AuthorTitleCitationDocument TypeStatusSummaryYear
Dartanyon Burrows The Debate over the Current Reparations Movement 2 the crit: a Critical Studies Journal 99 (Spring, 2009) Law Review Articles and Other Secondary Sources   One of my favorite events of the summer is the annual Obon Festival, held by the members of the Idaho-Oregon Buddhist Temple in a small farming community where I grew up. The vast majority of Temple members are Japanese American. The Obon is a Japanese tradition, held to honor and remember ancestors and to celebrate community. The Temple's festival... 2009
John Tehranian The Emperor Has No Copyright: Registration, Cultural Hierarchy, and the Myth of American Copyright Militancy 24 Berkeley Technology Law Journal 1399 (Fall 2009) Law Review Articles and Other Secondary Sources   This Article subverts the myth of American copyright militancy by providing a more nuanced view of our enforcement regime and detailing how, in the age of mechanical (and digital) reproduction, procedural nicities establish cultural hierarchy through the selective restoration of Benjaminian aura to creative works. As it turns out, the Emperor has... 2009
Kevin Outterson The End of Reparations Talk: Reparations in an Obama World 57 University of Kansas Law Review 935 (May, 2009) Law Review Articles and Other Secondary Sources   Several years ago, I wrote an article on reparations for disparities in Black health in the United States. The world did little note nor long remember what I said in that article. But, the University of Kansas Law Review has rescued my thoughts from obscurity, at least temporarily. My thesis proceeded in three parts: (1) U.S. disparities in Black... 2009
Tonya Kowalski The Forgotten Sovereigns 36 Florida State University Law Review 765 (Summer, 2009) Law Review Articles and Other Secondary Sources   Our federal system includes 564 federally recognized American Indian nations, most of which have their own sovereign lands, governments, and court systems, and who interact every day with the state and federal systems. Yet most legal thought overlooks our sovereign Native American nations and legal heritage. Although much of American law and policy... 2009
Mark A. Rothstein , Yu Cai , Gary E. Marchant The Ghost in Our Genes: Legal and Ethical Implications of Epigenetics 19 Health Matrix: Journal of Law-Medicine Matrix 1 (Winter 2009) Law Review Articles and Other Secondary Sources   Abstract: Epigenetics is one of the most scientifically important, and legally and ethically significant, cutting-edge subjects of scientific discovery. Epigenetics link environmental and genetic influences on the traits and characteristics of an individual, and new discoveries reveal that a large range of environmental, dietary, behavioral, and... 2009
Carlton Waterhouse The Good, the Bad, and the Ugly: Moral Agency and the Role of Victims in Reparations Programs 31 University of Pennsylvania Journal of International Law 257 (Fall 2009) Law Review Articles and Other Secondary Sources   In the ongoing debate over reparations for slavery and its legacy in the United States, much of the reparations scholarship pays little attention to the quality of past reparations programs implemented domestically or abroad. Most commentators emphasize the need for former wrongdoers to make apology, recompense, or restitution rather than looking... 2009
Jonathan A. Bush The Prehistory of Corporations and Conspiracy in International Criminal Law: What Nuremberg Really Said 109 Columbia Law Review 1094 (June, 2009) Law Review Articles and Other Secondary Sources   Among the most important questions in international criminal law since the mid-1990s have been the status of Anglo-American conspiracy law and the liability of corporations and their officers for human rights violations. These two issues have arisen in a broad range of settings, including Alien Tort Statute suits, cases arising out of the American... 2009
Alice M. Thomas The Racial Wealth Divide Through the Eyes of the Younger Family: Undoing America's Legacy of Wealth Inequality in Search of the Elusive American Dream Utilizing a Sankofa Model of Transitional Justice 5 Florida A & M University Law Review Rev. 1 (Fall 2009) Law Review Articles and Other Secondary Sources   I. Introduction. 2 II. Contextual Background & Historical Perspective. 15 III. The Problem - Entrenched Racial Inequality Amplified through the Multiracial Wealth Divide. 24 A. The Nature and Magnitude of the Problem. 24 B. Lifting the Veil on the Past: The History of the Wealth Divide. 29 1. In General. 29 2. Native Americans. 31 3. African... 2009
  The Republic of Alicanto (Applicant) v. the Commonwealth of Ravisia (Respondent) 16 ILSA Journal of International and Comparative Law 301 (Fall, 2009) Law Review Articles and Other Secondary Sources   L1-6,T6Index Of Authorities 306 L1-6,T6Statement Of Jurisdiction 314 L1-6,T6Statement Of Facts 315 L1-6,T6Questions Presented 318 L1-6,T6Summary Of Pleadings 319 I. L2-6,T6The Commonwealth Of Ravisia's (Ravisia) Intervention In The Republic Of Alicanto (Alicanto) Constitutes A Continuing Violation Of Alicanto's Sovereignty And International Law... 2009
Barbara Stark Theories of Poverty/the Poverty of Theory 2009 Brigham Young University Law Review 381 (2009) Law Review Articles and Other Secondary Sources   You never give me your money You only give me your funny paper And in the middle of negotiations You break down. -- Paul McCartney I. Introduction. 382 II. Why Theory. 386 A. Why Theory Is Necessary. 387 B. Why Theory Is Problematic. 390 III. Theories of Poverty. 391 A. Liberal Theory. 391 1. The Moral Duty to the Poor. 395 2. The Rights of the... 2009
Bernadette Atuahene Things Fall Apart: the Illegitimacy of Property Rights in the Context of past Property Theft 51 Arizona Law Review 829 (Winter 2009) Law Review Articles and Other Secondary Sources   Past property theft is often a volatile political issue that has threatened to destabilize many nascent democracies. How does a transitional state avoid present-day property-related disobedience when a significant number of people believe that the current property distribution is illegitimate because of past property theft? To explore this... 2009
Alfred L. Brophy Thomas Ruffin: of Moral Philosophy and Monuments 87 North Carolina Law Review 799 (March, 2009) Law Review Articles and Other Secondary Sources   Thomas Ruffin: Of Moral Philosophy and Monuments returns to Judge Thomas Ruffin's opinions, particularly on slavery, to excavate his jurisprudence and to try to assess what Ruffin's legacy means for us today. It begins with an exploration of Ruffin's 1830 opinion in State v. Mann where he self-consciously separated his feelings from his legal... 2009
Daniel A. Farber Tort Law in the Era of Climate Change, Katrina, and 9/11: Exploring Liability for Extraordinary Risks 43 Valparaiso University Law Review 1075 (Spring, 2009) Law Review Articles and Other Secondary Sources   Tort cases generally deal with routine risks-the kind of risk that a person encounters as a result of driving a car or buying a product. Such risks are also staples of the insurance industry. Today, however, society faces risks that threaten potentially massive harms to large segments of the public. Katrina destroyed the city of New Orleans,... 2009
Roy L. Brooks Toward a Post-atonement America: the Supreme Court's Atonement for Slavery and Jim Crow 57 University of Kansas Law Review 739 (May, 2009) Law Review Articles and Other Secondary Sources   Little if any attention in the national discourse on reparations has been given to the question of whether the United States Supreme Court has an institutional moral duty to atone for its participation in the atrocities of slavery and Jim Crow. By atonement I mean two things: a statement of apology and an act of redemption that concretizes the... 2009
Hope Lewis Transnational Dimensions of Race in America 72 Albany Law Review 999 (2009) Law Review Articles and Other Secondary Sources   -Out of many, one people. Jamaica, the nation from which my parents and grandmothers migrated to the United States, includes a motto on its national coat of arms that is at once inspiring and yet disturbingly ironic: Out of many . . . one people. The embl 2009
  Trial Pleading (3/24/2009) Trial Court Documents   This is a racial and disability discrimination claim involving issues of selective policy application and enforcement, wrongful eviction, housing denial, harassment, retaliation, and... 2009
Robert R. Oliva and Roger W. Dorsey, Attorney and CPA Understating Tax Can Result in Preparer's Loss of the Right to Practice 82 Practical Tax Strategies 348 (June, 2009) Law Review Articles and Other Secondary Sources   The more likely penalty for understating a client's tax is monetary under Section 6694, but enjoining the culprit from being a tax return preparer is possible under Section 7407. While permanent injunctions or disbarments from practice in connection with the advising and marketing of abusive tax shelters have received substantial coverage in the... 2009
Andrew Hill United Nations Update 16 Human Rights Brief 56 (Spring, 2009) Law Review Articles and Other Secondary Sources   In September 2001, the United Nations sponsored a summit in Durban, South Africa, entitled the World Conference Against Racism (WCAR). The WCAR created a large amount of controversy surrounding several divisive issues and ended with, at best, mixed results. Recently, however, the UN decided to sponsor a second WCAR in Geneva in April 2009. As the... 2009
  United States Boycotts Durban Review Conference, Will Seek Election to Human Rights Council 103 American Journal of International Law 355 (April, 2009) Law Review Articles and Other Secondary Sources   In February 2009, the U.S. Department of State announced that, absent significant changes in the draft conference document, the United States would not participate in the April 2009 UN conference to review implementation of decisions adopted at the 2001 Durban World Conference Against Racism, Racial Discrimination, Xenophobia and Related... 2009
  United States' Post-hearing Brief (1/20/2009) Trial Court Documents   The IRS audited 312 returns prepared by defendants. These audits uncovered almost $5 million in tax understatements. The returns were prepared by Frank Zerjav, a natural born salesman and... 2009
Jeffrey T. Dinwoodie Unpatriotic Profits: the Risks Companies Face from International Business Activities and the Need for a Heightened Duty of Oversight for Corporate Directors 34 University of Dayton Law Review 377 (Spring, 2009) Law Review Articles and Other Secondary Sources   Patriotism and national security have been dominant themes and points of emphasis in the United States since the September 11, 2001 terrorist attacks. Americans have become increasingly sensitive to anything that is potentially threatening or detrimental to the national security interests of the United States. Operating within this environment,... 2009
Kathleen Bicek Bezdichek, J.D. Validity, Construction, and Application of § 6700 of the Internal Revenue Code (26 U.s.c.a. § 6700) Imposing Civil Penalties for Promoting Abusive Tax Shelters 36 American Law Reports ALR Federal 2d 2009) Law Review Articles and Other Secondary Sources   This annotation discusses all of the cases in which courts have construed or applied § 6700 of the Internal Revenue Code, I.R.C. § 6700, codified at 26 U.S.C.A. § 6700, which imposes civil penalties for the promotion of abusive tax shelters. Some opinions discussed in this annotation may be restricted by court rule as to publication and citation in... 2009
Cheah Wui Ling Walking the Long Road in Solidarity and Hope: a Case Study of the "Comfort Women" Movement's Deployment of Human Rights Discourse 22 Harvard Human Rights Journal 63 (Winter 2009) Law Review Articles and Other Secondary Sources   The first World Conference on Japanese Military Sexual Slavery kicked off on a clear and sunny Friday morning in October 2007. In the early morning sunlight, small groups of women, many of whom had just arrived that morning from across the Pacific Ocean, mingled and chatted while filing into the University of California Los Angeles Law School... 2009
Carla D. Pratt Way to Represent: the Role of Black Lawyers in Contemporary American Democracy 77 Fordham Law Review 1409 (March, 2009) Law Review Articles and Other Secondary Sources   It is an axiomatic principle of constitutional law that our nation was founded as a race-conscious liberal democracy. The U.S. Constitution, as originally drafted and adopted, recognized as citizens only those persons who could be considered racially white. The U.S. Supreme Court, in its infamous Dred Scott v. Sandford decision, held that persons... 2009
Arthur Oder What's Fair Is Fair? A Comparative Look at Judicial Discretion in Fairness Review of Holocaust Era Class Action Settlement in the United States and Canada 17 Cardozo Journal of International and Comparative Law 545 (Summer 2009) Law Review Articles and Other Secondary Sources   I. Introduction. 546 II. Background. 553 A. The Swiss Banks Settlement. 553 B. The Generali Insurance Litigation. 556 III. The U.S. Fairness Paradigm for Settlement Classes. 561 A. Rule 23 Fairness Requirements of Class Action Settlements. 561 B. Procedural Fairness: The Negotiation Process. 563 C. Substantive Fairness: The Settlement Terms. 566 1.... 2009
Alireza Gharagozlou When Did Scrooge Become a Role Model? Why Criticism of America's National Debt Is Misplaced 33 Nova Law Review 427 (Spring, 2009) Law Review Articles and Other Secondary Sources   I. Introduction. 427 II. What Do I Do with This Money?. 429 A. Spend It. 429 B. Gift It. 430 C. Save It. 430 D. Equity Investment. 433 E. Lend It. 436 F. Summary. 440 III. The Sovereign World. 440 IV. China and the United States. 442 V. The Argentina Example. 445 VI. Conclusion. 449 2009
Lateef Mtima Whom the Gods Would Destroy: Why Congress Prioritized Copyright Protection over Internet Privacy in Passing the Digital Millennium Copyright Act 61 Rutgers Law Review 627 (Spring 2009) Law Review Articles and Other Secondary Sources   The problem of illegal file-sharing and related acts of Internet infringement is one of the most important copyright challenges of the day. Not only does such activity threaten the property interests of copyright owners, but given the attendant prospect of vicarious copyright infringement liability that confronts Internet Service Providers (ISPs),... 2009
Jeanelle Ferril A Call for New Justice: Victims of Sexual Violence in Africa's Internal Conflicts 4 FIU Law Review 333 (Fall, 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 334 II. Background. 336 A. A History of Sexual Violence. 336 B. International Criminal and Humanitarian Law. 336 C. Conflicts in Africa: Rape at Center Stage. 339 1. Rwanda, 1994. 339 2. Democratic Republic of Congo, 1996 - 200. 3342 3. Darfur, Sudan, 2003 - Present. 344 III. Analysis: The Inadequacies of Current Relief. 346 A.... 2008
Terry L. Meyers A First Look at the Worst: Slavery and Race Relations at the College of William and Mary 16 William & Mary Bill of Rights Journal 1141 (April, 2008) Law Review Articles and Other Secondary Sources   [I]f way to the Better there be, it exacts a full look at the Worst . . . . -Thomas Hardy In recent years a few universities-Yale, North Carolina, Dartmouth, Alabama, and Brown-have documented fully the ignoble role slavery played in their noble pasts. The College of William and Mary (the College) has not, though there is plenty of the worst-and a... 2008
Shi-Ling Hsu A Realistic Evaluation of Climate Change Litigation Through the Lens of a Hypothetical Lawsuit 79 University of Colorado Law Review 701 (Summer 2008) Law Review Articles and Other Secondary Sources   Several dozen cases that can be classified as climate change litigation have been filed worldwide, and legal scholars have already generated a considerable amount of writing on the phenomenon. The debate and scholarship has sometimes gotten ahead of itself, reflecting on the normative implications of outcomes that are still speculative at this... 2008
Tucker Culbertson A Report On-and an Invitation to Join-the Latcrit Ngo 4 FIU Law Review 73 (Fall, 2008) Law Review Articles and Other Secondary Sources   Inaugurated as part of the World Conference Against Racism, the Lat-Crit NGO seeks to further the codification and implementation of human rights law and policy in egalitarian, historically informed, analytically rigorous, sociologically real, and culturally sensitive ways. In July 2006, the United Nations' Economic and Social Council (ECOSOC)... 2008
Adrien Katherine Wing A Truth and Reconciliation Commission for Palestine/israel: Healing Spirit Injuries? 17 Transnational Law & Contemporary Problems 139 (Winter 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 140 II. Overview: Truth and Reconciliation Commissions. 142 III. Palestine/Israel Scenarios. 148 IV. Specific Issues. 154 A. When Would the TRC Be Created?. 155 B. What Legal Sources Would Legitimate the TRC?. 155 C. What Would Be the Purpose of the TRC?. 156 D. What Time Period Would the TRC Cover?. 158 E. How Would the TRC Be... 2008
Susan Lorde Martin Adverse Possession: Practical Realities and an Unjust Enrichment Standard 37 Real Estate Law Journal 133 (Fall, 2008) Law Review Articles and Other Secondary Sources   All first year law students learn about adverse possession. It shocks many, setting their minds racing to thoughts of beautiful uninhabited rural properties that might be theirs in spite of their student loans; the doctrine seems to provide a legal way to get something for nothing. The doctrine allows that after continuous possession for a period... 2008
Keith Aoki , Kevin R. Johnson An Assessment of Latcrit Theory Ten Years after 83 Indiana Law Journal 1151 (Fall, 2008) Law Review Articles and Other Secondary Sources   With the democratization of legal academia to include law professors of different genders, races, and sexual orientations has come a loss of community, cohesion, and coherence. But what has been gained has been a more democratic and inclusive community. To believe that academics can again speak with a unified voice is no longer possible. Instead of... 2008
  Appellee's Brief (12/18/2008) Briefs   Appellees do not request oral argument. Appellees do not adopt the brief of any other party. FN1. In this brief, Appellees will cite to Plaintiff's deposition exhibits as R-64-Ex.- and... 2008
Natsu Taylor Saito At the Heart of the Law: Remedies for Massive Wrongs 27 Review of Litigation 281 (Winter 2008) Law Review Articles and Other Secondary Sources   I. Japanese American Redress: A Viable Model?. 285 II. The Larger the Wrong, the Less Likely the Remedy?. 293 III. Considering the Decolonization of Law. 300 2008
Daniel Farber Basic Compensation for Victims of Climate Change 38 Environmental Law Reporter News & Analysis 10521 (August, 2008) Law Review Articles and Other Secondary Sources   Editors' Summary: Prof. Daniel Farber argues that compensation for harm caused by climate change is a moral imperative, and he surveys various mechanisms that have been used in other circumstances to compensate large numbers of victims for environmental and other harms. In response, Professor Feinberg cautions that significant hurdles remain before... 2008
  Bibliography 9 Rutgers Race & the Law Review 483 (2008) Law Review Articles and Other Secondary Sources   Lauren Arms, It's Not All Black and White: Race-Based Admissions Purport to Achieve a Critical Mass of Diversity, but in Reality Merely Mask a Pre-Determined Quota of the Ideal Integrated Society, 49 S. Tex. L. Rev. 205 (2007). Carrie L. Arnold, Note, Racial Profiling in Immigration Enforcement: State and Local Agreements to Enforce Federal... 2008
Alfreda A. Sellers Diamond Black, White, Brown, Green, and Fordice: the Flavor of Higher Education in Louisiana and Mississippi 5 Hastings Race and Poverty Law Journal 57 (Winter 2008) Law Review Articles and Other Secondary Sources   The question of race and its place in American life can appear in the most unpredictable and the most predictable places. We could not have predicted our encounter with the ire and laughter raised in the midst of the Martin Luther King Day 2006 comments of New Orleans Mayor Ray Nagin. Mayor Nagin spoke of the will of God in the creation and... 2008
Rose Cuison Villazor Blood Quantum Land Laws and the Race Versus Political Identity Dilemma 96 California Law Review 801 (June, 2008) Law Review Articles and Other Secondary Sources   Modern equal protection doctrine treats laws that make distinctions on the basis of indigeneity defined on blood quantum terms along a racial versus political paradigm. This dichotomy may be traced to Morton v. Mancari and, more recently, to Rice v. Cayetano. In Mancari, the Supreme Court held that laws that privilege members of American Indian... 2008
  Brief of Appellant (1/31/2008) Briefs   FN1. References to E.R. are to the cited page(s) in Appellant's Excerpts of Record filed herewith. FN2. The Museum made several additional arguments to the court below, including that... 2008
  Brief of Appellant (11/3/2008) Briefs   Appellant does not request oral argument. Note: Table of Contents page numbers missing in original document FN1. Although this document is dated December 25, 2005, plaintiff testified that... 2008
  Brief of Defendant-appellee United States of America (10/29/2008) Briefs   FN1. Citations to the Appendix filed by the Greenes will be cited as App. p. and citations to the Supplemental Appendix of the government will be cited as Supp. App. P. The government... 2008
  Brief of Plaintiffs/appellants in No. 07-3726 (1/31/2008) Briefs   FN1. Citations to JA ( ) are to the Joint Appendix. FN2. The July 17, 2000 documents are formally cited as Agreement Concerning the Foundation Remembrance, Responsibility and the... 2008
Beverly I. Moran Capitalism and the Tax System: a Search for Social Justice 61 SMU Law Review 337 (Spring 2008) Law Review Articles and Other Secondary Sources   America is a country founded on ideas. The Enlightenment presented one set of ideas that attended our birth, and one Enlightenment belief that is as strong today as during the revolution is our faith in capitalism and the protection of private property. Yet the United States tax system manages to violate fundamental capitalist principles, as... 2008
Shira T. Shapiro Case Note: How Republic of Austria v. Altmann and United States v. Portrait of Wally Relay the past and Forecast the Future of Nazi Looted-art Restitution Litigation 34 William Mitchell Law Review 1147 (2008) Law Review Articles and Other Secondary Sources   I. Introduction. 1148 II. The Basis for Nazi Looted-Art Litigation: Hitler's Cultural Obsession. 1150 III. The United States v. Portrait of Wally, A Painting by Egon Schiele Litigation. 1154 IV. The Republic of Austria v. Altmann Decision: Reclaiming Gustav Klimt. 1159 A. Initiation of Legal Proceedings. 1163 B. Analysis of Altmann. 1166 V. Schiele... 2008
Eric A. Posner , Cass R. Sunstein Climate Change Justice 96 Georgetown Law Journal 1565 (June, 2008) Law Review Articles and Other Secondary Sources   Reductions in greenhouse gas emissions would cost some nations much more than others and benefit some nations far less than others. Significant reductions would likely impose especially large costs on the United States, and recent projections suggest that the United States is not among the nations most at risk from climate change. In these... 2008
Kenneth R. Feinberg Comment on Basic Compensation for Victims of Climate Change 38 Environmental Law Reporter News & Analysis 10530 (August, 2008) Law Review Articles and Other Secondary Sources   In his article, Basic Compensation for Victims of Climate Change, Prof. Daniel A. Farber makes a valuable contribution to the subject of global climate change by proposing ways in which certain types of injuries could be included in a workable compensation scheme. Adopting some of the fundamental concepts of past and present compensation... 2008
Alfred L. Brophy Considering William and Mary's History with Slavery: the Case of President Thomas Roderick Dew 16 William & Mary Bill of Rights Journal 1091 (April, 2008) Law Review Articles and Other Secondary Sources   Amidst the recent apologies for slavery from the legislatures of Virginia, Maryland, North Carolina, Alabama, New Jersey, and Florida, there is significant controversy over the wisdom of investigations of institutions' connections to slavery and apologies for those connections. The divide over attitudes toward apologies falls along racial lines.... 2008
Robert J. Delahunty Constitutional Justice or "Constitutional Peace"? The Supreme Court and Affirmative Action 65 Washington and Lee Law Review 11 (Winter, 2008) Law Review Articles and Other Secondary Sources   The problem of constitutional evil is the topic of a recent and provocative book by historian and law professor Mark Graber. The problem arises because the formation and the maintenance of constitutions such as ours require concessions by one group of citizens to another group who, in the eyes of the former, are committed to radically unjust... 2008
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