AuthorTitleCitationDocument TypeStatusSummaryYear
Cheryl E. Stovall Former-citizenship Restitution: a Proposal for an Equitable Resolution of Confiscated Lithuanian Property 11 Chicago-Kent Journal of International and Comparative Law L. 1 (2011) Law Review Articles and Other Secondary Sources   The success of a developing nation has historically been measured in terms of economic growth. That measure fails to consider, however, the importance of justice as a measure of development. This article explores the idea that restitution of property is an important social justice that is necessary for a developing nation to achieve growth. The... 2011
Jonathan R. Cohen Fostering Race-related Dialogue: Lessons from a Small Seminar 22 University of Florida Journal of Law and Public Policy 407 (December, 2011) Law Review Articles and Other Secondary Sources   I. Introduction. 407 II. Five Suggestions for Fostering Constructive Race-Related Dialogue. 412 A. Establish Trust and Good Conversational Dynamics Before Discussing Race. 412 B. Prompt the Discussion with a Reading or Other Informative Stimulus. 413 C. Listen with the Goal of Understanding the Other Person's Views. 413 D. Express One's Views... 2011
Rashida Manjoo , Calleigh Mcraith Gender-based Violence and Justice in Conflict and Post-conflict Areas 44 Cornell International Law Journal 11 (Winter 2011) Law Review Articles and Other Secondary Sources   Introduction. 11 I. Background. 12 A. Prevalent Forms of Gender-Based Violence. 12 B. Causes and Consequences of Gender-Based Violence. 14 II. Codification and Standard-Setting Developments. 18 III. Continuing Challenges. 26 IV. Concluding Recommendations. 30 2011
  Hand v. Houk Not Reported in F.Supp.2d, United States District Court, S.D. Ohio, Eastern Division. (4/25/2011) Cases As of January 6, 2020 case has not been reversed or overruled. This is a habeas corpus action brought by Petitioner Gerald Hand pursuant to 28 U.S.C. § 2254 and seeking relief from both his conviction for aggravated murder with death specifications and his resulting death sentence. Mr. Hand is represented in this proceeding by appointed counsel who did not represent him in any direct appeal proceedings. The... 2011
Angela P. Harris Heteropatriarchy Kills: Challenging Gender Violence in a Prison Nation 37 Washington University Journal of Law & Policy 13 (2011) Law Review Articles and Other Secondary Sources   We need an analysis that furthers neither the conservative project of sequestering millions of men of color in accordance with the contemporary dictates of globalized capital and its prison industrial complex, nor the equally conservative project of abandoning poor women of color to a continuum of violence that extends from the sweatshops through... 2011
Christopher L. Eisgruber How the Maverick Became a Lion: Affirmative Action in the Jurisprudence of John Paul Stevens 99 Georgetown Law Journal 1279 (June, 2011) Law Review Articles and Other Secondary Sources   When I clerked for John Paul Stevens during the Supreme Court's 1989-1990 term, lawyers and reporters labeled him a maverick and regarded his vote as unpredictable. Twenty years later, when Stevens stepped down from the Court, journalists described him instead as the liberal lion of the Court. In this Essay, I will focus on a pivotal element... 2011
Larisa Mann If it Ain't Broke . . . Copyright's Fixation Requirement and Cultural Citizenship 34 Columbia Journal of Law & the Arts 201 (Winter 2011) Law Review Articles and Other Secondary Sources   Copyright subsists in creative works that are fixed in any tangible medium of expression, usually understood as making fixation a prerequisite for protection. However, some argue that denying copyright to unfixed works unfairly denies protection to certain classes of artists or works, and that fairness, or concern for those classes of artists or... 2011
Inter-American Commission on Human Rights Indigenous and Tribal Peoples' Rights over Their Ancestral Lands and Natural Resources: Norms and Jurisprudence of the Inter-american Human Rights System 35 American Indian Law Review 263 (2010-2011) Law Review Articles and Other Secondary Sources   I. Introduction. 265 II. Sources of Law. 268 A. Inter-American Human Rights Instruments. 268 B. ILO Convention No. 169. 272 C. Other International Treaties and Pronouncements of Treaty Bodies. 273 D. International Customary Law. 275 E. Other International Instruments. 276 F. Domestic Law. 278 III. Definitions. 278 A. Indigenous Peoples; Tribal... 2011
Professor Vernellia R. Randall Inequality Is Killing Us! What President Obama must Do to Save Black Lives 18-DEC NBA National Bar Association Magazine 20 (August-) Law Review Articles and Other Secondary Sources   Inequality is killing us! Blacks are sicker than white Americans; they are dying at a significantly higher percentage. These are undeniable facts. Black men live on average 6 years less than white men. Black men have shorter life spans than men in Chile, Barbados, Bahamas or Jamaica. Black women live on average years 4 less than white women. Black... 2011
David W. Fuller Intentional Torts and Other Exceptions to the Federal Tort Claims Act 8 University of Saint Thomas Law Journal 375 (Spring 2011) Law Review Articles and Other Secondary Sources   The Federal Tort Claims Act (FTCA) creates a broad waiver of sovereign immunity for tort claims against the United States but also provides for a number of exceptions. Beyond the much-discussed discretionary function exception found at 28 U.S.C. § 2680(a), additional exceptions--such as the so-called intentional tort exception--are located... 2011
Danielle Boaz Introducing Religious Reparations: Repairing the Perceptions of African Religions Through Expansions in Education 26 Journal of Law and Religion 213 (2010-2011) Law Review Articles and Other Secondary Sources   Western bookstores today are full of small boxes that advertise Voodoo Revenge Kit on the front. Their short descriptions encourage anyone who wishes to harm a cheating lover and curse a difficult boss to buy this product. Companies now sell t-shirts, mugs, buttons and key chains with voodoo dolls, and bound figures with needles through the... 2011
Sanford Levinson Is Dred Scott Really the Worst Opinion of All Time? Why Prigg Is Worse than Dred Scott (But Is Likely to Stay out of the "Anticanon") 125 Harvard Law Review Forum 23 (December, 2011) Law Review Articles and Other Secondary Sources   Professor Jamal Greene's The Anticanon is an important contribution to both constitutional theory and what might be termed the sociology of legal consciousness. With regard to the former, the central question is whether there are truly persuasive criteria that allow us to distinguish, on what might be termed internalist legal grounds--that is,... 2011
Bert Demarsin Let's Not Talk about Terezín: Restitution of Nazi Era Looted Art and the Tenuousness of Public International Law 37 Brooklyn Journal of International Law 117 (2011) Law Review Articles and Other Secondary Sources   L1-2Introduction . R3118. I. Modern Upsurge in Holocaust-related Title Disputes. 121 A. Revival of the General Debate on Wartime Spoliations. 121 B. Nazi Era Looted Art at the Center of Attention. 131 II. International Responses to the Problem of Nazi Art Spoliation. 135 A. The Washington Conference Principles on Nazi-Confiscated Art. 136 B. The... 2011
Kelly Toledano Making Good on Broken Promises: How the Pigford Settlement Has Given African-american Farmers a Second Chance 5 Southern Region Black Law Students Association Law Journal 68 (Spring, 2011) Law Review Articles and Other Secondary Sources   Forty acres and a mule. With this introduction, Judge Paul Friedman began his opinion by detailing the promises made to former slaves following the Civil War and the subsequent failure to ensure African Americans their rights to own land and sustain an agricultural existence. In Pigford v. Glickman, African-American farmers joined together and... 2011
Roy L. Brooks Making the Case for Atonement in "Post-racial America" 14 Journal of Gender, Race and Justice 665 (Summer 2011) Law Review Articles and Other Secondary Sources   Since the election of the first African American president, Barack Obama, some commentators have characterized America as post-racial. Without clearly defining that term, these commentators have made clear its implications--to wit, race no longer matters in our society. Blacks (the term is used interchangeably with African Americans here) can... 2011
Deirdre M. Bowen, J.D., Ph.D. Meeting Across the River: Why Affirmative Action Needs Race & Class Diversity 88 Denver University Law Review 751 (2011) Law Review Articles and Other Secondary Sources   Richard Sander's goal in his latest article, Class in Legal Education, is to spur a serious and sustained discussion about how to address socioeconomic diversity in the legal academy. This goal would be an admirable one if it were not for its second unwritten goal of denigrating racial diversity while continuing to promote the author's prolifically... 2011
  Memorandum in Support for Partial Summary Judgment and Motion for Declaratory Judgment (7/7/2011) Trial Court Documents   May It Please the Court: For the reasons presented more fully below, there are no facts the defendants can allege that would bar Plaintiffs from having standing or make the political... 2011
  Memorandum in Support for Partial Summary Judgment and Motion for Declaratory Judgment (7/8/2011) Trial Court Documents   May It Please the Court: For the reasons presented more fully below, there are no facts the defendants can allege that would bar Plaintiffs from having standing or make the political... 2011
  Memorandum of Law in Opposition to Motion of the Tripplett and Carter Plaintiffs to Reopen Selection Process for Interim Lead Counsel (3/15/2011) Trial Court Documents   FN1. Interim Co-Lead Counsel, Nagel Rice, LLP and Carey Danis & Lowe are leading a team of seven firms all of whom have contributed to the ongoing prosecution of the claims herein. Carey... 2011
  Memorandum of Law in Support of Magyar Nemzeti Bank's Motion to Dismiss (2/7/2011) Trial Court Documents   The defendants named in this action include MNB (which Plaintiffs concede is an instrumentality of a foreign sovereign) and four private banks. (CFAC ¶¶ 33-49). MNB, as a central bank,... 2011
  Memorandumoflaw in Support of the Motion of Defendant Rail Cargo Hungaria Zrt. To Set Aside the Entry of Default and to Dismiss the Complaint (6/28/2011) Trial Court Documents   FN1. Points 1, 2, 4, and 6 of these below-listed points are grounds for immediate dismissal of this Complaint with prejudice, as is set forth in this Memorandum of Law. Points 3, 5, and 7... 2011
Henry J. Richardson III Mitchell Lecture, October 27, 2010 17 Buffalo Human Rights Law Review Rev. 1 (2011) Law Review Articles and Other Secondary Sources   Dean Mutua, members of the Law School Faculty, distinguished guests, students, and other friends gathered, I am honored to be invited to give your Mitchell Lecture for 2010. I am honored you would have me stand as the latest in the long line of visionaries who are led by the Mitchell family, as they conceived and endowed this Lecture. And I am... 2011
Sainabou M. Musa Modern Day Slavery in Ghana: Why Application of United States Asylum Laws Should Be Extended to Women Victimized by the Trokosi Belief System 13 Rutgers Race & the Law Review 169 (Fall 2011) Law Review Articles and Other Secondary Sources   Imagine that it is the year 1998 and you are a slave. Although slavery, in and of itself, may arguably be the worst living condition, imagine that there are different scenarios that could make your life as a slave worse. What would they be? Would it be worse if you were a five-year-old who, for no other reason than the fact that you are a virgin... 2011
Camille M. Davidson Mother's Baby, Father's Maybe!--intestate Succession: When Should a Child Born out of Wedlock Have a Right to Inherit from or Through His or Her Biological Father? 22 Columbia Journal of Gender and Law 531 (2011) Law Review Articles and Other Secondary Sources   When the renowned chess genius Bobby Fischer died, his body was exhumed in order to determine whether his genetic samples matched samples from a child whose mother claimed he fathered outside of a marital union. Bobby Fischer was domiciled in Iceland and under Icelandic law, if there had been a genetic connection, the child would have been the sole... 2011
  Motion for Hearing and Preliminary Injunction Against the North Little Rock School District (1/11/2011) Trial Court Documents   COME NOW Teresa Dale, parent and next friend of J.J. and Shana McCoy, parent and next friend of J.A. and as members of the class of students known as Joshua Intervenors move pursuant to... 2011
  Muhammed-el v. U.s. Not Reported in F.Supp.2d, United States District Court, District of Columbia. (11/1/2011) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the Court on plaintiff's application to proceed in forma pauperis and his pro se complaint. The Court will grant the application and dismiss the complaint. Plaintiff describes himself as a Moorish American National, and objects to his characterization as Negro, Black, AfroAmerican, Colored, and African American. Compl. at... 2011
Michelle D. Deardorff , Angela Mae Kupenda Negotiating Social Mobility and Critical Citizenship: Institutions at a Crossroads 22 University of Florida Journal of Law and Public Policy 335 (December, 2011) Law Review Articles and Other Secondary Sources   Introduction. 336 I. Social Mobility and Higher Education. 342 II. Critical Citizenship and Higher Education. 343 III. The Tension Between Social Mobility and Critical Citizenship. 348 IV. Institutional Contexts. 355 A. The Historically Black University. 355 B. The Law School. 359 1. Opportunities. 361 2. Barriers. 362 V. Addressing the Conflicts.... 2011
Danné L. Johnson New Century Freedom for the Freedmen 1 University of Miami Race & Social Justice Law Review 77 (2011) Law Review Articles and Other Secondary Sources   Introduction. 78 I. The Bureau of Refugees, Freedmen and Abandoned Lands. 79 A. Urgent Assistance to the Negro. 81 B. Negro Education Under the Bureau. 83 C. Other Bureau Efforts. 85 1. Land Ownership. 85 2. Legal Matters. 86 D. The Freedmen's Bureau's End. 87 II. The State of Black America. 89 A. General. 89 B. Education. 89 1. History. 89 2.... 2011
Horace E. Anderson, Jr. No Bitin' Allowed: a Hip-hop Copying Paradigm for All of Us 20 Texas Intellectual Property Law Journal 115 (Fall, 2011) Law Review Articles and Other Secondary Sources   I. History and Purpose of Copyright Act's Regulation of Copying. 119 II. Impact of Technology. 126 A. The Act of Copying and Attitudes Toward Copying. 126 B. Suggestions from the Literature for Bridging the Gap. 127 III. Potential Influence of Norms-Based Approaches to Regulation of Copying. 129 IV. The Hip-Hop Imitation Paradigm. 131 A. Structure.... 2011
Necia B. Hobbes Out of the Frying Pan into the Fire: Heightened Discrimination & Reduced Legal Safeguards When Pandemic Strikes 72 University of Pittsburgh Law Review 779 (Summer, 2011) Law Review Articles and Other Secondary Sources   Everybody was living in deadly fear because it was so quick, so sudden, and so terrifying. -Survivor of the 1918 Spanish Influenza When the H1N1 epidemic broke out in 2009, Wall Street banking corporations received shipments of the long-awaited vaccine ahead of unmet requests from many hospitals, cancer centers, pediatric offices, and schools.... 2011
Alfred L. Brophy Overcoming at the University of Alabama 1 Alabama Civil Rights & Civil Liberties Law Review 15 (2011) Law Review Articles and Other Secondary Sources   The editors of this new journal, perhaps taking their cue from John Winthrop's sermon on the Arabella, ask an important question at their embarkation: Have we overcome? Winthrop's sermon, delivered as he and his fellow travelers were crossing the Atlantic Ocean for a new world in 1630, addressed a fundamental question: the purpose of their... 2011
  Petitioner's Emergency Motion for a Temporary Restarining Order (6/21/2011) Trial Court Documents   NOW COMES, the Petitioner, EvAngei Mamadeelove YHWHnewBN, a pro se friend of the court, senior citizen and survivor of unjust laws of segregation litigant with a PETITIONER'S EMERGENCY... 2011
  Pieczenik v. Abbott Laboratories Not Reported in F.Supp.2d, United States District Court, D. New Jersey. (3/23/2011) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. Plaintiff George Pieczenik (Plaintiff), proceeding pro se, brings this action against a number of defendants alleging patent infringement and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq. Presently before the Court is a joint motion by all defendants to dismiss... 2011
  Plaintiffs Victims of the Hungarian Holocaust's Consolidated Memorandum of Law in Opposition to the Motions to Dismiss Filed by Magyar Nemzeti Bank, Erste Group Bank, Mkb Bank Zrt and Otp Bank (3/11/2011) Trial Court Documents   This lawsuit seeks the restitution of assets illegally seized or retained by Hungarian financial institutions as part of the Hungarian phase of Hitler's Final Solution. This lawsuit... 2011
  Plaintiffs Victims of the Hungarian Holocaust's Corrected Consolidated Memorandum of Law in Opposition to the Motions to Dismiss Filed by Magyar Nemzeti Bank, Erste Group Bank, Mkb Bank Zrt and Otp Bank (4/1/2011) Trial Court Documents   This lawsuit seeks the restitution of assets illegally seized or retained by Hungarian financial institutions as part of the Hungarian phase of Hitler's Final Solution. This lawsuit... 2011
andré douglas pond cummings Post Racialism? 14 Journal of Gender, Race and Justice 601 (Summer 2011) Law Review Articles and Other Secondary Sources   The 2008 election of President Barack Obama represents a halcyon moment in U.S. history. President Obama's election begs a critical question: whether his nationwide landslide victory catapulted the United States, with its sordid racial past, into a truly post-racial place as many claim. While Obama's election was possible due to important changes... 2011
Kemit A. Mawakana Power and Law, Bait and Switch: Debunking "Law" as a Tool of Societal Change the Disappearing Act of Affordable Housing in the District of Columbia 36 Oklahoma City University Law Review 93 (Spring 2011) Law Review Articles and Other Secondary Sources   It was a typical sunny, hot, and hazy July afternoon in Washington, D.C., when I, as a 17-year-old, walked down the hill towards my apartment complex. As I approached, I noticed people gathered in the street in front of my apartment building. I also noticed that someone had been evicted. As I moved closer, I noticed that the belongings were mine... 2011
Benjamin Ewing, Douglas A. Kysar Prods and Pleas: Limited Government in an Era of Unlimited Harm 121 Yale Law Journal 350 (November, 2011) Law Review Articles and Other Secondary Sources   Not just a system of checks and balances ideally tuned to constrain collective political action, the constitutional division of authority also may be seen as a system of prods and pleas in which distinct governmental branches and actors can push each other to entertain collective political action when necessary. Though prods and pleas are an... 2011
Charles E. Rounds, Jr. Proponents of Extracting Slavery Reparations from Private Interests must Contend with Equity's Maxims 42 University of Toledo Law Review 673 (Spring 2011) Law Review Articles and Other Secondary Sources   The sensitive ear has heard the collective thank you from those who were freed, as well as the historic apologies in words and deeds from persons of good will for the evils of slavery.--Charles Ronald Norgle, District Judge. A court of law or a court of equity is not an appropriate forum in which to resolve issues of collective descendant... 2011
andré douglas pond cummings Racial Coding and the Financial Market Crisis 2011 Utah Law Review 141 (2011) Law Review Articles and Other Secondary Sources   The financial market crisis of 2008 has plagued the United States and countries around the world. The underlying causes of the 2008 collapse are numerous, intricate, and complex. Academic scholars, investigative reporters, and leading economists are now deconstructing the multiplicity of failures that enabled the breathtaking meltdown that nearly... 2011
Patryk Labuda Racial Reconciliation in Mississippi: an Evaluation of the Proposal to Establish a Mississippi Truth and Reconciliation Commission 27 Harvard Journal on Racial & Ethnic Justice Just. 1 (Spring 2011) Law Review Articles and Other Secondary Sources   I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice. --Martin Luther King, Jr., August 28, 1963 When Martin Luther King, Jr. made his famous I have a dream speech over forty-five years ago, racial... 2011
Anita Bernstein , Hans Dieter Seibel Reparations, Microfinance, and Gender: a Plan, with Strategies for Implementation 44 Cornell International Law Journal 75 (Winter 2011) Law Review Articles and Other Secondary Sources   Introduction. 76 I. The Strategy. 79 A. Engaging Microfinance Institutions to Effect Reparations. 79 1. Terminology. 79 2. The Plan in Brief: Transfer Payments to, and Shares in, Microfinance Institutions. 80 3. Upgrading and Linking to Larger Financial Institutions. 81 4. Options for the Reparations Plan. 85 B. Extending the Microfinance Record.... 2011
James E. Pfander Resolving the Qualified Immunity Dilemma: Constitutional Tort Claims for Nominal Damages 111 Columbia Law Review 1601 (November, 2011) Law Review Articles and Other Secondary Sources   Under current law, government officers sued in their personal capacity for constitutional torts enjoy qualified immunity from liability unless the conduct in question violates clearly established law. The clear-law requirement gives rise to the well-known order of battle dilemma; a court may dismiss the action on the basis of unsettled law... 2011
Justin Driver Rethinking the Interest-convergence Thesis 105 Northwestern University Law Review 149 (Winter 2011) Law Review Articles and Other Secondary Sources   Introduction. 149 I. Examining the Interest-Convergence Thesis. 157 A. Before the Interest-Convergence Thesis. 158 B. The Interest-Convergence Thesis. 160 C. Contemporary Views of the Interest-Convergence Thesis. 163 II. Analytical Flaws of the Interest-Convergence Thesis. 164 A. Interrogating the Composition of Racial Interests. 165 B. Consistency... 2011
Gilda R. Daniels Senator Edward Kennedy: a Lion for Voting Rights 14 NYU Journal of Legislation and Public Policy 415 (2011) Law Review Articles and Other Secondary Sources   Introduction. 415 I. The Voting Rights Act of 1965. 419 II. Contemporary Challenges. 430 A. Supreme Court Challenges to the Voting Rights Act. 431 B. Contemporary Barriers to Voter Participation. 433 1. Voter Challenges. 434 2. Vote Caging. 436 3. Voter Deception. 437 III. Where Do We Go from Here?. 438 A. Post-Racial Politics. 439 B. Supreme... 2011
Kevin Brown Should Black Immigrants Be Favored over Black Hispanics and Black Multiracials in the Admissions Processes of Selective Higher Education Programs? 54 Howard Law Journal 255 (Winter 2011) Law Review Articles and Other Secondary Sources   INTRODUCTION. 256 I. EFFORTS TO STANDARDIZE THE COLLECTION OF DATA ON RACE AND ETHNICITY IN THE 1970s: ADOPTION OF DIRECTIVE 15. 266 II. ADOPTION OF THE 1997 REVISED STANDARDS. 272 A. Need to Revise Directive 15. 272 B. 1997 Revised Standards. 274 1. Hispanic/Latino Ethnicity Question and the Two Question Format. 274 2. How to Collect Data on... 2011
Olympia Duhart Soldier Suicides and Outcrit Jurisprudence: an Anti-subordination Analysis 44 Creighton Law Review 883 (2011) Law Review Articles and Other Secondary Sources   There was no miracle cure, no drug they could take to hold back or dissipate their feelings of horror, grief, or fear. There is no preparation in our training for the mental health struggles that come later . . . . Even if they survive the war, the soldiers who make it home are struggling to stay alive. Soldier suicides, which have reached... 2011
Jennifer Anglim Kreder State Law Holocaust-era Art Claims and Federal Executive Power 105 Northwestern University Law Review Colloquy 315 (5/24/2011) Law Review Articles and Other Secondary Sources   Doctrines of judicial restraint in international cases take many forms, but they all have at their heart a concern about the proper role of courts, be they federal or state. This Article explores the proper role of courts in deciding state law conversion claims for art stolen or subject to forced or duress sale during the Nazi era. Many presume,... 2011
Steven D. Jamar , Lateef Mtima The Centrality of Social Justice for an Academic Intellectual Property Institute 64 SMU Law Review 1127 (Summer 2011) Law Review Articles and Other Secondary Sources   A lawyer is either a social engineer or . . . a parasite on society. -Charles Hamilton Houston I. INTRODUCTION. 1127 II. THE SOCIAL JUSTICE OBLIGATIONS OF LAW SCHOOLS AND LAWYERS. 1130 III. LAW SCHOOL INSTITUTES: A PROFESSINAL PEDAGOGY. 1132 IV. PURSUING INTELLECTUAL PROPERTY SOCIAL JUSTICE: INCLUSION AND EMPOWERMENT. 1134 V. IP SOCIAL JUSTICE... 2011
Derek Fincham The Distinctiveness of Property and Heritage 115 Penn State Law Review 641 (Winter 2011) Law Review Articles and Other Secondary Sources   This piece takes up the competing concepts of property and heritage. Recent scholarship views property as a series of connections and obligations--rather than the traditional power to control, transfer or exclude. This new view of property may be safeguarding resources for future generations, but also imposes onerous obligations based on concerns... 2011
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