| Author | Title | Citation | Summary | Year |
| Luke Charles Harris |
Beyond the Best Black: the Making of a Critical Race Theorist at Yale Law School |
43 Connecticut Law Review 1379 (July, 2011) |
In Kimberle Williams Crenshaw's lead article in this Commentary Issue she contends that critical insights on race often develop out of institutional struggles over the terms upon which racial politics are engaged and normalized. My pathway to Critical Race Theory (CRT) confirms this idea. Thus, this comment traces the making of a critical race... |
2011 |
| Natalie Quan |
Black and White or Red All Over? The Impropriety of Using Crime Scene Dna to Construct Racial Profiles of Suspects |
84 Southern California Law Review 1403 (September, 2011) |
I. INTRODUCTION. 1404 II. DNA IN THE LEGAL CONTEXT. 1406 A. DNA Defined. 1407 B. DNA and Law Collide. 1408 C. CODIS and NDIS. 1409 D. Thirteen Core STR Loci. 1410 E. DNA Dragnets. 1411 F. DNAWitness and Like Analyses. 1412 III. THE EMERGENCE OF RACE. 1413 A. Folktales of a Knowable Essence. 1414 B. Missteps: Taxonomy, Social Darwinism, and... |
2011 |
| E. Earl Parson , Monique McLaughlin |
Black Strikes: the Focus of Controversy and the Effect of Race-based Peremptory Challenges on the American Jury System |
3 Georgetown Journal of Law & Modern Critical Race Perspectives 87 (Spring, 2011) |
Do not take the Jews, Negroes, Dagos, Mexicans, or a member of any minority race on a jury, no matter how rich or how educated. Stereotypes of African American juries have produced an alarming fear for prosecutors, leading to the exclusion of this population from juries especially in capital murder cases. This fear has led prosecutors to go to... |
2011 |
| D. Wendy Greene |
Black Women Can't Have Blonde Hair . . . in the Workplace |
14 Journal of Gender, Race and Justice 405 (Spring 2011) |
Paulette Caldwell's pioneering hair piece situated Black women's hairstyle choices and the constraints placed upon them in making these choices within much needed historical and contemporary social context. Professor Caldwell presented a compelling appraisal of the infamous braids case, Rogers v. American Airlines, and in doing so, offered a... |
2011 |
| Anna Blackburne-Rigsby and Melissa Roca |
Black Women Judges: Three Decade Journey to Maryland Appellate Courts |
44-AUG Maryland Bar Journal 20 (July/August, 2011) |
IN COMMEMORATION OF THE National Bar Association's annual convention which will be held in Baltimore this summer, Judge Marcella A. Holland, the first African-American woman Circuit Administrative Judge in the State of Maryland (Circuit Court for Baltimroe City, 8th Judicial Circuit,) asked me to write an article focusing on minorities in the... |
2011 |
| Leland Ware |
Contributions of Missouri's Black Lawyers to Securing Equal Justice |
67 Journal of the Missouri Bar 42 (January-February, 2011) |
Editor's note: In 1989, St. Louis University School of Law Assistant Professor Leland Ware published this article, examining the history of black lawyers in Missouri during the late nineteenth and early twentieth centuries, in the Journal of The Missouri Bar. The author is now the Louis J. Redding Chair and Professor for the Study of Law and Public... |
2011 |
| Ilana Gershon, Indiana University |
Critical Review Essay: Studying Cultural Pluralism in Courts Versus Legislatures |
34 PoLAR: Political and Legal Anthropology Review 155 (May, 2011) |
What insights can the literature on legal pluralism and cultural pluralism written by ethnographers of courts provide to ethnographers of legislatures? Focusing on Anglo-American legal systems, I explore how analyses of cultural pluralism can change when one moves from courts to legislatures. Three analytical shifts can occur when switching... |
2011 |
| Bruce H. Kobayashi , Larry E. Ribstein |
Delaware for Small Fry: Jurisdictional Competition for Limited Liability Companies |
2011 University of Illinois Law Review 91 (2011) |
Most of the work on jurisdictional competition for business associations has focused on publicly held corporations and the factors underlying Delaware's dominance in attracting formations of large out-of-state corporations. We examine an analogous jurisdictional competition to attract formations by closely held limited liability companies (LLCs).... |
2011 |
| SpearIt |
Enslaved by Words: Legalities & Limitations of "Post-racial" Language |
2011 Michigan State Law Review 705 (2011) |
Introduction. 706 I. The Temple of Taxonomy: Built on Sand. 708 A. Race & Color in the Language of Law. 710 1. Constitutions. 710 2. Statutes. 714 3. The U.S. Census. 720 B. Legal & Social Constructions of Whiteness. 726 II. Structural Racism. 729 A. The Politics of Naming. 730 1. Objectifying the Other. 732 2. Ritualizing Otherness. 734 B.... |
2011 |
| Nisé Guzmán Nekheba |
Entre Muchas Islas: an Afro-latina Legal Critic in the Paradoxical Age of Obama |
2 William Mitchell Law Raza Journal 1 (Winter 2011) |
You traveled through a world that played with your head when you thought you had conquered it and which in reality hurled you from its orbit, leaving you neither here nor there. Navigator between two waters, shipwrecked between two worlds. Alejo Carpentier, The Harp and the Shadow Amidst the media's and popular culture's immediate declaration that... |
2011 |
| L. Darnell Weeden |
Fifty plus Years after the Start of the Civil Rights Movement: a Contextual Analysis of the Freedom of Association for the National Association for the Advancement of Colored People's Pursuit of Reforming the Law |
12 Florida Coastal Law Review 337 (Winter 2011) |
This Article addresses whether a state may restrict the freedom of association of members of the National Association for the Advancement of Colored People (NAACP) and their ability to challenge a state's policy of racial segregation or discrimination by requiring disclosure of its membership list. Because there were many good reasons supporting... |
2011 |
| Kaimipono David Wenger |
From Radical to Practical (And Back Again?): Reparations, Rhetoric, and Revolution |
25 Journal of Civil Rights & Economic Development 697 (Summer 2011) |
The story of reparations advocacy is a story of ideas. The language of slavery reparations varies widely - it can be radical or practical, framed in dry legalese or soaring moral sermons. These rhetorical choices are more than just semantic differences; they illuminate reparations goals, shape the debate, and ultimately create or close off... |
2011 |
| Kemit A. Mawakana |
Historically Black College and University Law Schools: Generating Multitudes of Effective Social Engineers |
14 Journal of Gender, Race and Justice 679 (Summer 2011) |
A lawyer is either a social engineer or [a] parasite [on society,] said the fabled attorney and legendary Dean of Howard University Law School Charles Hamilton Houston, also known as the man who killed Jim Crow. According to Houston, [a] good social engineer . . . was a lawyer who used [his or her] knowledge of the law to better the lot of the... |
2011 |
| L. Darnell Weeden |
In Response to the Call for Social Justice, Historically Black Law Schools Represent the New Mission of Educational Diversity in the Legal Profession |
14 Journal of Gender, Race and Justice 747 (Summer 2011) |
Historically Black Law Schools (HBLSs) have become the new face of diversity in legal education. After the Supreme Court held the University of Missouri's practice of excluding blacks from its law school unconstitutional in 1938, the state's unfortunate response was to establish a separate law school for blacks only under the misguided... |
2011 |
| Professor Vernellia R. Randall |
Inequality Is Killing Us! What President Obama must Do to Save Black Lives |
18-DEC NBA National Bar Association Magazine 20 (August-December, 2011) |
Inequality is killing us! Blacks are sicker than white Americans; they are dying at a significantly higher percentage. These are undeniable facts. Black men live on average 6 years less than white men. Black men have shorter life spans than men in Chile, Barbados, Bahamas or Jamaica. Black women live on average years 4 less than white women. Black... |
2011 |
| Danielle Boaz |
Introducing Religious Reparations: Repairing the Perceptions of African Religions Through Expansions in Education |
26 Journal of Law and Religion 213 (2010-2011) |
Western bookstores today are full of small boxes that advertise Voodoo Revenge Kit on the front. Their short descriptions encourage anyone who wishes to harm a cheating lover and curse a difficult boss to buy this product. Companies now sell t-shirts, mugs, buttons and key chains with voodoo dolls, and bound figures with needles through the... |
2011 |
| Katherine Y. Barnes |
Is Affirmative Action Responsible for the Achievement Gap Between Black and White Law Students? A Correction, a Lesson, and an Update |
105 Northwestern University Law Review 791 (Spring 2011) |
In 2007, the Northwestern University Law Review published an essay that I wrote entitled Is Affirmative Action Responsible for the Achievement Gap Between Black and White Law Students? The essay joined a scholarly debate regarding the potential deleterious effects of affirmative action in the law school admissions process. The debate was rekindled... |
2011 |
| Natalie Zemon Davis |
Judges, Masters, Diviners: Slaves' Experience of Criminal Justice in Colonial Suriname |
29 Law and History Review 925 (November, 2011) |
Two negroes hanged, John Gabriel Stedman wrote in his Suriname journal for March 9, 1776, and then two days later, among his purchases of soap, wine, tobacco, [and] rum and his dinners with an elderly widow, he records, A negro's foot cut off. Stedman expanded on these events in the later Narrative of his years as a Dutch--Scottish soldier... |
2011 |
| Jason A. Gillmer |
Lawyers and Slaves: a Remarkable Case of Representation from the Antebellum South |
1 University of Miami Race & Social Justice Law Review 47 (2011) |
Introduction. 47 I. [A] connection . of the Most Intimate Character. 49 II. It is a Great Case!. 54 III. Her Right Was Fixed and Perfect. 60 IV. A Very Industrious Careful Sensible Person. 66 Conclusion: Her Champion and Her Friend. 71 |
2011 |
| Kelly Toledano |
Making Good on Broken Promises: How the Pigford Settlement Has Given African-american Farmers a Second Chance |
5 Southern Region Black Law Students Association Law Journal 68 (Spring, 2011) |
Forty acres and a mule. With this introduction, Judge Paul Friedman began his opinion by detailing the promises made to former slaves following the Civil War and the subsequent failure to ensure African Americans their rights to own land and sustain an agricultural existence. In Pigford v. Glickman, African-American farmers joined together and... |
2011 |
| Jordan Segall |
Mass Incarceration, Ex-felon Discrimination & Black Labor Market Disadvantage |
14 University of Pennsylvania Journal of Law and Social Change 159 (2011) |
Between 1980 and 2008, the country's incarcerated population spiked from around 500,000 to a high of 2.3 million. This incredible growth in the carceral apparatus--which gave the United States the dubious distinction of becoming the world's biggest incarcerator, as well as the only country in the world that imprisons more than one percent of its... |
2011 |
| Alexander J. Chenault |
New Financial Regulation Reform: a Good Measure for African Americans |
33 North Carolina Central Law Review 123 (2011) |
On July 21, 2010, United States President Barack H. Obama signed into law what some have called, the most sweeping overhaul of U.S. financial-market regulations since the Great Depression. The Dodd-Frank Wall Street Reform and Consumer Protection Act was enacted in response to the financial meltdown of 2008. The new law is designed to better... |
2011 |
| Janice Tudy-Jackson |
Non-traditional Approaches to Adr Processes That Engage African-american Communities and African-american Adr Professionals |
39 Capital University Law Review 921 (Fall, 2011) |
Although the use of Alternative Dispute Resolution (ADR) processes has been growing in the United States since the 1970s, there is still concern among ADR scholars and practitioners that African-Americans are underutilizing ADR services, and that African-Americans are underrepresented among ADR providers. This article examines the contextual values... |
2011 |
| Cassandra Jones Havard |
On the Take: the Black Box of Credit Scoring and Mortgage Discrimination |
20 Boston University Public Interest Law Journal 241 (Spring 2011) |
Subprime credit, a relatively new method of risk-based pricing, has been hailed as a way to open-up markets and provide credit to those who would otherwise be excluded. However, evidence suggests that subprime mortgage segmentation increases, rather than reduces, exclusionary practices in lending. Furthermore, it is unclear how lenders determine... |
2011 |
| Jesse Merriam |
Painting Black Spaces Red, Black, and Green: the Constitutionality of the Mural Movement |
13 Berkeley Journal of African-American Law & Policy Pol'y 2 (2011) |
We live by symbols, Justice Oliver Wendell Holmes wrote. This aphorism certainly rings true in many American inner cities, where murals depicting racial images, such as African symbols and portraits of famous African Americans, pervade the urban landscape. Indeed, the by in Holmes's statement applies to inner-city residents with special force... |
2011 |
| Paulina E. Davis |
Racism, Capitalism, and Predatory Lending: How the U.s. Government's Failure to Regulate the Disproportionate Negative Effects of Payday Lending in Black Communities Violates the International Convention on the Elimination of All Forms of Racial Discrimin |
4 Human Rights & Globalization Law Review 61 (Fall, 2010/Spring, 2011) |
In 2009, two issues have received intense attention in the media; the first issue being the candidacy and election of the first Black president of the United States, and the other being the global economic meltdown. The election of Barack Obama catapulted an important, albeit diluted, conversation on race relations in this country as it... |
2011 |
| Kendall Thomas |
Reading Charles Black Writing: "The Lawfulness of the Segregation Decisions" Revisited |
1 Columbia Journal of Race and Law 1 (January, 2011) |
The year 2010 marked the fiftieth anniversary of the publication of Charles L. Black, Jr.'s The Lawfulness of the Segregation Decisions. Professor Black's magisterial essay on the Supreme Court's 1954-1955 decisions in Brown v. Board of Education and its companion cases is, by any account, a foundational text in the scholarly literature on race... |
2011 |
| Harold A. McDougall |
Reconstructing African American Cultural Dna: an Action Research Agenda for Howard University |
55 Howard Law Journal 63 (Fall 2011) |
We are McWorld. You will be assimilated. Your cultural distinctiveness will be added to our own. Resistance is futile. INTRODUCTION. 64 I. CULTURE, INTELLIGENCE, AND PROBLEM-SOLVING. 66 II. DAMAGE TO THE AFRICAN AMERICAN COMMUNITY AND ITS CULTURAL DNA. 70 A. Employment Barriers. 71 B. Spatial Dislocation. 73 C. Community Fragmentation. 74 D.... |
2011 |
| Anita Bernstein , Hans Dieter Seibel |
Reparations, Microfinance, and Gender: a Plan, with Strategies for Implementation |
44 Cornell International Law Journal 75 (Winter 2011) |
Introduction. 76 I. The Strategy. 79 A. Engaging Microfinance Institutions to Effect Reparations. 79 1. Terminology. 79 2. The Plan in Brief: Transfer Payments to, and Shares in, Microfinance Institutions. 80 3. Upgrading and Linking to Larger Financial Institutions. 81 4. Options for the Reparations Plan. 85 B. Extending the Microfinance Record.... |
2011 |
| Kevin Brown |
Should Black Immigrants Be Favored over Black Hispanics and Black Multiracials in the Admissions Processes of Selective Higher Education Programs? |
54 Howard Law Journal 255 (Winter 2011) |
INTRODUCTION. 256 I. EFFORTS TO STANDARDIZE THE COLLECTION OF DATA ON RACE AND ETHNICITY IN THE 1970s: ADOPTION OF DIRECTIVE 15. 266 II. ADOPTION OF THE 1997 REVISED STANDARDS. 272 A. Need to Revise Directive 15. 272 B. 1997 Revised Standards. 274 1. Hispanic/Latino Ethnicity Question and the Two Question Format. 274 2. How to Collect Data on... |
2011 |
| Cynthia J. Najdowski , University of Illinois at Chicago |
Stereotype Threat in Criminal Interrogations: Why Innocent Black Suspects Are at Risk for Confessing Falsely |
17 Psychology, Public Policy, and Law 562 (November, 2011) |
Little theoretical attention has been paid to evidence that Blacks are overrepresented in samples of false confessors compared to Whites. One possible explanation is that innocent Black suspects experience stereotype threat in interrogations and that this threat causes Black suspects to experience more arousal, self-regulatory efforts, and... |
2011 |
| Toni M. Massaro |
Substantive Due Process, Black Swans, and Innovation |
2011 Utah Law Review 987 (2011) |
[W]e must think anew and act anew. -Abraham Lincoln (1862) How long is a generation these days? -Zadie Smith (2010) The United States Supreme Court in 2010 declined to set right what many view as an old and egregious constitutional wrong. The Privileges or Immunities Clause of the Fourteenth Amendment, eviscerated by the Court in The... |
2011 |
| James Forman, Jr. |
The Black Poor, Black Elites, and America's Prisons |
32 Cardozo Law Review 791 (January, 2011) |
For many of this symposium's panelists, the event's very title --Acknowledging Race in a Post-Racial Era--presented a challenge. Numerous panelists criticized the term post-racial, arguing that race remains central to understanding how America operates. By contrast, members of the criminal justice panel did not even feel the need to ask whether... |
2011 |
| Jason L. Grace |
The Bureaucracy of Black Lung and a Legacy of Unfulfilled Promise |
5 Appalachian Natural Resources Law Journal 91 (2010-2011) |
Americans can always be counted on to do the right thing . . . after they have exhausted all other possibilities. - Winston Churchill For generations, coal workers throughout Appalachia have spent their lives working below ground in an effort to feed their families while earning a living. Coal is an important domestic resource for the energy... |
2011 |
| Talibah-mawusi Smith |
The Law and Educational Inequities: in Other Words, the Dilemma of Writing While Black |
4 the crit: a Critical Studies Journal 73 (2011) |
In other words, law school, despite its claims to be color-blind, is not culturally neutral; it provides inherent preferences for students who can act, think, and write white. Other scholars have previously examined the plights of African Americans as they suffer the effects of Driving While Black, Shopping While Black, Purchasing While Black,... |
2011 |
| John W. Wertheimer, Jessica Bradshaw, Allyson Cobb, Harper Addison, E. Dudley Colhoun, Samuel Diamant, Andrew Gilbert, Jeffrey Higgs, Nicholas Skipper |
The Law Recognizes Racial Instinct: Tucker V. Blease and the Black-- White Paradigm in the Jim Crow South |
29 Law and History Review 471 (May, 2011) |
On January 24, 1913, the trustees of the Dalcho School, a segregated, all-white public school in Dillon County, South Carolina, summarily dismissed Dudley, Eugene, and Herbert Kirby, ages ten, twelve, and fourteen, respectively. According to testimony offered in a subsequent hearing, the boys had always properly behaved, were good pupils, and... |
2011 |
| Michelle Alexander |
The New Jim Crow |
9 Ohio State Journal of Criminal Law 7 (Fall, 2011) |
The subject that I intend to explore today is one that most Americans seem content to ignore. Conversations and debates about race-much less racial caste-are frequently dismissed as yesterday's news, not relevant to the current era. Media pundits and more than a few politicians insist that we, as a nation, have finally moved beyond race. We have... |
2011 |
| Gigi Penn |
The New Jim Crow by Michelle Alexander a Book Review |
2 William Mitchell Law Raza Journal 1 (Spring 2011) |
The criminal justice system is the New Jim Crow and it purports to be colorblind. In her book, The New Jim Crow, Michelle Alexander presents the social disease of racial discrimination in a new light. Her central theme is that mass incarceration in the U.S. constitutes a racial caste system and she takes the reader on a historical and painstaking... |
2011 |
| Ryan Dull |
The New Jim Crow: Mass Incarceration in the Age of Colorblindness by Michelle Alexander the New Press (2010) |
35-AUG Champion 61 (July/August, 2011) |
In 1972, there were fewer than 350,000 people incarcerated in the United States. Forty years into the War on Drugs, that number has climbed to over two million, composed disproportionately of African American men. Conventional wisdom charitably holds that the disparity reflects crime rates. Problematically, drug use rates are nearly identical... |
2011 |
| Harvey Gee |
The New Jim Crow: Mass Incarceration in the Age of Colorblindness by Michelle Alexander the New Press, New York, Ny, 2010. 304 Pages, $27.95 |
58-MAY Federal Lawyer 60 (May, 2011) |
In The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Michelle Alexander, a professor at the Ohio State University Moritz College of Law, offers a compelling thesis: a racial caste system exists in the United States because of harsh sentencing laws aimed at African-Americans, which lead to their mass incarceration. Although, unlike... |
2011 |
| Katie Henderson |
The New Jim Crow: Mass Incarceration in the Age of Colorblindness by Michelle Alexander. New York: the New Press, 2010. 290 Pp. $27.95 Hardback. |
26 Berkeley Journal of Gender, Law & Justice 396 (Summer 2011) |
A nearly 600 percent rise in incarceration rates has characterized the past four decades such that, today, more than two million Americans are incarcerated in local, state, or federal penitentiaries. In The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Stanford law professor Michelle Alexander posits that this dramatic rise in... |
2011 |
| Jonathan Bateman |
The New Plantation: Black Athletes, College Sports, and Predominantly White Ncaa Institutions |
21 Marquette Sports Law Review 793 (Spring 2011) |
Billy Hawkins [New York, New York: Palgrave Macmillan, 2010] 192 pages ISBN: 978-0--230-61517-5 Sports has been described as a microcosm of the larger society. It has also been depicted as a barometer for racial progress. However, sports is a powerful institution that provides a context for critical examination because it informs dominant cultural... |
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) |
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 |
| Malaika K. Caldwell |
Trafficking from the Streets to the Borders: Why the Search for Justice under the Fair Sentencing Act of 2010 Stopped on a Dead-end Street in the Black Community |
5 Southern Region Black Law Students Association Law Journal 19 (Spring, 2011) |
Making an artificial distinction about a particular form of the same drug is a distinction without a difference and that's bad enough. But when the distinction results in a dramatic disparity in sentencing along racial lines, then that distinction are simply un-American and intolerable. Since the 1980s, a startling epidemic of mass incarceration... |
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) |
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 |
| Anthony C. Thompson |
Unlocking Democracy: Examining the Collateral Consequences of Mass Incarceration on Black Political Power |
54 Howard Law Journal 587 (Spring 2011) |
INTRODUCTION. 588 I. WEAKENING THE POLITICAL EXPRESSION OF INDIVIDUALS AND COMMUNITIES OF COLOR. 591 A. Felon Disenfranchisement: The First Punch. 592 B. The Usual Residence Rule and Voter Redistricting: The Second Punch. 600 C. The Cumulative Impact of Felon Disenfranchisement and the Usual Residence Rule on Black Political Power: The One-Two... |
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) |
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 |
| Christina J. Bostick |
A Barrel of Laughs? Or, a River of Tears? The Problem with African Americans Using Comedy to Air Dirty Laundry |
2 Georgetown Journal of Law & Modern Critical Race Perspectives 257 (Fall, 2010) |
Some of the most uncomfortable memories of my childhood revolve around what my grandmother often referred to as my big mouth. I was a smart, spunky kid with a keen knack for speaking at an early age. People often admired me for being such a well-spoken child; unfortunately, the frequent praise I received encouraged me to talk in spite of my... |
2010 |
| 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) |
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 |
| David C. Gray |
A No-excuse Approach to Transitional Justice: Reparations as Tools of Extraordinary Justice |
87 Washington University Law Review 1043 (2010) |
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 |