| Author | Title | Citation | Summary | Year |
| Donald F. Tibbs , Tryon P. Woods |
The Jena Six and Black Punishment: Law and Raw Life in the Domain of Nonexistence |
7 Seattle Journal for Social Justice 235 (Fall/Winter 2008) |
[W]e must firmly place ourselves in another space to describe our age, the age and space of raw life .. It is a place where life and death are so entangled that it is no longer possible to distinguish them, or to say what is on the side of the shadow or its obverse. --Achille Mbembe The welcome sign at the entrance to Jena, Louisiana, describes it... |
2008 |
| Graham P. Shaffer |
The Leesburg Stockade Girls: Why Modern Legislatures Should Extend the Statute of Limitations for Specific Jim-crow-era Reparations Lawsuits in the Wake of Alexander V. Oklahoma |
37 Stetson Law Review 941 (Spring 2008) |
Bleeding, battered, many missing shoes or other articles of clothing, the girls, some as young as ten, none older than sixteen, were stolen away under the cover of nightfall, hauled out of town, and secretly transferred to a dilapidated stockade in a remote corner of the countryside. There they would be held, under lock and key and at gunpoint, for... |
2008 |
| Michael Tonry, Matthew Melewski |
The Malign Effects of Drug and Crime Control Policies on Black Americans |
37 Crime and Justice Just. 1 (2008) |
The disproportionate presence of blacks in American prisons, jails, and Death Rows, and the principal reasons for it--higher rates of commission of violent crimes and racially disparate effects of drug policies and sentencing laws governing violent and drug crimes--are well known. Since the late 1980s, black involvement in violent crime has... |
2008 |
| D. Aaron Lacy |
The Most Endangered Title Vii Plaintiff?: Exponential Discrimination Against Black Males |
86 Nebraska Law Review 552 (2008) |
I. Introduction. 552 II. The Development of the Exponential Argument. 558 III. The Black Male: The Case for a Special Category. 564 IV. The Current Predicament: The Affects of Stereotypes and Exponential Discrimination on Black Men. 568 V. Exponential Claims in Modern Law. 580 A. Statutory Support for Exponential Claims. 580 B. Analysis of an... |
2008 |
| Brian Gilmore , Adrienne Decuire , Edward Davis , Tamar Meekins |
The Nightmare on Main Street for African-americans: a Call for a New National Policy Focus on Homeownership |
10 Berkeley Journal of African-American Law & Policy 262 (2008) |
Discrimination against African Americans in housing has been a long-standing reminder of America's racist history. It is therefore, no accident that the latest crisis in the housing market can be directly linked to racially discriminatory housing practices forged over the last decade. After a decade of record growth, the rampant predatory lending... |
2008 |
| James Lindgren |
The Private and Public Employment of African-american Lawyers, 1960-2000 |
17 Journal of Contemporary Legal Issues 281 (2008) |
To understand the future, it is often important to look at the recent past. One question that faces law schools is how affirmative action is working and how it might be improved. It is important, not just to have reasonably diverse student bodies, but to train minority lawyers who will be employable--and employed--for their professional careers.... |
2008 |
| Casey A. Kovacic |
The Real Bcs: Black Coach Syndrome and the Pursuit to Become a College Head Football Coach |
36 Southern University Law Review 89 (Fall, 2008) |
I truly believe that African Americans may not have some of the necessities to effectively manage a team. Former Los Angeles Dodgers General Manager Al Campanis In the years since his infamous statement on national television about the abilities of African Americans in sports managerial positions, Al Campanis has been repeatedly proven wrong.... |
2008 |
| Charles Lewis Nier III |
The Shadow of Credit: the Historical Origins of Racial Predatory Lending and its Impact upon African American Wealth Accumulation |
11 University of Pennsylvania Journal of Law and Social Change 131 (2007-2008) |
Responding to a controversy regarding incendiary remarks that surfaced in the media from his former pastor, Reverend Jeremiah A. Wright Jr., United States Senator and Democratic presidential candidate Barack Obama came to the City of Philadelphia to deliver a major address on the issue of race in the United States. In a remarkable and... |
2008 |
| Gabriel J. Chin , Randy Wagner |
The Tyranny of the Minority: Jim Crow and the Counter-majoritarian Difficulty |
43 Harvard Civil Rights-Civil Liberties Law Review 65 (Winter, 2008) |
Modern constitutional law and scholarship rests on a conceptual mistake: thinking of African Americans as a minority. Scholars and courts routinely characterize African Americans as minorities who, in various ways in the past or present, were discriminated against by a hostile or indifferent majority. Typical is Justice Harlan's reassurance, in his... |
2008 |
| Bryan K. Fair |
The Ultimate Association: Same-sex Marriage and the Battle Against Jim Crow's Other Cousin |
63 University of Miami Law Review 269 (October, 2008) |
I. On Patterns and Limited Progress. 269 A. Jim Crow's Other Cousin. 270 B. Is Equality Still an Empty Idea?. 272 C. Does Wait Really Mean Never?. 274 II. The Constitutional Status of Same-Sex Marriage. 274 A. The Power To Define Who Can Marry. 276 1. congress. 276 2. same-sex-marriage proscriptions and the states. 277 III. The Fundamental... |
2008 |
| William B. Turner |
The Ultimate Victory of a Productive Life: Ben F. Johnson, Jr., and African Americans at Emory Law School, 1961-72 |
58 Journal of Legal Education 563 (December, 2008) |
Ben F. Johnson, Jr., served as Dean of Emory Law School from 1961 to 1972. This was a period of extraordinary growth in American higher education generally, and it was a period of substantial growth for Emory, both the University as a whole, and the Law School. Johnson was an impressively energetic figure who harbored high aspirations for Emory... |
2008 |
| Daria Roithmayr |
Them That Has, Gets |
27 Mississippi College Law Review 373 (2007-2008) |
In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... |
2008 |
| Anders Walker |
Things Cannot Go on as They Are: Contextualizing Herbert Wechsler's Critique of the School Segregation Cases |
52 Saint Louis University Law Journal 1211 (Summer 2008) |
This morning, constitutional scholar David Strauss asked us to reconsider Herbert Wechsler's 1959 critique of Brown v. Board of Education in Toward Neutral Principles of Constitutional Law. Read outside its historical context, Wechsler's charge that Brown failed to establish a neutral legal principle for invalidating segregation, and that... |
2008 |
| Enola G. Aird |
Toward a Renaissance for the African-american Family: Confronting the Lie of Black Inferiority |
58 Emory Law Journal L.J. 7 (Fall 2008) |
How do we extinguish--once and for all--the lie of black inferiority that continues to undermine the ability of black people to love themselves and to love each other? That, in my view, is the hardest question regarding law, religion, and the African-American family that will have to be faced over the next twenty-five years. Like all families in... |
2008 |
| Derek W. Black |
Turning Stones of Hope into Boulders of Resistance: the First and Last Task of Social Justice Curriculum, Scholarship, and Practice |
86 North Carolina Law Review 673 (March, 2008) |
The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors' approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social... |
2008 |
| Geneva Brown |
White Man's Justice, Black Man's Grief: Voting Disenfranchisement and the Failure of the Social Contract |
10 Berkeley Journal of African-American Law & Policy 287 (2008) |
Chester blinked at the harsh light in the courtroom and peered around curiously. He had been in and out of courtrooms all his life, but he never got over his fear of them. The black-robed men who sat up high on the benches dispensing their so-called justice filled him with awe. It was not a feeling of reverence or of wonder caused by something... |
2008 |
| Samuel Josephs |
Whose Revolution Is This? Gender's Divisive Role in the Black Panther Party |
9 Georgetown Journal of Gender and the Law 403 (2008) |
I. Calling All Men: Background and Context of Gender's Role Early On. 404 A. Early Recruitment. 408 B. Women Gain Interest. 410 C. Women Join the Party. 412 II. The Federal, State, and Local Attack on The Black Panther Party. 413 III. Gender's Divide. 416 A. The Visibility of Panther Women: Gender Discussed on the Front Pages. 416 B. Gender as an... |
2008 |
| Jacqueline Deane |
A Career in the "Kangaroo Court": Reflections of a Juvenile Defender on the Fortieth Anniversary of in re Gault |
60 Rutgers Law Review 225 (Fall 2007) |
My career as a juvenile defender has spanned the second half of Gault's forty years. During that time I have held a variety of positions within the juvenile justice field, and each of my roles has provided me with new insights and perspectives on the work of the juvenile defender and the juvenile justice system generally. In this Essay, I will... |
2007 |
| Andrene Smith |
A Different World: Financial Determinants of Well-being in New Orleans in Black and White |
14 Georgetown Journal on Poverty Law and Policy 179 (Winter, 2007) |
The dark ghettos are social, political, educational, and--above all-- economic colonies. Their inhabitants are subject peoples, victims of the greed, cruelty, insensitivity, guilt and fear of their masters. According to various news reports, Hurricane Katrina devastated the city of New Orleans. What these reports fail to uncover is that... |
2007 |
| Ernesto Longa |
A History of America's First Jim Crow Law School Library and Staff |
7 Connecticut Public Interest Law Journal 77 (Fall/Winter 2007) |
In 1996, Marvin Roger Anderson, State Law Librarian at the Minnesota State Law Library, proposed an ambitious research agenda to explore the history of African American Law Librarians. Anderson suggested researchers focus on the law libraries of the historically African American law schools, noting that, to date, only one history had been written.... |
2007 |
| Pamela Brandwein |
A Judicial Abandonment of Blacks? Rethinking the "State Action" Cases of the Waite Court |
41 Law and Society Review 343 (June, 2007) |
This article reconsiders the conventional wisdom that the Supreme Court definitively abandoned the freedmen to their former masters through the state action decisions of the 1870s and 1880s. Arguing that anachronisms distort our understanding of this critical period, I offer an historical institutional analysis of state action doctrine by... |
2007 |
| Zachary F. Bookman |
A Role for Courts in Reparations |
20 National Black Law Journal 75 (2006-2007) |
While plaintiffs may be justified in seeking redress for past and present injuries, it is not within the jurisdiction of this Court to grant the requested relief. The legislature, rather than the judiciary, is the appropriate forum for plaintiff's grievances. -Judge Pamela Rymer (9th Circuit) The term reparations' generally refers to payments (in... |
2007 |
| Eric K. Yamamoto , Sandra Hye Yun Kim , Abigail M. Holden |
American Reparations Theory and Practice at the Crossroads |
44 California Western Law Review Rev. 1 (Fall 2007) |
Slowed by controversial legal claims, skeptical judges, and flagging mainstream public support, American reparations theory and practice stand at a crossroads. The path they next traverse will likely determine the long-term viability of reparations claims, not only for African Americans, but also for anyone suffering the persistent wounds of... |
2007 |
| Rea J. Harrison |
Black and White Prom Nights: the Unconstitutionality of Racially Segregated High School Proms in the 21st Century |
10 Journal of Gender, Race and Justice 505 (Spring 2007) |
I like to stand up for what is right even if I am standing by myself. --Gercia McCrary, on integrating her high school prom in 2002. When reflecting on one's high school experience, one often recalls football games, significant friends and romances, and meaningful extracurricular activities, such as athletics or student government. People also... |
2007 |
| Kimberly Jade Norwood |
Blackthink's™ Acting White Stigma in Education and How it Fosters Academic Paralysis in Black Youth |
50 Howard Law Journal 711 (Spring 2007) |
Apparently I am an Oreo. . . . [A]n Oreo is not a cookie made by Nabisco but a person who is [B]lack on the outside and [W]hite on the inside. Now, I admit that I could switch places with any member of NSync, a late-'90s boy band, and perform a concert, and the fans wouldn't notice. But that doesn't make me an Oreo. . . . The words [B]lack and... |
2007 |
| Damon Moore |
Crossing Over: Structuring Foreign Investments That Advance African-american Entrepreneurial Interests in the International Marketplace |
32 Thurgood Marshall Law Review 191 (Spring, 2007) |
African-Americans have been deeply committed to the struggle for civil rights, social and political equality, and opportunity since Africans first arrived in America. Within this struggle, African-American entrepreneurs have endeavored to participate in the American marketplace. The struggle has been long and grueling, as the fight takes place... |
2007 |
| William J. Reese, University of Wisconsin-Madison |
Davison M. Douglas. Jim Crow Moves North: the Battle over Northern School Segregation, 1865-1954. New York: Cambridge University Press, 2005. X, 334 Pp. $70.00 (Cloth); $24.99 (Paper) |
49 American Journal of Legal History 343 (July, 2007) |
When he traveled in America in the 1830s, the French aristocrat Alexis de Tocqueville was struck by the racism that pervaded the northern states. Race prejudice, he wrote in Democracy in America, seems stronger in those states that have abolished slavery than in those where it still exists .. Whether at church, work, play, or school, the color... |
2007 |
| Marisa Bono |
Don't You Be My Neighbor: Restrictive Housing Ordinances as the New Jim Crow |
3 Modern American 29 (Summer-Fall, 2007) |
We can, of course, little more than hypothesize how our racial passions first began to overtake us, how humankind's obsession to embrace the similar and despise the different got stuck in our communal psyche .. Jerold M. Packard They're taking our jobs, our homes. There's unemployment partly because of the Hispanics. The lady who took my job is... |
2007 |
| Xiaofeng Stephanie Da |
Education and Labor Relations: Asian Americans and Blacks as Pawns in the Furtherance of White Hegemony |
13 Michigan Journal of Race and Law 309 (Fall 2007) |
Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding Whiteness as the filler in the middle as Whites manipulate the... |
2007 |
| Royce Brooks |
Electing One of Our Own: the Importance of Black Representatives for Black Communities in the Context of Local Government |
3 Modern American 33 (Spring, 2007) |
On New Year's Day 2005, the Tarrant County Commissioners' Courtroom was at standing-room only for perhaps the first time ever as hundreds of supporters gathered to watch Roy C. Brooks, the newly-elected Precinct 1 Commissioner, take the oath of office. The candidate's family had prime seats in the front two rows - not only his wife, son, and... |
2007 |
| Danielle N. Boaz |
Equality Does Not Mean Conformity: Reevaluating the Use of Segregated Schools to Create a Culturally Appropriate Education for African American Children |
7 Connecticut Public Interest Law Journal 1 (Fall/Winter 2007) |
Envision the education of an African American child. From a very early age, she learns that her ancestors were stolen from their homes and brought to America in chains. She is told that their clothes, their names, and their faiths were taken from them because they were barbarians, and that the white people wished to rid them of their primitive... |
2007 |
| Anthony V. Alfieri |
Faith in Community: Representing "Colored Town" |
95 California Law Review 1829 (October, 2007) |
What about this isn't a community? Community lawyering is all about faith, faith in others and faith outside the law. For progressive lawyers working in the fields of civil rights and poverty law, faith is expressed in the professional norms of legal-political activism. Ours is the positivist faith of the lawyer-engineer laboring inside the... |
2007 |
| Gabriel J. Chin |
Felon Disenfranchisement and Democracy in the Late Jim Crow Era |
5 Ohio State Journal of Criminal Law 329 (Fall, 2007) |
Jeff Manza & Christopher Uggen, Locked Out: Felon Disenfranchisement and American Democracy (Oxford University Press 2006) When the history of American felon disenfranchisement is written, this book and its authors will figure prominently. In 1998, Marc Mauer of The Sentencing Project put the issue on the national agenda by publishing a careful... |
2007 |
| Akilah N. Folami |
From Habermas to "Get Rich or Die Tryin": Hip Hop, the Telecommunications Act of 1996, and the Black Public Sphere |
12 Michigan Journal of Race and Law 235 (Spring 2007) |
This Article explores the manner in which gangsta rappers, who are primarily young urban Black men, navigate the mass media and rap's commercialization of the gangsta image to continue to provide seeds of political expression and resistance to that image. While other scholars have considered the political nature of rap in the context of the First... |
2007 |
| Bernadette Atuahene |
From Reparation to Restoration: Moving Beyond Restoring Property Rights to Restoring Political and Economic Visibility |
60 SMU Law Review 1419 (Fall 2007) |
I. INTRODUCTION. 1420 II. INVISIBILITY. 1425 A. Property Confiscation Can Remove Individuals and Communities from the Social Contract and Render Them Invisible. 1425 B. Widespread Property Induced Invisibility Can Lead to Increased Enforcement Costs and Political and Economic Instability. 1440 III. RESTORATION. 1444 A. The Importance and Limits of... |
2007 |
| Robert M. Jarvis |
Gilmore & Black at 50 |
38 Journal of Maritime Law and Commerce 135 (April, 2007) |
This year marks the 50th anniversary of the publication of The Law of Admiralty, the much-celebrated hornbook penned by Grant Gilmore and Charles L. Black, Jr. When it debuted in 1957, it was the subject of 16 flattering reviews written by such maritime luminaries as Raoul P. Colinvaux, Brainerd Currie, Nicholas J. Healy, Lawrence Jarett, and... |
2007 |
| Gabriel Reyes |
Henry J. Richardson's the Origins of African-american Interest in International Law |
20 National Black Law Journal 191 (2007) |
Some years ago, Temple University Professor of Law Henry J. Richardson sat down to write a comprehensive African-American history that would span from the year 1619 to the present. He intended to focus on questions arising from the 1884 Congress of Berlin, where European powers formally carved their spheres of influence on the African continent.... |
2007 |
| Herbert C. Brown, Jr. |
History Doesn't Repeat Itself, but it Does Rhyme-same-sex Marriage: Is the African- American Community the Oppressor this Time? |
34 Southern University Law Review 169 (Summer, 2007) |
Whether or not same-sex couples should be granted the same marriage rights as heterosexual couples is quickly raising many social and legal problems in today's society, especially in the African-American community, where many people oppose same-sex marriages. This debate over marriage rights of citizens of the United States is not an issue of first... |
2007 |
| Rob Wilcox |
Housing in Post-katrina New Orleans: Legal Rights and Recourses for Displaced African-american Residents |
2 Northwestern Journal of Law & Social Policy 105 (Summer, 2007) |
Hurricane Katrina dramatically changed the lives of more than one million Americans, evoking passion and tension around the nation. Katrina's devastating impact has left hundreds of thousands of Americans without adequate shelter and without a guaranteed prospect for shelter. Rebuilding New Orleans will take years, and a pressing question is for... |
2007 |
| John Kimble |
Insuring Inequality: the Role of the Federal Housing Administration in the Urban Ghettoization of African Americans |
32 Law and Social Inquiry 399 (Spring, 2007) |
A reexamination of Federal Housing Administration (FHA) documents reveals that the agency played a more direct role in the ghettoization of African Americans than previous scholarship has established. The FHA went far beyond merely approving of racial discrimination, and exploring the extent to which it did so is crucial to understanding the... |
2007 |
| David A. Singleton |
Interest Convergence and the Education of African-american Boys in Cincinnati: Motivating Suburban Whites to Embrace Interdistrict Education Reform |
34 Northern Kentucky Law Review 663 (2007) |
Education is essential to preparing our youth to be productive members of our society, with the skills and knowledge necessary to compete in the modern world. -DeRolph v. State The Ohio Constitution guarantees a thorough and efficient system of common schools -a quality education-to Ohio's school children. For most black boys attending Cincinnati... |
2007 |
| Katherine Y. Barnes |
Is Affirmative Action Responsible for the Achievement Gap Between Black and White Law Students? |
101 Northwestern University Law Review 1759 (Fall 2007) |
I. Testing the Theories. 1766 II. Simulating Alternative Affirmative Action Policies. 1790 A. Simulation Description. 1793 B. Simulation Results. 1796 III. Toward an Adequate Model. 1801 A. School Attended. 1801 B. Student Credentials. 1802 C. State-Specific Bar Passage Results. 1805 D. Individual Law School Culture. 1806 IV. Conclusion. 1806 |
2007 |
| Lauren Arms |
It's Not All Black and White: Race-based Admissions Purport to Achieve a Critical Mass of Diversity, but in Reality Merely Mask a Pre-determined Quota of the Ideal Integrated Society |
49 South Texas Law Review 205 (Fall 2007) |
I. Introduction. 206 II. Background of Affirmative Action and Strict Scrutiny Examination. 208 A. Interpretations of the Equal Protection Clause. 208 B. Strict Scrutiny: Emergence of the Test Triggered by Race-Based Discrimination. 209 1. Race-Based Discrimination in the Classroom: Bakke. 210 2. The University of Texas Fails Strict Scrutiny in... |
2007 |
| L. Darnell Weeden |
Johnnie Cochran Challenged America's New Age Officially Unintentional Black Code; a Constitutionally Permissible Racial Profiling Policy |
33 Thurgood Marshall Law Review 135 (Fall, 2007) |
The topic to be addressed is racial profiling in America and Johnnie Cochran's efforts to make more Americans aware that race profiling exists and the practice is wrong. Johnnie Cochran's recent involvement with the issue of racial profiling has highlighted the fact that in America many local law enforcement officers still equate driving while... |
2007 |
| Tara Kolar Ramchandani |
Judicial Recognition of the Harms of Slavery: Consumer Fraud as an Alternative to Reparations Litigation |
42 Harvard Civil Rights-Civil Liberties Law Review 541 (Summer, 2007) |
Beginning as early as 1915, African Americans have attempted to gain redress for the evils of slavery through the judicial system and consistently have met defeat. These cases have been dismissed for a variety of procedural and jurisdictional reasons, including statutes of limitations, the political question doctrine, sovereign immunity, and lack... |
2007 |
| William P. Quigley |
Katrina Voting Wrongs: Aftermath of Hurricane and Weak Enforcement Dilute African American Voting Rights in New Orleans |
14 Washington and Lee Journal of Civil Rights and Social Justice 49 (Fall, 2007) |
Other than the Oakies leaving the Dust Bowl, I can't think of any other time in American history where this many people have just up and moved. We're all starting to wonder what the long-term political consequences will be in terms of demographics and voting trends. Katrina disproportionately damaged the African American community in New Orleans.... |
2007 |
| Imani Perry |
Let Me Holler at You: African-american Culture, Postmodern Feminism, and Revisiting the Law of Sexual Harassment |
8 Georgetown Journal of Gender and the Law 111 (2007) |
Third Wave (or postmodern) Feminism has changed priorities in the feminist movement. It has called for a shift in demographic orientation to more centrally consider the experiences of poor women, lesbian women, and women of color. It has also challenged accepted norms in second wave feminist thought about sexuality, with third wavers critiquing... |
2007 |
| John C. Kuzenski |
Making Room at the Table: the Public Policy Dangers of Over-reliance on Black-letter Contract Terms in State Common Interest Community Law |
7 Appalachian Journal of Law 35 (Winter 2007) |
With the rapid and ongoing suburbanization of the United States marking American urban politics since the end of World War II, this country witnessed a variety of new and intriguing legal developments, which have become hallmarks of the late twentieth century suburban age. Among these hallmarks, one of the more interesting and critical... |
2007 |
| Tom I. Romero, II, J.D., Ph.D. |
Maldef and the Legal Investment in a Multi-colored America |
18 Berkeley La Raza Law Journal 135 (2007) |
Nearly twenty years after Brown v. Board of Education declared separate classrooms were inherently unequal, the Supreme Court in Keyes v. [Denver] School District No. One made its first definitive statement about the role of Mexican American students in school desegregation litigation. Of fundamental importance was the Court's recognition that... |
2007 |
| Angelique M. Davis |
Multiracialism and Reparations: the Intersection of the Multiracial Category and Reparations Movements |
29 Thomas Jefferson Law Review 161 (Spring 2007) |
Current reparations discourse raises not only the age old question of who is black? but also the political and legal complexities of making this determination in light of the recent Multiracial Category Movement (MCM). This movement seeks to create a separate multiracial classification on all private and public data collection forms. This essay... |
2007 |