AuthorTitleCitationSummaryYear
Stacy Elmer Health Disparities and Historical Injustice in Sierra Leone: a Case for Reparations? 57 University of Kansas Law Review 971 (May, 2009) You would rather have a Lexus or justice, a dream or some substance? A Beamer, a necklace, or freedom? -- Dead Prez, Hip-Hop In 2000, the World Health Organization ranked Sierra Leone as the country with the least efficient health system of any country in the world. With sixty-eight percent of its population living below the poverty line, Sierra... 2009
Tamara L. Rogers-Gant Health Disparities at Historical Black Colleges and Universities: Hiv Epidemic among Young African Americans 19 Annals of Health Law Advance Directive 142 (Fall, 2009) According to the Center for Disease Control and Prevention (CDC), acquired immunodeficiency syndrome (AIDS) is the leading cause of death among African Americans between the ages of twenty-five and forty-four. Although African Americans comprise approximately 12% of the United States' population, African Americans comprise 45% of all new Human... 2009
L. Darnell Weeden Historically Black Colleges Advance Reverse Academic Diversity 13 New York City Law Review 1 (Winter 2009) One commentator correctly recognizes that a new, transformative racial diversity role at historically black colleges and universities (HBCUs) may be the key to their own survival. More than seventeen years ago, the Supreme Court in United States v. Fordice held that HBCUs must also recruit non-black students in order to dismantle de jure... 2009
Paul R. Baier Hugo Black and Judicial Lawmaking: Forty Years in Retrospect 14 Nexus: Chapman's Journal of Law & Policy Pol'y 3 (2009) Forty years ago, law and media converged in spectacular fashion. I am referring to Hugo Black's 1968 television interview on the Court and the Constitution, Justice Black and the Bill of Rights. This was the first television interview in history with a sitting Supreme Court Justice. The interview aired on December 3rd, 1968. The American people... 2009
Vernellia R. Randall Inequality in Health Care Is Killing African Americans 36-FALL Human Rights 20 (Fall, 2009) For blacks, health inequalities are the cumulative result of both past and current discrimination throughout U.S. culture. Due to discrimination and limited educational opportunities, blacks disproportionately work in low-pay, high-health-risk occupations (e.g., they are migrant farm workers, fast food workers, garment industry workers). Historic... 2009
Mitchell A. Byrd Inherit the Land: Jim Crow Meets Miss Maggie's Will by Gene Stowe | University of Mississippi Press | $35 | 309 Pages | 2006 45-JUN Tennessee Bar Journal 32 (June, 2009) Inherit the Land is a narrative account of a jury trial in Monroe, Union County, North Carolina, in 1921. The trial is centered on the wills of two white women, Sallie and Maggie Ross, who devised their property to a black man and his daughter, Bob Ross and Mittie Bell Houston. At that time in North Carolina most deeds contained restrictions... 2009
Stephen Clowney Invisible Businessman: Undermining Black Enterprise with Land Use Rules 2009 University of Illinois Law Review 1061 (2009) Rates of self-employment in African-American neighborhoods remain feeble. Although the reasons behind the failure of black businesses are complex, zoning regulations play a largely unexamined role in constraining the development of African-American enterprises. Land use fees, municipal zoning board decisions, and the general insistence on... 2009
Bobby Segall Jim Crow and Me, Stories from My Life as a Civil Rights Lawyer by Solomon S. Seay, Jr. 70 Alabama Lawyer 112 (March, 2009) I'm not actually a book reviewer. I have no (good) idea about how to evaluate whether a book is laudable literature. But, I do know what feels right, and what moves me-what makes me cry, and what makes me smile. I do know what inspires me and, mostly, I know what is readable and keeps me awake and wanting to read more. Jim Crow and Me, Stories from... 2009
Anthony V. Alfieri Jim Crow Ethics and the Defense of the Jena Six 94 Iowa Law Review 1651 (July, 2009) ABSTRACT: This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race... 2009
Leland Ware, David C. Wilson Jim Crow on the "Down Low": Subtle Racial Appeals in Presidential Campaigns 24 Saint John's Journal of Legal Commentary 299 (Fall 2009) In 1958, George Wallace campaigned to become the governor of Alabama. His rival, Alabama's Attorney General, was an outspoken segregationist who persuaded state courts to declare the NAACP an illegal organization. The Attorney General was endorsed by the Ku Klux Klan and easily defeated Wallace. After the election, Wallace said, no other... 2009
Alexander J. Chenault Jones V. Bennet: the Bifurcated Legal Status of Early Nineteenth Century Free Blacks in Kentucky 5 Modern American 32 (Spring, 2009) In 1829, Henry Clay, then President of the American Colonization Society for the Free People of Color, pronounced: Of all the descriptions of our population, and of either portion of the African race, the free people of color are, by far, as a class, the most corrupt, depraved and abandoned .. They are not slaves, and yet they are not free. The... 2009
Steven W. Bender Knocked down Again: an East L.a. Story on the Geography of Color and Colors 12 Harvard Latino Law Review 109 (Spring 2009) Hector knocked up 3 girls in the gang. There are 27 girls in his gang. What is the exact percentage of girls Hector knocked up? Derogatory racial images have long been a mainstay of media productions from cinema to song. Racial and ethnic humor drawing on stereotypical visions of racial groups is a staple of comedy, particularly on television,... 2009
Amara S. Chaudhry, Esquire Lessons from Jim Crow: What Those Seeking Self-determination for Transgender Individuals Can Learn from America's History with Racial Classification Categories 18 Temple Political & Civil Rights Law Review 505 (Spring 2009) As the non-LGBT Legal Director of an LGBT advocacy organization, I am constantly surprised to learn how seldom advocates for LGBT rights study and seek to learn from the American civil rights struggles of other historically marginalized groups. Recently, however, the LGBT civil rights movement has been increasingly looking to learn from other civil... 2009
Simi N. A. Junior Many Strands: Immigration Reform and the Effect of Mexican Migration on African American Unemployment 10 Rutgers Race & the Law Review 487 (2009) America is woven of many strands; I would recognize them and let it so remain . . . . Our fate is to become one, and yet many--This is not prophecy, but description. The events of that day were unforgettable. A grainy videotape showed a black man being viciously beaten by four white police officers. What appeared to be an act of racial savagery was... 2009
Stephen Steinberg Neoliberal Immigration Policy and its Impact on African Americans 23 Notre Dame Journal of Law, Ethics & Public Policy 209 (2009) This paper builds on my earlier paper,Immigration, African Americans, and Race Discourse, published inNew Politics in 2005. In that paper, I argued that all through American history, beginning with slavery, ruling elites installed a system of occupational apartheid that relegated African Americans to the least desirable jobs in the preindustrial... 2009
Kevin Brown Now Is the Appropriate Time for Selective Higher Education Programs to Collect Racial and Ethnic Data on its Black Applicants and Students 34 Thurgood Marshall Law Review 287 (Spring, 2009) In Parents Involved in Community Schools v. Seattle School District No. 1, all of the Justices reaffirmed their commitment to the 2003 higher education affirmative action decision in Grutter v. Bollinger. Grutter was clearly a victory for affirmative action in higher education. In Grutter, the Court concluded that the affirmative action policy... 2009
Audrey G. McFarlane Operatively White?: Exploring the Significance of Race and Class Through the Paradox of Black Middle-classness 72 Law and Contemporary Problems 163 (Fall 2009) Analytically race and class are theoretically distinct. Realistically in the US they are indistinguishable. [R]ace is . . . the modality in which class is lived . . . . No current discussion of race in the United States is complete without acknowledging the interaction of race and class. Both are overlapping categories of identity that lead to... 2009
Frank Rudy Cooper Our First Unisex President?: Black Masculinity and Obama's Feminine Side 86 Denver University Law Review 633 (2009) People often talk about the significance of Barack Obama's status as our first black President. During the 2008 Presidential campaign, however, a newspaper columnist declared, If Bill Clinton was once considered America's first black president, Obama may one day be viewed as our first woman president. That statement epitomized a large media... 2009
Anita Bernstein Pecuniary Reparations Following National Crisis: a Convergence of Tort Theory, Microfinance, and Gender Equality 31 University of Pennsylvania Journal of International Law L. 1 (Fall 2009) Numerous possible contexts can impel national governments to start reparations programs. From the array of possibilities, this Article focuses on reparations for the effects of a crisis that ravaged a whole nation--for example civil war, genocide, dictatorship, or apartheid--rather than on one discrete, odious deviation from the norms of a... 2009
Derrick Alan Everett, MFA Public Narratives + Reparations in Rwanda: on the Potential of Film as Promoter of International Human Rights + Reconciliation 7 Northwestern Journal of International Human Rights 103 (Spring, 2009) Principally, film has the potential to be a useful and appropriate tool of reparations. The foundational tenets for reparations can be found within the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law... 2009
Khiara M. Bridges Quasi-colonial Bodies: an Analysis of the Reproductive Lives of Poor Black and Racially Subjugated Women 18 Columbia Journal of Gender and Law 609 (2009) This Article analyzes the relationship between the struggle for the recognition of Black women's reproductive rights in the United States and the fight for racial justice. Specifically, it argues that the problematization of poor Black women's fertility--evidenced by the depiction of single Black motherhood as a national crisis, the condemnation of... 2009
Shelley Buchanan Questioning the Political Question Doctrine: Inconsistent Applications in Reparations and Alien Tort Claims Act Litigation 17 Cardozo Journal of International and Comparative Law 345 (Spring 2009) I. Introduction. 345 II. Historical Background of the ATCA. 349 A. Filartiga v. Pena-Irala. 349 B. Sosa v. Alvarez-Machain. 352 III. The Political Question Doctrine. 354 A. Historical Background. 354 B. Statements of Interest by the State Department. 355 IV. Reparations Movements. 361 A. Historical Background. 363 1. Holocaust Era Litigation. 364... 2009
L. Darnell Weeden Racial Profiling and the Implications of Jena Six in Undermining the Civil Rights of Blacks in America 36 Southern University Law Review 239 (Spring, 2009) The issue to be addressed is whether a prosecutor's use of discretion targeting individuals because of race, constitutes race profiling in violation of the Equal Protection Clause under the Fourteenth Amendment of the United States Constitution. In my opinion arbitrary use of discretion by a prosecutor to target any individual because of race is a... 2009
Hao Duy Phan Reparations to Victims of Gross Human Rights Violations: the Case of Cambodia 4 East Asia Law Review 277 (Fall, 2009) The world community has introduced various legal instruments regarding reparations for gross violations of human rights. In Cambodia, however, reparations for those seriously and systematically deprived of their rights by the Khmer Rouge regime remain an unresolved issue, even after the establishment of the Extraordinary Chambers in the Courts of... 2009
Artika Tyner, Esq. Robust Exchange of Ideas and the Presence of the African American Voice in the Law School Environment: a Review of Literature 5 Modern American 37 (Spring, 2009) People of color represent about 30% of the United States population, but less than 10% of lawyers. African-Americans represent approximately 13% of the United States population, but only 6.8% of enrolled law students. The rate of admission of African-Americans to law schools has experienced a continual decline, diminishing the racial diversity of... 2009
Yael Weitz Rwandan Genocide: Taking Notes from the Holocaust Reparations Movement 15 Cardozo Journal of Law & Gender 357 (Winter 2009) The devastating scale and scope of World War II brought about the international community's recognition of victims' rights. In the years after the war, the international community came to acknowledge victims as a distinct group, deserving of reparations for their physical and emotional damage. Moreover, the reparations movement that developed in... 2009
Marques P. Richeson Sex, Drugs, and . . . Race-to-castrate: a Black Box Warning of Chemical Castration's Potential Racial Side Effects 25 Harvard BlackLetter Law Journal 95 (Spring 2009) I. History of Castration in the United States: Eliminating the Unfit . 98 II. The Middle Passage: From Circumcision to Castration. 101 III. History of Black Male Castration: Demasculinization, Dehumanization, and Invisibility. 103 A. Castration as a Tool of Demasculinization. 107 B. Castration as a Tool of Dehumanization. 108 C. Castration as a... 2009
Jason Levy Slavery Disclosure Laws: for Financial Reparations or for "Telling the Truth?" 2009 Columbia Business Law Review 468 (2009) I. Introduction. 469 II. Background. 472 A. Prior Attempts to Secure Financial Reparations through Litigation or Legislation. 474 B. Prior Attempts to Secure Historical Acknowledgment Reparations. 479 III. Modes of Reparations Applied to Slavery Disclosure Laws. 483 A. Slavery Disclosure Laws as Promoting Financial Reparations Lawsuits. 483 B.... 2009
William Darity Jr. Stratification Economics: Context Versus Culture and the Reparations Controversy 57 University of Kansas Law Review 795 (May, 2009) The general intent of any program of reparations for a grievous injustice should be threefold: acknowledgment, redress (restitution or atonement ), and closure. Acknowledgment involves recognition and admission of the wrong by the perpetrators and/or beneficiaries of the wrong. In the case of blacks, this would mean the receipt of a formal apology... 2009
Gloria J. Browne-Marshall The African American Journey 36-FALL Human Rights 1 (Fall, 2009) This edition of Human Rights magazine provides an opportunity to examine American history through the prism of the African American experience. I find it a daunting task to place in sum the journey of a people as diverse, unique, and complicated as African Americans. The space allotted is small. The journey could span over five hundred years in... 2009
Eric E. Johnson The Black Hole Case: the Injunction Against the End of the World 76 Tennessee Law Review 819 (Summer, 2009) Underneath the countryside of Switzerland and France is the largest machine ever built. Seventeen miles around and requiring as much electricity as a medium-sized city, it is designed to create conditions hotter than any star in our galaxy. The thousands of scientists hovering over the device hope that when it reaches full power it will create... 2009
Dartanyon Burrows The Debate over the Current Reparations Movement 2 the crit: a Critical Studies Journal 99 (Spring, 2009) One of my favorite events of the summer is the annual Obon Festival, held by the members of the Idaho-Oregon Buddhist Temple in a small farming community where I grew up. The vast majority of Temple members are Japanese American. The Obon is a Japanese tradition, held to honor and remember ancestors and to celebrate community. The Temple's festival... 2009
Lynette L. Danley, PhD The Diary of M.a.d. Black Mama: the Blessings of Reality 11 Journal of Law and Family Studies 427 (2009) Dear Diary, for a Black mama raising a Black boy in Utah, I just knew life wasn't gone be no crystal stair, if there were would be any stairs at all. Ah yes, Langston Hughes had it right when he said: Well, son, I'll tell you: Life for me ain't been no crystal stair. It's had tacks in it, And splinters, And boards torn up, And places with no... 2009
Lynette L. Danley, PhD The Diary of M.a.d. Black Mama: the Blessings of Reality 2009 Utah Law Review 475 (2009) Dear Diary, for a Black mama raising a Black boy in Utah, I just knew life wasn't gone be no crystal stair, if there were would be any stairs at all. Ah yes, Langston Hughes had it right when he said: Well, son, I'll tell you: Life for me ain't been no crystal stair. It's had tacks in it, And splinters, And boards torn up, And places with no... 2009
Rebecca Vallas The Disproportionality Problem: the Overrepresentation of Black Students in Special Education and Recommendations for Reform 17 Virginia Journal of Social Policy and the Law 181 (Fall 2009) I. Introduction and Background. 181 A. Eligibility for Special Education Services Under the IDEA. 181 B. The Disproportionality Problem. 184 II. The Nature of the Problem. 185 A. Possible Causes of Disproportionality. 185 1. Biological and Environmental Factors. 186 2. Bias in Assessment and Referral. 187 3. Lack of Cultural Responsiveness. 188 B.... 2009
Rucker C. Johnson , Steven Raphael , University of California, Berkeley, University of California, Berkeley The Effects of Male Incarceration Dynamics on Acquired Immune Deficiency Syndrome Infection Rates among African American Women and Men 52 Journal of Law & Economics 251 (May, 2009) This paper investigates the connection between incarceration dynamics and acquired immune deficiency syndrome (AIDS) infection rates, with particular emphasis on the black-white AIDS rate disparity. Using case-level U.S. data spanning 1982-96, we model the dynamic relationship between AIDS infection rates and the proportion of men in the age-,... 2009
Kevin Outterson The End of Reparations Talk: Reparations in an Obama World 57 University of Kansas Law Review 935 (May, 2009) Several years ago, I wrote an article on reparations for disparities in Black health in the United States. The world did little note nor long remember what I said in that article. But, the University of Kansas Law Review has rescued my thoughts from obscurity, at least temporarily. My thesis proceeded in three parts: (1) U.S. disparities in Black... 2009
Ronald Caldwell Jr. The Erosion of Affirmative Action and its Consequences for the Black-white Educational Attainment Gap 57 University of Kansas Law Review 813 (May, 2009) The disparity in economic outcomes between whites and blacks in the United States has long been an important social and political issue. While there are many factors contributing to this economic gulf, a crucial element is undoubtedly the large and pervasive gap that exists in the level of educational attainment between whites and blacks. It is... 2009
Verna L. Williams The First (Black) Lady 86 Denver University Law Review 833 (2009) I stand here at the crosscurrents of history. With those words, Michelle Obama claimed two pivotal moments: the women's struggle for suffrage and the Black civil rights movement. Each of these made it possible for her husband and his former opponent, Hillary Rodham Clinton, to be considered for the nation's highest office. But Mrs. Obama referred... 2009
David G. Savage The Future in Black and White 95-JUN ABA Journal 18 (June, 2009) FOR MUCH OF THIS TERM, the U.S. Supreme Court spent its time tweaking the law in relatively narrow cases. But in late April, the justices took up several disputes with broader stakes. None looks to be more important than the pair of cases on race and civil rights. Both are legacies of the 1960s and the national commitment to end racial... 2009
Carlton Waterhouse The Good, the Bad, and the Ugly: Moral Agency and the Role of Victims in Reparations Programs 31 University of Pennsylvania Journal of International Law 257 (Fall 2009) In the ongoing debate over reparations for slavery and its legacy in the United States, much of the reparations scholarship pays little attention to the quality of past reparations programs implemented domestically or abroad. Most commentators emphasize the need for former wrongdoers to make apology, recompense, or restitution rather than looking... 2009
Tracey Meares The Legitimacy of Police among Young African-american Men 92 Marquette Law Review 651 (Summer 2009) Introduction by Dean Joseph D. Kearney It is a privilege for me to introduce the George and Margaret Barrock Lecture. Permit me to begin by saying a few words about the individuals in whose memory this lecture stands. While I would do this in any event, it is especially appropriate to do so this year, for this is the inaugural Barrock Lecture.... 2009
Montré D. Carodine The Mis-characterization of the Negro: a Race Critique of the Prior Conviction Impeachment Rule 84 Indiana Law Journal 521 (Spring, 2009) The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly insurmountable racial barrier. Yet as he transitions into his historic role and his family becomes the first Black occupants of the White House, scores... 2009
Jared L. Watkins The Right to Reparations in International Human Rights Law and the Case of Bahrain 34 Brooklyn Journal of International Law 559 (2009) The evolution of international law towards a system capable of promoting global justice has been accompanied by a growing consensus that States bear an obligation both to punish wrongdoers and to act on behalf of victims in the wake of widespread, systematic human rights abuses. In fact, U.N. General Assembly Resolution 60/147, Basic Principles... 2009
Tanya M. Washington Throwing Black Babies out with the Bathwater: a Child-centered Challenge to Same-sex Adoption Bans 6 Hastings Race and Poverty Law Journal 1 (Winter 2009) Children, for whom the state acts as parent, are particularly vulnerable and in need of protection. Ironically, in the context of bans that categorically prohibit adoption by gays and lesbians, it is state action that limits placement opportunities and denies orphans the protection they deserve. The specific focus of this article is the impact on... 2009
Roy L. Brooks Toward a Post-atonement America: the Supreme Court's Atonement for Slavery and Jim Crow 57 University of Kansas Law Review 739 (May, 2009) Little if any attention in the national discourse on reparations has been given to the question of whether the United States Supreme Court has an institutional moral duty to atone for its participation in the atrocities of slavery and Jim Crow. By atonement I mean two things: a statement of apology and an act of redemption that concretizes the... 2009
Carla D. Pratt Way to Represent: the Role of Black Lawyers in Contemporary American Democracy 77 Fordham Law Review 1409 (March, 2009) It is an axiomatic principle of constitutional law that our nation was founded as a race-conscious liberal democracy. The U.S. Constitution, as originally drafted and adopted, recognized as citizens only those persons who could be considered racially white. The U.S. Supreme Court, in its infamous Dred Scott v. Sandford decision, held that persons... 2009
Jennifer M. Keys When They Need Us Most: the Unaddressed Crisis of Mentally Ill African American Children in the Juvenile Justice System 2 DePaul Journal for Social Justice 289 (Spring 2009) The prison became our employment policy, our drug policy, our mental health policy, in the vacuum left by the absence of more constructive efforts. - scholar Elliot Currie. Minorities remain overrepresented in the juvenile justice system. Law enforcement continues to arrest, detain, charge and confine minority youth offenders, specifically Black... 2009
Angela Mae Kupenda , Tiffany R. Paige Why Punished for Speaking President Obama's Name Within the Schoolhouse Gates? And Can Educators Constitutionally Truth-en Marketplace of Ideas about Blacks? 35 Thurgood Marshall Law Review 57 (Fall, 2009) The election of a black President, Barack Hussein Obama, challenges many negative conceptions about blacks. This article will address some challenged norms and whether concerned educators can constitutionally and affirmatively address these challenges. Immediately after the November 4, 2008 election, and even before the official swearing in of... 2009
Elizabeth A. Hoffman A Wolf in Sheep's Clothing: Discrimination Against the Majority Undermines Equality, While Continuing to Benefit Few under the Guise of Black Economic Empowerment 36 Syracuse Journal of International Law and Commerce 87 (Fall 2008) While over a decade has passed since apartheid, South Africa still has large obstacles to overcome in order to achieve equality among all of their citizens. Today's society remains stricken by the hierarchal racial structure implemented by the apartheid government of the past. This exemplifies the current construction of South African society, with... 2008
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