AuthorTitleCitationSummaryYear
Joel E. Black, University of Florida Adriane Lentz-smith, Freedom Struggles: African Americans and World War I, Cambridge, Mass.: Harvard University Press, 2009. Pp. 318. $35.00 (Isbn 978-0-674-03592-8) 28 Law and History Review 876 (August, 2010) In Freedom Struggles, Adriane Lentz-Smith reclaims World War I as a watershed in the African American freedom movement. Tracing the intersection of American Jim Crow and European colonialism, Lentz-Smith casts the stories and struggles of black American soldiers in a Pan-African movement designed to capture the fruits of the Great War--democracy,... 2010
Russell J. Skiba, Suzanne E. Eckes, Kevin Brown African American Disproportionality in School Discipline: the Divide Between Best Evidence and Legal Remedy 54 New York Law School Law Review 1071 (2009/2010) Student discipline is one of the more complex problems confronting educators. One recent survey of educators and school law attorneys ranked student discipline as the third most important legal issue confronting educators after special education and student expression. An educator's action on a disciplinary matter is generally found constitutional... 2010
Jon-Christian Suggs African American Literature and Legal History 22 Law and Literature 325 (Summer, 2010) Abstract. The relationships between African American literature and American law are such that the textual body of each, taken broadly, can be read as the basis for an alternative text of the other. The law's traces in African American cultural production allow us to see arenas of contradiction and interrogation in that literature that have been... 2010
Ruqaiijah Yearby African Americans Can't Win, Break Even, or Get out of the System: the Persistence of "Unequal Treatment" in Nursing Home Care 82 Temple Law Review 1177 (Srping-Summer 2010) Bennie Saxon had dementia. Because his family could not care for him at home, he was placed at Alden Wentworth Rehabilitation and Health Care Center (Alden Wentworth), a predominately African American nursing home in Chicago, Illinois. On May 4, 2009, he fell four stories to his death. The Cook County Office of the Medical Examiner ruled Mr.... 2010
Cheryl L. Wade African-american Entrepreneurs: Integration, Education, and Exclusion 32 Western New England Law Review 483 (2010) In this Article, I describe some of the subtle, obscure, and hidden challenges that African-American entrepreneurs face by providing the narratives of three African-American businesspeople. Two of the narratives are about African Americans who started businesses in the first half of the twentieth century. Theirs is a success story. Their businesses... 2010
Sacha M. Coupet Ain't I a Parent?: the Exclusion of Kinship Caregivers from the Debate over Expansions of Parenthood 34 New York University Review of Law and Social Change 595 (2010) Kinship caregivers--a group disproportionately populated by persons of color, particularly black grandmothers--have historically assumed parental roles, often together with a legal parent. Yet even as kin have increasingly assumed substantial parental responsibilities over the past few decades, they continue to have limited opportunities to carry... 2010
Ron S. Hochbaum And it Only Took Them 307 Years: Ruminations on Legal and Non-legal Approaches to Diversifying Head Coaching in College Football 17 Villanova Sports and Entertainment Law Journal 161 (2010) Just like the states are laboratories for constitutional experiments, sports are laboratories for equal opportunity in the United States. While historically, the integration of professional and collegiate sports foreshadowed desegregation, the hurdle that minorities still face in achieving head coaching positions in collegiate football suggests... 2010
Willoughby Anderson, Nashville, Tennessee Anders Walker, the Ghost of Jim Crow: How Southern Moderates Used Brown V. Board of Education to Stall Civil Rights, New York: Oxford, 2009. Pp. Xii + 241. $34.95 (Isbn 978-0-19-518174-6) 28 Law and History Review 880 (August, 2010) The career of Jim Crow becomes stranger, as C. Vann Woodward would say, when historians turn away from the loudly defiant massive resisters to the quiet moderates that guided the South's lasting legal responses to desegregation. In the well-researched and engaging The Ghost of Jim Crow, Anders Walker examines how powerful southern governors... 2010
Frank H. Wu Beyond the Symbolic Black and White: the New Challenges of a Diverse Democracy 53 Howard Law Journal 807 (Spring 2010) Good afternoon. What an honor it is to close this wonderful symposium. I would like to provoke you to think--not to persuade you to believe as I do--but to provoke you to think about the role of the black lawyer and the future of civil rights, as perhaps you have never thought about these issues before. That's quite a challenge, but what I would... 2010
Karla Mari McKanders Black and Brown Coalition Building During the "Post-racial" Obama Era 29 Saint Louis University Public Law Review 473 (2010) Moreover, I am cognizant of the interrelatedness of all communities and states. . . . Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly. Never again can we afford to live with the narrow, provincial... 2010
Anna Blackburne-Rigsby Black Women Judges: the Historical Journey of Black Women to the Nation's Highest Courts 53 Howard Law Journal 645 (Spring 2010) INTRODUCTION. 646 I. BENEFITS TO HAVING A DIVERSE APPELLATE JUDICIARY. 649 II. PLACING THE FIRST BLACK MALE JUDGES AND FIRST WHITE WOMEN JUDGES INTO HISTORICAL CONTEXT. 652 A. Reconstruction: 1865-1877. 653 B. End of Reconstruction: 1877. 654 C. The Women's Suffrage Movement: 1800-1920. 655 D. World War I: 1914-1918 (America entered the war in... 2010
Richael Faithful Book Interview: the New Jim Crow: Mass Incarceration in the Age of Colorblindness 6 Modern American 57 (Fall, 2010) As a summer law clerk at Advancement Project I read an excited e-mail chain about a newly-published book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, by Michelle Alexander, a professor at Ohio State Moritz College of Law. In my experience, racial justice advocates are always excited about race-related progressive-minded works... 2010
Martin Levy Born in Sin . . . the Lineage of Sweatt the School of Law of the Texas State University for Negroes the Thurgood Marshall School of Law 36 Thurgood Marshall Law Review 1 (Fall, 2010) The Thurgood Marshall School of Law, was born in sin. Born in the sin of American apartheid as the School of Law of the Texas State University for Negroes. This was not of course, original sin, for which theologians assert that human beings bear no guilt, but rather the sin of racial segregation and Jim Crow, which ultimately replaced the... 2010
Nekima Levy-Pounds Can These Bones Live? A Look at the Impacts of the War on Drugs on Poor African-american Children and Families 7 Hastings Race and Poverty Law Journal 353 (Summer 2010) It is no secret that there is currently an incarceration crisis in America. A Pew Report issued in February of 2008 proved one of our worst fears: The United States now has the highest rate of incarceration in the world. In fact, according to the report, one in every one hundred adult Americans is presently incarcerated. One has to look no further... 2010
Jamie L. Wershbale Collaborative Accreditation: Securing the Future of Historically Black Colleges 12 Berkeley Journal of African-American Law & Policy 67 (2010) America's educational system continuously evolves, striving to meet the nation's ever changing socio-economic needs. Higher education produces a more dynamic society, and enhances the nation's domestic economy and political posture in the global arena. Skilled and educated individuals, often products of postsecondary education, provide valuable... 2010
David Copp Corrective Justice as a Duty of the Political Community: David Lyons on the Moral Legacy of Slavery and Jim Crow 90 Boston University Law Review 1731 (August, 2010) Introduction. 1731 I. The Challenge of Agency Individualism. 1733 II. The Challenge of Moral Individualism. 1736 III. The Objection of the Gap. 1740 IV. A Duty of Civic Responsibility. 1746 V. The Objection from Moral Guilt. 1749 Conclusion. 1753 2010
Christina L. Boyd , David A. Hoffman Disputing Limited Liability 104 Northwestern University Law Review 853 (Summer 2010) Introduction. 854 I. Theoretical Background and Expectations. 857 A. Veil Piercing Complaints. 858 B. Veil Piercing Success. 864 II. A Distinct Approach to the Study of Litigation. 876 A. Why Study Dockets?. 876 B. Data and Measures. 877 III. Results. 886 A. Content of Veil Piercing Complaint. 886 B. Veil Piercing Activity and Success. 890 IV.... 2010
Uduakobong Ikpe, M.S., Kendell L. Coker, Ph.D. Encouraging the Use of Community Involvement and Restorative Practices as Treatment for Trauma with Black Juvenile Offenders 15 Public Interest Law Reporter 220 (Summer 2010) AB was a 13-year-old Black male from the inner city of Memphis, TN. He was arrested for sexually assaulting an elderly neighbor. Routine screening by the court mental health professional found that AB suffered from a plethora of mental health symptoms including anxiety, disorganized behavior, lack of concentration and nightmares amongst others. He... 2010
Renee C. Redman From Importation of Slaves to Migration of Laborers: the Struggle to Outlaw American Participation in the Chinese Coolie Trade and the Seeds of United States Immigration Law 3 Albany Government Law Review Rev. 1 (2010) I. The Chinese Coolie Trade--Briefly. 6 A. Recruitment of Chinese Coolies. 8 II. The Coolie Trade Prohibition Act. 13 A. Presidential Messages. 16 1. 1856 Presidential Report to Congress. 17 2. 1860 Bill. 28 B. 1860 Presidential Message. 38 C. 1861 Presidential Message. 43 D. 1862 Bill Introduced by Eliot. 47 III. The Legacy of the Coolie Trade... 2010
Brandon M. Stump From Reconstruction to Obama: Understanding Black Invisibility, Racism in Appalachia, and the Legal Community's Responsibility to Promote a Dialogue on Race at the Wvu College of Law 112 West Virginia Law Review 1095 (Spring, 2010) I. Introduction. 1096 II. The Similar Experiences of American Blacks and White Appalachians. 1100 A. Into the Mountains. 1100 B. White and Black Savages: A Tale of Two Stereotypes. 1102 C. The Housing Conditions of Blacks and Appalachian Whites. 1104 D. The Importance of Color: Blacks Were Black and Appalachians Were White. 1105 E. Conclusion.... 2010
Seth Harp Globalization of the U.s. Black Market: Prohibition, the War on Drugs, and the Case of Mexico 85 New York University Law Review 1661 (November, 2010) Prohibition of alcohol from 1919 to 1933 is a paradigmatic case of sumptuary legislation gone awry. Instead of removing alcohol from the market, Prohibition increased alcohol's potency and decreased its quality, resulting in a spike in drunkenness and accidental deaths while black market corruption and violence abounded. The same criticisms are... 2010
Ernesto Hernández-López Guantánamo as a "Legal Black Hole": a Base for Expanding Space, Markets, and Culture 45 University of San Francisco Law Review 141 (Summer 2010) WHY DOES THE U.S. NAVAL Station at Guantánamo Bay, Cuba (Guantánamo or GTMO) appear as a legal black hole? It's been labeled a quirky outpost with an unusual jurisdictional status and an anomalous legal zone. After eight years, nearly 800 persons have been detained on the base. Cases from this year show that elemental legal questions... 2010
Adjoa A. Aiyetoro, Adrienne D. Davis Historic and Modern Social Movements for Reparations: the National Coalition of Blacks for Reparations in America (N'cobra) and its Antecedents 16 Texas Wesleyan Law Review 687 (Symposium Edition 2010) In the 1950s, a young mother in Fairbanks, Alaska joined her local NAACP. Ten years later, a freshman student at Bowdoin College in Maine began studies that included a course on Jean-Paul Sartre's existentialism. During the same decade, two social workers blended their work for New York's state and municipal organizations with their racial... 2010
Roy L. Brooks, Kirsten Widner In Defense of the Black/white Binary: Reclaiming a Tradition of Civil Rights Scholarship 12 Berkeley Journal of African-American Law & Policy 107 (2010) One of the central tenets of several legal theories that oppose the received tradition in Anglo-American law--particularly, Critical Race Theory as configured primarily by Richard Delgado and Jean Stefancic, Latino/a Critical Legal Studies (LatCrit), Asian/Crit Theory, and QueerCrit Theory (hereinafter collectively referred to as critical theory... 2010
Judge D'Army Bailey In the Aftermath of Electing Our First Black President 37-FALL Human Rights 9 (Fall, 2010) The election of Barack Obama gave hope to millions of African Americans and Progressives in America that the first black president meant we were entering a new era in American politics, an era of heightened tolerance and racial acceptance. The euphoria many felt in the aftermath of his election reflected the yearning to move closer to Dr. Martin... 2010
Mary Farrell Robinson Inclusion Is Not Just Black & White 29 No. 6 Legal Management 40 (November/December, 2010) With an increasingly diverse population in both our workplaces and among our clients, our concept of diversity must become increasingly expansive. However, we're not talking about race and only race here. While our workforce is increasingly non-white and it is vital to continue to develop and improve racial diversity at our law firms, our diversity... 2010
Victoria L. Brown-Douglas Is it Time to Redefine the Negro Lawyer? 25 Journal of Civil Rights & Economic Development 55 (Fall 2010) In 1928, a young High School student wrote to W.E.B. DuBois about the use of the word Negro. DuBois wrote back to him: Do not at the outset of your career make the all too common error of mistaking names for things. Names are only conventional signs for indentifying things. Things are the reality that counts. If a thing is despised . . . you will... 2010
Dr. Gloria J. Liddell , Dr. Pearson Liddell, Jr. , Dr. Donald Shaffer Is Obama Black? The Pseudo-legal Definition of the Black Race: a Proposal for Regulatory Clarification Generated from a Historical Socio-political Perspective 12 Scholar: St. Mary's Law Review on Minority Issues 213 (Winter 2010) Abstract. 214 I. Introduction. 214 II. The Historical Socio-Political Context. 219 A. In the Beginning, There Was Slavery. 219 B. The Legal Construction of Race in the Reconstruction and Jim Crow Eras. 222 1. The Slaughter-House Cases and Cruikshank. 224 2. Pace v. Alabama. 228 3. Anti-Miscegenation Laws. 229 4. Plessy v. Ferguson. 230 5. A New... 2010
Richard D. Brown, University of Connecticut J. William Harris, the Hanging of Thomas Jeremiah: a Free Black Man's Encounter with Liberty, New Haven, Conn.: Yale University Press, 2009. Pp. Xi + 223. $27.50 (Isbn: 978-0-300-15214-2) 28 Law and History Review 868 (August, 2010) At first glance J. William Harris's study of the 1775 hanging of Thomas Jeremiah, the free black pilot, mariner, and slave owner, appears to be a micro-history. But in fact this detailed examination of a little-known episode provides an insightful reflection and commentary on the vexed relationships among liberty, slavery, and the British Empire in... 2010
Thomas D. Russell Keep Negroes out of Most Classes Where There Are a Large Number of Girls: the Unseen Power of the Ku Klux Klan and Standardized Testing at the University of Texas, 1899-1999 52 South Texas Law Review Rev. 1 (Fall 2010) I. Introduction: Response to Brown. 1 II. William Stewart Simkins: Klansman and Law Professor. 2 III. Jim Crow Education in Texas. 4 IV. Colonel Simkins Becomes Professor Simkins. 5 V. Separate but Equal . 6 VI. Sweatt v. Painter. 11 VII. Colonel Simkins and his Unseen Power . 12 VIII. Heman Sweatt Goes to Law School. 13 IX. Professor Simkins... 2010
Alina M. Perez , Kathy L. Cerminara La Caja De Pandora: Improving Access to Hospice Care among Hispanic and African-american Patients 10 Houston Journal of Health Law & Policy 255 (Spring 2010) It has been said that end-of-life medical treatment options represent the ultimate Pandora's Box. This metaphor depicts the process most patients face upon learning they are facing terminal illnesses. Many patients, when first learning about their diagnoses and prognoses, will seek more information about the illness and try every available... 2010
Alexandra S. Tuffuor Let's Talk about Sex : Exploring the Benefits of Mediation in Lawsuits Involving the Contraction of Sexually Transmitted Diseases 25 Ohio State Journal on Dispute Resolution 779 (2010) Resol. (2010) In a nation where sex and provocative images infiltrate our lives through every newsstand, Internet advertisement, and popular television show, it is ironic that the direct consequences of sexual activity receive only a fraction of the same attention. Perhaps then, it is no surprise that the United States has the highest rate of sexually... 2010
Mary Vasaly Men in Black: Gender Diversity and the Eighth Circuit Bench 36 William Mitchell Law Review 1703 (2010) I. Introduction. 1703 II. Why is the Eighth Circuit Important?. 1705 III. Why Gender Diversity is Central to the Concept of Equal Justice for All. 1706 IV. History of Efforts to Increase Diversity in the Eighth Circuit. 1712 V. Why is it Harder to Achieve Diversity in the Federal System?. 1713 VI. What We are Doing About It. 1716 VII. Conclusion.... 2010
Todd J. Clark My President Is Black and I Be Goddamned If My Agent Ain't Too 2 Georgetown Journal of Law & Modern Critical Race Perspectives 107 (Fall, 2010) My president is black. My lambo's blue and I be goddamned if my rims ain't too! These are the lyrics that blasted from the stereos of many young black urbanites after Barack Obama became the first Black President of the United States of America. Within the Black community, President Obama's victory inspired the reality of his pre-inauguration... 2010
Samuel Brenner Negro Blood in His Veins: the Development and Disappearance of the Doctrine of Defamation per Se by Racial Misidentification in the American South 50 Santa Clara Law Review 333 (2010) After losing a 2003 election for New York City Council for the 49th District (Staten Island), Independent Party candidate Dr. John Johnson brought suit against the Staten Island Advance, alleging, among other complaints, that the newspaper had defamed him by publishing a picture of a different Reverend John Johnson above his name, and so... 2010
Andre Smith, Carlton Waterhouse No Reparation Without Taxation: Applying the Internal Revenue Code to the Concept of Reparations for Slavery and Segregation 7 Pittsburgh Tax Review 159 (Spring, 2010) Carlton: Andre, if you don't mind terribly, I'd like your opinion on the relationship between taxes and the concept of reparations generally and reparations to Blacks for slavery and segregation specifically. As you know, I have done considerable research and writing on the subject of reparations for slavery and segregation. Most scholarship... 2010
William B. Turner Of Turkey Tetrazzini and George Wallace Buttons: the Experiences of the First Cohort of African-americans to Attend a Newly Desegregated Law School 16 Texas Wesleyan Law Review 597 (Symposium Edition 2010) Emory University admitted its first African American students in January 1963. It did so as the result of a law suit, Emory v. Nash, in which the University sued to eliminate the segregation requirement from the blanket tax exemption the State of Georgia conferred on all private educational institutions. Chair of the Board of Trustees and... 2010
Sophia Z. Lee, University of Pennsylvania Law School Paul Frymer, Black and Blue: African Americans, the Labor Movement, and the Decline of the Democratic Party, Princeton, N.j.: Princeton University Press, 2008. Pp. 202. $27.95 (Isbn 978-0-691-13465-9) 28 Law and History Review 554 (May, 2010) Frymer's thought-provoking book contrasts the judicial branch's unintended and unexpected success in ending unions' discriminatory practices with the failure of the other branches and the labor movement to do so. Importantly, Frymer uses this contrast to demonstrate the judiciary's overlooked role in building the late twentieth-century American... 2010
Angela Mae Kupenda , Letitia Simmons Johnson , Ramona Seabron-Williams Political Invisibility of Black Women: Still Suspect but No Suspect Class 50 Washburn Law Journal 109 (Fall 2010) All paradises, all utopias are designed by who is not there, by the people who are not allowed in. Black women have been doubly victimized by scholarly neglect and racist assumptions. Belonging as they do to two groups which have traditionally been treated as inferiors by American society--Blacks and women--they have been doubly invisible. History... 2010
Rebecca Wanzo Proms and Other Racial Ephemera: the Positive Social Construction of African Americans in the "Post"-civil Rights Era 33 Washington University Journal of Law and Policy 75 (2010) On an April morning in 2007, one of the kings of radio rose and went to greet his subjects. Don Imus was courted by politicians and writers for thirty years, and no doubt began the morning as any other day. Secure on his throne, he routinely aimed vitriol at those he thought deserving--or just for entertainment value. He also discussed serious news... 2010
Consuelo Valenzuela Lickstein Race and Education at a Crossroads: How Parents Involved in Community Schools V. Seattle School District No. 1 and Wisconsin V. Yoder Shed Light on the Potential Conflict Between the Black Homeschooling Movement and K-12 Affirmative Action Programs 13 Journal of Gender, Race and Justice 835 (Spring 2010) Parties arguing before the Supreme Court bring several competing interests to the forefront. Often, we sympathize with one party, whether because we believe they are especially vulnerable or because their plight reminds us of our own. How do we react, however, when we encounter a case between two parties that are each pursuing sympathetic goals?... 2010
Nicole S. Dandridge Racial Etiquette and Social Capital: Challenges Facing Black Entrepreneurs 32 Western New England Law Review 471 (2010) Historically, successful free enterprise has been more difficult for minority entrepreneurs than it has been for whites. Certain barriers limit access to capital and industry markets as well as access to skills and work experience that facilitate proper business development and sustainability. Merely starting up a business does not mean it will... 2010
Martin D. Carcieri Rawls and Reparations 15 Michigan Journal of Race and Law 267 (Spring 2010) In the past two years, four related events have sharpened debates on race in the U.S.: President Obama's election, the nomination of Judge Sonia Sotomayor to the Supreme Court, that Court's ruling in Ricci v. DeStefano, and the arrest of Obama's friend, Harvard professor Henry Gates. The President has spoken of a teaching moment arising from... 2010
Quintin Byrd Reaction To: "My President Is Black and I Be Goddamned If My Agent Ain't Too" 2 Georgetown Journal of Law & Modern Critical Race Perspectives 159 (Fall, 2010) A myriad of complications arise when engaging issues of racial disproportionality and forced integration. One such complication is the reality that each specific circumstance is distinct and resolutions that proved viable in one context may not in a similar but slightly different context. The Rooney Rule, as applied, has helped to give minority... 2010
Wendell Peggott Reaction To: "My President Is Black and I Be Goddamned If My Agent Ain't Too" 2 Georgetown Journal of Law & Modern Critical Race Perspectives 161 (Fall, 2010) We learn early on in life that oftentimes there is more to a situation than meets the eye. It is enjoyable to watch your favorite athlete in a given sport compete. After we learn how much money athletes earn and how lavish their lifestyles are we dismiss the problems they face. What is also dismissed is the effect a successful athlete may have on... 2010
José Roberto Juárez, Jr. Recovering Texas History: Tejanos, Jim Crow, Lynchings & the University of Texas School of Law 52 South Texas Law Review 85 (Fall 2010) I. Introduction. 85 II. Growing Up Tejano in Jim Crow Texas. 86 III. Tejanos, Racism, and Lynchings. 88 IV. Tejano Students at UT Law. 93 V. Conclusion. 98 2010
Adele M. Morrison Straightening Up: Black Women Law Professors, Interracial Relationships, and Academic Fit(ting) in 33 Harvard Journal of Law & Gender 85 (Winter 2010) In Making Up Is Hard to Do: Race/Gender/Sexual Orientation in the Law School Classroom, Professors Robert Chang and Adrienne Davis write of the tools that people of color, women, and lesbian, gay, bisexual, and transgender (LGBT) persons use in order to fit into the role of law professor. They further explore how those same groups are perceived,... 2010
Karla Mari McKanders Sustaining Tiered Personhood: Jim Crow and Anti-immigrant Laws 26 Harvard Journal on Racial & Ethnic Justice 163 (Spring 2010) Latino immigrants are moving to areas of the country that have not seen a major influx of immigrants. As a result of this influx, citizens of these formerly homogenous communities have become increasingly critical of federal immigration law. State and local legislatures are responding by passing their own laws targeting immigrants. While many... 2010
W.S. Miller, University of Wisconsin-Parkside Kenosha, WI Tanked!: Behind the Scenes with the Nfl's Biggest Stars by the Game's Most Infamous Super Agent William 'Tank' Black [Creative Publishing 2009] Xvi + 317 Pages [$19.95 U.s. (Soft Cover)] Isbn: 9780982473009 20 Journal of Legal Aspects of Sport 189 (Summer 2010) Most readers of the Journal of Legal Aspects of Sport are undoubtedly familiar with William Tank Black. After a highly distinguished football career at Carson-Newman College, Black became a college coach and later went on to become one of the most prominent NFL player agents in the 1990s. His list of clients read like an NFL Pro Bowl roster and... 2010
Kareem Crayton The Changing Face of the Congressional Black Caucus 19 Southern California Interdisciplinary Law Journal 473 (Spring 2010) In March of 2007, Congressman John Lewis faced a problem of a metaphysical variety. Try as he might, he simply could not be present in two places at once. The setting was Selma, Alabama, during the series of ceremonies commemorating the 1965 march across the Edmund Pettus Bridge on Bloody Sunday. About four decades earlier, a much younger John... 2010
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