AuthorTitleCitationDocument TypeStatusSummaryYear
K.J. Greene Copynorms, Black Cultural Production, and the Debate over African-american Reparations 25 Cardozo Arts and Entertainment Law Journal 1179 (2008) Law Review Articles and Other Secondary Sources   I. African-American Creativity, Invention and innovation in historical context. 1182 A. Racial Subordniation in the Intellectual Property Context. 1183 B. Invisibility of Black Cultural Production in the Intellectual Property Context. 1184 C. The Centrality of African-American Cultural Production to U.S. Culture and Law. 1185 D. Black Creativity in... 2008
Ann Bartow Copyright Law and Pornography: Reconsidering Incentives to Create and Distribute Pornography 39 University of Baltimore Law Forum 75 (Fall 2008) Law Review Articles and Other Secondary Sources   As it moved into the mainstream in the 1970s and early 1980s, pornography obtained copyright protections through judicial fiat, rather than as a result of legislative action. This essay explains how pornography came to be eligible for copyright protections, discusses the social and legal effects of this change, and raises questions about the... 2008
J. Carolina Chavez Copyright's "Elephant in the Room": a Realistic Look at the Role of Moral Rights in Modern American Copyright 36 AIPLA Quarterly Journal 125 (Spring, 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 126 II. A Historic Tradition: Different Origins, Different Goals?. 127 A. American Copyright. 127 B. Droit Moral. 131 1. Historical Evolution of Droit Moral. 131 2. Philosophical Evolution of Droit Moral. 133 III. A Changing Tradition: Moral Rights Meet American Copyright. 134 A. Common Law Moral Rights. 136 B. Trademark Law Moral... 2008
Guadalupe T. Luna Cultural, Ethnic, and Religious Fragmentation 20 Saint Thomas Law Review 622 (Spring 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 622 II. Knowledge Production: The Essays. 623 III. Summary. 639 IV. Conclusion. 641 2008
  Defendant Honeywell International Inc.'S Reply in Support of Motion to Dismiss Plaintiffs' Complaint (6/5/2008) Trial Court Documents   Date: June 19, 2008 Time: 2:00 p.m. Courtroom: 2 Defendant Honeywell International Inc. (Honeywell) hereby files this reply brief in support of its motion to dismiss plaintiffs' complaint... 2008
Kimberly A. Yuracko Education off the Grid: Constitutional Constraints on Homeschooling 96 California Law Review 123 (February, 2008) Law Review Articles and Other Secondary Sources   Homeschooling in America is no longer a fringe phenomenon. Estimates indicate that well over one million children are currently being homeschooled. Although homeschoolers are a diverse group, the movement has come to be defined and dominated by its fundamentalist Christian majority. Many Christians who choose to homeschool do so in order to shield... 2008
Dania Palanker Enslaved by Pain: How the U.s. Public Health System Adds to Disparities in Pain Treatment for African Americans 15 Georgetown Journal on Poverty Law and Policy 847 (Fall, 2008) Law Review Articles and Other Secondary Sources   Race-based health disparities have garnered significant attention from researchers and policy makers. African Americans have poorer access to care, receive lower quality healthcare treatment, and have poorer health outcomes than whites. In recent years, it has become clear that African Americans also receive poorer pain treatment. The problem of... 2008
Robert W. Collin Environmental Justice in Oregon: It's the Law 38 Environmental Law 413 (Spring 2008) Law Review Articles and Other Secondary Sources   As states have grappled with new policy approaches and processes to begin resolution of environmental injustices, the issues, approaches, and observations from the first of state level environmental justice task forces and commissions can inform all stakeholders of their efficacy. These new Environmental Justice processes may also develop... 2008
N. Jeremi Duru Exploring Jethroe's Injustice: the Impact of an Ex-ballplayer's Legal Quest for a Pension on the Movement for Restorative Racial Justice 76 University of Cincinnati Law Review 793 (Spring 2008) Law Review Articles and Other Secondary Sources   Introduction. 794 I. Jethroe's Injustice. 796 A. Discriminatory Denial. 796 B. Making the Majors. 798 C. Life After Baseball. 800 II. Section 1981 as a Basis for Jethroe Claims. 803 A. Section 1981's Origins. 803 B. Section 1981's Scope. 804 III. The Jethroe Claim: A Reparations Argument?. 809 A. The Wide World of Reparations. 809 B. Deconstructing... 2008
Guadalupe T. Luna Farmer Operations of Color and Food Based Coalitions 20 Saint Thomas Law Review 580 (Spring 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 580 II. An Agricultural History. 582 III. New Demographic Trends. 585 IV. An Agrarian Possibility? An Agricultural Antitrust Exception. 587 V. Conclusion. 592 2008
  Final Brief of Intervenors Caci International Inc and Caci Premier Technology, Inc. (11/21/2008) Briefs   Intervenor CACI Premier Technology, Inc. is a privately-held company. Intervenor CACI International Inc is a publicly-traded company and is CACI Premier Technology, Inc.'s ultimate parent... 2008
Christine J. Hung For Those Who Had No Voice: the Multifaceted Fight for Redress by and for the "Comfort Women" 15 Asian American Law Journal 177 (May, 2008) Law Review Articles and Other Secondary Sources   These days I hum a song, Katusa, putting my own words to the tune: I am so miserable; return my youth to me; apologize . . . . You dragged us off against our own will. You trod on us. Apologize . . . --Lee Yong-soo, former Korean comfort woman, testifying in the U.S. House of Representatives in February 2007 For the Asian women who were... 2008
Charles R.P. Pouncy Foreword: Latcrit Xii--the Critical Locality and the Processes of Community 20 Saint Thomas Law Review 387 (Spring 2008) Law Review Articles and Other Secondary Sources   I. Introduction. 387 II. The Critical Locality and LatCrit Literature. 388 III. The Symposium Clusters. 393 IV. Cluster I--Immigration and Cosmopolitanism. 394 V. Cluster II: Economics Interpersonal, Structural and Political. 402 VI. Cluster III: Regions and Cultures. 417 VII. Cluster IV: Critical Politics and Jurisprudence. 424 VIII. Cluster V:... 2008
  Frivolous Positions Notice 2008-14 (1/14/2008) Administrative Decisions & Guidance     2008
Larry Catá Backer From Moral Obligation to International Law: Disclosure Systems, Markets and the Regulation of Multinational Corporations 39 Georgetown Journal of International Law 591 (Summer, 2008) Law Review Articles and Other Secondary Sources   Abstract: It is well known that soft international law has begun to provide incentives for the management of a values-based behavior structure for multinational corporations. This paper will argue that hard international law can serve as a vehicle for the enhancement of a market environment in which corporate stakeholders, and principally consumers... 2008
Joshua H. Joseph Gender and International Law: How the International Criminal Court Can Bring Justice to Victims of Sexual Violence 18 Texas Journal of Women and the Law 61 (Fall 2008) Law Review Articles and Other Secondary Sources   I. The Definition of Gender Within the Statute. 65 1. Introduction. 65 A. The Inclusion of Gender in the Non-Discrimination Clause. 66 B. The Statutory Meaning of Gender. 67 2. Conclusion. 69 II. Overarching Crimes Falling Under the Statute's Jurisdiction. 69 1. Introduction. 69 2. The Role of the EOC Annex. 70 3. Crimes Against Humanity. 71 A.... 2008
  General Electric Company (1/11/2008) Administrative Decisions & Guidance     2008
Hannibal Travis Genocide in Sudan: the Role of Oil Exploration and the Entitlement of the Victims to Reparations 25 Arizona Journal of International & Comparative Law L. 1 (Spring, 2008) Law Review Articles and Other Secondary Sources   Just as war can be a form of politics carried on by other means, so can genocide represent economic policy carried out by means of mass murder. Genocide is often the outcome of acts designed to enrich a dominant racial, ethnic, religious, or political group at the expense of smaller, weaker, or supposedly inferior groups that possess valuable... 2008
  Gérard v. Board of Regents of Georgia Slip Copy, United States District Court, N.D. Georgia, Atlanta Division. (7/31/2008) Cases As of January 6, 2020 case has not been reversed or overruled. Géoving Joseph Gérard (plaintiff), proceeding pro se, brings this employment discrimination action against his former employer, the Georgia Institute of Technology (Georgia Tech), the Georgia Tech Research Corporation (GTRC), and the Board of Regents of the State of Georgia (the... 2008
  Greene v. U.s. Dept. Of Educ. Not Reported in F.Supp.2d, United States District Court, N.D. Indiana, Fort Wayne Division. (3/27/2008) Cases As of January 6, 2020 case has not been reversed or overruled. This matter is before the court on an objection to report and recommendation, filed by the plaintiffs, Frederick Vaughn Greene and Terri Lynn Greene (the Greenes), pro se, on February 22, 2008. The government responded to the objection on March 3, 2008. The Greenes have declined to file a reply. On July 29, 2005, the Greenes filed a Chapter 7... 2008
  Gross v. German Foundation Indus. Initiative 549 F.3d 605, United States Court of Appeals, Third Circuit. (12/10/2008) Cases As of January 6, 2020 case has not been reversed or overruled. INTERNATIONAL LAW - Treaties and Conventions. Joint statement regarding creation of Holocaust survivors' reparation fund did not create private right of action. 2008
Rodney Petersen, Thomas Porter Honest Patriots: Loving a Country Enough to Remember its Misdeeds. By Donald W. Shriver, Jr. Oxford University Press 2005. Pp. 368. $35.00. Isbn: 0-195-15153-4. 23 Journal of Law and Religion 785 (2007-2008) Law Review Articles and Other Secondary Sources   Donald Shriver, Union Theological Seminary President Emeritus, describes Honest Patriots as a sequel to his 1995 book, An Ethic for Enemies: Forgiveness in Politics, where he began a significant conversation on forgiveness as a political virtue. For him, repentance is indispensable to a genuine forgiveness-transaction between human beings. (vii)... 2008
Robin D. Barnes How Civil Rights and Pro-peace Demonstrations Transformed the Press Clause Through Surrogacy 34 William Mitchell Law Review 1021 (2008) Law Review Articles and Other Secondary Sources   I. Introduction. 1021 II. Liberty of Conscience. 1025 A. Historical Backdrop. 1025 B. Theory and Rhetoric of Free Speech. 1029 C. Credibility and Access to Public Debate. 1037 III. Student Protest Movement's Legacy of Speech and Association. 1039 A. History of Civil Rights. 1039 B. Protests for Civil Rights and World Peace. 1045 IV. Expanding Press... 2008
Raymond A. Atuguba Human Rights and the Limits of Public Interest Law: Ghana's Reaction to a Messy World Phenomenon 13 UCLA Journal of International Law and Foreign Affairs 97 (Spring 2008) Law Review Articles and Other Secondary Sources   Currently international financial and development organizations are seeking to enforce the social welfare commitments made by the Ghanian government which have been consistently deferred and neglected despite constitutional guarantees. In a parallel movement public interest lawyers in Ghana are adapting the concept of rights-based approaches... 2008
George A. Martínez Immigration: Deportation and the Pseudo-science of Unassimilable Peoples 61 SMU Law Review Rev. 7 (Winter 2008) Law Review Articles and Other Secondary Sources   AMERICA is in the midst of an immigration crisis. Immigrants are now seen as a threat to Anglo-American culture. Military-like efforts are now being made to seal off the United States-Mexico border, resulting in thousands of deaths. In response to proposals to enact harsh immigration laws, immigrants took to the streets in cities across America in... 2008
John R. Schmertz, Mike Meier In Dispute over Interest on World War Ii Reparations from Germany, Third Circuit Finds That Joint Statement and 2000 Berlin Accords That Provide for Reparations Fund Are International Political Documents Not Enforceable Contracts and Do Not Confer Private 14 International Law Update 178 (November, 2008) Law Review Articles and Other Secondary Sources   The Berlin Accords came into being in July 2000 after intense negotiations to resolve long-pending claims over Nazi-era slave labor, forced labor, appropriations of personal property, and dishonored insurance policies. Germany and a consortium of German companies each agreed to contribute 5 billion German Marks to the Reparations Fund created by... 2008
Allison M. Dussias Indigenous Languages under Siege: the Native American Experience 3 Intercultural Human Rights Law Review Rev. 5 (2008) Law Review Articles and Other Secondary Sources   It's soul-satisfying to be able to read and speak your own language. -- Richard Littlebear, Northern Cheyenne [L]anguage is so important, because it is one thing that we can keep alive, that can never change. If we're able to keep our language going, we'll be able to pass on knowledge, from generation to generation. Without it, we're going to lose... 2008
K.J. Greene Intellectual Property at the Intersection of Race and Gender: Lady Sings the Blues 16 American University Journal of Gender, Social Policy and the Law 365 (2008) Law Review Articles and Other Secondary Sources   I. The Emergence of Race in Legal Analysis. 367 A. Intellectual Property, Innovation and African-Americans. 368 B. Blacks and Copyright Law. 370 C. Blacks and Trademark Law. 374 II. The Emerging Feminist Critique of Intellecual Property. 378 A. African-American Women and IP. 380 III. Traditional Knowledge/Indigenous Peoples and Intellectual... 2008
K.J. Greene Intellectual Property Expansion: the Good, the Bad, and the Right of Publicity 11 Chapman Law Review 521 (Spring 2008) Law Review Articles and Other Secondary Sources   My first reaction upon being asked to write about the right of publicity was, Oh no, not another right of publicity article! Is there really anything left to say about this topic, given the proliferation of writing on it in the last ten to fifteen years? A lot has been said about the right of publicity, most of it negative. The right of... 2008
Katrina Miriam Wyman Is There a Moral Justification for Redressing Historical Injustices? 61 Vanderbilt Law Review 127 (January, 2008) Law Review Articles and Other Secondary Sources   Introduction. 128 I. Background on U.S.-Based Claims for Redress. 132 A. What is a Historical Injustice?. 133 B. How Are Claims for Redress Advanced?. 134 C. Why Are Claims Brought and What Remedies Are Requested?. 136 II. Two Less Promising Moral Arguments For Redress. 140 A. Redress Deters. 140 B. Redress Promotes Distributive Justice. 143 III.... 2008
  Jpmorgan Chase & Co. (2/20/2008) Administrative Decisions & Guidance     2008
Carl A. Auerbach Legislative Facts in Grutter v. Bollinger 45 San Diego Law Review 33 (February-March) Law Review Articles and Other Secondary Sources   In 1924, Henry Wolf Biklé, a Philadelphia lawyer who also taught at the University of Pennsylvania Law School for twenty-eight years, published a pioneering article to show that the constitutional validity of legislative action often depended on generalizations about social, economic, political, scientific, medical, or psychological matters that... 2008
Angela P. Harris Loving Before and after the Law 76 Fordham Law Review 2821 (May, 2008) Law Review Articles and Other Secondary Sources   Since the founding of the nation, marriage has played both a central role in the American political imagination and the political economy of the United States--so much so that it makes sense to view marriage as a practice of national citizenship. Citizenship, as Linda Bosniak and others have noted, can usefully be understood as comprising a... 2008
  Maersk, Inc. v. Neewra, Inc. 554 F.Supp.2d 424, United States District Court, S.D. New York. (3/27/2008) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. LITIGATION - Jurisdiction. Exercise of jurisdiction over Kuwaiti defendant under New York's long-arm statute satisfied due process. 2008
  Malone v. Clark Nuber, P.s. Not Reported in F.Supp.2d, United States District Court, W.D. Washington, at Seattle. (6/23/2008) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. This matter comes before the Court on five motions to dismiss filed by the following moving defendants: (1) Clark Nuber P.S. and two of its employees, Thomas Joseph Sedlock, an attorney, and James Dubeck, a certified public accountant (collectively, Clark Nuber); (2) the Seattle law firm of Ahrens & DeAngeli, PLLC and one of its partners,... 2008
Jeffrey W. Stempel Mandating Minimum Quality in Mass Arbitration 76 University of Cincinnati Law Review 383 (Winter 2008) Law Review Articles and Other Secondary Sources   Introduction. 384 I. The Post- McMahon World of Mass Privatized Dispute Resolution and the Need for Adequate Legal Supervision. 385 A. Distinguishing Mass Arbitration from Custom Arbitration. 385 B. The Stronger Need for Mandated Minimum Fairness and Quality Control in Mass Arbitration. 387 C. Arbitration as Adjudication as Regulation: Instrumental... 2008
  Memorandum of Defendant Caci Premier Technology, Inc. in Support of its Motion to Dismiss Plaintiffs' Fourth Amended Complaint (1/4/2008) Trial Court Documents   Of the thirteen Plaintiffs who have alleged claims against CACI PT in this action, eleven of them make no claim that they had any interaction with a CACI PT interrogator. These Plaintiffs'... 2008
  Memorandum of Defendants Caci International Inc and Caci Premier Technology, Inc. in Support of Their Motion to Dismiss Plaintiffs' Fourth Amended Complaint (1/4/2008) Trial Court Documents   As referenced above, Plaintiffs' Fourth Amended Complaint does not contain a single allegation of contact between a Plaintiff and a CACI PT interrogator. Rather, all of the facts relevant... 2008
  Memorandum of Law in Opposition to Plaintiff's Motion for a Default Judgment (6/9/2008) Trial Court Documents   This memorandum is submitted by Defendants Forest City Ratner Companies, LLC (incorrectly sued herein as Forrest City Ratner Co.mpanies) (FCRC), Bruce Ratner, New Jersey Basketball, LLC... 2008
  Memorandum of Law in Support of Defendant Barclays Bank Plc's Motion to Dismiss the Second Amended Complaint (12/3/2008) Trial Court Documents   FN1. On December 3, 2008, defendants Forest City Ratner Companies, Bruce Ratner, The New Jersey Nets, and Shawn Jay-Z Carter filed a memorandum of law in support of their motion to... 2008
Harry G. Hutchison Moving Forward? Diversity as a Paradox? A Critical Race View 57 Catholic University Law Review 1059 (Summer, 2008) Law Review Articles and Other Secondary Sources   I. L2-4,T4Introduction 1059 II. L2-4,T4From Racial Justice to Diversity 1070 III. L2-4,T4Justice O'Connor: From Grutter to the Future 1072 A. L3-4,T4Prolegomena to Grutter 1072. B. L3-4,T4Toward a Critical Race View of the Cathedral 1075. 1. Racial Balancing and the Non-Obvious Use of Race?. 1077 2. Remedying Societal Discrimination in the Mirror... 2008
Janet Halley My Isaac Royall Legacy 24 Harvard BlackLetter Law Journal 117 (Spring 2008) Law Review Articles and Other Secondary Sources   Note to the reader: What follows is a revised version of remarks I delivered on Monday, September 17, 2006 in the Casperson Room at Harvard Law School, at the time of my appointment to the Royall Chair of Law. The portrait of the donor, Isaac Royall, reproduced here as Plate 1 and discussed below, was behind the lectern. I am very grateful to the... 2008
Diane J. Klein Naming and Framing the "Subject" of Antebellum Slave Contracts: Introducing Julia, "A Certain Negro Slave," "A Man," Joseph, Eliza, and Albert 9 Rutgers Race & the Law Review 243 (2008) Law Review Articles and Other Secondary Sources   There is such perfect union between the spiritual quest for awareness, enlightenment, self-realization, and the struggle of oppressed people, colonized people to change our circumstance, to resist -- to move from object to subject .. -- bell hooks, 1990 [T]oil with him in the field -- sleep with him in the cabin -- feed with him on husks . behold... 2008
Gwynne Skinner Nuremberg's Legacy Continues: the Nuremberg Trials' Influence on Human Rights Litigation in U.s. Courts under the Alien Tort Statute 71 Albany Law Review 321 (2008) Law Review Articles and Other Secondary Sources   In March of 2005, four Palestinian families and the parents of Rachel Corrie, an American, filed a lawsuit against Caterpillar, Inc. under the Alien Tort Statute (ATS) and general federal jurisdiction, for aiding and abetting the Israel Defense Forces' (IDF) commission of war crimes and other human rights violations by knowingly providing the... 2008
  Plaintiffs' Memorandum in Opposition to Defendant Sheikh Hamdan's Motion to Dismiss the Complaint (6/20/2008) Trial Court Documents   FN1. Sosa, 542 U.S. at 714 (Sosa would have it that the ATS was stillborn because there could be no claim for relief without a further statute expressly authorizing adoption of causes of... 2008
  Plaintiff's Opposition in Response to Motion to Dismiss by Clark Nuber, Sedlock and Dubeck (2/25/2008) Trial Court Documents   A Rule 12(b)(6) motion should not be granted unless it appears beyond a doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.... 2008
  Plaintiffs' Opposition to Defendant Honeywell International Inc.'S Motion to Dismiss Plaintiffs' Complaint; Memorandum of Points and Authorities in Support (5/29/2008) Trial Court Documents   Date: June 19, 2008 Time: 2:00 p.m. Courtroom: 2 This case involves product liability tort claims asserted against private entities for monetary damages based on a helicopter crash during a... 2008
Abigail Perkiss Public Accountability and the Tuskegee Syphilis Experiments: a Restorative Justice Approach 10 Berkeley Journal of African-American Law & Policy 70 (2008) Law Review Articles and Other Secondary Sources   The United States Government did something that was wrong, deeply, profoundly, morally wrong. It was an outrage to our commitment to integrity and equality for all our citizens. We can end the silence. We can stop turning our heads away. We can look at you in the eye and finally say on behalf of the American people what the United States Government... 2008
Fernne Brennan Race Rights Reparations: Exploring a Reparations Framework for Addressing Trade Inequality 30 Hamline Journal of Public Law and Policy 89 (Fall 2008) Law Review Articles and Other Secondary Sources   Tearing people from their families, communities, culture and economies for the purpose of commerce, underpinned by racial discrimination is clearly a moral wrong that the legal system should correct. When it comes to the African Holocaust, however, the narrative shifts. Why rake up the past? Why should Europe carry the guilt? Pay? The relevance to... 2008
Shubha Ghosh Race-specific Patents, Commercialization, and Intellectual Property Policy 56 Buffalo Law Review 409 (May, 2008) Law Review Articles and Other Secondary Sources   Patent reform is at the forefront of current academic and policy debates. Bad press on the quality of issued patents, litigation disruptive to competition and business, and the perceived impact of a seemingly broken system on innovation have each--and in combination--driven the movement to fix the patent system. This Article addresses the... 2008
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