AuthorTitleCitationSummaryYear
Charles J. Ogletree, Jr. Chapter 17 Addressing the Racial Divide: Reparations 20 Harvard BlackLetter Law Journal 115 (Spring, 2004) There should be no mistaking the fervor of the reparations movement. The claim that America owes a debt for the enslavement and segregation of African-Americans has had historical currency for over 150 years. Occasionally, the clamor for repayment of that debt has intensified, particularly in the period following the Civil War. Although the civil... 2004
Jack Greenberg Charles L. Black: His Heart and Mind 92 Georgetown Law Journal 859 (April, 2004) Charles Black was one of the most influential constitutional scholars of our time. Few who admired his scholarship, however, knew him also as author of three books of poetry, scores of other published poems, as painter, trumpet and harmonica player, and musicologist. He wrote poems for and about friends. He performed his music in formal and... 2004
Michael deHaven Newsom Clarence Thomas, Victim? Perhaps, and Victimizer? Yes--a Study in Social and Racial Alienation from African-americans 48 Saint Louis University Law Journal 327 (Winter 2004) The nomination of Clarence Thomas as an Associate Justice of the United States Supreme Court unhinged many African-Americans, including this writer. Many simply had no idea of what to make of a situation that involved the combustible mixture of gender, race, class, political duplicity, political ideology, and alleged sexual harassment, nor of the... 2004
Mark Tushnet Clarence Thomas's Black Nationalism 47 Howard Law Journal 323 (Winter 2004) Clarence Thomas is the only Supreme Court Justice whose opinions quote both Frederick Douglass and W.E.B. Du Bois. Justice Thomas's choice of these icons of black pride and anti-racism is hardly an accident. Justice Thomas connects his vision of constitutional law to a tradition of black pride by framing his discussions of education's value to... 2004
David J. Garrow Clarendon County in Black & White 7 Green Bag 237 (Spring 2004) MANNING, South Carolina - Clarendon County treasurer Matt Evans sticks his head into the office of Beulah Roberts, the county clerk of court. A local television station is appealing for viewers to adopt needy families for Christmas-time gift-giving, and he asks if Roberts will join him and two other colleagues in taking four families. I'm in,... 2004
T. Alexander Aleinikoff Comment: Charles Black and Human Rights 92 Georgetown Law Journal 773 (April, 2004) As a student in law school, I was vaguely both Charles Black's student and research assistant. Black, with Bruce Ackerman, took over Robert Cover's course on the Constitution and the Welfare State after Cover suffered a heart attack midway through the semester. And for part of a summer, I did some quantitative research off-site for Black at the... 2004
Ryan Fortson Correcting the Harms of Slavery: Collective Liability, the Limited Prospects of Success for a Class Action Suit for Slavery Reparations, and the Reconceptualization of White Racial Identity 6 African-American Law and Policy Report 71 (2004) Slavery can only be abolished by raising the character of the people who compose the nation; and that can be done only by showing them a higher one. No one now doubts, or at least no one should doubt, that slavery imposed a grievous wrong on Blacks in America, one from which neither the descendants of slaves nor the country as a whole have entirely... 2004
David Lyons Corrective Justice, Equal Opportunity, and the Legacy of Slavery and Jim Crow 84 Boston University Law Review 1375 (December, 2004) Introduction. 1375 I. Compensation, Restitution, and Corrective Justice. 1378 A. The Moral Debt Model. 1379 B. The Material Disadvantage Model. 1381 C. The Unjust Enrichment Model. 1382 D. The Institution Model. 1384 II. The Role of the Federal Government. 1385 A. The Eighteenth Century. 1386 B. The Nineteenth Century. 1388 C. The Twentieth... 2004
W. Wat Hopkins Cross Burning Revisited: What the Supreme Court Should Have Done in Virginia V. Black and Why it Didn't 26 Hastings Communications and Entertainment Law Journal (COMM/ENT) 269 (Winter 2004) I. R.A.V. v. St. Paul. 273 A. Arguments to the Supreme Court. 273 B. Justice Scalia for the Court. 276 C. A Transparently Wrong Opinion. 280 II. Cross Burning in Lower Appellate Courts. 284 A. Federal Prosecutions for Cross Burning. 285 B. State Prosecutions for Cross Burning. 288 III. Virginia v. Black. 293 A. The Virginia Supreme Court Ruling.... 2004
Roger C. Hartley Cross Burning--hate Speech as Free Speech: a Comment on Virginia V. Black 54 Catholic University Law Review 1 (Fall, 2004) It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. This Article concerns the criminalization of cross burning. This act of symbolic expression sometimes communicates hate, inspires fear of impending bodily harm, expresses an ideology and solidarity... 2004
William J. Bowers , Marla Sandys , Thomas W. Brewer Crossing Racial Boundaries: a Closer Look at the Roots of Racial Bias in Capital Sentencing When the Defendant Is Black and the Victim Is White 53 DePaul Law Review 1497 (Summer 2004) In 1976, the United States Supreme Court assumed in Gregg v. Georgia and companion cases that the reformed capital statutes of Georgia, Florida, and Texas would remedy the ills, including the risk of racial bias in sentencing that made the application of the death penalty unconstitutional according to Furman v. Georgia. Yet studies of sentencing... 2004
Jeffery M. Brown Deconstructing Babel: Toward a Theory of Structural Reparations 56 Rutgers Law Review 463 (Winter 2004) The apparent inability of contemporary reparations scholars to reach consensus on prudential considerations such as structure and purpose undermines efforts to obtain reparations of any sort. The Author finds intriguing recent proposals that see black reparations claims not as litigation vehicles, but as broader invitations to re-energize... 2004
A. Jerome Dees Do the Right Thing: a Search for an Equitable Application of Title Ix in Historically Black Colleges and University Athletics 33 Capital University Law Review 219 (Winter 2004) Only the educated are free. Historians have richly documented the zeal with which freed slaves of those days took to the books which had been forbidden them in their time of bondage. Education has long been considered the key to success in America, and higher education has been particularly important because it provided Blacks access to American... 2004
Joe R. Feagin Documenting the Costs of Slavery, Segregation, and Contemporary Racism: Why Reparations Are in Order for African Americans 20 Harvard BlackLetter Law Journal 49 (Spring, 2004) Without significant reparations for African Americans, the deepest racial divide in the United States will never be eliminated. As Randall Robinson has put it in The Debt: What America Owes to Blacks, if . African Americans will not be compensated for the massive wrongs and social injuries inflicted upon them by their government, during and after... 2004
David B. Wilkins Doing Well by Doing Good? The Role of Public Service in the Careers of Black Corporate Lawyers 41 Houston Law Review 1 (Symposium 2004) I. Introduction. 2 II. Of Thurgood Marshall, Perry Mason, and the Suit. 10 III. Private Benefits of Public Service in Black and White. 20 A. Experience. 21 B. Visibility. 23 C. Contacts. 27 IV. Building an External Persona. 30 A. Government Service. 30 1. Secretary of State or Commissioner of Streets and Sanitation?. 31 2. The Litigation Trap. 39... 2004
Avi Brisman Double Whammy: Collateral Consequences of Conviction and Imprisonment for Sustainable Communities and the Environment 28 William and Mary Environmental Law and Policy Review 423 (Winter, 2004) [E]nvironmental policy includes not just what government says about the environment, not just what is labeled as environmental policy, but everything the government does that affects it. Twelve years ago, Marc La Cloche went to prison, convicted of first-degree robbery. While in an upstate New York prison, La Cloche decided to turn his life... 2004
Stephan Michelson Driving While Black: a Skeptical Note 44 Jurimetrics Journal 161 (Winter, 2004) ABSTRACT: The phrase Driving While Black may refer to the hypothesis that police officers make excessive highway stops of minorities or to differential treatment of drivers after such a stop, based on their race. This article reviews studies that claim to confirm the former hypothesis. It finds their conclusions unsupported. Specific problems... 2004
Floyd Weatherspoon Ending Racial Profiling of African-americans in the Selective Enforcement of Laws: in Search of Viable Remedies 65 University of Pittsburgh Law Review 721 (Summer, 2004) In theory, the American justice system is designed to ensure that each American's basic constitutional rights are preserved and protected. Most Americans, including African-Americans, believe that the justice system protects the constitutional rights of all Americans. However, the extent of this protection is viewed differently by whites and... 2004
Harvey Gee Expanding the Civil Rights Dialogue in an Increasingly Diverse America: a Review of Frank Wu's Yellow: Race in America Beyond Black and White 20 Touro Law Review 425 (2004) Books on the Asian American experience have appeared on book store shelves at a steady pace over the past few years, containing literature that includes surveys of practically every Asian ethnicity and focusing on particular time periods. Long the province of academic historians and social scientists, the field consisted predominantly of narratives... 2004
David B. Wilkins From "Separate Is Inherently Unequal" to "Diversity Is Good for Business": the Rise of Market-based Diversity Arguments and the Fate of the Black Corporate Bar 117 Harvard Law Review 1548 (March, 2004) On December 7, 1953, two of the greatest appellate advocates that this country has ever produced squared off in the Supreme Court's marble and mahogany chamber to present the final arguments in Brown v. Board of Education. At one counsel table sat Thurgood Marshall, chief counsel for the NAACP Legal Defense and Education Fund, arguably the nation's... 2004
Peter C. Alexander From Brown to Topeka to the Future 96 Law Library Journal 219 (Spring, 2004) Dean Alexander considers the lessons of Brown v. Board of Education, reflecting on what the case personally means to him and what it can teach us about the future of the country. ΒΆ1 Borrowing liberally from President Abraham Lincoln: Four score and seven years from now, our descendants will bring forth upon this continent a renewed nation,... 2004
Hon. Rebecca A. Wiseman From Jim Crow to Civil Rights: the Supreme Court and the Struggle for Racial Equality, by Michael J. Klarman, Oxford University Press, New York, 2004; 655 Pages, Isbn: 0-19-512903-2 43 No. 2 Judges' Journal 36 (Spring, 2004) Constitutional history makes great reading because it is replete with intrigue, power politics, and human drama. As dramatic evidence of this premise, consider these shocking facts excerpted from the powerful new book authored by Michael J. Klarman, From Jim Crow to Civil Rights: The landmark 1896 Supreme Court case Plessy v. Ferguson (announcing... 2004
Jon M. Sands Generations of Captivity: a History of African-american Slaves by Ira Berlin the Belknap Press of Harvard University Press, Cambridge, Ma, 2003, 374 Pages, $29.95 51-SEP Federal Lawyer 49 (September, 2004) I recently had lunch with a professor of African-American history, during which we discussed the historiography of slavery in the South. He concluded that the debates that roiled the field in the 1960s and 1970s have largely quieted down. The study of the victimization of slaves in Kenneth Stampp's The Peculiar Institution, the cultural interchange... 2004
Richard Buxbaum German Reparations after the Second World War 6 African-American Law and Policy Report 35 (2004) To someone my age, some of the previous comments smack of the venial sin of Presentism. For some of us, 1961 is not all that long ago; we can test the question of past versus present comprehension of the changing American views of race and ethnicity by looking at the span of our own adult lives. I do not believe that we were ignorant of the... 2004
Roy L. Brooks Getting Reparations for Slavery Right--a Response to Posner and Vermeule 80 Notre Dame Law Review 251 (November, 2004) In their essay, Reparations for Slavery and Other Historical Injustices, Eric Posner and Adrian Vermeule (hereinafter referred to as the authors) set out to provide an overview of the conceptual, legal, and moral issues surrounding reparations. Their main critical thrust is to fill what they perceive to be large gaps in the literature on... 2004
Mishael A. Danielson, Alexis Pimentel Give Them Their Due: an African-american Reparations Program Based on the Native American Federal Aid Model 10 Washington and Lee Race and Ethnic Ancestry Law Journal 89 (Spring, 2004) Numerous scholarly publications discuss the controversial topic of reparations for descendants of slaves in America. The works expound on possible justifications, moral implications, societal effects, and consequential feasibility of implementing a reparations program. The leading justification focuses on descendents' right to compensation for the... 2004
Joe R. Feagin Heeding Black Voices: the Court, Brown, and Challenges in Building a Multiracial Democracy 66 University of Pittsburgh Law Review 57 (Fall, 2004) In 1967, thirteen years after the first Brown v. Board of Education decision, Dr. Martin Luther King, Jr. voiced great frustration with the lack of progress in societal desegregation: [e]very civil rights law is still substantially more dishonored than honored. School desegregation is still 90 percent unimplemented across the land. . . .... 2004
James R. Hackney, Jr. Ideological Conflict, African American Reparations, Tort Causation and the Case for Social Welfare Transformation 84 Boston University Law Review 1193 (December, 2004) Introduction. 1193 I. The Mass Tort Analogy and the Case For and Against African American Reparations. 1194 II. Implications: Social Welfare Transformation?. 1201 Conclusion. 1206 2004
David E. Austin In God We Trust: the Cultural and Social Impact of Affinity Fraud in the African American Church 4 University of Maryland Law Journal of Race, Religion, Gender and Class 365 (Fall, 2004) Across the United States, millions of dollars are being stolen from innocent churchgoers by con artists claiming to share in their religious beliefs. Far from a paranoid conspiracy theory, affinity fraud has posed a significant harm to churches and congregations, specifically those with high percentages of minorities, and the dramatic rise in... 2004
Michael C. Dorf Interpretive Holism and the Structural Method, or How Charles Black Might Have Thought about Campaign Finance Reform and Congressional Timidity 92 Georgetown Law Journal 833 (April, 2004) As a constitutional stylist, Charles Black belongs in the pantheon with Justices Marshall, Holmes, Brandeis, and Jackson. His writing was invariably crisp, clear, and elegant. Structure and Relationship in Constitutional Law is certainly no exception to this rule. And yet, the book is easily misread. The signal contribution of Structure and... 2004
Gabriel J. Chin Jim Crow's Long Goodbye 21 Constitutional Commentary 107 (Spring 2004) Most judicial discussions of affirmative action and racial justice are unsatisfying because they omit a fundamental category of evidence: Information which would provide a basis for evaluating the scope of Jim Crow and its systematic consequences. Some assessment of the entirety of the institution is necessary to have an informed view of whether... 2004
Richard Delgado Locating Latinos in the Field of Civil Rights: Assessing the Neoliberal Case for Radical Exclusion 83 Texas Law Review 489 (December, 2004) Poor Latinos! Nobody loves them. Think-tank conservatives like Peter Brimelow, joined by a few liberals and a host of white supremacist websites, have been warning against the Latino threat: Because our dark-haired friends from south of the border insist on preserving their peculiar language and ways, they endanger the integrity of our Anglocentric... 2004
Jim Chen Mayteenth 89 Minnesota Law Review 203 (November, 2004) [I]n this our noble land, memory is all: touchstone, threat and guiding star. Where we shall go is where we have been; where we have been is where we shall go--but with a difference. For as we proceed toward our destination, it is ever changed by the transformations wrought by our democratic procedures and by the life-affirming effects of our... 2004
Garrett Power Meade V. Dennistone: the Naacp's Test Case to ". . . Sue Jim Crow out of Maryland with the Fourteenth Amendment" 63 Maryland Law Review 773 (2004) In 1936, Edmond D. Meade, the young African-American pastor at Israel Baptist Church, contracted to buy the house at 2227 Barclay Street in Baltimore, Maryland. Estelle Dennistone and other neighbors objected to the arrival of a colored family in the midst of their almost exclusively white block. Suit was filed on their behalf by lawyer William... 2004
Stanton D. Krauss New Evidence That Dred Scott Was Wrong about Whether Free Blacks Could Count for the Purposes of Federal Diversity Jurisdiction 37 Connecticut Law Review 25 (Fall, 2004) Article Three, Section Two of the Constitution grants federal courts jurisdiction over Controversies . between Citizens of different States. In Dred Scott v. Sandford, the Supreme Court declared that free blacks could never be Citizens within the meaning of this provision. Chief Justice Taney, speaking for the Court, purported to base this... 2004
Molly McDonough No Easy Path to Diversity 3 No. 49 ABA Journal E-Report E-Report 2 (12/17/2004) Time and again, researchers looking at law firm diversity come up with the same startling fact: 75 percent of minority women leave their firms within the first five years. An ABA commission tracking diversity trends highlighted this statistic in its soon-to-be-published report, Miles to Go: Progress of Minorities in the Legal Profession.... 2004
Alfred L. Brophy Norms, Law, and Reparations: the Case of the Ku Klux Klan in 1920s Oklahoma 20 Harvard BlackLetter Law Journal 17 (Spring, 2004) In his posthumously published novel Juneteenth, Ralph Ellison explored life in the Oklahoma of his youth during the 1910s and 1920s. The novel reflects on the life of Bliss, a young boy of ambiguous racial heritage, and his foster-parent, Alonzo Hickman, an African American minister. Bliss is the son of a white woman, who accuses the minister's... 2004
Ricardo Rochetti Not as Easy as Black and White: the Implications of the University of Rio De Janeiro's Quota-based Admissions Policy on Affirmative Action Law in Brazil 37 Vanderbilt Journal of Transnational Law 1423 (November, 2004) Brazil's socio-economic structure has long been characterized by a wide disparity in educational, employment, and wealth-accumulation opportunities available to blacks and whites. In recent years, Brazil's government, at both the federal and state levels, has begun experimenting with affirmative action as a means of rectifying these inequalities.... 2004
Ambassador Delano E. Lewis, Sr. Personal Perspective: a Native Kansan and African-american Relates the Impact of Brown V. Board of Education on His Educational and Professional Journey 43 Washburn Law Journal 375 (Winter 2004) Thank you. It is an honor to be here. It always feels good to come back home. I am truly honored. It is very humbling to be here. I graduated over forty years ago from Washburn Law School. Thank you for allowing me to speak on the impact of Brown on my professional and educational journey. I am a native Kansan and very, very proud of it. Gayle and... 2004
Michelle S. Jacobs Piercing the Prison Uniform of Invisibility for Black Female Inmates 94 Journal of Criminal Law and Criminology 795 (Spring 2004) Paula C. Johnson, Inner Lives: Voices of African American Women in Prison (New York and London: New York University Press, 2003). 339 pp. For professionals working with the issues of women and criminality, the lean years of working without the support of solid empirical data are coming to an end. In the past, professionals working on women and... 2004
Hon. Louis H. Pollak Press Prudence, Nazi Student Orders, and Jim Crow 32 Fordham Urban Law Journal 83 (December, 2004) In this year in which we in the United States take note of the fiftieth anniversary of Brown v. Board of Education, and ponder its enduring significance, Maria Marcus requires us to look abroad, and has made a significant scholarly contribution to the commemorative conversation. She directs our attention to the decision of the Austrian... 2004
Saul Levmore Privatizing Reparations 84 Boston University Law Review 1291 (December, 2004) Introduction. 1291 I. The Re-Emergence of Reparations Claims. 1292 II. Backward and Forward-Looking, Elective Reparations. 1296 III. Individual Decisionmakers and Recipients. 1303 IV. Privatization as a Means of Attracting Majority Support. 1308 V. Summary. 1316 2004
Paul E. Sum, Steven Andrew Light, Ronald F. King Race, Reform, and Desegregation in Mississippi Higher Education: Historically Black Institutions after United States V. Fordice 29 Law and Social Inquiry 403 (Spring 2004) In United States v. Fordice (1992), the Supreme Court recognized the effects of past racial discrimination against historically black institutions (HBIs) in Mississippi. One goal of the $500 million settlement is for HBIs to enroll other-race students. Although the impetus to attract white students falls on HBIs, the response of Mississippi's... 2004
Floyd D. Weatherspoon Racial Profiling of African-american Males: Stopped, Searched, and Stripped of Constitutional Protection 38 John Marshall Law Review 439 (Winter 2004) Every African-American male in this country who drives a vehicle, or has traveled by bus or plane, either knowingly or unknowingly has been the victim of racial profiling by law enforcement officials. Indeed, African-American males are disproportionately targeted, stopped, and searched by law enforcement officials based on race and gender. Those... 2004
Eric J. Miller Reconceiving Reparations: Multiple Strategies in the Reparations Debate 24 Boston College Third World Law Journal 45 (Winter, 2004) Abstract: Much of the current debate over African-American reparations is characterized by a posture of confrontation and demand, and is exemplified in the law by seeking redress using the doctrines of tort and unjust enrichment. This confrontational posture presents a variety of legal, political, and ethical problems for reparations advocates, and... 2004
Lisa A. Crooms Remembering the Days of Slavery: Plantations, Contracts and Reparations 26 University of Hawaii Law Review 405 (Summer, 2004) Do you remember the days of slav'ry? And how they beat us And how they worked us so hard And how they used us Till they refuse us Do you remember the days of slav'ry? Some of us survive Showing them that we are still alive Do you remember the days of slav'ry? History can recall History can recall History can recall the days of slav'ry Oh slav'ry... 2004
Jeremy Sarkin Reparation for past Wrongs: Using Domestic Courts Around the World, Especially the United States, to Pursue African Human Rights Claims 32 International Journal of Legal Information 426 (Summer, 2004) Human rights have never received more attention than at present. All around the world there is new vigor in dealing with gross human rights abuse. As a result, the last ten years have seen major developments in international criminal processes to deal with these issues. Accountability for these violations, a major problem in the past, has improved... 2004
David Lyons Reparations and Equal Opportunity 24 Boston College Third World Law Journal 177 (Winter, 2004) Abstract: This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government's role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores.... 2004
Emily Sherwin Reparations and Unjust Enrichment 84 Boston University Law Review 1443 (December, 2004) Introduction. 1443 I. Reparations as Compensation for Harm. 1444 II. The Doctrinal Appeal of Restitution. 1447 III. The Ethics of Unjust Enrichment. 1454 Conclusion. 1465 2004
Kyle D. Logue Reparations as Redistribution 84 Boston University Law Review 1319 (December, 2004) Introduction. 1319 I. Slavery Reparations as Corrective Justice. 1324 A. Corrective Justice vs. Distributive Justice: The Conceptual Distinction. 1326 B. Corrective Justice vs. Distributive Justice: The Functional Distinction. 1329 C. Corrective Justice vs. Distributive Justice: From Simple Torts, to Toxic Torts, to Reparations. 1332 D. Slavery... 2004
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