Law Commons^™

Other Disciplines, Methodologies, And Countries: Studying Courts And Crisis, Tracey E. George

Missouri Law Review

The United States is at war: in Iraq, in Afghanistan, and against terrorism. This symposium asks the timely question: How do governments and their citizens respond to fear and risk in times of crisis? In the essay, I begin by framing the issue very briefly. I then argue that understanding this issue requires scholars to follow Epstein and Wells by looking to other disciplines, methodologies, and countries.

Encouraging Courage: Law's Response To Fear And Risk, William B. Fisch

Missouri Law Review

No abstract provided.

Brown, The Civil Rights Movement, And The Silent Litigation Revolution, Stephen C. Yeazell

Vanderbilt Law Review

One doubts that Robert Carter, Thurgood Marshall, Spottswood Robinson, Jack Greenberg and the rest of the legal team that argued Brown v. Board of Education spent much time thinking about mass torts. Nonetheless, it is entirely appropriate that a commemoration of their achievements include not only that topic but also international human rights and health care, as well as the more expected ones of education and social welfare. Brown was part of a revolution, and revolutions often have collateral effects as important as their immediate consequences. The civil rights movement followed the same pattern.

As an immediate consequence, that movement …

With All Deliberate Speed: Civil Human Rights Litigation As A Tool For Social Change, Beth Van Schaack

Vanderbilt Law Review

It has been said that Fildrtiga v. Peha-Irala is the Brown v. Board of Education of human rights litigation. Like Brown, Fildrtiga presents one of those rare "breakthrough moments" in law. In Fildrtiga, the Second Circuit confirmed that victims of human rights abuses abroad could seek legal redress in United States courts under the then-obscure Alien Tort Claims Act (ATCA). Fildrtiga thus inaugurated a steady line of cases in U.S. courts invoking the ATCA and related statutes to adjudicate international human rights claims. For a variety of reasons, including the very existence of these statutes, civil litigation has emerged as …

Reflections On Brown And The Future, Oliver W. Hill Sr.

University of Richmond Law Review

No abstract provided.

Table Of Contents

University of Richmond Law Review

No abstract provided.

The Promise Of Equality: Reflections On The Post-Brown Era In Virginia, Robert R. Mehrige Jr.

University of Richmond Law Review

No abstract provided.

Virginia's Next Challenge: Economic And Educational Opportunity, Mark R. Warner

University of Richmond Law Review

No abstract provided.

Private Parties As Defendants In Civil Rights Litigation: Introduction, Myriam Gilles

Articles

No abstract provided.

For The Rest Of Their Lives: Seniors And The Fair Housing Act, Robert G. Schwemm, Michael Allen

Law Faculty Scholarly Articles

America's population is growing older. According to the 2000 census, more than 35 million people in the United States (12% of the total population) are over 65 years old. These figures are expected to grow dramatically in the early decades of the twenty-first century as the "Baby Boom" generation reaches retirement age and as improvements in health care make it possible for more people to live to an advanced age.

Providing housing for this segment of the American population is already a massive industry and one that will certainly grow as the number of, older persons increases. One of the …

Causation And Attenuation In The Slavery Reparations Debate, Kaimipono D. Wenger

ExpressO

Recent discussions of reparations have noted the difficulty reparations advocates have in showing causation. Criticisms of reparations have focused on the attenuated nature of the harm, suggesting that modern claimants are not connected to slaves, that modern payers are not connected to slave owners, and that modern disadvantages cannot be connected to slavery.

This Article examines attenuation concerns and finds that they come in three related but distinct varieties: Victim attenuation, wrongdoer attenuation, and act attenuation. These three components, defined in this Article, show themselves in a number of interrelated legal and moral arguments. They have important strategic consequences, and …

The Effects Of Jury Ignorance About Damage Caps: The Case Of The 1991 Civil Rights Act, Rebecca Hollander-Blumoff, Matthew T. Bodie

ExpressO

No abstract provided.

From Petticoats To Briefs: History Of Women At The University Of Missouri-Kansas City School Of Law, Robert C. Downs, Brooke Grant, Elizabeth Sterling

Faculty Works

The story of women in American society has largely been defined and recorded by men and the institutions that men have dominated for most of the past two hundred-odd years. Women have been denied access to education, employment, political power and other benefits of social intercourse by exclusion, intimidation, ridicule and patronization. The experience of women in law school is one part of that experience. Law school is an arduous undertaking whether one is male or female. Gaining admission to modern law schools requires talent and demonstrated academic performance in a competitive environment. But in the nineteenth century, the foremost …

More Than Segregation, Racial Identity: The Neglected Question In Plessy V. Ferguson, Thomas J. Davis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Cognitive Dissonance Theory: A Case Study Of Loving V. Virginia, Bowers V. Hard Wick, And Lawrence V. Texas, Andrea Celina Coleman

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

The Right To Health, Sarah Friedmann

Human Rights & Human Welfare

In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.

Processing Civil Rights Summary Judgment And Consumer Discrimination Claims, Deseriee A. Kennedy

Scholarly Works

No abstract provided.

Dr. King, Bull Connor, And Persuasive Narratives, Shaun B. Spencer

Faculty Publications

This article describes an in-class exercise that illustrates the use of persuasive narrative techniques in a U.S. Supreme Court decision. The article first describes the background to the Supreme Court’s decision in Walker v. City of Birmingham. Next, the article examines persuasive narrative techniques through the lens of an in-class exercise in which students identify the Justices’ narrative devices and consider how those devices preview the Justices’ legal arguments. Finally, the article describes why the Walker case and the exercise are valuable not only to teach persuasive narratives, but also to raise broader issues of lawyering and social justice.

Remarks At The Investiture Of Eric M. Freedman As The Maurice A. Deane Distinguished Professor Of Constitutional Law, November 22, 2004, Anthony G. Amsterdam

Hofstra Law Review

No abstract provided.

The Heterosexual Agenda, In The Right To Marry: Making The Case To Go Forward Symposium, John G. Culhane

John G. Culhane

No abstract provided.

A Call To Leadership: The Future Of Race Relations In Virginia, Rodney A. Smolla

Scholarly Articles

Not available.

From Empire To Globalization: The New Zealand Experience, Janet Mclean

Indiana Journal of Global Legal Studies

Globalization, Courts, and Judicial Power Symposium

A Rational Constitutional Faith: Remarks In Response To Professor Amsterdam, Eric M. Freedman

Hofstra Law Review

There are a few substantive thoughts about the future that I wanted to share before letting you get acquainted with each other at the reception. But in order to talk about the future, I will have to go back to the past.

On a beautiful spring day, April 5, 1588, there was a young woman in an advanced state of pregnancy strolling along a beach on the south coast of England when she had an experience that is directly comparable to sitting in your office at the World Trade Center and seeing an airplane heading for your window. She saw …

Law And Bioterrorism By Victoria Sutton (Book Review), Jeffrey F. Addicott

Faculty Articles

The best primer for constructing a legal framework surrounding bioterrorism is a wonderfully researched and incisive book by Professor Victoria Sutton. Sutton brings a vast background of experience and expertise to her book, titled Law and Bioterrorism, which is in fact the first legal textbook in the field of law and bioterrorism.

The book begins with a brief examination of the history of law and bioterrorism, from ancient biological warfare to modern times. Drawing upon the lessons of this history, Sutton discusses historical events such as the use of anthrax in World War I, and further examines the rapidly growing …

Racism As 'The National Crucial Sin': Theology And Derrick Bell, George H. Taylor

Articles

The Article probes a paradox that lies at the heart of the work of critical race scholar Derrick Bell. Bell claims on the one hand that racism is permanent, and yet on the other he argues that the fight against racism is both necessary and meaningful. Although Bell's thesis of racism's permanence has been criticized for rendering action for racial justice unavailing, the Article advances an understanding of Bell that supports and defends the integrity of his paradox. The Article draws upon the work of Protestant theologian Reinhold Niebuhr and Niebuhr's paradox that social action is both necessary and meaningful …

Different But Equal: The Human Rights Of Persons With Intellectual Disabilities, Harold Hongju Koh

Maryland Law Review

No abstract provided.

Will Employment Discrimination Class Actions Survive?, Melissa Hart

Publications

Recent years have witnessed increasing attacks on the appropriateness of certification of employment discrimination class action claims. The shift is often attributed to amendments to federal antidiscrimination laws in the Civil Rights Act of 1991. This paper argues, however, that the changes wrought by the 1991 amendments need not pose a barrier to resolution of employment discrimination claims through class litigation. The addition of compensatory and punitive damages and a jury-trial right may increase the level of scrutiny and perhaps the level of judicial involvement necessary in an employment discrimination class action. But they do not render such a class …

Precursors Of Rosa Parks: Maryland Transportation Cases Between The Civil War And The Beginning Of World War I, David S. Bogen

Maryland Law Review

No abstract provided.

Meade V. Dennistone: The Naacp's Test Case To "...Sue Jim Crow Out Of Maryland With The Fourteenth Amendment", Garrett Power

Maryland Law Review

No abstract provided.