| Author | Title | Citation | Summary | Year |
| Alfred L. Brophy |
Religion and the Rise of Jim Crow in New Orleans. |
20 Journal of Law and Religion 567 (2004-2005) |
In his novel Invisible Man, Ralph Ellison depicted the eviction of an elderly black couple from their apartment in Harlem. Ellison's narrator wondered what the couple were evicted from, for they had few possessions. One was the great constitutional dream book. At the core of the dream book--the ideas about equality that circulated in African... |
2005 |
| Professor Laura A. Quigley |
Reparation Rights Tax Relief Restores Human Rights as a Civil Right in Tax Tort Reform |
40 Valparaiso University Law Review 41 (Fall, 2005) |
[D]amages that aim to substitute for a victim's physical or personal well-being-[are] personal assets that the Government does not tax and would not have taxed had the victim not lost them. The Small Business Job Protection Act of 1996 (1996 Act) made damages from discrimination cases taxable, including recoveries for emotional distress. This... |
2005 |
| Ronald L. Mize, Jr. |
Reparations for Mexican Braceros? Lessons Learned from Japanese and African American Attempts at Redress |
52 Cleveland State Law Review 273 (2005) |
I. Reparation Attempts for Japanese-American Internment and African-American Slavery. 274 A. Japanese Internment. 275 B. African-American Slavery. 277 II. Binational Relations and the U.S.-Mexico Bracero Program. 283 III. The Invisible Workers: Re-Membering the Bracero Program. 287 IV. Reparations Campaigns and Attempts at Bracero Redress. 291 |
2005 |
| Brooke Say |
Ripe for Justice: a New Un Tool to Strengthen the Position of the "Comfort Women" and to Corner Japan into its Reparation Responsibility |
23 Penn State International Law Review 931 (Spring 2005) |
We want justice. We want the Japanese government to take responsibility. . . . What we are saying is the truth. We didn't come here to lie. We didn't come here to see Japan. We came here to tell the truth Esmeralda Boe, East Timor The most recent report by the Special Rapporteur on violence against women found that in seven of eight reviewed... |
2005 |
| Patrick Oh |
Roy L. Brooks' Atonement and Forgiveness and the Hibernation (Or Gestation?) Of the Black Redress Movement |
19 National Black Law Journal 108 (2005) |
The first half of this decade has produced a small fortune of academic work on the subject of black redress, mostly advocating reparations in some form. But the tide of public opinion, it seems, has turned decidedly to the counter position. Reparations proponents do not pretend to be unaware of this, and in acknowledging this fact, give the... |
2005 |
| Rogelio A. Lasso |
Some Potential Casualties of Moving Beyond the Black/white Paradigm to Build Racial Coalitions |
12 Washington and Lee Journal of Civil Rights and Social Justice 81 (Fall, 2005) |
I was born and raised in Latin America. My father was white and my mother was of mixed-race heritage, Black and Native American. In 1967, when I was sixteen years old, I came to the United States as an exchange student. Soon after my arrival I began to notice the unique role race played in this country. I noticed race on the periphery of my senses.... |
2005 |
| Elisabeth Muckala |
Speech Prohibition: How Far Is Too Far? The First Amendment Implications of Virginia V. Black |
30 Oklahoma City University Law Review 397 (Summer 2005) |
The United States has developed a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open. This commitment to debate has come to form the cornerstone of First Amendment jurisprudence since the adoption of the Bill of Rights. However, with the recent passing of Virginia v. Black, one... |
2005 |
| Suzette M. Malveaux |
Statutes of Limitations: a Policy Analysis in the Context of Reparations Litigation |
74 George Washington Law Review 68 (November, 2005) |
I. Introduction. 69 II. Policy Reasons for Statutes of Limitations. 73 A. Fairness to the Defendant. 75 B. Efficiency. 79 C. Institutional Legitimacy. 81 III. Policy Reasons for Exceptions to Statutes of Limitations and the Mechanisms for Their Implementation. 82 A. Policy Rationales for Exceptions to Limitations Periods. 82 B. Mechanisms for... |
2005 |
| Thomas N. Ingersoll, The Ohio State University, Lima |
Stephen Middleton. The Black Laws: Race and the Legal Process in Early Ohio. Athens: Ohio University Press, 2005. Xi, 363 Pp. $59.95 (Cloth); $26.95 (Paper) |
47 American Journal of Legal History 450 (October, 2005) |
This volume describes the battle over racially discriminatory laws in one of the antebellum period's most populous and economically dynamic states. Stephen Middleton's scholarship is superb: he mines nearly seventy manuscript collections in seventeen depositories in ten states as well as about fifty major legal cases and sixty newspapers. He weaves... |
2005 |
| Will Parker |
Still Afraid of "Negro Domination?": Why County Home Rule Limitations in the Alabama Constitution of 1901 Are Unconstitutional |
57 Alabama Law Review 545 (Winter 2005) |
I. Constitutional Obstacles to Home Rule for Counties. 547 A. Dillon's Rule. 548 B. Provisions in the Alabama Constitution of 1901. 549 II. Equal Protection Clause Challenges to Facially Race-Neutral Statutes. 551 III. The Racial Aspect of Home Rule. 554 A. The 1875 Convention and Constitution. 554 B. The Interim Years, 1875-1901. 556 C. The 1901... |
2005 |
| Margaret E. Finzen |
Systems of Oppression: the Collateral Consequences of Incarceration and Their Effects on Black Communities |
12 Georgetown Journal on Poverty Law and Policy 299 (Summer, 2005) |
Picture yourself as a convicted felon, walking out of prison after the last day of your sentence. You are very glad to be leaving, and you cannot wait to get home to see your family. You know you have made mistakes in the past, but you have learned your lesson and want to start over, this time doing things right. You are relieved to have finally... |
2005 |
| Jane E. Cross |
The Bar Examination in Black and White: the Black-white Bar Passage Gap and the Implications for Minority Admissions to the Legal Profession |
18 National Black Law Journal 63 (2004-2005) |
Concerns about minority performance on the bar examination make it impossible to ignore the subject of the bar examination as a formidable barrier to minority admission to the legal profession. Evidence has shown that the bar examination has had an adverse impact on efforts to diversify the legal profession due to the lower pass rates of minority... |
2005 |
| Beverly I. Moran |
The Case for Black Inferiority? What must Be True If Professor Sander Is Right: a Response to a Systemic Analysis of Affirmative Action in American Law Schools |
5 Connecticut Public Interest Law Journal 41 (Fall, 2005) |
In A Systemic Analysis of Affirmative Action in American Law Schools, Professor Richard Sander asserts that affirmative action hurts blacks both as a group and as individuals. Professor Sander finds that qualified black students are adversely affected by affirmative action because they are admitted to schools above their capacity where they are... |
2005 |
| Teri A. McMurtry-Chubb |
The Codification of Racism: Blacks, Criminal Sentencing, and the Legacy of Slavery in Georgia |
31 Thurgood Marshall Law Review 139 (Fall, 2005) |
The United States is now 140 years from the legal end of African slavery and 51 years from the legal end of racial segregation in public schools. Yet, African Americans and Caucasians remain separated by a yawning chasm of inequality. This divide is no more prominent than in the racial composition of the United States' prison population. In the... |
2005 |
| Andrea McArdle |
The Confluence of Law and Antebellum Black Literature |
17 Law and Literature 183 (Summer, 2005) |
Abstract. This article argues that the acculturation of black Bostonians to the rhetoric of the law during the Revolutionary era was constitutive and sustaining. The article examines how three pivotal Boston-based antebellum authors--Prince Hall, David Walker, and Maria Stewart--appropriated the rhetoric of legal pleading used in Revolutionary-era... |
2005 |
| Christopher E. Prince |
The Continuing Mission of Black Bar Associations |
27-FEB Los Angeles Lawyer 52 (February, 2005) |
AS THE PRESIDENT OF the John M. Langston Bar Association, I have often reflected on a deceptively simple question: What is the purpose of our organization? For most of the last 100 years, this question was much easier to answer. When the Blackstone Club, the Langston Bar's predecessor, was founded in the 1920s, black lawyers were excluded from most... |
2005 |
| Adam Gordon |
The Creation of Homeownership: How New Deal Changes in Banking Regulation Simultaneously Made Homeownership Accessible to Whites and out of Reach for Blacks |
115 Yale Law Journal 186 (10/1/2005) |
ABSTRACT. The Federal Government, in creating the section 203(b) mortgage insurance program during the New Deal, transformed homeownership in America into the main way that middle-class households build wealth. In the first three decades of the program's existence, however, this wealth-building opportunity was not shared with African-Americans.... |
2005 |
| Miriam S. Gohara, James S. Hardy, Damon Todd Hewitt |
The Disparate Impact of an Under-funded, Patchwork Indigent Defense System on Mississippi's African Americans: the Civil Rights Case for Establishing a Statewide, Fully Funded Public Defender System |
49 Howard Law Journal 81 (Fall 2005) |
A fundamental principal of our nation's criminal justice system is that regardless of financial status, whether wealthy or destitute, every accused person is entitled to the effective assistance of counsel. Despite over a decade of calls for reform by state courts, Mississippi is one of the few states that fail to meet its obligation to provide... |
2005 |
| Kathleen B. Overly |
The Exploitation of African-american Men in College Athletic Programs |
5 Virginia Sports and Entertainment Law Journal 31 (Fall 2005) |
Introduction. 32 I. History of NCAA Freshman Eligibility Requirements. 34 A. Proposition 16: Improving Academic Performance of College Athletes. 36 B. Cureton v. NCAA: Allegations of Disparate Impact. 39 C. Pryor v. NCAA: Allegations of Intentional Discrimination. 41 D. NCAA Response: The Revised Proposition 16. 42 II. What Constitutes Disparate... |
2005 |
| Andrea N. Johnson |
The Federal Psychotherapist-patient Privilege, the Purported "Dangerous Patient" Exception, and its Impact on African American Access to Mental Health Services |
48 Howard Law Journal 1025 (Spring 2005) |
Jaffee v. Redmond was no exception to the proposition that when the Supreme Court considers an issue, the resulting decision will have a far-reaching impact, which, at the time of the decision, may not have been within the contemplation of the Justices. In 1996, when the Supreme Court granted certiorari to hear Jaffee, there was no consensus among... |
2005 |
| Eric John Nies |
The Fiery Cross: Virginia V. Black, History, and the First Amendment |
50 South Dakota Law Review 182 (2005) |
In Virginia v. Black, the United States Supreme Court ruled a Virginia statute prohibiting the burning of a cross with the intent to intimidate was unconstitutional due to an overbroad prima facie evidence provision. The Court noted, however, that if not for the prima facie provision, the statute would pass First Amendment scrutiny because the... |
2005 |
| Heather S. Ingrum Gipson |
The Fight for the Right to Fight: Equal Protection & the United States Military |
74 UMKC Law Review 383 (Winter 2005) |
[T]he war power does not remove constitutional limitations safeguarding essential liberties. Embroiled with the wars in both Iraq and Afghanistan, the U.S. military is now preparing to do battle on another front. The military's Don't Ask, Don't Tell policy of excluding those who are openly homosexual from military service is under fire. The... |
2005 |
| Maura Regan |
The Inventive Spirit of African Americans |
87 Journal of the Patent and Trademark Office Society 81 (January, 2005) |
The Inventive Spirit of African American Inventors, by Patricia Sluby is a resource for those interested in both the inventive American spirit and African American achievement. Ms. Sluby catalogs the plethora of African American inventors in this all-inclusive book. The progression of the African American inventiveness parallels the flowering of... |
2005 |
| April B. Chandler |
The Loss in My Bones: Protecting African American Heirs' Property with the Public Use Doctrine |
14 William & Mary Bill of Rights Journal 387 (October, 2005) |
The Spanish moss swayed gently in the ancient live oaks, and the pungent smell of the salt marsh rolled in with the tide as Johnny Rivers sat on the steps of his home, reminiscing. Never wanted to be anywhere else . . . . I thought I would die here, he says of the land he lived on for sixty-nine years. Patriarch of a family of twenty-seven... |
2005 |
| Peter Tiersma |
The New Black's |
55 Journal of Legal Education 386 (September, 2005) |
When I was growing up on a dairy farm in California's San Joaquin Valley, one of the ritual insults that young men would hurl at each other was Why don't you go read a dictionary! This was apparently deemed the most excruciatingly boring activity that any human being could ever contemplate undertaking. I never admitted that I did, in fact, spend... |
2005 |
| Fiordaliza Batista |
The Ramifications of the Federal Communications Commission's Failure to Minimize Negative Media Portrayals of Latinas and Black Women |
11 Cardozo Women's Law Journal 331 (Winter 2005) |
The Federal Communications Commission (FCC) contributes to the subjugation of minorities by failing to implement policies that encourage accurate portrayals of minorities. A correlation exists between negative media portrayals, or stereotypical portrayals of minorities, and the manner in which society perceives and reacts to them. Stereotypes are a... |
2005 |
| Kimberly Jade Norwood |
The Virulence of Blackthink™ and How its Threat of Ostracism Shackles Those Deemed Not Black Enough |
93 Kentucky Law Journal 143 (2004-2005) |
Nowadays, if you know the color of somebody's skin, you know what the person values (or should value), what causes the person supports (or should support), and how he or she thinks (or should think). Skin color, it seems, is a perfectly acceptable proxy for lots of others things-but principally for holding, or being willing to espouse, the right... |
2005 |
| Kevin Outterson |
Tragedy and Remedy: Reparations for Disparities in Black Health |
9 DePaul Journal of Health Care Law 735 (2005) |
The Tragedy of American health care is the stubborn persistence of disparities in Black health, 140 years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social... |
2005 |
| A. K. Sandoval-Strausz |
Travelers, Strangers, and Jim Crow: Law, Public Accommodations, and Civil Rights in America |
23 Law and History Review 53 (Spring, 2005) |
Public accommodations--hotels, trains, restaurants, steamboats, theaters, buses, motels, and the like--were for more than a century located at the epicenter of legal and political struggles for racial equality. From the age of Reconstruction to the civil rights movement of the mid-twentieth century, civil rights in public places stood alongside... |
2005 |
| Carla D. Pratt |
Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) |
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by... |
2005 |
| Kevin Gick |
Twelve Mommies and Daddies, Not a Scary Judge Clad in Black Why Does Only One State Let Juries Decide Child Custody Cases? |
43 Family Court Review 612 (October, 2005) |
This note questions why nearly every state prohibits juries from deciding child custody lawsuits. Forty-nine out of fifty states give judges the exclusive authority to decide child custody lawsuits. These cases ask the trier of fact to determine which alternative custodial care arrangement would be in the best interests of the child. It is... |
2005 |
| Hila Keren |
We Insist! Freedom Now : Does Contract Doctrine Have Anything Constitutional to Say? |
11 Michigan Journal of Race and Law 133 (Fall 2005) |
On a daily basis countless people are refused contracts due to discrimination on account of their Otherness--their race, their disability, their gender, etc. Many of them are not welcomed by hotels, denied service in restaurants, rejected by banks when asking for a mortgage loan, and so on. The variety of transactions that are denied and the... |
2005 |
| Geiza Vargas-Vargas |
White Investment in Black Bondage |
27 Western New England Law Review 41 (2005) |
Further [revenue] growth is expected to come from increased focus and resources by the Department of Homeland Security dedicated to illegal immigration, stricter sentencing guidelines, longer prison sentences and prison terms for juvenile offenders, as well as the growing demographic of the 18 to 24 year-old at-risk population. Males between 18 and... |
2005 |
| Daniel E. Ho |
Why Affirmative Action Does Not Cause Black Students to Fail the Bar |
114 Yale Law Journal 1997 (June, 2005) |
Richard H. Sander, A Systemic Analysis of Affirmative Action in American Law Schools, 57 Stan. L. Rev. 367 (2004). In a widely discussed empirical study, Richard Sander concludes that affirmative action at U.S. law schools causes blacks to fail the bar. If correct, this conclusion would turn the jurisprudence, policy, and law of affirmative action... |
2005 |
| Raymond O. Arsenault |
You Don't Have to Ride Jim Crow |
34 Stetson Law Review 343 (Winter, 2005) |
You don't have to ride jim crow, You don't have to ride jim crow, Get on the bus, set any place, 'Cause Irene Morgan won her case, You don't have to ride jim crow. --1947 freedom song When Irene Morgan boarded a Greyhound bus in Hayes Store, Virginia, on July 16, 1944, she had no inkling of what was about to happen--no idea that her trip to... |
2005 |
| Kristi L. Bowman |
A Different Shade of Brown: Latinos and School Desegregation |
88 Judicature 85 (September-October 2004) |
School desegregation cases have long been dominated by a Black-White conception of race, yet Latinos, as an ethnic group, do not fit squarely within this binary. This disconnect has led to the popular misconception that Latinos have been largely absent from the history of school desegregation. Quite to the contrary, the first successful school... |
2004 |
| Keith N. Hylton |
A Framework for Reparations Claims |
24 Boston College Third World Law Journal 31 (Winter, 2004) |
Abstract: These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare the goals and viability of reparations claims as tort suits. I contrast two approaches observed in the claims: a doing justice model, which involves seeking compensation in important cases of uncorrected or uncompensated injustice, and... |
2004 |
| Sam Spital |
A Voting Rights Odyssey: Black Enfranchisement in Georgia. By Laughlin Mcdonald. Cambridge, U.k.: Cambridge University Press, 2003. Pp. 245 + Index. $20.00 (Cloth) |
39 Harvard Civil Rights-Civil Liberties Law Review 287 (Winter, 2004) |
From slavery to the late twentieth century, white Georgians and their elected representatives implemented an extraordinary array of tactics designed to prevent black political empowerment. These measures evolved in response to changing federal laws and at different times included official black disenfranchisement; jailing, threatening, assaulting,... |
2004 |
| Stephanie Francis Ward |
Affirmative Action No Boon for Blacks, Prof Says |
3 No. 46 ABA Journal E-Report E-Report 1 (11/19/2004) |
Affirmative action hurts the group it is most designed to help, according to a yet-to-be published law review article. Preferential policies allow students to attend schools for which they are not academically prepared, hurting their grades and their prospects of passing the bar exam, according to the article, which will be published by the... |
2004 |
| Mae Flennoy, State Bar of Nevada Communications Director |
African - Americans in the Nevada Judiciary |
12-FEB Nevada Lawyer 10 (February, 2004) |
On their shoulders rests far more than the responsibility of administering justice to the people. They embody the manifested hopes and dreams of their race. They are the legacies of Jane Bolin, the first African-American woman judge in the United States. Pacesetters and trailblazers, they are Nevada's first and only African-American female jurists,... |
2004 |
| Tanya Katerí Hernández |
Afro-mexicans and the Chicano Movement: the Unknown Story |
92 California Law Review 1537 (October, 2004) |
Professor Ian Haney López's book, Racism on Trial: The Chicano Fight for Justice, is a legal history of the 1960s Chicano movement in Los Angeles that traces, in particular, a critical moment of racial transformation in the Mexican community of East Los Angeles. The book examines the legal violence that surrounded the 1968 student demonstrations... |
2004 |
| Daniel L. Kaplan |
An Imperfect God: George Washington, His Slaves, and the Creation of America by Henry Wiencek Farrar, Straus and Giroux, New York, Ny, 2003. 404 Pages, $26.00 (Cloth), $15.00 (Paper). "Negro President": Jefferson and the Slave Power by Garry Wills Houghto |
51-SEP Federal Lawyer 52 (September, 2004) |
What shall we do with the great Southern men of the Revolutionary era? Historians and the public have moved through phases of untrammeled worship, edgy icon bashing, wonder at their complexity, and, finally, an uncomfortable mixture of awe at their accomplishments and roughly equal awe at their brutality. There doesn't seem to be any light at the... |
2004 |
| Wesley Chang |
Arrested Development: Patent Laws, Embryonic Stem Cell Research, and the Organ Black Market |
10 Southwestern Journal of Law and Trade in the Americas 407 (2004) |
I. Introduction. 408 II. United States Policy Regarding Sales of Human Organs for Profit. 411 A. Dissecting the Organ Transplant Legislation. 411 B. Moore Problems: Case Law Involving Property Interest in the Human Body. 413 III. Patenting Life: The Garden of Forking Paths. 416 A. Seeds of Doubt: Plant Patent Act of 1930. 416 B. The Labyrinth:... |
2004 |
| Regina Austin |
Back to Basics: Returning to the Matter of Black Inferiority and White Supremacy in the Post-brown Era |
6 Journal of Appellate Practice and Process 79 (Spring, 2004) |
Except among recent law students, Brown v. Board of Education is better remembered for what it did (namely reject Plessy v. Ferguson's doctrine of separate but equal) than the grounds on which it did it. The Court in Brown considered whether racial segregation deprived minority children of equal educational opportunities even if it were assumed... |
2004 |
| Christopher C. Faille |
Black Cloud: the Great Florida Hurricane of 1928 by Eliot Kleinberg Carroli & Graf Publishers, New York, Ny, 2003. 283 Pages, $26.00 |
51-OCT Federal Lawyer 49 (October, 2004) |
Eliot Kleinberg is a reporter for the Palm Beach Post. In that capacity he has covered such events as the 1996 ValuJet plane crash, the 2000 presidential election imbroglio, and the anthrax attack on a Boca Raton media organization's office in the star-crossed autumn of 2001. He is also the author or co-author of several books about Florida. Some... |
2004 |
| Roger Clegg |
Black Culture and Black Conservative Thought: Toward an Anthology |
2 Georgetown Journal of Law and Public Policy 251 (Winter, 2004) |
This essay is divided into four parts. Part I sketches the goals we might reasonably have for race relations in the United States. Part II discusses the critical role of black culture in achieving those goals. Part III suggests that an anthology of conservative black thought would make a valuable contribution to racial progress. And Part IV reviews... |
2004 |
| Michael Coblenz |
Black Inventors in the Age of Segregation: Granville T. Woods, Lewis H. Latimer, and Shelby J. Davidson by Rayvon Fouché Johns Hopkins University Press, Baltimore, Md, 2003. 225 Pages, $34.95 |
51-JUL Federal Lawyer 55 (July, 2004) |
Is there a connection between race and technology? In this book, professor Rayvon Fouché claims that technology has been used to marginalize black people within American society and culture, and that most scholars ignore this fact because they erroneously believe that technology is value-neutral, non-gendered, and nonracist. Fouché claims that,... |
2004 |
| Cass R. Sunstein |
Black on Brown |
90 Virginia Law Review 1649 (October, 2004) |
OF all the early writing on Brown v. Board of Education, the most striking is a ten-page essay by Charles Black. Professor Black's essay is striking because of its simplicity, its concreteness, and its realism--its clear statement of what the system of segregation did and meant, and of the relationship between that statement and Black's reading of... |
2004 |
| Harold A. McDougall |
Brown at Sixty: the Case for Black Reparations |
47 Howard Law Journal 863 (Spring 2004) |
The Case for Black Reparations, by Boris I. Bittker. Beacon Press 2d ed. 2003 (1973). I find it sad that fifty years after Brown, in the midst of the lectures and black-tie celebrations, Black children are still being denied access to the same educational opportunities as White children. It is fortunate that Professor Boris Bittker's book, The... |
2004 |
| Amanda J. Congdon |
Burned Out: the Supreme Court Strikes down Virginia's Cross Burning Statute in Virginia V. Black |
35 Loyola University Chicago Law Journal 1049 (Summer 2004) |
Liza Costa and her family moved to Rushville, Missouri in 1997. Believing that Ms. Costa and her children were African American, three men schemed to burn a cross in the Costas' lawn to frighten the family into leaving town. They welded metal pipe into the shape of a cross and wrapped the cross in towels. The men then met at the volunteer fire... |
2004 |