AuthorTitleCitationSummaryYear
Benjamin Hensler Não Vale a Pena? (Not Worth the Trouble?) Afro-brazilian Workers and Brazilian Anti-discrimination Law 30 Hastings International and Comparative Law Review 267 (Spring 2007) In September 2005, Brazilian public prosecutors filed a series of lawsuits that would have been nearly unimaginable in the country even a few years before. The suits, brought in Brasilia as civil complaints in the federal labor courts, charged five of the country's leading banks with violating the Brazilian constitution by discriminating against... 2007
Lisa J. Laplante On the Indivisibility of Rights: Truth Commissions, Reparations, and the Right to Development 10 Yale Human Rights and Development Law Journal 141 (2007) While academics debate the ranking of rights, information from the field demonstrates their indivisibility. This Article explores how truth commissions provide rich documentation of the interrelation between violations of Civil and Political Rights (CPR) and Economic, Social and Cultural Rights (ESCR), using Peru's Truth and Reconciliation... 2007
David C. Koelsch Panic in Detroit: the Impact of Immigration Reforms on Urban African Americans 5 Georgetown Journal of Law and Public Policy 447 (Summer, 2007) Premise: Proposals to reform the current immigration system to legalize undocumented immigrants will impact poor, urban African Americans to a greater degree than the majority of the United States population. Detroit, as the largest African American-majority city in the United States, is a microcosm of the nationwide effects of a broad legalization... 2007
Jenée Desmond-Harris Public Interest Drift Revisited: Tracing the Sources of Social Change Commitment among Black Harvard Law Students 4 Hastings Race and Poverty Law Journal 335 (Spring 2007) Each year, the Black Law Students Association (BLSA) at Harvard Law School (HLS) hosts a 3L-send off. It is an end-of-the-year dinner and awards ceremony, infused with the giddy excitement that feels the same to twenty-somethings in their final weeks of law school as it did when they were studious fifth graders gearing up for summers full of... 2007
Catherine Smith Queer as Black Folk? 2007 Wisconsin Law Review 379 (2007) I. Introduction. 380 II. Forty Years of Loving. 385 III. The Pitfalls of LGBT Sameness Arguments. 386 A. The Same-As Mantra Triggers Counterarguments of Difference. 387 B. The Same-as Mantra Negates the Racism of White LGBT People as Members of the White Majority. 389 C. The Same-as Mantra Denies Homophobia in Straight Blacks as Members of the... 2007
Maxine Burkett Reconciliation and Nonrepetition: a New Paradigm for African-american Reparations 86 Oregon Law Review 99 (2007) The contemporary paradigm for African-American reparations fundamentally fails to address what should be its most vital component. Of the three essential elements of a successful reparations campaign--apology, award, and nonrepetition through reconciliation--the most vital is nonrepetition. In past successful reparations campaigns, the offending... 2007
LeRoy Pernell Reflecting on the Dream of the Marathon Man: Black Dean Longevity and its Impact on Opportunity and Diversity 38 University of Toledo Law Review 571 (Winter 2007) NEWSFLASH: THIRD BLACK LAW DEAN RESIGNS WITHIN YEAR'S TIME Damn, I said to myself. It's hard at the top, hard in the middle, and sure enough hard at the bottom. We need a legal defense fund. ************** I am running as fast I can, fearing for my life and uncertain whether the cacophony of footsteps behind me is an army of assailants or just... 2007
SpearIt Reimagining Revolution: a Critical Review of Simon Schama's Rough Crossings: Britain, the Slaves, and the American Revolution 9 Berkeley Journal of African-American Law & Policy 74 (2007) In Rough Crossings: Britain, the Slaves, and the American Revolution, Simon Schama does what few accounts of the Revolutionary War do, namely, examine the war through the eyes of slaves. Schama is an esteemed history professor at Columbia University who has been hailed for his literary and scholarly achievements. Host of the BBC television series... 2007
Theodore Kornweibel, Jr. Reparations and Railroads 29 Thomas Jefferson Law Review 219 (Spring 2007) The consolidated civil cases seeking reparations on behalf of African-American descendants of slaves were thrown out of the United States District Court in Chicago in July, 2005. These cases were the result of reparations crusader Deadria Farmer-Paellmann's determination to seek restitution from corporate America after it had become manifestly... 2007
Adrienne Davis Reparations and the Slave Trade 101 American Society of International Law Proceedings 285 (March 28-31, 2007) Professor Davis began her remarks by noting that the reparations debate challenges us to develop a consensus on what the U.S. experience with slavery was--what was the nature of the injury and moral wrong, and the relationship that has with our contemporary political and economic order. Instead of debating the moral and historical specificity of... 2007
  Reparations in the Inter-american System: a Comparative Approach 56 American University Law Review 1375 (August, 2007) I. Introduction: Dean Claudio Grossman. 1376 II. Reparations: A Comparative Perspective. 1377 A. Fernanda Nicola. 1377 B. Francisco Quintana. 1382 C. Diego Rodríguez-Pinzón. 1390 D. Dinah Shelton. 1396 E. Darren Hutchinson. 1402 III. Lawyering for Reparations: Inter-American Perspective. 1406 A. Agustina Del Campo. 1406 B. Carlos Ayala. 1413 C.... 2007
Kaimipono David Wenger Reparations Within the Rule of Law 29 Thomas Jefferson Law Review 231 (Spring 2007) The debate over monetary reparations for slavery raises a number of questions. One important question is how reparations relate to the Rule of Law. There are two ways in which the Rule of Law impacts the reparations debate. First, reparations might be required under the Rule of Law. Second, they might be counter to the Rule of Law. Either... 2007
Jack Greenberg Reparations: Politically Inconceivable 29 Thomas Jefferson Law Review 157 (Spring 2007) Compensation sought or paid for wrongs inflicted on large numbers of members of racial, religious, ethnic, or national groups is often called reparations. Usually, it has been paid, or sought, from entities that did the harm or that in some sense are the representatives of the harm doer. Sometimes the wrongdoer might be a corporation or perhaps an... 2007
Congressman John Conyers, Jr. Reparations: the Legislative Agenda 29 Thomas Jefferson Law Review 151 (Spring 2007) Thank you so much to Richard Winchester of the famous law family, and Sue Winchester, his sister who happens to also be here. Ladies and gentlemen, members of the panel, I am happy to be with you today to discuss a subject that began when I introduced H.R. 40 in 1989. It is funny how these things start; I had a constituent, Ray Jenkins, who... 2007
Jorge Calderón Gamboa Seeking Integral Reparations for the Murders and Disappearances of Women in Ciudad Juárez: a Gender and Cultural Perspective 14 No. 2 Human Rights Brief 31 (Winter, 2007) Since 1993, more than 4,000 women have disappeared from Ciudad Juárez, Mexico, while nearly 400 have been confirmed murdered, the victims of femicide. Diversity in motivation and perpetrator notwithstanding, widespread gender bias and discrimination characterizes the manner by which these crimes are investigated, prosecuted, and (rarely) prevented.... 2007
Linda M. Keller Seeking Justice at the International Criminal Court: Victims' Reparations 29 Thomas Jefferson Law Review 189 (Spring 2007) The International Criminal Court (ICC) represents a major achievement in international criminal justice, particularly with regard to victims. Victims of international crimes are, for the first time, recognized as having rights as participants in the process and as recipients of reparations. According to the ICC, reparations are aimed at... 2007
Jon Velie Should the United States Be Fighting for Jim Crow's Survival by its Complicity in Denying Voting Rights to the Cherokee Freedmen? 54-FEB Federal Lawyer 43 (February, 2007) When an Indian tribe decides to deny its citizens voting rights that have been guaranteed by a treaty with the United States and are protected by the U.S. Constitution, can tribal sovereignty allow Indian nations to extinguish voting rights and the citizenship of its citizens where the basis for their exclusion is race? Imagine today if... 2007
Kevin R. Johnson Taking the "Garbage" out in Tulia, Texas: the Taboo on Black-white Romance and Racial Profiling in the "War on Drugs" 2007 Wisconsin Law Review 283 (2007) I. Introduction. 284 II. The Tulia Sting, or Round Up the Usual Suspects . 286 A. The Sting. 288 B. Vindication of the Accused. 291 III. The Continuing Evil of Race-Mixing: Tulia as a Case Study. 294 A. The Legal and Social Prohibition of Black-White Relationships. 295 1. The Persistence of Social Separation. 297 2. The Lingering Stigma of... 2007
Angela Onwuachi-Willig The Admission of Legacy Blacks 60 Vanderbilt Law Review 1141 (May, 2007) Introduction. 1142 I. Race, Culture, Class, and a Model Black Minority?. 1160 A. Understanding the Meaning of Social Justice in Affirmative Action. 1161 B. The Model Black Minority?. 1165 II. Unpacking the Myths of the Model Black Minority. 1180 A. Enhancing Diversity. 1181 B. Reaching Social Justice. 1185 C. Models of Affirmative Action. 1204 III.... 2007
Vaughn E. James The African-american Church, Political Activity, and Tax Exemption 37 Seton Hall Law Review 371 (2007) Ever since its inception during slavery, the African-American Church has served as an advocate for the socio-economic improvement of this nation's African-Americans. Accordingly, for many years, the Church has been politically active, serving as the nurturing ground for several African-American politicians. Indeed, many of the country's early... 2007
R. Richard Banks The Aftermath of Loving V. Virginia: Sex Asymmetry in African American Intermarriage 2007 Wisconsin Law Review 533 (2007) I. Introduction. 533 II. Changing Patterns of African-American Intermarriage. 534 A. Development of the Sex Asymmetry. 534 B. Conventional Explanations. 536 1. The Loving Decision. 536 2. Historically Rooted Images and Stereotypes. 536 3. Increased Opportunity and Integration. 537 III. The Civil Rights Era. 539 A. The Black Family and Inequality.... 2007
Jeffrey R. Lindequist The Black Lung Benefits Act--sixteen Tons, What Do You Get?: How Do You Determine a Miner Has Had a Material Change in Condition to Allow a Subsequent Claim for Benefits? 29 Western New England Law Review 497 (2007) In 1969 the United States Congress passed the Black Lung Benefits Act (BLBA) in order to compensate miners who have been disabled by the lung disease pneumoconiosis (more commonly known as black lung), and their spouses and dependent children. A miner can apply for and receive benefits under the BLBA if the miner satisfies the four elements of... 2007
Monica C. Bell The Braiding Cases, Cultural Deference, and the Inadequate Protection of Black Women Consumers 19 Yale Journal of Law & Feminism 125 (2007) Introduction. 126 I. The Significance of Black Women's Hair. 128 A. Cultural Significance. 129 B. Political Significance. 130 C. Legal Significance. 132 D. Significance to Entrepreneurship. 133 II. Understanding the Modern Braiding Industry. 134 A. The Increasing Professionalism of Braiding and its Costs. 135 B. Modern-Day Abolitionists?: Braiders'... 2007
Jay Tidmarsh , Stephen Robinson The Dean of Chicago's Black Lawyers: Earl Dickerson and Civil Rights Lawyering in the Years Before Brown 93 Virginia Law Review 1355 (September, 2007) BROWN v. Board of Education is a watershed in American law and society. In the years since it was decided, Brown has shaped America's views of race, constitutionalism, and equality. Brown exerts an equally important influence over the historiography of civil rights lawyering in the decades before Brown. In particular, in constructing the story of... 2007
Dr. Bessie House-Soremekun The Impact of Minority Set-aside Programs on Black Business Success in Cleveland, Ohio: Implications for Public Policy 30 Western New England Law Review 19 (2007) Over the past few decades, African American entrepreneurship has become an increasingly important focus for scholars, politicians, public policy analysts, and economic development practitioners, in terms of developing concrete strategies to assist entrepreneurs to achieve economic success. This increasing interest in minority entrepreneurship has... 2007
Lisa J. Laplante The Law of Remedies and the Clean Hands Doctrine: Exclusionary Reparation Policies in Peru's Political Transition 23 American University International Law Review 51 (2007) INTRODUCTION. 52 I. THE INTERNATIONAL RIGHT TO REPARATIONS. 54 A. Reparations as Part of the Transitional Justice Paradigm. 57 B. The Clean Hands Doctrine and the Principle of Non-Discrimination: Determining Who is a Victim. 59 C. The Inapplicability of the Clean Hands Doctrine in International Human Rights Law. 64 II. THE PERUVIAN NATIONAL... 2007
Floyd D. Weatherspoon The Mass Incarceration of African-american Males: a Return to Institutionalized Slavery, Oppression, and Disenfranchisement of Constitutional Rights 13 Texas Wesleyan Law Review 599 (Symposium 2007) I. Introduction. 599 II. The Return of African-American Males to Institutionalized De Facto Slavery. 602 A. The Reactivation of the Black Codes Through State and Federal Statutes. 602 B. Mass Incarceration of African-American Males in the United States Penal System. 604 1. Federal Prison Population of African-American Males. 606 2. State... 2007
Monica Bell The Obligation Thesis: Understanding the Persistent "Black Voice" in Modern Legal Scholarship 68 University of Pittsburgh Law Review 643 (Spring, 2007) This Article revisits the debate over minority voice scholarship, particularly African-American scholarship, that raged in the late 1980s and early 1990s with the advent of critical race theory (CRT). Many critical race theorists elevated the voices of minority scholars, arguing that scholarship in the minority voice should be accorded greater... 2007
Roger M. Groves Time to Step Up: Modeling the African American Ethnivestor for Self-help Entrepreneurship in Urban America 13 Michigan Journal of Race and Law 99 (Fall 2007) When the United States Congress passed legislation in late 2000 to revitalize the urban core with incentives for equity investors, African Americans were inconspicuously absent as stakeholders in the enterprise. Subsidies in the form of tax credits were instead gobbled up by investor groups who developed upscale hotel-convention centers, high... 2007
Lolita Buckner Inniss Toward a Sui Generis View of Black Rights in Canada? Overcoming the Difference-denial Model of Countering Anti-black Racism 9 Berkeley Journal of African-American Law & Policy 32 (2007) Canada is often viewed as a bastion of racial tolerance. Its anti-racism, enshrined even at the constitutional level, is part of the ethos of the Canadian people. Long celebrated as a haven for racial minorities of all kinds, Canada is often held up as a model multicultural society. For some, Canadian multiculturalism is, in its best form, almost... 2007
Matthew S. Melamed Towards an Explicit Balancing Inquiry? R.a.v. and Black Through the Lens of Foreign Freedom of Expression Jurisprudence 59 Hastings Law Journal 407 (December, 2007) This Note addresses the emergent balancing inquiry currently providing implicit structure to recent United States Supreme Court decisions on the constitutionality of cross-burning bans, as exemplified in R.A.V. v. City of St. Paul and Virginia v. Black. In many ways, cross burning defines one boundary of First Amendment protection. The line between... 2007
Adjoa Artis Aiyetoro Truth Matters: a Call for the American Bar Association to Acknowledge its past and Make Reparations to African Descendants 18 George Mason University Civil Rights Law Journal 51 (Fall 2007) Look truth straight in the eye and consider remembering as a moral obligation. As the leading national bar association in the United States since its founding in 1878, the American Bar Association (ABA) played a critically important role in the exclusion of African descendant attorneys from the legal profession. Membership in the ABA opened and... 2007
S. David Mitchell Undermining Individual and Collective Citizenship: the Impact of Exclusion Laws on the African-american Community 34 Fordham Urban Law Journal 833 (April, 2007) I. Introduction. 834 II. Conceptualizing Citizenship. 838 A. The Process of Citizenship. 839 B. The Practice of Citizenship. 840 C. The Parts of Citizenship. 843 III. Impact of Felon Exclusion Laws. 845 A. The Exclusion Laws. 846 i. Denying the Vote. 846 ii. Barred from Serving in a Representative Capacity. 848 iii. Striking Potential Jurors. 849... 2007
Janai S. Nelson White Challengers, Black Majorities: Reconciling Competition in Majority-minority Districts with the Promise of the Voting Rights Act 95 Georgetown Law Journal 1287 (April, 2007) C1-3Table of Contents L1-2Introduction . L31287 I. What the Voting Rights Act Promises Black Majorities. 1291 a. section 2 as enabling legislation for majority-minority districts. 1292 b. majority-minority districts as a tool to make good on the voting rights act's promise. 1294 c. the legal constraints of majority-minority districts. 1296 II.... 2007
Gilbert Bradshaw Who's Black, Who's Brown, and Who Cares?: a Legal Discussion of Hernandez V. Texas 2007 Brigham Young University Education and Law Journal 351 (2007) The right to be tried by a jury of one's peers is considered fundamental in America. However, the classifications of individuals that compose a jury of one's peers, or even the pool from which such a jury is selected, have not always been as clearly defined. On June 18, 1952, the Texas Court of Criminal Appeals rejected the appeal of Pete... 2007
Keneisha M. Green Who's Who: Exploring the Discrepancy Between the Methods of Defining African Americans and Native Americans 31 American Indian Law Review 93 (2006-2007) [T]he power of a drop of Negro Blood is to contaminate. In contrast, the power of a drop of Indian Blood - if no more than a drop - is to enhance, ennoble, naturalize, and legitimate. Our society is one of classifications and separations. When it comes to people, the dominant culture has struggled to make sure everyone fits into a specific... 2007
Steven R. Morrison Will to Power, Will to Reality, and Racial Profiling: How the White Male Dominant Power Structure Creates Itself as Law Abiding Citizen Through the Creation of Black as Criminal 2 Northwestern Journal of Law & Social Policy 63 (Summer, 2007) Postmodern investigations of racism in American law follow in the tradition of tragic detective films noir: pursuing the culprit through a maze of smoke and mirrors in which the detective is never sure of his precise location, his destination, his suspect, or his suspect's culpability, he finally resolves the case and catches his man. His doubts... 2007
Tanya Katerí Hernández A Critical Race Feminism Empirical Research Project: Sexual Harassment & the Internal Complaints Black Box 39 U.C. Davis Law Review 1235 (March, 2006) C1-3Table of Contents L1-2Introduction . L31237 I. An Introduction to the Racial Disparity of Sexual Harassment. 1239 II. The CRF Sexual Harassment Survey Research Project. 1246 A. The Survey Design and Methods. 1248 B. General Trends in the Study Results. 1254 III. Key Survey Finding for the Development of Sexual Harassment Jurisprudence: The Role... 2006
Frank Rudy Cooper Against Bipolar Black Masculinity: Intersectionality, Assimilation, Identity Performance, and Hierarchy 39 U.C. Davis Law Review 853 (March, 2006) I contend that popular representations of heterosexual black men are bipolar. Those images alternate between a Bad Black Man who is crime-prone and hypersexual and a Good Black Man who distances himself from blackness and associates with white norms. The threat of the Bad Black Man label provides heterosexual black men with an assimilationist... 2006
Carlton Waterhouse Avoiding Another Step in a Series of Unfortunate Legal Events: a Consideration of Black Life under American Law from 1619 to 1972 and a Challenge to Prevailing Notions of Legally Based Reparations 26 Boston College Third World Law Journal 207 (Spring, 2006) Abstract: The growing body of literature on reparations consists primarily of articles showing that black reparations are consistent with various legal theories, promote racial justice, or further broader societal goals like eliminating poverty and promoting education. This article takes the distinct position of challenging reparations supporters... 2006
Daniel A. Farber Backward-looking Laws and Equal Protection: the Case of Black Reparations 74 Fordham Law Review 2271 (March, 2006) This Article explores two seemingly unrelated topics, proposals for black reparations and the unitary approach to the Equal Protection clause championed by Justice John Paul Stevens. As it turns out, the two have surprisingly deep connections. The unitary approach, as exemplified by Justice Stevens's equal protection jurisprudence, provides a... 2006
David Hall Black Children and the American Dilemma: the Invisible Tears of Invisible Children 26 Boston College Third World Law Journal 9 (Winter, 2006) Abstract: This article invokes the theme of invisibility as a metaphorical way of demonstrating the conditions of Black children in America. The theme of invisibility is examined during the period of slavery, and in the context of various social issues and movements such as school desegregation, the civil rights movement and transracial adoption.... 2006
Mario L. Barnes Black Women's Stories and the Criminal Law: Restating the Power of Narrative 39 U.C. Davis Law Review 941 (March, 2006) C1-3Table of Contents L1-2Introduction . L3943 I. Revisiting the Power of Narrative. 951 II. Criminal Law and the Continuing Cost of Unforgiveable Blackness (Womanhood and Poverty?). 958 A. Millie Simpson's Data. 962 B. My Grandmother's Story. 963 III. Doctrinal Narratives and Identity Construction. 966 A. My Grandmother's Hypervisibility.... 2006
William A. Wick Book Review: Men in Black 73 Defense Counsel Journal 82 (January, 2006) MARK Levin's bestselling book, entitled Men in Black: How the Supreme Court Is Destroying America, is a forceful indictment of what Levin identifies as an increasingly activist court for amending our national Constitution in the guise of construing it. His book details the history of the current nine black-robed jurists on the U.S. Supreme Court... 2006
Kaimipono David Wenger Causation and Attenuation in the Slavery Reparations Debate 40 University of San Francisco Law Review 279 (Winter 2006) THE MOVEMENT FOR SLAVERY reparations is struggling. Scholars continue to write about reparations, but they seem increasingly to make up the majority of the bandwagon. The media is sometimes ambivalent and occasionally hostile. The lukewarm media reception mirrors societal feelings in general. Proposed legislation has failed to advance in Congress.... 2006
Aviam Soifer Charles L. Black, Jr.: Commitment, Connection, and the Ceaseless Quest for Justice 7 Asian-Pacific Law and Policy Journal 7 (Winter, 2006) I. Prologue. 7 II. Law Emphatically a Human Construct. 9 III. A Young White Southerner Encounters Genius in Louis Armstrong. 9 IV. Legal Education in the 1950s. 12 V. Racism and Justice as the Business of Law. 14 VI. Celebrating Active Judicial Review. 15 VII. Reasoning From Commitment. 17 VIII. State Action, Federalism, and Constitutive... 2006
Andrew Woolford, Stefan Wolejszo Collecting on Moral Debts: Reparations for the Holocaust and Por̆ajmos 40 Law and Society Review 871 (December, 2006) In the early 1980s, Sebba (1980) explored the victimological and criminological dimensions of German Holocaust reparations, utilizing a broad definition of victimization similar to Mendelsohn's (1976) earlier framing of this notion, which included victims of genocide and mass violence. Since this time, scant attention has been paid to the... 2006
Zanita E. Fenton Colorblind must Not Mean Blind to the Realities Facing Black Children 26 Boston College Third World Law Journal 81 (Winter, 2006) Abstract: This discussion identifies the statistical realities resulting from institutionalized racism and foregrounding the challenges to ensuring the welfare of Black children. It then identifies specific instances where policy and law makers should reconsider rules and objectives, while keeping in mind the ultimate effects imposed on children... 2006
Ngai Pindell Community Economic Development under Protest 32 William Mitchell Law Review 1719 (2006) Operation Life . . . survived, even thrived, during the Nixon, Ford, and Carter administrations, eight years of Ronald Reagan, and almost the entire presidency of George H.W. Bush. For twenty years, often without salaries, the women kept the office going, wrote grant proposals, met with politicians, and countered the charges of fraud and nepotism... 2006
Lenese C. Herbert Et in Arcadia Ego: a Perspective on Black Prosecutors' Loyalty Within the American Criminal Justice System 49 Howard Law Journal 495 (Winter 2006) Multiply that moment of self-conviction when an actor, made-up and costumed, nods to his mirror before stepping on stage in the belief that he is a reality entering an illusion and you would have what I presumed was happening to the actors of this epic. But they were not actors. They had been chosen; or they themselves had chosen their roles in... 2006
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