AuthorTitleCitationSummaryYear
Christina White Federally Mandated Destruction of the Black Family: the Adoption and Safe Families Act 1 Northwestern Journal of Law & Social Policy 303 (Summer, 2006) When it comes to matters of the home, the constitutional provisions of the Fourteenth Amendment give substantial deference to the independence of the familial unit to make its own decisions. There are instances, however, where the government deems it necessary to intrude upon the independence of the familial unit. This intrusion is especially... 2006
Eric L. Muller Fixing a Hole: How the Criminal Law Can Bolster Reparations Theory 47 Boston College Law Review 659 (July, 2006) Abstract: High-profile popular-press authors recently have challenged the mainstream consensus that certain historical events should be condemned as injustices. These authors argue that such condemnation unfairly imposes modern standards on historical actors. Until now, the redress movement has largely ignored these partisan revisionists who have... 2006
Cassandra C. SkinnerLopata From "The Victim's Situation": a Hypothetical Opinion by a "Reasonable Woman" 8 Journal of Law & Social Challenges 111 (Fall 2006) [Author's Note: On November 12, 2004, the Oregon Supreme Court dismissed Bryant v. Walker, 337 Or 34, 78 P3d 148 (2004), as improvidently allowed after oral arguments were heard on November 4, 2004. Having done many hours of research on Bryant helping Professor Caroline Forell and attorney Ann Kneeland prepare their amici curiae briefs and moot... 2006
Jonathan M. Gutoff Fugitive Slaves and Ship-jumping Sailors: the Enforcement and Survival of Coerced Labor 9 University of Pennsylvania Journal of Labor and Employment Law 87 (Fall 2006) In 1840, a future abolitionist and leader of the Boston bar named Richard Henry Dana recorded the flogging he witnessed during a two-year absence from his studies at Harvard, and lamented: A man--a human being, made in God's likeness--fastened up and flogged like a beast! Dana noted that one of the victim's fellow laborers who protested the... 2006
Danielle Pelfrey Duryea Gendering the Gentrification of Public Housing: Hope Vi's Disparate Impact on Lowest-income African American Women 13 Georgetown Journal on Poverty Law and Policy 567 (Fall, 2006) HOPE VI must have seemed so promising. When, in 1992, the Department of Housing and Urban Development (HUD) introduced the program later dubbed HOPE VI, replacing the country's worst public housing projects with mixed-income, mixed-use, low-density new developments while providing targeted social services to low-income residents must have seemed... 2006
Nina Petraro Harmful Speech and True Threats: Virginia V. Black and the First Amendment in an Age of Terrorism 20 Saint John's Journal of Legal Commentary 531 (Spring 2006) Free speech is a phrase often utilized in many political, academic, business and social forums, and carries with it tremendous patriotic meaning. Even the average American, however, knows that its parameters are not unlimited. What is and should be included under the First Amendment's realm of protection? How should various non-verbal conduct and... 2006
Dr. Roy Freedle How and Why Standardized Tests Systematically Underestimate African-americans' True Verbal Ability and What to Do about It: Towards the Promotion of Two New Theories with Practical Applications 80 Saint John's Law Review 183 (Winter 2006) In this Article, I want to raise a number of issues, both theoretical and practical, concerning the need for a total reassessment of especially the verbal intelligence of minority individuals. The issues to be raised amount to a critical reappraisal of standardized multiple-choice tests of verbal intelligence, such as the Law School Admissions Test... 2006
Sean B. Seymore I'm Confused: How Can the Federal Government Promote Diversity in Higher Education Yet Continue to Strengthen Historically Black Colleges? 12 Washington and Lee Journal of Civil Rights and Social Justice 287 (Spring, 2006) Education remains the key to success in America, and often is the most important public priority. Although the Supreme Court does not consider education a fundamental right, the Court recognizes the importance of equal access to education. Fifty years have passed since Brown v. Board of Education, yet substantial racial sorting persists in... 2006
Reginald Oh Interracial Marriage in the Shadows of Jim Crow: Racial Segregation as a System of Racial and Gender Subordination 39 U.C. Davis Law Review 1321 (March, 2006) C1-3Table of Contents L1-2Introduction . L31323 I. Racial Segregation in Public Schools and the Traditional View of Brown: A Case About Equal Educational Opportunity. 1324 II. Antimiscegenation Laws and the Preservation of White Racial Purity. 1329 III. Racial segregation and Antimiscegenation: What Loving Has to Do with Brown. 1333 A. Rice v. Gong... 2006
James W. Fox Jr. Intimations of Citizenship: Repressions and Expressions of Equal Citizenship in the Era of Jim Crow 50 Howard Law Journal 113 (Fall 2006) As every high school student is taught in studying American history, the Supreme Court upheld segregation in Plessy v. Ferguson but fortunately corrected its own error with Brown v. Board of Education. This is a nice story, sounding like the tale of a repentant sinner acknowledging the depths of his sinfulness to contrast with and celebrate the... 2006
Jennifer Ritterhouse, Utah State University James C. Cobb. The Brown Decision, Jim Crow, and Southern Identity. Mercer University Lamar Memorial Lectures 48. Athens: University of Georgia Press, 2005. X, 93 Pp. $22.95 (Cloth) 48 American Journal of Legal History 464 (October, 2006) In a mere seventy-five pages originally written for Mercer University's 2004 Lamar Lectures, James C. Cobb offers a forceful rebuttal to Michael J. Klarman and others who marked the fiftieth anniversary of the Brown v. Board of Education decision by questioning its legacy and downplaying its significance as a catalyst for the civil rights movement.... 2006
John Brittain Judge Samuel Alito, Nominee for the Supreme Court: Which Way Will the Court Tilt? 33 Southern University Law Review 521 (Fall 2006) The Lawyers' Committee was started in 1963 at the urging of President John F. Kennedy to devote their talent, their needs, by the largest law firms in the country to civil rights enforcement. During more than four decades, our nation has been transformed; we have taken important strides confronting racial discrimination and injustice. Yet, the... 2006
Emma Coleman Jordan Just like a Tree Planted by the Waters, I Shall Not Be Moved: Charles Ogletree, Jr., and the Plain Virtues of Lawyering for Racial Equality 22 Harvard BlackLetter Law Journal 121 (Spring, 2006) It was a moment of unbelievable risk, a precipice of career suicide, a decision that would challenge the careful planning of more timid lawyers. His wife urged caution; a Harvard colleague explored back channels with the Senate Judiciary Committee to telegraph warning to him of unseen torpedoes that might lie in his path. Even he hesitated in the... 2006
Brian J. Sutherland Killing Jim Crow and the Undead Nondelegation Doctrine with Privately Enforceable Federal Regulations 29 Seattle University Law Review 917 (Summer, 2006) Many of the ugly pages of American history have been obscured and forgotten .. America owes a debt of justice which it has only begun to pay. If it loses the will to finish or slackens in its determination, history will recall its crimes and the country that would be great will lack the most indispensable element of greatness--justice. --Dr. Martin... 2006
Kristl K. Ishikane Korean Sex Slaves' Unfinished Journey for Justice: Reparations from the Japanese Government for the Institutionalized Enslavement and Mass Military Rapes of Korean Women During World War Ii 29 University of Hawaii Law Review 123 (Winter 2006) I can no longer tolerate the lies of the Japanese government. Kim Hak-Sun On August 14, 1991, Kim Hak-Sun broke the silence that had tormented her for more than fifty years. Disgusted with the Japanese government's lies about its wartime atrocities, she became the first victim to publicly tell the story of her life as a Korean sex slave of the... 2006
Philip D. Racusin Looking at the Constitution Through World-colored Glasses: the Supreme Court's Use of Transnational Law in Constitutional Adjudication 28 Houston Journal of International Law 913 (Spring, 2006) I. Why is the Comparative Constitutional Law Indispensible?. 915 II. Background. 919 A. Why is the Supreme Court Historically Allowed to Use Transnational Law in Its Decisions?. 919 B. How has the Supreme Court Used Transnational Law in the Past?. 921 C. The Supreme Court's Current Practice: Transnational Discourse. 925 III. The Advantages,... 2006
Terri L. Towner, Rosalee A. Clawson, Eric N. Waltenburg Media Coverage of the University of Michigan Affirmative Action Decisions: the View from Mainstream, Black, and Latino Journalists 90 Judicature 120 (November-December 2006) The U.S. Supreme Court regularly articulates policies of profound political and social consequence. Rarely, however, does it take an active role in the broad dissemination of those policies to the public. Indeed, while members of the executive branch or Congress often appear publicly to make the case for a given policy, the Court simply delivers... 2006
John Nussbaumer Misuse of the Law School Admissions Test, Racial Discrimination, and the De Facto Quota System for Restricting African-american Access to the Legal Profession 80 Saint John's Law Review 167 (Winter 2006) Efforts during the past ten years to diversify America's law schools by enrolling more African-American students have failed because those responsible for law school admissions and accreditation practices have created a de facto and racially discriminatory quota system that restricts African-American access to the legal profession. African-... 2006
Jeanne Maddox Toungara Multiculturalism and the Demise of the African-american in the Body Politic 8 Howard Scroll: The Social Justice Law Review 56 (Spring, 2006) Justice Lewis F. Powell's deciding vote in Bakke v. Regents of the University of California, upheld the portion of the judgment of the California Supreme Court requiring the university to admit Bakke to medical school, but reversed the court's attempt to make all special admissions programs illegal. Powell's written response injected a push-pull... 2006
Jay Stewart Naacp V. the Attorney General: Black Community Struggle Against Police Violence, 1959-68 9 Howard Scroll: The Social Justice Law Review 29 (Fall, 2006) On March 30, 1959, the U.S. Supreme Court issued two decisions which set the stage for a new era in police-community relations. In Abbate v. United States. and Bartkus v. Illinois, the Court gave the U.S. Justice Department the power to prosecute police officers under federal civil rights laws for acts of racist violence - even when they were... 2006
Wade Henderson Opposition to Judge Alito's Supreme Court Nomination 33 Southern University Law Review 513 (Fall 2006) Opposition to a Supreme Court nomination is not something that is likely undertaken by lawyers or advocates who are engaged in this activity. We do not come to a Supreme Court nomination with a predisposition to oppose the President's nominee. Quite the contrary, nothing will make me personally happier, nothing will make the institutions that we... 2006
Mary Shaw-Perry, Ph.D., CHES Perceptions and Beliefs about Type 2 Diabetes among Non-diabetic Black Women 10 DePaul Journal of Health Care Law 51 (Fall 2006) Racial and ethnic disparities have existed in America since the birth of the nation. A vital part of working toward the elimination of racial and ethnic health disparities lies in understanding the lived experiences of those deemed high risk for preventable diseases such as type 2 diabetes. Few studies have explored the perceptions and beliefs that... 2006
Lydia Edwards Protecting Black Tribal Members: Is the Thirteenth Amendment the Linchpin to Securing Equal Rights Within Indian Country? 8 Berkeley Journal of African-American Law & Policy 122 (2006) Today a contentious division between descendants of former slaves and formerly slaveholding tribes has resulted in the loss of voting rights, access to federally funded programs, and identity for those descendents. Yet their tribal membership has survived, until recent attempts by the Cherokee and Seminole Tribes to disenfranchise and even... 2006
Rachel D. Godsil Race Nuisance: the Politics of Law in the Jim Crow Era 105 Michigan Law Review 505 (December, 2006) This Article explores a startling and previously unnoticed line of cases in which state courts in the Jim Crow era ruled against white plaintiffs trying to use common law nuisance doctrine to achieve residential segregation. These race-nuisance cases complicate the view of most legal scholarship that state courts during the Jim Crow era openly... 2006
Wilton Hyman Race, Class, and the Internal Revenue Code: a Class Based Analysis of a Black Critique of the Internal Revenue Code 35 Capital University Law Review 119 (Fall, 2006) Economic class differences within the black community should be considered, in conjunction with the history of black racial oppression, in developing proposals to reduce economic disparities between whites and blacks. Analysis of A Black Critique of the Internal Revenue Code (A Black Critique), as well as the writings of commentators on that... 2006
Alexander Polikoff Racial Inequality and the Black Ghetto 1 Northwestern Journal of Law & Social Policy 1 (Summer, 2006) Shortly after the Katrina hurricane, David Broder observed that the capacity of affluent white Americans to put aside lasting concern about those isolated from mainstream society by poverty and race is almost limitless. Perhaps this is so because many Americans assume that the consequences of the isolation are confined to the isolated. If more... 2006
Floyd D. Weatherspoon Racial Justice and Equity for African-american Males in the American Educational System: a Dream Forever Deferred 29 North Carolina Central Law Journal L.J. 1 (2006) I. Introduction. 1 II. Impact of Brown on the Desegregation of Public Schools. 6 III. Re-segregation of Public Schools: A Return to Plessy. 8 IV. The Failure of Brown to Ensure Equity and Quality Education for African-American Males. 13 A. Graduation Rates. 15 B. Dropout Rates. 17 C. Disproportionate Suspensions and Expulsions. 19 D. Exclusion from... 2006
LaVonda N. Reed-Huff Radio Regulation: the Effect of a Pro-localism Agenda on Black Radio 12 Washington and Lee Journal of Civil Rights and Social Justice 97 (Spring, 2006) For the past three years, the Federal Communications Commission (FCC or Commission) and the American public have been embroiled in a debate about the future of the radio and television broadcast industries. In the summer of 2003, the FCC removed significant ownership limits permitting unprecedented consolidation in the broadcast and print media... 2006
I. Bennett Capers Reading Back, Reading Black 35 Hofstra Law Review Rev. 9 (Fall 2006) All of us, readers and writers, are bereft when criticism remains too polite or too fearful to notice a disrupting darkness before its eyes. - Toni Morrison To choose an attitude toward interpretation--and therefore toward language--these days is to choose more than just an attitude: it is to choose a politics of reading, it is to choose an ethics... 2006
Verna L. Williams Reading, Writing, and Reparations: Systemic Reform of Public Schools as a Matter of Justice 11 Michigan Journal of Race and Law 419 (Spring 2006) INTRODUCTION. 420 I. Reparations Theory: Performing Critical Race Theory and Praxis. 428 A. Contextualizing Race and Racism. 429 B. Promoting Systemic Change. 430 C. Extending Beyond a Binary Approach to Race. 432 II. Assessing The Brown Fund Act as a Reparative Measure. 435 A. Prince Edward County: Beyond Massive Resistance. 437 B. Putting the... 2006
Alfred L. Brophy Reconsidering Reparations 81 Indiana Law Journal 811 (Summer, 2006) Eric Posner's and Adrian Vermeule's essay, Reparations for Slavery and Other Historic Injustices, seeks a framework for defining reparations and evaluating reparations claims. It explores a limited set of past reparations, as well as the connections between those asked to pay reparations and past wrongdoers, and the connections between those... 2006
Amy J. Sepinwall Responsibility for Historical Injustices: Reconceiving the Case for Reparations 22 Journal of Law & Politics 183 (Summer 2006) We will have to repent . . . not only for the vitriolic words and actions of the bad people, but for the appalling silence of the good people. The twentieth century ended with the vindication of many of its most mistreated victims' cries for reparation. Holocaust survivors retrieved over $8 billion in assets frozen in bank accounts or looted by... 2006
Michael F. Blevins, J.D., M. Div., L.L.M.-Intercultural Human Rights , LL.M. Thesis, St. Thomas University School of Law Restorative Justice, Slavery, and the American Soul, a Policy-oriented Intercultural Human Rights Approach to the Question of Reparations 31 Thurgood Marshall Law Review 253 (Spring, 2006) Power never concedes anything without a demand. It never has and never will. -Frederick Douglass (1817-1895) The moral arc of the universe is long, but it bends toward justice. -Theodore Parker (1810-1860) 9-11-01 changed everything. We know the refrain well. And so did September 2005: Hurricane Katrina caused more destruction and human suffering... 2006
H. Timothy Lovelace, Jr. Revisiting "The Need for Negro Lawyers": Are Today's Black Corporate Lawyers Houstonian Social Engineers? 9 Journal of Gender, Race and Justice 637 (Spring 2006) The fiftieth anniversary of Brown v. Board of Education provided scholars with numerous opportunities to discuss the legal importance and historical implications of this landmark decision. For countless black law students, who obviously benefit from Brown, these symposia were the first time many of them had in-depth, scholarly discussions about the... 2006
Amos N. Jones Setting Aside the Will of the Plaintiffs: How and Why the 1950s School-desegregation Strategy Marginalized Experiences of Black Self-determination in Unequal Schools and Examples of Black Self-sufficiency in Equalization Plans 23 Georgia State University Law Review 287 (Winter 2006) [W]e have got to renounce a program that always involves humiliating self-stultifying scrambling to crawl somewhere where we are not wanted; where we crouch panting like a whipped dog . . . . No, by God, stand erect in a mud-puddle and tell the white world to go to hell, rather than lick boots in a parlor. In April of 2006, the Omaha, Nebraska,... 2006
Gabriel J. Chin, , Roger Hartley , Kevin Bates, , Rona Nichols, , Ira Shiflett, &, Salmon Shomade Still on the Books: Jim Crow and Segregation Laws Fifty Years after Brown V. Board of Education 2006 Michigan State Law Review 457 (Summer, 2006) In the fall of 2003, wea group of students and faculty at the University of Arizonadecided to celebrate the fiftieth anniversary of Brown v. Board of Education by examining the laws of the fifty states to see what laws, if any, designed to promote segregation, remained on the books. Of course, there were centuries of laws segregating schools in... 2006
  Still on the Books: Jim Crow and Segregation Laws Fifty Years after Brown V. Board of Education 2006 Michigan State Law Review 460 (Summer, 2006) Introduction 461 I. Laws on the Books Designed to Prevent Public School Integration. 462 A. Outright Refusal to Desegregate (Alabama, Louisiana). 464 B. Closing Public Schools (Georgia, Louisiana, Mississippi, South Carolina). 465 C. Repealing Compulsory School Attendance Laws (Georgia, Virginia). 466 D. Other Segregation Laws (Mississippi,... 2006
Steven H. Hobbs , Shenavia Baity Tending to the Spirit: a Proposal for Healing the Hearts of Black Children in Poverty 26 Boston College Third World Law Journal 107 (Winter, 2006) Abstract: This article describes the public and private responses necessary to develop skills for low-income children to succeed. In order to fully comprehend the challenges facing these children, the article begins by explaining the statistics behind childhood poverty, including that children raised in poverty perform well below average in school... 2006
Ronald Clifford The African American Family V. the United States: a Template for the Lawsuit for Just Compensation 5 Whittier Journal of Child and Family Advocacy 603 (Spring 2006) Payment for past wrongs is a fundamental part of the American Legal System. In the American system, tort law compensates wrongs by allowing the victims to sue wrongdoers civilly. When people have suffered a harm by no fault of their own, they expect to be made whole again by the person who is at fault. These concepts act as the foundation of this... 2006
John Nussbaumer The Disturbing Correlation Between Aba Accreditation Review and Declining African-american Law School Enrollment 80 Saint John's Law Review 991 (Summer 2006) In issue 80.1 of the St. John's Law Review, I presented two statistical case studies which showed the disparate impact of current American Bar Association (ABA) accreditation practices on African-American enrollment at law schools that admit students with lower Law School Admission Test (LSAT) scores. Those studies were limited because of the... 2006
Kevin R. Johnson The Legacy of Jim Crow: the Enduring Taboo of Black-white Romance 84 Texas Law Review 739 (February, 2006) Over the last one hundred years, racial equality has made momentous strides in the United States. State-enforced segregation ended. Slowly but surely, the nation dismantled Jim Crow. As part of that dismantling, the Supreme Court struck down bans on interracial marriage, which were popular in many states. Interracial relationships have increased... 2006
Stephanie Francis Ward The Minority Partner Paradox 5 No. 29 ABA Journal E-Report E-Report 2 (7/21/2006) Theories abound as to why minorities are woefully underrepresented within partnership ranks at large law firms. Recently, a UCLA law professor has advanced a controversial new hypothesis to explain the disparity. In The Racial Paradox of the Corporate Law Firm, Richard Sander contends that large law firms appreciably lower their academic... 2006
Vernellia R. Randall The Misuse of the Lsat: Discrimination Against Blacks and Other Minorities in Law School Admissions 80 Saint John's Law Review 107 (Winter 2006) Each year when the U.S. News & World Report publishes its college and university rankings, law professors and deans scramble to learn if their institution's rank has risen or fallen. Law schools are engaging in disturbing practices in efforts to raise their rank. If a Black or Mexican applicant is denied admission to law school, there is an... 2006
Gail Dines The White Man's Burden: Gonzo Pornography and the Construction of Black Masculinity 18 Yale Journal of Law & Feminism 283 (2006) L1-2Introduction 283. I. Pornography and Masculinity. 285 II. Black Bodies in White Living Rooms. 287 III. Interracial Pornography: Looking for the Primitive (Black) Male. 290 IV. Interracial Pornography as the New Minstrel Show. 294 2006
Michael D. Ruel Using Race in Clinical Research to Develop Tailored Medications 27 Journal of Legal Medicine 225 (June, 2006) Is there a useful purpose for race-based pharmaceutical trials? The answer to that question, more often than not, will depend on one's definition of race. African Americans face the health care system with anxiety, fear, and disaffection. With the United States Food and Drug Administration (FDA) approving BiDil, a new heart failure medication... 2006
Terry Smith White Dollars, Black Candidates: Inequality and Agency in Campaign Finance Law 57 South Carolina Law Review 735 (Summer 2006) I. Introduction. 735 II. Can White Money Fund Minority Political Autonomy?. 737 III. The Neglect of Reform--Past, Present, and Future. 742 IV. A Prescription For Self-Help. 745 V. Conclusion. 747 2006
David A. Green Why the African-american Community Should Be Concerned about Supreme Court Nominee, Samuel A. Alito: His Potential Impact on Title Vii Cases 33 Southern University Law Review 425 (Fall 2006) Sheila Jackson, an African-American female, has a Master's degree in Chemistry from one of the most prestigious Universities in the country. She has worked at ACME Research Institute for ten years. She worked under Ted Washington, the head chemist and founder of the Institute, for her entire time with the Institute. The Institute grew from ten... 2006
Imani Ma'at, K.A. Harris, G.A. Ogden, P. Rodney Y.e.s. 4 Health: a Peer Education Approach to Prevention of Diabetes in African American Adolescents 10 DePaul Journal of Health Care Law 113 (Fall 2006) Youth Educational Services 4 Health, Inc. (Y.E.S.) was created in 2002 in response to a need in Atlanta, Georgia where, as in many other cities in the country, chronic diseases are disproportionately impacting African American communities. Major health risks for urban youth and youth of color include: obesity, diabetes (the first Y.E.S. health... 2006
Annalisa Jabaily 1967: How Estrangement and Alliances Between Blacks, Jews, and Arabs Shaped a Generation of Civil Rights Family Values 23 Law & Inequality: A Journal of Theory and Practice 197 (Winter 2005) The entire civil rights struggle needs a new interpretation, a broader interpretation. We need to look at this civil rights thing from another angle--from the inside as well as from the outside. To those of us whose philosophy is black nationalism, the only way you can get involved in the civil rights struggle is give it a new interpretation. That... 2005
Amanda L. Kutz A Jury of One's Peers: Virginia's Restoration of Rights Process and its Disproportionate Effect on the African American Community 46 William and Mary Law Review 2109 (April, 2005) The plaintiff, an African American male, brought an action against the defendant, a white male, for alleged injuries sustained when the defendant's car collided with the plaintiff's car. During voir dire, the judge asked the prospective jurors if any of them had been convicted of a felony. The only African American member in the jury pool looked... 2005
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