AuthorTitleCitationDocument TypeStatusSummaryYear
Mike Lillis and Scott Wong Democrats Seek to Tap into Fury over George Floyd The Hill (6/7/2020) Law Review Articles and Other Secondary Sources   House Democrats intend to go big in their coming legislation to tackle systemic racism and patterns of violence against African Americans a package responding to the killing of an unarmed black man by Minneapolis police exactly two weeks ago. 2020
A. Mechele Dickerson Designing Slavery Reparations: Lessons from Complex Litigation 98 Texas Law Review 1255 (June, 2020) Law Review Articles and Other Secondary Sources   Ten years ago, the U.S. Senate and House of Representatives enacted resolutions that apologized to Black Americans on behalf of the people of the United States[] for the wrongs committed against them and their ancestors who suffered under slavery and Jim Crow laws. Despite acknowledging the fundamental injustice, cruelty, brutality, and... 2020
Timothy Webster Disaggregating Corporate Liability: Japanese Multinationals and World War Ii 56 Stanford Journal of International Law 175 (Summer, 2020) Law Review Articles and Other Secondary Sources   I. Forced Labor in World War II: China, Japan, Korea. 182 A. Forced Labor in Korea. 183 B. Forced Labor in China. 184 C. After World War II. 186 D. After the Cold War: An Overview of Transnational War Reparations Litigation. 187 II. Corporate Civil Liability for World War II Human Rights Abuses. 190 A. Negligence Liability. 195 1. Duty of Health... 2020
Holt Ortiz Alden Discovering the Victim: the Enduring Problem with "High-crime Areas" 16 Stanford Journal of Civil Rights & Civil Liberties 385 (June, 2020) Law Review Articles and Other Secondary Sources   In 1995, Chicago police officers stopped and frisked Sam Wardlow, a black man, after he reportedly ran from them in a high-crime area of Chicago, Illinois. The Supreme Court ultimately upheld the stop and frisk in Illinois v. Wardlow, concluding that flight from law enforcement in a high-crime area constituted sufficient reasonable articulable... 2020
Danielle D. Rogers Dreams of Liberation Bound by Bondage 28 Michigan State International Law Review 323 Law Review Articles and Other Secondary Sources   Economic crisis and political instability in Sub-Saharan Africa force Africans to leave their countries and travel to the European Union in hope of better opportunities. Upon travel to the European Union, African migrants are subject to risks such as drowning or captivity as slaves. Libya serves as a point of transit for a large number of African... 2020
Jasmine Armand Establishing Economic Independence in Haiti Through Public-private Partnerships and Foreign Direct Investments 40 Northwestern Journal of International Law and Business 363 (Spring, 2020) Law Review Articles and Other Secondary Sources   In 1804, the Caribbean island of Haiti became the first black republic in the world after leading the only successful slave rebellion in history to result in the formation of an independent nation. Overflowing with valuable natural resources and equipped with a strategic Caribbean location, Haiti was positioned to remain one of the most prosperous... 2020
Adrienne D. Davis Estate Planning with Shaq and Strom: Teaching Post-mortem Intimacy Audits 62 Washington University Journal of Law & Policy 99 Law Review Articles and Other Secondary Sources   I love teaching Trusts and Estates. I introduce the doctrine as a set of rules that, taken together, conducts what we might think of as post-mortem audits of the intimacy choices of the living. I approach the course, which I affectionately call Dead Law, as raising questions about which lifetime affective bonds the law recognizes after death. As... 2020
Michael S. Lewis Evil History: Protecting Our Constitution Through an Anti-originalism Canon of Constitutional Interpretation 18 University of New Hampshire Law Review 261 (March, 2020) Law Review Articles and Other Secondary Sources   ABSTRACT. This review assesses three recent books on the subject of originalism. Each approaches the question of originalism from a different angle. None of the books confronts the raw challenge to the authority of the framers leveled by Justice Thurgood Marshall in his speech upon the bicentennial of the United States Constitution. Marshall argued... 2020
Peter Nien-chu Kiang Exploring Boston's Nisei Sources and Contributions to the Japanese American Redress Movement 27 Asian American Law Journal 53 Law Review Articles and Other Secondary Sources   Editorial Note: Cited Attachments can be found at the article link on the Asian American Law Journal website. Introduction. 53 I. Archival Sources in Asian American Studies. 54 II. Overview of Nisei History in Boston. 55 III. Local Nisei Leadership Legacies. 58 IV. Boston's Contributions to the... 2020
Daniel A. Crane Fascism and Monopoly 118 Michigan Law Review 1315 (May, 2020) Law Review Articles and Other Secondary Sources   The recent revival of political interest in antitrust has resurfaced a longstanding debate about the role of industrial concentration and monopoly in enabling Hitler's rise to power and the Third Reich's wars of aggression. Proponents of stronger antitrust enforcement argue that monopolies and cartels brought the Nazis to power and warn that rising... 2020
  Federal Preemption West's ALR Digest Human Trafficking and Slavery (December 2020 Update) Law Review Articles and Other Secondary Sources     2020
John Reynolds Fortress Europe, Global Migration & the Global Pandemic 114 AJIL Unbound 342 Law Review Articles and Other Secondary Sources   The European Union's external border regime is a manifestation of continuing imperialism. It reinforces particular imaginaries of Europe's wealth as somehow innate (rather than plundered and extorted ) and of Europeanness itself as whiteness--euphemistically packaged as a European Way of Life to be protected. This exposes international law's... 2020
Allan E. Korpela, LL.B. Fraud, Misrepresentation, or Deception as Estopping Reliance on Statute of Limitations 43 American Law Reports ALR3d 429 Law Review Articles and Other Secondary Sources   This annotation collects those cases which discuss generally the availability to the plaintiff of the doctrine of equitable estoppel to deprive the defendant of the defense of the statute of limitations where the primary ground advanced in support of estoppel is that plaintiff was induced by fraudulent conduct, misrepresentation, or deception, on... 2020
Trina Jones , Jessica L. Roberts Genetic Race? Dna Ancestry Tests, Racial Identity, and the Law 120 Columbia Law Review 1929 (November, 2020) Law Review Articles and Other Secondary Sources   Can genetic tests determine race? Americans are fascinated with DNA ancestry testing services like 23andMe and AncestryDNA. Indeed, in recent years, some people have changed their racial identity based upon DNA ancestry tests and have sought to use test results in lawsuits and for other strategic purposes. Courts may be similarly tempted to use... 2020
Camille Lamar Campbell Getting at the Root Instead of the Branch: Extinguishing the Stereotype of Black Intellectual Inferiority in American Education, a Long-ignored Transitional Justice Project 38 Law & Inequality: A Journal of Theory and Practice 1 (Summer, 2020) Law Review Articles and Other Secondary Sources   L1-2Table of Contents Introduction. 2 I. Transitional Justice Primer: Central Tenets, Prevalent Practices, and Modern-Day Applications. 6 A. Transitional Justice Tenets and Prevalent Practices. 9 B. Applying Transitional Justice Principles to Stable Democracies. 11 II. Lost in Transition: The Court's Transitional Jurisprudence Replicates the... 2020
  Gop's Gohmert Introduces Resolution That Would Ban the Democratic Party (7/23/2020) Law Review Articles and Other Secondary Sources   Rep. Louie Gohmert (R-Texas) introduced a House resolution Thursday calling on lawmakers to ban organizations or political groups that have historically supported the Confederacy or slavery in the U.S., a list he said includes the Democratic Party. 2020
  Gov § 8301 § 8301 State Healthcare Laws Library Libr. 6422771 Law Review Articles and Other Secondary Sources   (a) The Legislature makes the following findings and declarations: (1) More than 4,000,000 Africans and their descendants were enslaved in the United States and the colonies that became the United States from 1619 to 1865, inclusive. (2) The institution of slavery was constitutionally and statutorily sanctioned by the United States from 1789... 2020
  Gov § 8301.1 § 8301.1 State Healthcare Laws Library Libr. 6422772 Law Review Articles and Other Secondary Sources   (a) There is hereby established the Task Force to Study and Develop Reparation Proposals for African Americans, with a Special Consideration for African Americans Who are Descendants of Persons Enslaved in the United States (Task Force). (b) The Task Force shall perform all of the following duties: (1) Identify, compile, and synthesize the relevant... 2020
  Gov § 8301.2 § 8301.2 State Healthcare Laws Library Libr. 6422776 Law Review Articles and Other Secondary Sources   (a) The Task Force shall consist of nine members, appointed as follows: (1) Five members shall be appointed by the Governor. (2) Two members shall be appointed by the President pro Tempore of the Senate and two members shall be appointed by the Speaker of the Assembly. (b) The Governor's appointees shall include all of the following: (1) One... 2020
  Gov § 8301.3 § 8301.3 State Healthcare Laws Library Libr. 6422770 Law Review Articles and Other Secondary Sources   (a) For the purpose of carrying out the provisions of this chapter, the Task Force may do all of the following: (1) Hold hearings and sit and act at any time and location in California. (2) Request the attendance and testimony of witnesses. (3) Request the production of books, records, correspondence, memoranda, papers, and documents. (4) Seek an... 2020
  Gov § 8301.4 § 8301.4 State Healthcare Laws Library Libr. 6422775 Law Review Articles and Other Secondary Sources   (a) The Task Force may appoint and fix the compensation of such personnel as the Task Force considers appropriate. (b) The Task Force shall have the administrative, technical, and legal assistance of the Department of Justice. (c) The Task Force may procure supplies, services, and property by contract in accordance with applicable laws and rules.... 2020
  Gov § 8301.5 8562 State Healthcare Laws Library Libr. 6422773 Law Review Articles and Other Secondary Sources   Any state level reparation actions that are undertaken as a result of this chapter are not a replacement for any reparations enacted at the federal level, and shall not be interpreted as such. HISTORY: Added Stats 2020, ch. 319, § 1, (AB. 3121), eff. September 30, 2020. 2020
  Gov § 8301.7 § 8301.7 State Healthcare Laws Library Libr. 6422774 Law Review Articles and Other Secondary Sources   This chapter shall remain in effect until July 1, 2023, and as of that date is repealed. HISTORY: Added Stats 2020, ch. 319, § 1, (AB. 3121), eff. September 30, 2020. 2020
Jacob Z. Bolton Health in All or Profit for Some: Health and Racial Equity in All Policy for a Just Transition 20 Journal of Law in Society 315 (Summer, 2020) Law Review Articles and Other Secondary Sources   C1-2TABLE OF CONTENTS Introduction. 315 Background. 317 L1 A. Background on Climate Destabilization. L2317 L1 B. Background on Climate Destabilization Law. L2322 L1 C. Proposals for U.S. Climate Change Law. L2329 L1 D. Building Local Institutions for Climate Justice. L2335 I. Climate Change & Inequity: A Root Cause Analysis. 338 II. Frame Policies... 2020
K. A. Drechsler Inadequacy of Legal Remedy as Basis for Equitable Relief from Levy of Execution 171 American Law Reports ALR 221 Law Review Articles and Other Secondary Sources   The reported case for this annotation is Baker v. Lloyd, 1947 OK 12, 198 Okla. 512, 179 P.2d 913, 171 A.L.R. 217 (1947). 2020
Anne Bloom Injury and Injustice 16 Annual Review of Law and Social Science 241 Law Review Articles and Other Secondary Sources   injury, litigation, politics, tort, courts, civil justice This review examines the state of scholarship on the politics of injury law, a relatively neglected field. I argue that injury law is an important site of political contestation, particularly for social and economic minorities, that should receive much more attention from law and social... 2020
  Introduction 133 Harvard Law Review 2062 (April, 2020) Law Review Articles and Other Secondary Sources   In American law schools, first-year students learn about the basic obligations of private law through two required classes: contracts and torts. For the most part, those students do not learn about a third source of obligation: unjust enrichment. This obligation rests on a simple premise--that [a] person who is unjustly enriched at the expense of... 2020
Lateef Mtima Ip Social Justice Theory: Access, Inclusion, and Empowerment 55 Gonzaga Law Review 401 (2019/2020) Law Review Articles and Other Secondary Sources   C1-3Table of Contents I. Introduction. 402 II. The Law and Policy Pre-History of Intellectual Property Social Justice. 403 A. Judicial Social Balancing of IP Stakeholder Interests to Promote the Progress of the Arts and Sciences. 403 B. Countervailing Forces: The Commodification of IP Law. 405 C. Challenging the Status Quo: The Advent of... 2020
María Barraco Is Human Trafficking a Crime That Should Not Be Subject to Any Statute of Limitations? 24 Human Rights Brief 59 (Winter 2020) Law Review Articles and Other Secondary Sources   This paper has two aims: 1) to analyze if the prohibition of human trafficking and slavery are jus cogens norms, and if they consequently constitute crimes that shall not be subject to any statute of limitations; 2) to analyze if the criminal provisions on slavery and human trafficking of the States Parties to the American Convention on Human... 2020
Shajuti Hossain Lessons from Blackamerican Lawyers' Social Justice Advocacy for Immigrant Muslim Lawyers 24 U.C. Davis Social Justice Law Review 63 (Summer, 2020) Law Review Articles and Other Secondary Sources   About seven-in-ten American Muslims (69%) believe that working for justice . is essential to their identity. Blackamerican Muslim lawyers provide a particularly strong example of social justice advocacy. Today, immigrant Muslim lawyers are fighting against injustice as well. Although their histories and experiences differ significantly, immigrant... 2020
Nkechi Taifa Let's Talk about Reparations 10 Columbia Journal of Race and Law 1 Law Review Articles and Other Secondary Sources   In the spring of the 2019, the Columbia Journal of Race and Law invited activist, attorney and scholar, Nkechi Taifa, to Columbia Law School for a public lecture on the topic of Reparations for descendent of enslaved Africans in the United States. Reparations has been a subject to much public discourse over the years and, in the last decade in... 2020
  Longtin V. Pollard Not Reported in N.W. Rptr.; Court of Appeals of Minnesota. (Docket Number A20-0200) (9/14/2020) Cases   Appellant challenges the district court's entry of summary judgment in favor of respondents on appellant's claims for civil assault and conspiracy to commit civil assault. We affirm the judgment because the circumstances surrounding the threatening statement at issue do not indicate any contemporaneous ability to carry out the threat and the... 2020
Stephanie J. Beach Nazi-confiscated Art: Eliminating Legal Barriers to Returning Stolen Treasures 53 Loyola of Los Angeles Law Review 853 (Summer, 2020) Law Review Articles and Other Secondary Sources   World War II ended over three-quarters of a century ago, but there still remain prisoners of war. Before and during the war, the Nazis confiscated approximately 650,000 works of art--an art theft orchestrated by Adolf Hitler to rid society of Jewish art and artists and to collect worthy works to build his own art capital. Seventy-five years... 2020
  Noteworthy Letters Just Released… 12 SEC No Action Letters Weekly Wkly. 1380900 Law Review Articles and Other Secondary Sources   CSX Corp. Slavery Shareholder Proposal The company seeks the staff's assurance that it may omit from its proxy materials a shareholder proposal from March Gallagher. The proposal requests that the company's board set aside sufficient funding to commission a study, beginning no later than the fourth quarter of 2020, to determine how the corporation... 2020
  Petition Supreme Court of the United States. (Docket Number No. 20-230.) (8/1/2020) Briefs   This Petitioner believes that, while living in HUD retirement housing his income would normally justify filing a Motion to Proceed In Forma Pauperis, his modest inherited resources preclude... 2020
  Plaintiffs' Memorandum in Futher Opposition to Defendants' Motion to Dismiss United States District Court, E.D. Virginia., Norfolk Division (Docket Number No. 4:19-CV-56.) (1/3/2020) Trial Court Documents   President Donald Trump, Mr. Robinson, Senator Kamala Harris and Virginia Lieutenant Governor Justin Fairfax have all engaged in what can only be described as ongoing threats, harassment and... 2020
Áquila Mazzinghy Please, Hear My Cry: Judicial Interpretation of Children's Human Rights under the Jurisprudence of the Inter-american Court of Human Rights 43 Hastings International and Comparative Law Review 35 (Winter, 2020) Law Review Articles and Other Secondary Sources   This research analyzed human rights violations against the children of the American continent over the past four decades, with a focus on the Latin American states. The research concentrated on the following crimes committed against children: extra-judicial killing, torture, sexual molestation, rape and forced disappearance. It analyzed, compared... 2020
Khiara M. Bridges Race, Pregnancy, and the Opioid Epidemic: White Privilege and the Criminalization of Opioid Use During Pregnancy 133 Harvard Law Review 770 (January, 2020) Law Review Articles and Other Secondary Sources   C1-2CONTENTS Introduction. 772 Formulations of White Privilege. 778 I. The Opioid Epidemic. 785 A. Race and the Opioid Epidemic. 788 B. Pregnancy and the Opioid Epidemic. 793 II. Substance Use During Pregnancy and the Law. 798 A. Civil Systems. 798 B. Criminal Systems. 803 1. Alabama. 810 2. South Carolina. 811 3. Tennessee. 812 III. The... 2020
Khiara M. Bridges Racial Disparities in Maternal Mortality 95 New York University Law Review 1229 (November, 2020) Law Review Articles and Other Secondary Sources   Racial disparities in maternal mortality have recently become a popular topic, with a host of media outlets devoting time and space to covering the appalling state of black maternal health in the country. Congress responded to this increased societal awareness by passing the Preventing Maternal Deaths Act at the tail end of 2018. The law provides... 2020
Roy L. Brooks, Warren Distinguished Professor of Law, University of San Diego School of Law Racial Reconciliation Through Black Reparations 63 Howard Law Journal 349 (Spring, 2020) Law Review Articles and Other Secondary Sources   A commission to study government redress for the atrocities of slavery and Jim Crow--what is popularly referred to as black reparations --is the subject of bills introduced in Congress in 2019. Most Democratic presidential contenders have also come out in support of H.R. 40, the House bill, and S.1083, the Senate bill. This puts the reparations... 2020
Nathan Tauger Racial Segregation in West Virginia Housing, 1929-1971 123 West Virginia Law Review 171 (Fall, 2020) Law Review Articles and Other Secondary Sources   I. Introduction. 171 II. Background. 173 III. Discussion. 175 A. The Race Restrictive Covenant Reaches the Supreme Court of Appeals of West Virginia in White v. White. 176 B. Racial Bars in the Federal Subsistence Homesteads. 180 C. Federal Lending Programs. 186 D. Urban Public Housing and Segregation. 192 E. Renting in the Private Market. 200 F.... 2020
Palma Joy Strand, Nicholas A. Mirkay Racialized Tax Inequity: Wealth, Racism, and the U.s. System of Taxation 15 Northwestern Journal of Law & Social Policy 265 (Spring, 2020) Law Review Articles and Other Secondary Sources   This Article describes the connection between wealth inequality and the increasing structural racism in the U.S. tax system since the 1980s. A long-term sociological view (the why) reveals the historical racialization of wealth and a shift in the tax system overall beginning around 1980 to protect and exacerbate wealth inequality, which has been... 2020
  Rafi V. Yale University School of Medicine Slip Copy; United States District Court, D. Connecticut. (Docket Number 3:18-CV-635 (AWT)) (7/28/2020) Cases As of January 2, 2021 the case has been appealed to the US Court of Appeals or the US Supreme Court. Plaintiff Dr. Syed K. Rafi, proceeding pro se, brings claims against Yale University School of Medicine (Yale), Dr. Richard Lifton (Lifton), and Dr. Allen Bale (Bale) (collectively the Yale Defendants); Brigham and Women's Hospital (BWH) and Dr. Cynthia Morton... 2020
Doron Samuel-Siegel , Kenneth S. Anderson , Emily Lopynski Reckoning with Structural Racism: a Restorative Jurisprudence of Equal Protection 23 Richmond Public Interest Law Review 137 (March, 2020) Law Review Articles and Other Secondary Sources   The United States Supreme Court's equal protection doctrine ignores the existence of structural racism, thus eschewing the opportunity inherent in the Fourteenth Amendment to combat the oppressive race-based gaps in life chances that structural racism produces. This failure to reckon with racism as it exists today is due at least in part to two... 2020
Elizabeth D. Lauzon, J.D. Recoverability of Reparations from Corporations for Nazi-related Conduct 6 American Law Reports ALR Federal 2d 279 Law Review Articles and Other Secondary Sources   The Holocaust restitution movement is the recent use of civil litigation to remedy human rights abuses committed during the Nazi regime by obtaining financial restitution from corporations that profited from Nazi-related conduct. Before 1995, very few Nazi reparations suits were filed, with most of the cases being summarily dismissed. After 1995,... 2020
Valorie E. Douglas Reparations 4.0: Trading in Older Models for a New Vehicle 62 Arizona Law Review 839 (Fall, 2020) Law Review Articles and Other Secondary Sources   Reparations reappeared in the news even before the murders of George Floyd, Breonna Taylor, Ahmaud Arbery, and others made headlines as modern-day lynchings. As data continue to show the perpetuation of social and economic harm and hardship that Black Americans suffer for being Black Americans, notions of fairness and justice suggest redress for... 2020
Mike Lillis Reparations Bill Gains Steam Following Death of George Floyd The Hill (6/30/2020) Law Review Articles and Other Secondary Sources   Legislation exploring whether Black Americans should receive restitution for slavery may soon get a huge boost, as a growing number of Democrats are hoping to move reparations this summer as another response to the death of George Floyd. 2020
B. B. B. Replevin for an Undivided Share in or Undivided Quantity of a Larger Mass 26 American Law Reports ALR 1015 Law Review Articles and Other Secondary Sources   The reported case for this annotation is Logan v. Cross, 101 Or. 85, 198 P. 1097, 26 A.L.R. 1009 (1921). 2020
Eric J. Miller Republican, Rebellious Reparations 63 Howard Law Journal 363 (Spring, 2020) Law Review Articles and Other Secondary Sources   Reparations is, at its core, a form of resistance to oppression. Resistance to oppression takes many forms: one of them is the activity of calling out wrongdoing. Reparations is the activity of calling out one particular form of wrongdoing: the transgenerational subordination of some group --in the case I am interested in, African Americans who are... 2020
William F. Patry Research References Patry on Copyright 25 REF Law Review Articles and Other Secondary Sources     2020
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