AuthorTitleCitationDocument TypeStatusSummaryYear
Shani King The Family Law Canon in a (Post?) Racial Era 72 Ohio State Law Journal 575 (2011) Law Review Articles and Other Secondary Sources   While the debate about a post-racial society rages, our justice system continues to operate in a way that is race-conscious. It seems as though most of the discussion about race and the justice system concerns criminal justice, juvenile justice, education, and immigration. But race-consciousness also impacts family law. Nonetheless, the family law... 2011
Olivier De Schutter The Green Rush: the Global Race for Farmland and the Rights of Land Users 52 Harvard International Law Journal 503 (Summer 2011) Law Review Articles and Other Secondary Sources   Introduction. 504 I. The Relationship between States and Markets in Agriculture: A Brief History. 508 II. The New Competition for Land. 520 III. The Threats to the Rights of Land Users. 524 A. The Protection of Land Users from Eviction: Two Approaches to Security of Tenure. 525 B. Protecting Communal Rights. 533 C. The Decentralized Management of... 2011
Michael Thad Allen The Limits of Lex Americana: the Holocaust Restitution Litigation as a Cul-de-sac of International Human-rights Law 17 Widener Law Review Rev. 1 (2011) Law Review Articles and Other Secondary Sources   In class action law suits filed at the end of the 20th century, Holocaust survivors sought remedy in American federal courts for damages suffered as slave laborers over fifty years earlier. Some also tried to recover identifiable assets such as sequestered bank accounts, looted artwork, or other converted property. Plaintiff's attorneys and legal... 2011
Mario L. Barnes , Erwin Chemerinsky The Once and Future Equal Protection Doctrine? 43 Connecticut Law Review 1059 (May, 2011) Law Review Articles and Other Secondary Sources   This Essay is the third in a series of pieces assessing Equal Protection Doctrine and jurisprudence. Here, we endeavor to do two things: (1) to utilize constitutional structure, text, and history to interrogate the concept of equality protected under the Fourteenth Amendment; and (2) to critique the Supreme Court's present approach to adjudicating... 2011
  The Republic of Hungary's and Magyar Allamvasutak Zrt.'S Memorandum of Law in Support of Their Motion to Dismiss the First Amended Class Action Complaint (4/8/2011) Trial Court Documents   The Republic of Hungary (Hungary) and Magyar Államvasutak Zrt. (MÁV) submit this Memorandum of Law in Support of Their Motion to Dismiss the First Amended Class Action Complaint (the... 2011
John M. Colvin The Tax Professional as the Target du Jour in Criminal Tax Investigations 2011 ABA 0122023 (1/22/2011) Law Review Articles and Other Secondary Sources   Moderator: John M. Colvin Chicoine & Hallett, P.S. Seattle, Washington Panelists: Paula M. Junghans Zuckerman Spaeder, LLP Washington, DC John Youngquist Law Offices of John Youngquist San Francisco, California Jeffrey A. Nieman Assistant U.S. Attorney Southern District of Florida (Fort Lauderdale) Robert H. Westinghouse Assistant U.S. Attorney... 2011
Carlton Waterhouse Total Recall: Restoring the Public Memory of Enslaved African-americans and the American System of Slavery Through Rectificatory Justice and Reparations 14 Journal of Gender, Race and Justice 703 (Summer 2011) Law Review Articles and Other Secondary Sources   Between the founding of the Republic and the Civil War, the majority of the presidents--from Washington, Jefferson, Madison, Monroe, and Jackson through Tyler, Polk, and Taylor--were slaveholders, and generally substantial ones. The same was true for the justices of the Supreme Court, where for most of the period between the ratification of the... 2011
Kimberle Williams Crenshaw Twenty Years of Critical Race Theory: Looking Back to Move Forward 43 Connecticut Law Review 1253 (July, 2011) Law Review Articles and Other Secondary Sources   This Article revisits the history of Critical Race Theory (CRT) through a prism that highlights its historical articulation in light of the emergence of post-racialism. The Article will explore two central inquiries. This first query attends to the specific contours of law as the site out of which CRT emerged. The Article hypothesizes that legal... 2011
Julian Simcock Unfinished Business: Reconciling the Apartheid Reparation Litigation with South Africa's Truth and Reconciliation Commission 47 Stanford Journal of International Law 239 (Winter 2011) Law Review Articles and Other Secondary Sources   I. Introduction. 239 II. Part I: The Structure and Intent of South Africa's TRC. 242 A. Historical Context. 243 B. Structure--An African Conception of Justice?. 245 C. The Nature of Reparations Recommended by the TRC. 246 D. The TRC's Approach to Amnesty. 248 III. Part II: Corporate Participation in the TRC. 249 A. The TRC's Approach to... 2011
Aura Weinbaum Unjust Enrichment: an Alternative to Tort Law and Human Rights in the Climate Change Context? 20 Pacific Rim Law & Policy Journal 429 (March, 2011) Law Review Articles and Other Secondary Sources   Abstract: It is generally accepted within the scholarly international community that global climate change is occurring and is due at least in part to anthropogenic activity. Strategies to mitigate climate change harms and adapt to inevitable climate change-induced consequences are influencing legal, political, and human rights frameworks. Thus... 2011
Terrence Rogers Using International Human Rights Law to Combat Racial Discrimination in the U. S. Criminal Justice System 14 Scholar: St. Mary's Law Review on Minority Issues 375 (Winter 2011) Law Review Articles and Other Secondary Sources   I. Introduction. 376 II. Racial Discrimination in General. 380 A. Racial Discrimination in the United States. 381 B. International Human Rights Law in the Battle Against Racial Discrimination. 382 III. Examples of Racial Discrimination in the U.S. Criminal Justice System. 385 A. Wrongful Accusations. 385 B. Racial Discrimination in the Jury... 2011
Kim D. Chanbonpin We Don't Want Dollars, Just Change: Narrative Counter-terrorism Strategy, an Inclusive Model for Social Healing, and the Truth about Torture Commission 6 Northwestern Journal of Law & Social Policy Pol'y 1 (Winter, 2011) Law Review Articles and Other Secondary Sources   In 2007, Professor Eric K. Yamamoto acknowledged that reparations theory and practice had reached a crossroads and called for a new strategic framework that reparations advocates could utilize in working to achieve redress for social and historical wrongs. This Article attempts to answer Yamamoto's call. In it, I situate my proposal for a truth... 2011
Douglas A. Kysar What Climate Change Can Do about Tort Law 41 Environmental Law L. 1 (Winter 2011) Law Review Articles and Other Secondary Sources   To date, scholars exploring the connection between climate change and tort law have tended to ask what the latter can do about the former. With a few notable exceptions, they have answered, Not much. This Article first reviews a series of doctrinal hurdles facing climate change plaintiffs and concludes that the pessimism of legal scholars is... 2011
William A. Drennan Where Generosity and Pride Abide: Charitable Naming Rights 80 University of Cincinnati Law Review 45 (Fall, 2011) Law Review Articles and Other Secondary Sources   I. Charitable Naming Rights Abound. 50 A. Plurality of Persons Purchasing Naming Rights. 51 B. The Graffiti of the Philanthropic Class; Charitable Naming Everywhere. 52 C. Plethora of Organizations Marketing Naming Rights. 54 D. Empirical Evidence on the Rise of Name-Dropping for Munificence. 55 II. Current Rules Value Naming Rights at Zero. 56 A.... 2011
Adjoa A. Aiyetoro Why Reparations to African Descendants in the United States Are Essential to Democracy 14 Journal of Gender, Race and Justice 633 (Summer 2011) Law Review Articles and Other Secondary Sources   We can have democracy in this country or we can have great wealth concentrated in the hands of a few, but we can't have both. Louis Dembitz Brandeis 1856-1941 Democracy is not identical with majority rule. Democracy is a State which recognizes the subjection of the minority to the majority, that is, an organization for the systematic use of force... 2011
Lolita Buckner Inniss A Critical Legal Rhetoric Approach to in re African-American Slave Descendants Litigation 24 Saint John's Journal of Legal Commentary 649 (Summer 2010) Law Review Articles and Other Secondary Sources   Critical legal rhetoric is a means of explicating the way in which rhetoric and ideology relate to law. It names the rhetorical practices and clarifies the ideologies that go into making up the law's articulations. Critical legal rhetoric is, in other words, a way of understanding not only why law performs its work, but how. Critical legal rhetoric... 2010
Christine Chambers Goodman A Modest Proposal in Deference to Diversity 23 National Black Law Journal L.J. 1 (2010) Law Review Articles and Other Secondary Sources   Introduction. 2 I. The True Diversity Experiment Satisfies the Grutter Test. 5 A. What Grutter Says. 5 B. What Grutter Means. 9 i. What Universities May Do, Post Grutter. 9 ii. Does the Grutter Court Use Diversity as a Proxy for Integration?. 12 iii. Promoting Integration: Access, Legitimacy, and Self-Interest. 18 II. The Modest Proposal and its... 2010
David C. Gray A No-excuse Approach to Transitional Justice: Reparations as Tools of Extraordinary Justice 87 Washington University Law Review 1043 (2010) Law Review Articles and Other Secondary Sources   It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime... 2010
Richard Lempert A Personal Odyssey Toward a Theme: Race and Equality in the United States: 1948-2009 44 Law and Society Review 431 (September/December, 2010) Law Review Articles and Other Secondary Sources   This 2009 Law & Society Association presidential address combines the personal and political to address issues relating to race relations in the United States. Combining narrative methods and quantitative data the article traces the roots of the author's commitment to racial equality and evaluates the degree to which over the past 60 years anti-... 2010
Justin Donoho Achieving Supreme Court Consensus: an Evolved Approach to State Sovereign Immunity 88 Nebraska Law Review 760 (2010) Law Review Articles and Other Secondary Sources   I. Introduction. 760 II. Competing Theories. 763 A. Existing Doctrine. 763 B. The Dissenting Justices' Theory. 766 III. Necessity of Achieving Consensus. 767 IV. Existing Arguments. 770 A. Formalist Arguments. 770 B. Functional or Policy-Based Arguments. 771 C. Coherence with Lochner v. New York. 774 V. New Arguments. 776 A. Coherence with the... 2010
  Amended Complaint (7/27/2010) Trial Court Documents   PATENT INFRINGEMENT AND RACKETEER INFLUENCE & CORRUPT ORGANIZATION (RICO) For its complaint herein, Plaintiff alleges as follows: 1. Plaintiff, Dr. George Pieczenik (Pieczenik) is a New... 2010
Susanne Sreedhar Anarchism, Historical Illegitimacy, and Civil Disobedience: Reflections on A. John Simmons's Disobedience and its Objects 90 Boston University Law Review 1833 (August, 2010) Law Review Articles and Other Secondary Sources   Introduction. 1833 I. Group Membership and Problems of Identification. 1836 II. Separating Structural Injustice and Historical Illegitimacy. 1837 III. Can Rawls Respond?. 1841 IV. The Anarchist Approach to Civil Disobedience. 1842 Conclusion. 1846 2010
Olufunmilayo B. Arewa Blues Lives: Promise and Perils of Musical Copyright 27 Cardozo Arts and Entertainment Law Journal 573 (2010) Law Review Articles and Other Secondary Sources   Introduction. 574 I. Creation and Context: Blues and the Birth of Rock and Roll. 576 A. Contexts and Origins of Blues: Legends, Romance, and Authenticity. 577 B. Blues as Popular Music: Mining the Mississippi Delta. 580 C. The Robert Johnson Puzzle: Uncovering a Murdered Musical Cipher. 582 D. Blues and British Rock: Cultural Icons, the Diffusion... 2010
  Brief for the United States (10/20/2010) Briefs   Appellant Edna Gorham-Bey takes this appeal from her conviction following a jury trial in the United States District Court for the Western District of Pennsylvania. The district court had... 2010
  Class Plaintiffs': (1) Response on Behalf of Balintulo and Botha Plaintiffs to Debtors' (I) Objection to Proofs of Claim Nos. 1206, 7857 and 10162 And, in the Alternative, (Ii) Motion to Estimate Proofs of Claim Nos. 1206,7587 and 10162; and (2) Cros S-mo (6/22/2010) Trial Court Documents   The Balintulo and Botha Named-Plaintiffs (collectively, Class Plaintiffs) file this response to the objections of Motors Liquidation Company (f/k/a General Motors Corporation) (MLC) and... 2010
Tayyab Mahmud Colonial Cartographies, Postcolonial Borders, and Enduring Failures of International Law: the Unending Wars along the Afghanistan-pakistan Frontier 36 Brooklyn Journal of International Law L. 1 (2010) Law Review Articles and Other Secondary Sources   I. Introduction 2 II. Scaffoldings of Colonial Cartographies 6 A. International Law and Differentiated Sovereignty 8 B. Modern Geography and the Colonial Encounter 17 C. Geopolitics and Imperial Designs 21 D. Frontiers, Boundaries, and Borders 23 III. Imperial Great Games and Drawing of Lines 26 A. Great Game I: The Genesis of the Buffer to a... 2010
David Copp Corrective Justice as a Duty of the Political Community: David Lyons on the Moral Legacy of Slavery and Jim Crow 90 Boston University Law Review 1731 (August, 2010) Law Review Articles and Other Secondary Sources   Introduction. 1731 I. The Challenge of Agency Individualism. 1733 II. The Challenge of Moral Individualism. 1736 III. The Objection of the Gap. 1740 IV. A Duty of Civic Responsibility. 1746 V. The Objection from Moral Guilt. 1749 Conclusion. 1753 2010
Maggie T. Grace Criminal Alternative Dispute Resolution: Restoring Justice, Respecting Responsibility, and Renewing Public Norms 34 Vermont Law Review 563 (Spring, 2010) Law Review Articles and Other Secondary Sources   This Article explores theoretical concerns underlying contemporary appeals to Alternative Dispute Resolution (ADR) in the criminal justice system. Drawing on philosophical literature on free will and responsibility and leading work on transitional justice, I argue that a restorative justice lens reveals how ADR can address realities of social... 2010
Brando Simeo Starkey Criminal Procedure, Jury Discrimination & the Pre-davis Intent Doctrine: the Seeds of a Weak Equal Protection Clause 38 American Journal of Criminal Law L. 1 (Fall 2010) Law Review Articles and Other Secondary Sources   Introduction. 2 I. Ambivalent Origins. 5 A. Test Driving the Equal Protection Clause--The First Cases. 5 B. Bush and Supreme Deference. 13 C. A New (False) Hope. 16 II. Lost Souls. 19 A. Don't Get Caught in Mississippi or Anywhere Else in the South. 19 B. The Proliferation of the Intent Doctrine. 22 C. Walking the Green Mile. 24 D. So, This Is What... 2010
Jonathan K. Crane Defining the Unspeakable: Incitement in Halakhah and Anglo-american Jurisprudence 25 Journal of Law and Religion 329 (2009-2010) Law Review Articles and Other Secondary Sources   What constitutes evil speech? Rabbah said: As when one says, There is a fire burning in [the oven of] So-and-So's house. Abbaye asked: But what harm does he do? He merely provides information. Nevertheless, [said Rabbah,] such information may be uttered with intent to slander, As though he were saying: where else would such a fire be burning... 2010
Carla Spivack Disappearing Civil Liberties: the Case of Post-9/11 Fiction 44 New England Law Review 869 (Summer 2010) Law Review Articles and Other Secondary Sources   Abstract: This Article examines several examples of so-called post 9-11 literature and questions their lack of concern with the attacks on civil rights perpetrated by the Bush administration in the wake of the attacks. The novels analyzed are: Helen Schulman, A Day at the Beach (2007), Claire Messud, The Emperor's Children (2006), Ken Kalfus, A... 2010
Anthony V. Alfieri Discovering Identity in Civil Procedure 83 Southern California Law Review 453 (March, 2010) Law Review Articles and Other Secondary Sources   Speak up, baby.--Reverend Dorothy WashingtonCoconut Grove Ministerial Alliance Meeting This Review explores the story of Floride Norelus--an undocumented Haitian immigrant--her civil rights lawyers, and the judges who did not believe them. The backdrop for Norelus's story comes out of Ariela J. Gross's new book, What Blood Won't Tell: A History... 2010
Mikka Gee Conway Dormant Foreign Affairs Preemption and von Saher v. Norton Simon Museum: Complicating the "Just and Fair Solution" to Holocaust-era Art Claims 28 Law & Inequality: A Journal of Theory and Practice 373 (Summer 2010) Law Review Articles and Other Secondary Sources   In Von Saher v. Norton Simon Museum, the Court of Appeals for the Ninth Circuit struck down a California law extending the statute of limitations for Holocaust-era art restitution claims against museums. It affirmed the district court's holding that the statute was preempted by the federal foreign relations power, reversed the determination that... 2010
David C. Gray Extraordinary Justice 62 Alabama Law Review 55 (2010) Law Review Articles and Other Secondary Sources   This Article strikes a contrast to views advanced by Eric Posner, Adrian Vermeule, and others that transitional justice can be sufficiently described and understood as a special case of Ordinary Justice. Paying special attention to debates about reparations, this Article argues that transitional justice is extraordinary, reflecting the source and... 2010
Nancy Ehrenreich Foreword: Conceptualizing Substantive Justice 13 Journal of Gender, Race and Justice 533 (Spring 2010) Law Review Articles and Other Secondary Sources   In April 2009, in the midst of a freak, city-stopping spring snowstorm, the conference on Conceptualizing Substantive Justice was held at the University of Denver's Sturm College of Law. The nation was flush with optimism, and those on the left of the political spectrum felt particularly hopeful. Barack Obama's election just a few months earlier... 2010
  Frivolous Positions Notice 2010-33 (4/7/2010) Administrative Decisions & Guidance     2010
Brandon M. Stump From Reconstruction to Obama: Understanding Black Invisibility, Racism in Appalachia, and the Legal Community's Responsibility to Promote a Dialogue on Race at the Wvu College of Law 112 West Virginia Law Review 1095 (Spring, 2010) Law Review Articles and Other Secondary Sources   I. Introduction. 1096 II. The Similar Experiences of American Blacks and White Appalachians. 1100 A. Into the Mountains. 1100 B. White and Black Savages: A Tale of Two Stereotypes. 1102 C. The Housing Conditions of Blacks and Appalachian Whites. 1104 D. The Importance of Color: Blacks Were Black and Appalachians Were White. 1105 E. Conclusion.... 2010
Lateef Mtima, Steven D. Jamar Fulfilling the Copyright Social Justice Promise: Digitizing Textual Information 55 New York Law School Law Review 77 (2010/11) Law Review Articles and Other Secondary Sources   The advent of commercially viable digitizing of text for mass distribution through the Google Books Library Project (Google Books Project) and other text-digitizing projects and developments like Europeana and Amazon's Kindle Reader, places new demands on intellectual property regimes, particularly with respect to author/creator property right... 2010
Marc Spindelman Gay Men and Sex Equality 46 Tulsa Law Review 123 (Fall 2010) Law Review Articles and Other Secondary Sources   A critical theory of the existing conditions of the social world written not simply to document but in order to change them, sex equality theory's power derives from its apprehension of social reality, including its facts and truths, among them, sexuality's role in producing the sex-based inequalities that pervasively define social life. For those... 2010
Michael J. Kelly Grafting the Command Responsibility Doctrine onto Corporate Criminal Liability for Atrocities 24 Emory International Law Review 671 (2010) Law Review Articles and Other Secondary Sources   It has become fashionable as of late to hold corporations accountable for the evils they do. The common-sense underpinning of this trend is undeniable: all individuals should be held accountable for their actions--good or bad. And, as corporations are juridical persons, they should be treated as natural persons as far as the law and factual reality... 2010
  Guatemala (3/1/2010) Administrative Decisions & Guidance     2010
Adjoa A. Aiyetoro, Adrienne D. Davis Historic and Modern Social Movements for Reparations: the National Coalition of Blacks for Reparations in America (N'cobra) and its Antecedents 16 Texas Wesleyan Law Review 687 (Symposium Edition 2010) Law Review Articles and Other Secondary Sources   In the 1950s, a young mother in Fairbanks, Alaska joined her local NAACP. Ten years later, a freshman student at Bowdoin College in Maine began studies that included a course on Jean-Paul Sartre's existentialism. During the same decade, two social workers blended their work for New York's state and municipal organizations with their racial... 2010
Brian Gilmore Home Is Where the Hatred Is: a Proposal for a Federal Housing Administration Truth and Reconciliation Commission 10 University of Maryland Law Journal of Race, Religion, Gender and Class 249 (Fall 2010) Law Review Articles and Other Secondary Sources   Reconciliation is not about being cosy; it is not about pretending that things were other than they were. Reconciliation based on falsehood, on not facing up to reality, is not true reconciliation and will not last. -Archbishop Desmond Tutu The real story of the meaning of race in modern America, however, must include a serious consideration of... 2010
Gregory Scott Crespi How Recognizing the Endogeneity of Identity Renders the Discounting Debate Largely Irrelevant 30 Journal of Land, Resources, and Environmental Law 75 (2010) Law Review Articles and Other Secondary Sources   Many social policies require the substantial commitment of resources in order to provide benefits for future generations. Conventional policy assessment by the usual willingness to pay valuation criterion raises the issues of whether the future benefits of a policy should first be discounted to a smaller present value before comparison with its... 2010
David Dante Troutt I Own Therefore I Am: Copyright, Personality, and Soul Music in the Digital Commons 20 Fordham Intellectual Property, Media and Entertainment Law Journal 373 (Winter 2010) Law Review Articles and Other Secondary Sources   Introduction. 374 I. Theoretical Conceptions of Copyright Authorship and Artistic Personality. 380 A. Labor, Utility and the Economic Author . 381 B. Authorial Personality. 386 C. The Hegelian Turn and the Author's Personhood. 389 D. The Musician's Personality Interest and Appropriative Harm. 390 II. Ownership Capture, Black Musical Authors, and... 2010
Rebecca Tushnet I Put You There: User-generated Content and Anticircumvention 12 Vanderbilt Journal of Entertainment and Technology Law 889 (Summer 2010) Law Review Articles and Other Secondary Sources   This Article discusses recent rulemaking proceedings before the Copyright Office concerning the anticircumvention provisions of the Digital Millennium Copyright Act (DMCA). During these proceedings, non-institutionally affiliated artists organized to assert their interests in making fair use of existing works, adding new voices to the debate. A... 2010
Roy L. Brooks, Kirsten Widner In Defense of the Black/white Binary: Reclaiming a Tradition of Civil Rights Scholarship 12 Berkeley Journal of African-American Law & Policy 107 (2010) Law Review Articles and Other Secondary Sources   One of the central tenets of several legal theories that oppose the received tradition in Anglo-American law--particularly, Critical Race Theory as configured primarily by Richard Delgado and Jean Stefancic, Latino/a Critical Legal Studies (LatCrit), Asian/Crit Theory, and QueerCrit Theory (hereinafter collectively referred to as critical theory... 2010
Palma Joy Strand Inheriting Inequality: Wealth, Race, and the Laws of Succession 89 Oregon Law Review 453 (2010) Law Review Articles and Other Secondary Sources   I. Wealth Inequalities, Race, and Inheritance. 457 A. Wealth Inequality. 458 B. Racial Wealth Disparities. 461 C. The Role of Inheritance in Wealth Inequalities. 464 II. Race and Wealth. 468 A. Present (and Future) Wealth Effects. 469 B. Past Sources of Wealth Effects. 473 III. The Law of Deep Inequality . 478 A. Race Neutrality: An Obvious... 2010
Brian A. Kritz International Legal Protection for Women and Female Children: Rwanda -- a Case Study 33 Suffolk Transnational Law Review Rev. 1 (Winter 2010) Law Review Articles and Other Secondary Sources   I deplore the fact that sexual and gender-based violence continues to be used as a weapon of war in African conflicts . . . Every effort must be made to halt this odious practice, and bring the perpetrators to justice. -- Kofi Annan, United Nations Secretary-General, 7 July 2004 Much attention has been paid to violence against women and female... 2010
Michael A. Panton Japan's Article 9: Rule of Law v. Flexible Interpretation 24 Temple International and Comparative Law Journal 129 (Spring 2010) Law Review Articles and Other Secondary Sources   I. Introduction. 130 II. A Political Shift with the Rise of the Liberal Democratic Party. 133 III. The Rule of Law v. Flexible Interpretation. 138 IV. What Drives and Inhibits Reform. 144 A. What Drives Reform. 145 1. Nationalism. 145 2. U.S. Pressure and Security Alliances. 149 3. Regional Fears. 150 a. North Korea. 151 b. China. 153 4.... 2010
24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41