focuses on the oft-neglected intersection of racially skewed outcomes and anti-competitive markets. Through historical, contextual, and empirical analysis, the Article describes the state of Hollywood motion-picture distribution from its anti-competitive beginnings through the industry's role in creating an anti-competitive, racially... 2012
Natsu Taylor Saito Rebellious Lawyering in the Courts of the Conqueror: the Legacy of the Hirabayashi Coram Nobis Case 11 Seattle Journal for Social Justice 89 (Summer, 2012) Law Review Articles and Other Secondary Sources   It is an honor to participate in this tribute to the late Gordon Hirabayashi and those who worked for many decades to ensure that his commitment to upholding constitutional principles, regardless of personal cost, would be recognized in the courts of law and history. Like many others in the Japanese American community, 1 must acknowledge a personal... 2012
Kimberly E. Carson Reconsidering the Theoretical Accuracy and Prosecutorial Effectiveness of International Tribunals' Ad Hoc Approaches to Conceptualizing Crimes of Sexual Violence as War Crimes, Crimes Against Humanity, and Acts of Genocide 39 Fordham Urban Law Journal 1249 (May, 2012) Law Review Articles and Other Secondary Sources   Introduction. 1250 I. The Evolving Status of Sexual Violence in International Law. 1254 A. Proscription of Sexual Violence in Modern International Humanitarian Law. 1257 B. Prosecution of Crimes of Sexual Violence by International Tribunals. 1260 1. Sexual Violence Jurisprudence at the ICTY and ICTR. 1262 a. Defining Crimes of Sexual Violence at... 2012
Justin Murray Reimagining Criminal Prosecution: Toward a Color-conscious Professional Ethic for Prosecutors 49 American Criminal Law Review 1541 (Summer, 2012) Law Review Articles and Other Secondary Sources   Prosecutors, like most Americans, view the criminal-justice system as fundamentally race neutral. They are aware that blacks are stopped, searched, arrested, and locked up in numbers that are vastly out of proportion to their fraction of the overall population. Yet, they generally assume that this outcome is justified because it reflects the sad... 2012
David L. Eng Reparations and the Human 21 Columbia Journal of Gender and Law 159 (2012) Law Review Articles and Other Secondary Sources   Perhaps most importantly, we must recognize that ethics requires us to risk ourselves precisely at moments of unknowingness, when what forms us diverges from what lies before us, when our willingness to become undone in relation to others constitutes our chance of becoming human. To be undone by another is a primary necessity, an anguish, to be... 2012
Ruth Rubio-Marin Reparations for Conflict-related Sexual and Reproductive Violence: a Decalogue 19 William and Mary Journal of Women and the Law 69 (Fall, 2012) Law Review Articles and Other Secondary Sources   Introduction I. Harm-Centered Reparations: The Specificity of Sexual Violence-Related Harms II. Decalogue for Reparations of Victims of Sexual and Reproductive Violence A. Administrative Reparations Programs B. Ensuring the Participation of Victims and Relevant Civil Society Actors C. Overcoming Silencing, Under-Inclusion, Undervaluation, and... 2012
George P. Roach Rescission in Texas: a Suspect Remedy 31 Review of Litigation 493 (Summer 2012) Law Review Articles and Other Secondary Sources   I. Introduction. 494 II. Of Windfalls and Other Advantages. 498 A. Illustration 1: Buying a Loser. 507 B. Illustration 2: Selling a Winner. 510 III. Alternative Procedures for Rescinding a Contract. 514 A. Rescission Without Court Assistance. 515 B. Rescission at Law. 520 C. Rescission in Texas. 521 IV. Equity Likes a Good Story. 525 A. Texas... 2012
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