| Author | Title | Citation | Summary | Year |
| Richard M. Buxbaum |
A Legal History of International Reparations |
23 Berkeley Journal of International Law 314 (2005) |
We have witnessed an increasing interest in reparations over the past decade, an interest derived from episodes both domestic and international, ranging historically from the legacy of slavery in the United States to events occurring these past ten years in Iraq and the Horn of Africa. One principal event, which not only generated most of the... |
2005 |
| David Dante Troutt |
A Portrait of the Trademark as a Black Man: Intellectual Property, Commodification, and Redescription |
38 U.C. Davis Law Review 1141 (April, 2005) |
Introduction. 1142 I. A Portrait of the Trademark as a Black Man: An Allegorical Business Plan. 1149 II. Intellectual Property: Rights Acquisition and Expansion Amid the Consumption of Hyperreality. 1155 A. Registration and Validity. 1156 B. The Lanham Act § 43(a) and Protection of Persona. 1160 1. The Lanham Act § 43(a). 1160 2. Perception and... |
2005 |
| R. Richard Banks , Su Jin Gatlin |
African American Intimacy: the Racial Gap in Marriage |
11 Michigan Journal of Race and Law 115 (Fall 2005) |
INTRODUCTION. 115 Part I: The Components of the Marriage Gap. 118 A. First Marriage. 119 B. Divorce. 120 C. Remarriage. 123 Part II: Marriage and African American Men. 123 A. The Marriage Gap among Men. 124 B. The Marriageable Male Explanation. 125 C. Two Sexual Bargaining Models. 126 1. The Sex Ratio Theory. 127 2. The Sexual Matching Approach.... |
2005 |
| David E. Wilkins |
African Americans and Aboriginal Peoples: Similarities and Differences in Historical Experiences |
90 Cornell Law Review 515 (January, 2005) |
In August of 2003, Harvard University hosted a major conference, organized by the Civil Rights Project, titled Segregation and Integration in America's Present and Future. The conference was appropriately subtitled the Color Lines Conference, in reference to W.E.B. Du Bois's classic 1903 study The Souls of Black Folk. This sprawling conference... |
2005 |
| Pamela D. Bridgewater |
Ain't I a Slave: Slavery, Reproductive Abuse, and Reparations |
14 UCLA Women's Law Journal 89 (Fall/Winter 2005) |
Brothers, I want to say something about this matter of reparations. I am for the slave's rights to be paid for the years of toil and labor done without the benefit of pay. The slavery you know is the slavery I know. It is the slavery that we women and you men shared. We slaves, men and women, shared many sorrows: the sorrow of back breaking work... |
2005 |
| Roy L. Brooks |
American Democracy and Higher Education for Black Americans: the Lingering-effects Theory |
7 Journal of Law & Social Challenges Challenges 1 (Fall 2005) |
The term democracy can be taken in a procedural sense (its weak or narrow sense) or a substantive sense (its strong or broad sense). Procedurally, democracy simply refers to a process of self-governance, direct or through representation. In self-rule, citizens find dignity and equality, which is to say [d]emocracy has its own internal morality,... |
2005 |
| Andrea Waye |
An Environmental Justice Perspective on African-american Visitation to Grand Canyon and Yosemite National Parks |
11 Hastings West-Northwest Journal of Environmental Law, Policy 125 (Spring, 2005) |
Everybody needs beauty, as well as bread, Places to play in and pray in, where nature may heal and give strength to body and soul alike -- John Muir In the introduction to his book on the history of the National Park Service, John C. Miles writes, The National Park System ranks among the most popular of American institutions. Designate a national... |
2005 |
| Jason A. Abel |
Balancing a Burning Cross: the Court and Virginia V. Black |
38 John Marshall Law Review 1205 (Summer 2005) |
I have never seen a cross-burning in person. I do not know what it is like to wake up in the middle of the night to see the blazing cross light up the night sky, to see the fire so close to my house. I do not know what it is like to have to gather my family together, call the police and fire department, and make sure everything is okay. I do not... |
2005 |
| Vivian Gunn Morris , Curtis L. Morris |
Before Brown, after Brown: What Has Changed for African-american Children? |
16 University of Florida Journal of Law and Public Policy 215 (August, 2005) |
I. Introduction. 215 II. Before Brown: Valued Segregated African-American Schools. 216 III. After Brown: Gains and Losses. 218 IV. The Dream Denied. 222 V. Lessons Learned: Making the Promise of Brown a Reality. 224 A. Lesson 1. 224 B. Lesson 2. 224 C. Lesson 3. 225 D. Lesson 4. 225 VI. References. 229 |
2005 |
| Yanessa L. Barnard |
Better Late than Never: a Takings Clause Solution to Reparations |
12 Washington and Lee Journal of Civil Rights and Social Justice 109 (Fall, 2005) |
The movement for reparations to the descendants of American slaves is a volatile topic that invokes passionate responses. Popularly, arguments for reparations have been characterized by confrontation and demands. However, this approach is problematic because it alienates potential allies, including members of the Black community itself. The... |
2005 |
| William Bradford |
Beyond Reparations: an American Indian Theory of Justice |
66 Ohio State Law Journal L.J. 1 (2005) |
It is perhaps impossible to overstate the magnitude of the human injustice perpetrated against American Indian people: indeed, the severity and duration of the harms endured by the original inhabitants of the U.S. may well rival those suffered by any other group past or present, domestic or international. While financial reparations for certain... |
2005 |
| Dorothy E. Roberts |
Black Club Women and Child Welfare: Lessons for Modern Reform |
32 Florida State University Law Review 957 (Spring, 2005) |
Last year I discovered a chapter in the history of U.S. child welfare policy that is overlooked in most accounts of the child welfare system. An editor for Darlene Clark Hine's Black Women in America: An Historical Encyclopedia asked me to write the entry about child welfare. As I began the project, I realized that I had written an entire book and... |
2005 |
| Amos N. Jones |
Black like Obama: What the Junior Illinois Senator's Appearance on the National Scene Reveals about Race in America, and Where We Should Go from Here |
31 Thurgood Marshall Law Review 79 (Fall, 2005) |
Given Americans' warm bipartisan response to Senator Barack Obama's keynote address at the 2004 Democratic National Convention, the realist is constrained to applaud with them. The fact that voters of all ethnicities enthusiastically back a man apparently black who, at first glance, is fairly critical of the status quo indicates that the country is... |
2005 |
| Candace G. Hines |
Black Musical Traditions and Copyright Law: Historical Tensions |
10 Michigan Journal of Race and Law 463 (Spring 2005) |
INTRODUCTION. 464 I. The American Copyright Law Tradition: Origins and Application. 466 A. Copyright Law Generally. 466 B. Copyright and Music. 468 II. The Black Musical Tradition. 469 A. Community Composition. 469 B. Rhythmic and Musical Complexity. 471 C. Improvisation: Performer as Author. 472 III. Negro Spirituals. 472 IV. Black Musical... |
2005 |
| Katheryn Russell-Brown |
Black Protectionism as a Civil Rights Strategy |
53 Buffalo Law Review 1 (Winter 2005) |
Aren't things better today than they were fifty years ago? This is a common rhetorical query posed by those who have grown weary of race talk, particularly the argument that the fight for racial justice for Blacks is not over. It is assumed that the only answer is No. The more accurate response, however, is It depends. Public representations... |
2005 |
| Chet K.W. Pager |
Blind Justice, Colored Truths and the Veil of Ignorance |
41 Willamette Law Review 373 (Spring, 2005) |
C1-2Table of Contents I. Introduction. 374 II. Lie Detection. 375 A. The Jury's Role as a Lie Detector. 375 B. The Jury's Ability as a Lie Detector. 379 1. Overall Ability. 380 2. Experience. 380 3. Confidence. 381 4. Research Methodology. 382 C. Mechanisms of Lie Detection. 386 1. Form Versus Content. 386 2. Commonality of Cues. 388 3. Channel... |
2005 |
| Angela Onwuachi-Willig , Mario L. Barnes |
By Any Other Name?: on Being "Regarded As" Black, and Why Title Vii Should Apply Even If Lakisha and Jamal Are White |
2005 Wisconsin Law Review 1283 (2005) |
Forty years after the passage of Title VII of the Civil Rights Act of 1964, scholars Marianne Bertrand and Sendhil Mullainathan reported the results of their groundbreaking study, Are Emily and Greg More Employable Than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination. Their study revealed that simply having an African American... |
2005 |
| Michael Boucai |
Caught in a Web of Ignorances: How Black Americans Are Denied Equal Protection of the Laws |
18 National Black Law Journal 239 (2004-2005) |
Introduction. 240 A. The Defective Doctrines of Equal Protection Law. 240 B. Willful Ignorance. 241 C. Thesis: Willful Ignorance, Racism, and Unequal Protection. 245 I. Blissful Ignorance and the Unintentional Discriminator. 249 A. Intent Doctrine and Willful Ignorance of History. 250 B. Intent Doctrine and the Privileging of Ignorance. 251 II.... |
2005 |
| Manfred Berg, Universität Heidelberg |
Charles L. Zelden. The Battle for the Black Ballot: Smith V. Allwright and the Defeat of the Texas All-white Primary. Landmark Law Cases and American Society. Lawrence: University Press of Kansas, 2004. X, 156 Pp. $29.95 (Cloth); $12.95 (Paper) |
47 American Journal of Legal History 321 (July, 2005) |
Although it does not rank in the same class as Brown v. Board of Education (1954), the 1944 U.S. Supreme Court ruling in Smith v. Allwright is widely considered a landmark decision in the struggle for black rights in America. In Allwright, the Court struck down the so-called all-white primary of the Democratic Party in Texas as a violation of the... |
2005 |
| Harvey Gee |
Civil Liberties, National Security, and the Japanese American Internment |
45 Santa Clara Law Review 771 (2005) |
I don't want any of them (persons of Japanese ancestry) here. They are a dangerous element. There is no way to determine their loyalty. . . . It makes no difference whether he is an American citizen, he is still a Japanese. American citizenship does not necessarily determine loyalty. . . . [W]e must worry about the Japanese all the time until he is... |
2005 |
| Paul Finkelman |
Civil Rights in Historical Context: in Defense of Brown |
118 Harvard Law Review 973 (January, 2005) |
When it was decided fifty years ago, Brown v. Board of Education seemed like a revolution in law and justice. Justice Stanley Reed of Kentucky, the last holdout on the Court to endorse Chief Justice Earl Warren's opinion, said a few weeks after the Term that it was the most important case in his fifteen years on the bench and that if it was not... |
2005 |
| Guy-Uriel E. Charles |
Colored Speech: Cross Burnings, Epistemics, and the Triumph of the Crits? |
93 Georgetown Law Journal 575 (January, 2005) |
Virginia v. Black represents a complete reversal in the Court's approach to the constitutionality of anti-cross-burning statutes. In R.A.V. v. City of St. Paul, a unanimous Supreme Court held that St. Paul's ordinance regulating cross burnings violated the First Amendment. Writing for the Court, Justice Scalia explained that the purpose of the... |
2005 |
| Alfred L. Brophy |
David Horowitz, Uncivil Wars: the Controversy over Reparations for Slavery, San Francisco: Encounter Books, 2002. |
11 Michigan Journal of Race and Law 195 (Fall 2005) |
In the spring of 2001, David Horowitz opened another front on the culture wars. He became the focus of much public attention due to a controversial advertisement that he placed in college newspapers around the country, entitled Ten Reasons Why Reparations for Slavery are a Bad Idea and Racist, Too. Having incited the controversy, he now attempts... |
2005 |
| Thomas W. Mitchell |
Destabilizing the Normalization of Rural Black Land Loss: a Critical Role for Legal Empiricism |
2005 Wisconsin Law Review 557 (2005) |
I am an invisible man. No, I am not a spook like those who haunted Edgar Allan Poe; nor am I one of your Hollywood-movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids--and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me. Just like the unnamed narrator in Ralph... |
2005 |
| James W. Fox Jr. |
Doctrinal Myths and the Management of Cognitive Dissonance: Race, Law, and the Supreme Court's Doctrinal Support of Jim Crow |
34 Stetson Law Review 293 (Winter, 2005) |
One of the most intriguing questions in the study of American law during the period of Jim Crow is how American society could see itself as the city on a hill for constitutional equality while also creating and enforcing a formidable structure of legally mandated white supremacy. The peculiarly American contradiction between long-professed and... |
2005 |
| Ian Ayres , Richard Brooks |
Does Affirmative Action Reduce the Number of Black Lawyers? |
57 Stanford Law Review 1807 (May, 2005) |
Introduction. 1807 I. Estimating the Impact of Affirmative Action on the Number of Black Lawyers. 1810 A. The White Median Tier. 1811 II. Testing the Mismatch Hypothesis. 1813 A. The Relative Tier Analysis. 1817 B. Analysis of Students Who Were Admitted to Their First Choice. 1827 C. Stereotype Threat and Lift. 1838 III. Maximizing the... |
2005 |
| Michael Olneck |
Economic Consequences of the Academic Achievement Gap for African Americans |
89 Marquette Law Review 95 (Fall 2005) |
To appreciate the continuing challenge to translate the promise of Brown v. Board of Education into the actuality of equal education for African Americans, we need look no further than to data that suggest that in 2003, African American eighth-graders read at approximately the same level as second-quarter white sixth-graders. While considerable... |
2005 |
| Deleso Alford Washington |
Every Shut Eye, Ain't Sleep: Exploring the Impact of Crack Cocaine Sentencing and the Illusion of Reproductive Rights for Black Women from a Critical Race Feminist Perspective |
13 American University Journal of Gender, Social Policy and the Law 123 (2005) |
Introduction. 124 I. Black Women Standing at the Intersection of Race, Class, and Gender. 125 A. Critical Race Feminist Perspective. 126 B. Her-storical Lens. 126 II. Crack Cocaine Sentencing of Black Mothers and its Intergenerational Impact. 126 Conclusion. 126 |
2005 |
| Ruth McRoy, Ph.D. |
Expedited Permanency: Implications for African-american Children and Families |
12 Virginia Journal of Social Policy and the Law 475 (2005) |
The United States child welfare system is based on a residual service delivery model in which the state only intervenes in child rearing if parents have failed in some significant way to take care of their children. The public child welfare agency usually removes children at risk of child abuse and neglect and places them in a temporary living... |
2005 |
| Jennifer C. Nash |
From Lavender to Purple: Privacy, Black Women, and Feminist Legal Theory |
11 Cardozo Women's Law Journal 303 (Winter 2005) |
Feminist legal theory, practice, and politics have been constructed around making the personal political, subjecting and exposing space traditionally seen as private to public purview, in order to safeguard the female subject's bodily integrity. Conventional feminist legal theory asserts that privacy functions as an ideology that enables male... |
2005 |
| Anthony V. Alfieri |
Gideon in White/gideon in Black: Race and Identity in Lawyering |
114 Yale Law Journal 1459 (April, 2005) |
Introduction. 1460 I. Gideon in White: Race-Neutral Lawyering. 1464 II. Gideon in Color: Race-Coded Lawyering. 1467 III. Gideon in Black: Race-Conscious Lawyering. 1474 A. Poverty Lawyers. 1475 B. Criminal Defenders. 1478 IV. Gideon in Community: Collaborative Lawyering. 1481 Conclusion. 1488 Ye shall have one manner of law, as well for the... |
2005 |
| Darrel J. Papillion |
History Part 2: Louisiana African-american Lawyers from 1950 Forward |
53 Louisiana Bar Journal 110 (August/September, 2005) |
The history of Louisiana African-American lawyers from 1950 forward is one of struggle, survival and success. It is impossible to name here all of the outstanding African-American lawyers who have served the cause of civil rights, who bettered their communities, who became leaders and mentors, and who served and continue to serve as judges on every... |
2005 |
| Rachel L. Emanuel |
History: Black Lawyers in Louisiana Prior to 1950 |
53 Louisiana Bar Journal 104 (August/September, 2005) |
Louisiana was reportedly the first Southern state to admit an African-American to its state Bar. Yet, until the establishment of the Southern University School of Law, which graduated its first class in 1950, Jim Crow laws enacted in the 1880s kept the number of African-American lawyers to a mere handful. The Seventh Census of 1853 reported 622... |
2005 |
| Paula C. Johnson |
Honoring William H. Johnson, Class of 1903: the First African American Graduate of Syracuse University College of Law |
55 Syracuse Law Review 429 (2005) |
Introduction. 429 I. Portrait of a Pioneer: The Life of William Herbert Johnson. 431 A. Early Years. 431 B. Entering the Legal Profession. 434 C. Community Leadership. 442 II. Legacy. 446 Conclusion. 453 William Herbert Johnson was born in Syracuse, New York, in 1875. In 1903, he became the first African American to graduate from Syracuse... |
2005 |
| Derrick Bell |
How Would Justice Hugo Black Have Written Brown V. Board? |
56 Alabama Law Review 851 (Spring, 2005) |
We are living through difficult and dangerous times. The war in Iraq, whatever its outcome, has deeply divided an America that is so mired in debt that it is unable to provide for the growing number of unemployed, the millions who lack even basic health care, the school systems reduced to bare bones operations, and the environment that poisons our... |
2005 |
| Peter Irons , Frank Kemerer, Ph.D. |
Jim Crow's Children: the Broken Promise of the Brown Decision |
200 West's Education Law Reporter 507? (10/6/2005) |
Peter Irons's JIM CROW'S CHILDREN published in 2002 by Viking and now in paperback is an engrossing account of the five cases that were consolidated to constitute Brown v. Board of Education of Topeka and of the later postBrown Supreme Court rulings. Irons, a Harvard Law School graduate and professor emeritus of political science at the University... |
2005 |
| Clayborne Carson |
Jim Crow's Enduring Legacy |
57 Stanford Law Review 1243 (March, 2005) |
Scholars writing about black-white relations in the United States typically offer either optimistic or pessimistic narratives. The former emphasize racial progress--the gradual realization of American egalitarian and democratic ideals, which is variously attributed to the heroic efforts of idealistic reformers, mass protest movements, foreign... |
2005 |
| Angela Onwuachi-Willig |
Just Another Brother on the Sct?: What Justice Clarence Thomas Teaches Us about the Influence of Racial Identity |
90 Iowa Law Review 931 (March, 2005) |
ABSTRACT: Justice Clarence Thomas has generated the attention that most justices receive only after they have retired. He has been boycotted by the National Bar Association, caricatured as a lawn jockey in Emerge Magazine, and protested by professors at an elite law school. As a general matter, Justice Thomas is viewed as a non-race man, a... |
2005 |
| Guadalupe T. Luna |
Land, Labor and Reparations |
52 Cleveland State Law Review 265 (2005) |
I. Introduction. 265 II. Promise Set I: Land Struggles. 266 III. Promise Set II: Contract Labor and Agriculture. 268 IV. Conclusion. 272 |
2005 |
| Juan Cartagena |
Latinos and Section 5 of the Voting Rights Act: Beyond Black and White |
18 National Black Law Journal 201 (2004-2005) |
The debate over the reauthorization of key sections of the Voting Rights Act has attracted some early attention in the mainstream media and within academia even though these provisions will not expire until 2007. Two critical provisions of the Voting Rights Act are at stake: Section 5 of the Act, which is easily the strongest, most aggressive... |
2005 |
| Ernesto Longa |
Lawson Edward Thomas and Miami's Negro Municipal Court |
18 Saint Thomas Law Review 125 (Fall 2005) |
Lawson Edward Thomas, born in 1898 in Ocala, Florida, was both Miami's first black judge and the first black judge in the South since reconstruction. The municipal court Thomas presided over was located within Miami's Black Police Precinct and handled only cases involving black defendants arrested by black patrolmen. In other words, in 1950, Miami... |
2005 |
| Randall Kennedy |
Marriage and the Struggle for Gay, Lesbian, and Black Liberation |
2005 Utah Law Review 781 (2005) |
May 17 is a notable date on the calendar of progressive reform in the United States. On May 17, 1954, in Brown v. Board of Education and Bolling v. Sharpe, the Supreme Court of the United States broke with tradition in holding that the Federal Constitution prohibits states and the federal government from racially segregating students in public... |
2005 |
| Imani Perry |
Occupying the Universal, Embodying the Subject |
17 Law and Literature 97 (Spring, 2005) |
Abstract. This article introduces a theory of jurisprudential critique that has developed in African American letters. The author describes this form of critique as sympathetic occupation--a means of using the idea of the universal subject alongside racial subjectivity in order to transform the reader's interpretation of the law with respect to... |
2005 |
| Liyah Kaprice Brown |
Officer or Overseer?: Why Police Desegregation Fails as an Adequate Solution to Racist, Oppressive, and Violent Policing in Black Communities |
29 New York University Review of Law and Social Change 757 (2005) |
On January 23, 2004, Timothy Stansbury, Jr., a nineteen-year-old Black man, earned his GED. He planned to attend community college and start a family with his girlfriend. Hours later, Timothy met two of his friends and together they traveled to another friend's party. The three young men took a shortcut across the rooftop of Timothy's building... |
2005 |
| Laura E. Gómez, Ph.D. |
Off-white in an Age of White Supremacy: Mexican Elites and the Rights of Indians and Blacks in Nineteenth-century New Mexico |
25 Chicano-Latino Law Review 9 (Spring 2005) |
In their studies of mid-twentieth-century civil rights litigation involving Chicanos, several scholars have reached the conclusion that, in this era, Mexican Americans occupied an ambivalent racial niche, being neither Black nor white. The Supreme Court case Hernandez v. Texas, decided in 1954 during the same term as Brown v. Board of Education, is... |
2005 |
| Neil Foley |
Over the Rainbow: Hernandez V. Texas, Brown V. Board of Education, and Black V. Brown |
25 Chicano-Latino Law Review 139 (Spring 2005) |
In the aftermath of the 2004 presidential election, many pundits sought to explain why President Bush received over forty percent of the Latino vote compared to only twelve percent of the African American vote. The notion persists that minorities, like African Americans and Latinos, often share similar political views that reflect a similar history... |
2005 |
| Kathleen L. Whitten, Ph.D. |
Permanent Families for African-american Foster Children in an Imperfect World |
12 Virginia Journal of Social Policy and the Law 490 (2005) |
There are no perfect or simple public policy solutions to the problem of children whose parents cannot care for them. Ruth McRoy has highlighted the potential for human suffering when legislators and local officials apply the blunt hammer of public policy to an issue as nuanced as safe, permanent families for traumatized African-American children.... |
2005 |
| Lenese Herbert |
Plantation Lullabies: How Fourth Amendment Policing Violates the Fourteenth Amendment Right of African Americans to Parent |
19 Saint John's Journal of Legal Commentary 197 (Winter/Spring 2005) |
A society that does not protect its adults cannot protect its children. Lullabies, dulcet melodies becalm and promise comfort, safety, and security midst their stanzas and refrain. Peaceful, restorative slumber is the goal; relaxation is a prerequisite. The child, recipient of such calming energy, is rendered impervious to her worldly woes,... |
2005 |
| Monet Clarke |
Race, Partisanship, and the Voting Rights Act (Vra): African-americans in Texas from Reconstruction to the Republican Redistricting of 2004 |
10 Texas Journal on Civil Liberties & Civil Rights 223 (Spring 2005) |
Understanding the failures of partisan battles during Reconstruction sets a framework to understand the necessity of the Voting Rights Act of 1965 (VRA), and the impact of partisanship upon African-Americans in modern Texas politics after the VRA. Since the passage of the VRA of 1965, African-American representation can be seen as a sophisticated... |
2005 |
| Joyce A. McCray Pearson |
Red and Black - a Divided Seminole Nation: Davis V. U.s. |
14-SPG Kansas Journal of Law & Public Policy 607 (Spring, 2005) |
One of the longest unwritten chapters in the history of the United States is that of the relations of the Negroes and the Indians. The Indians were already here when the white men came and the Negroes brought in soon after to serve as a subject race found among the Indians one of their means of escape. There is no black Seminole . If you want to... |
2005 |