AuthorTitleCitationSummaryYear
Naomi Roht-Arriaza Reparations Decisions and Dilemmas 27 Hastings International and Comparative Law Review 157 (Winter 2004) It is a basic maxim of law that harms should be remedied. All legal systems allow for redress of wrongs, in some form. International human rights law is no exception. The International Bill of Rights declares a right to a remedy for violations of human rights. States are obliged to provide remedies for violations, both as a matter of treaty law and... 2004
Penelope E. Andrews Reparations for Apartheid's Victims: the Path to Reconciliation? 53 DePaul Law Review 1155 (Spring 2004) [A]s far as justice is concerned, the real test, in my view, is not so much who gets paid out what, or who goes to jail for how long. The real test is what we do in South Africa to change and transform our country, so that the massive injustices, institutionalized, systemic, which led to the violations, are corrected, that the people who suffered... 2004
Alfred L. Brophy Reparations Talk: Reparations for Slavery and the Tort Law Analogy 24 Boston College Third World Law Journal 81 (Winter, 2004) Abstract: This Article examines the current landscape of reparations for slavery, identifying the contours of reparations lawsuits and exploring the ability of tort law to help apportion moral culpability in the reparations context. It first examines several possibilities for lawsuits for Jim Crow, discussing constitutional requirements and... 2004
Edieth Y. Wu Reparations to African-americans: the Only Remedy for the U.s. Government's Failure to Enforce the 13th, 14th, and 15th Amendments 3 Connecticut Public Interest Law Journal 403 (Spring, 2004) This article takes a hard look at U.S. history: the political, the social, and the legal landscape after the passage of the 13, 14, and 15 Amendments. The author wholeheartedly believes that the Reparations dialogue must continue. Many, including well-educated Americans, are solidly divided on this important issue and have taken the position that... 2004
Eric J. Miller Representing the Race: Standing to Sue in Reparations Lawsuits 20 Harvard BlackLetter Law Journal 91 (Spring, 2004) The fundamental problem raised by reparations, and particularly reparations litigation, is the question of how to apportion responsibility for historical wrongs. The most controversial harm targeted by reparations litigation is the enslavement of Africans and African Americans and the injuries consequent to that enslavement. The task faced by such... 2004
Laverne Lewis Gaskins Review of Black Issues in Higher Education's the Unfinished Agenda of Brown V. Board of Education 31 Journal of College and University Law 239 (2004) Since the U.S. Supreme Court issued its landmark holding in Brown v. Board of Education, (Brown I) the question of striking a balance to cure a history of educational inequity has spawned considerable debate as to the impact of this decision. This year marks the fifty year anniversary of the Brown I opinion, and in conjunction with this... 2004
Alfreda A. Sellers Diamond Serving the Educational Interests of African-american Students at Brown plus Fifty: the Historically Black College or University and Affirmative Action Programs 78 Tulane Law Review 1877 (June, 2004) In this Article, the author examines the impact of the Fourteenth Amendment's Equal Protection Clause on the interests of historically black colleges and universities (HBCUs), African-American students, and other students of color. The Article gauges the value and the survivability of the HBCU, and it critiques the impact of affirmative action... 2004
Taunya Lovell Banks Setting the Record Straight: Maryland's First Black Women Law Graduates 63 Maryland Law Review 752 (2004) Until 1888, twenty years after the ratification of the Fourteenth Amendment, the State of Maryland, by statute, restricted the practice of law to white males. Thus, both race and gender posed insurmountable barriers to black women, white women, and black men who wanted to practice law in Maryland. Yet black and white women and black men did... 2004
Dorothy A. Brown Social Security and Marriage in Black and White 65 Ohio State Law Journal 111 (2004) Social security benefits are available for individuals and their spouses. Spousal benefits, however, are subject to certain limits where spouses also work in the paid labor market. Social security benefits are the greatest for spouses who do not work in the paid labor market and are the least for spouses who contribute roughly half of their... 2004
Calvin Massey Some Thoughts on the Law and Politics of Reparations for Slavery 24 Boston College Third World Law Journal 157 (Winter, 2004) Abstract: This Article examines several legal and political issues raised by reparations for slavery and offers a skeptical appraisal of both the wisdom of reparations and their potential for success. There are a number of legal obstacles to courtroom-based reparations, including the difficulty of proving duty, causation, and damages; technical... 2004
Jaime Lynn Cowley State of Alabama V. Stephenson: the State's Futile Fight Against Hugo Black and the Ku Klux Klan 55 Alabama Law Review 1125 (Summer 2004) After eighty-two years, only a few things are certain about what happened at dusk on a summer day in Birmingham, Alabama. Edwin R. Stephenson, a Methodist minister, approached the rectory of St. Paul's Cathedral, home to Father James E. Coyle. After a brief conversation, Stephenson fired three shots, one of which passed through Coyle's brain,... 2004
Daphne E. Barbee-Wooten T. Mccants Stewart: Hawaii's First Black Lawyer 8-FEB Hawaii Bar Journal 32 (February, 2004) Thomas McCants Stewart, who came from New York in 1898, was the first African American attorney to practice law in Hawaii. The Pacific Commercial Advertiser announced his arrival on November 29, 1898: Mr. T. McCants Stewart, Who is Highly Commended Will Remain in Honolulu T. McCants Stewart, a distinguished Afro-American, who is a thorough-going... 2004
Kim Forde-Mazrui Taking Conservatives Seriously: a Moral Justification for Affirmative Action and Reparations 92 California Law Review 683 (May, 2004) Introduction. 686 I. Corrective Racial Justice: The Prima Facie Case for Societal Responsibility. 694 A. Society Wrongfully Caused Harm. 695 1. The Nature of the Harm. 695 2. The Causal Relationship to Historic Discrimination. 697 B. Society's Obligation to Remedy the Harm. 707 II. Objections to the Prima Facie Case: Problems of Intergenerational... 2004
Eleanor Hicks Teaching African-american Boys in the Mississippi Delta 11 Georgetown Journal on Poverty Law and Policy 367 (Spring, 2004) I first arrived in Hartswood, Mississippi three days before teacher orientation would begin for me at the town's elementary school. It was early August and heat rose in waves off the blacktop. Poised on the Mississippi River, Hartswood is surrounded on three sides by cotton fields, so to arrive there from anywhere in late summer is to journey... 2004
W. Sherman Rogers The Black Quest for Economic Liberty: Legal, Historical, and Related Considerations 48 Howard Law Journal L.J. 1 (Fall 2004) Introduction and Overview. 7 I. The Black Economic Journey From the 1600s to the Civil War. 20 A. Role of Legal Principles in the Economic Journey of African Americans. 20 B. First Black Entrepreneur and Other Pre-Civil War Entrepreneurs. 21 C. Conservative Estimate of the Wealth of the 500,000 Free Blacks Prior to 1860 Approximately $50 Million... 2004
Darlene Clark Hine The Briggs V. Elliott Legacy: Black Culture, Consciousness, and Community Before Brown, 1930-1954 2004 University of Illinois Law Review 1059 (2004) In the years between Emancipation and Brown v. Board of Education, African Americans battled against the inequities in education, health care, and economic opportunities advanced by segregation. In this article, the author discusses the African American community's response to the hostility of white Americans, the fight against Jim Crow oppression,... 2004
Richard A. Epstein The Case Against Black Reparations 84 Boston University Law Review 1177 (December, 2004) Introduction. 1177 I. The Legal Position. 1177 A. Standing. 1179 B. Political Question Doctrine. 1181 C. Statute of Limitations. 1183 II. The Political Dimension. 1187 2004
Alfred L. Brophy The Cultural War over Reparations for Slavery 53 DePaul Law Review 1181 (Spring 2004) American democracy is a most dramatic form of social organization, and in that drama each of us enacts his role by asserting his own and his group's values and traditions against those of his fellow citizens. Indeed, a battle-royal conflict of interests appears to be basic to our conception of freedom, and the drama of democracy proceeds through a... 2004
John L. Newby, II The Fight for the Right to Fight and the Forgotten Negro Protest Movement: the History of Executive Order 9981 and its Effect upon Brown V. Board of Education and Beyond 10 Texas Journal on Civil Liberties & Civil Rights 83 (Winter 2004) The colored man in uniform is expected by the War Department to develop a high morale in a community that offers him nothing but humiliation and mistreatment. . . . The War Department has failed to secure to the colored soldier protection against violence on the part of civilian police and to secure justice in the courts in communities near-by to... 2004
Barbara Stark The Future of the Fourteenth Amendment and International Human Rights Law: the Black Heritage Trail 13 Temple Political & Civil Rights Law Review 557 (Spring 2004) [T]he Amendment was framed by men who possessed differieng views on the great question of the suffrage and who, partly in order to formulate some program of government and partly out of political expediency, papered over the differences with the broad, elastic language of § 1 and left to future interpreters of their Amendment the task of resolving... 2004
Hon. Nathaniel R. Jones The Judicial Betrayal of Blacks--again: the Supreme Court's Destruction of the Hopes Raised by Brown V. Board of Education 32 Fordham Urban Law Journal 109 (December, 2004) On May 17, 1954, the United States Supreme Court handed down its historic decision in Brown v. Board of Education, and almost immediately officials of the National Association for the Advancement of Colored People met in Atlanta, Georgia, to celebrate and to confer. On May 23 and 24, they met to plan for a future filled with hope. With the firm... 2004
Emma Coleman Jordan The Non-monetary Value of Reparations Rhetoric 6 African-American Law and Policy Report 21 (2004) Even among the grizzly archives of lynching and racial violence following the Civil War, some stories stand out. New Year's Day, 1923, marked the beginning of a six-day racial rampage that wiped out the homes of thirty black families living in the small, gulf coast town of Rosewood, Florida. Minnie Nitemy was nine years old, and her cousin, Ruth... 2004
Terrion L. Williamson The Plight of "Nappy-headed" Indians: the Role of Tribal Sovereignty in the Systematic Discrimination Against Black Freedmen by the Federal Government and Native American Tribes 10 Michigan Journal of Race and Law 233 (Fall 2004) INTRODUCTION. 234 I. Background. 237 A. Freedmen Within the Seminole Nation. 237 B. Davis v. United States. 239 C. Freedmen Within the Cherokee, Creek, Choctaw, and Chickasaw Nations. 240 1. Cherokee Freedmen. 240 2. Creek Freedmen. 241 3. Choctaw and Chickasaw Freedmen. 242 D. The Legacy of Slavery in the United States. 243 1. Remnants of Slavery.... 2004
Trevor Gardner II The Political Delinquent: Crime, Deviance, and Resistance in Black America 20 Harvard BlackLetter Law Journal 141 (Spring, 2004) This Article is largely an argument that the pervasive sense of cultural resistance in the African American community must be considered by criminal theorists as, at least, a partial explanation of criminality within the African American community. Woven into the fabric of African American culture is a vital oppositional element. This element,... 2004
Dorothy E. Roberts The Social and Moral Cost of Mass Incarceration in African American Communities 56 Stanford Law Review 1271 (April, 2004) Introduction: Reframing the Issue of Race and Imprisonment. 1272 A. The Distinctive Features of African American Mass Incarceration. 1274 1. Total numbers incarcerated.. 1274 2. Rate of incarceration.. 1274 3. The spatial concentration of incarceration.. 1275 B. The New Direction of Prison Research. 1276 1. Assessing the harm of mass incarceration... 2004
David Hall The Spirit of Reparation 24 Boston College Third World Law Journal 1 (Winter, 2004) Abstract: This Article, the author of which presented the opening and closing remarks and served as moderator for the Boston College Third World Law Journal' s reparations symposium, explores reparations for slavery from a spiritual perspective. It briefly traces the history of reparations for African Americans, beginning with General William... 2004
Ali A. Mazrui The Truth Between Reparation and Reconciliation: the Pretoria - Nairobi Axis 10 Buffalo Human Rights Law Review Rev. 3 (2004) As the apartheid political order was coming to an end in South Africa, the country faced three alternative scenarios I: The Nuremberg option: This was the theoretical concept of trying and punishing the worst offenders against humanity and civilized standards. In 1945-46 the Nuremberg process tried and sentenced Nazi war criminals and those who... 2004
John Valery White The Turner Thesis, Black Migration, and the (Misapplied) Immigrant Explanation of Black Inequality 5 Nevada Law Journal L.J. 6 (Fall 2004) Underlying most debates of racial inequality is the tacit reference to the Immigrant Tale, a story of natural class ascension of immigrant groups in the land of opportunity. This tale is affirming, celebrating the assimilation of ethnic immigrants in the American melting pot. It is also optimistic, implying social integration and economic... 2004
Waldo E. Martin, Jr. Through the Prism of Brown: Black Memory, Identity, and History 47 Howard Law Journal 851 (Spring 2004) It was springtime 1947, shortly before Easter. Nattily clad sisters-in-law, Mildred Shelton and Nettie Foxx-Martin, were in downtown Greensboro, North Carolina, looking for hats to complete their Easter outfits. As they went from store to store, they increasingly became dissatisfied with the quality and selection of hats they saw. They decided to... 2004
Alfreda Robinson Troubling "Settled" Waters: the Opportunity and Peril of African-american Reparations 24 Boston College Third World Law Journal 139 (Winter, 2004) Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... 2004
Charles J. Ogletree, Jr. Tulsa Reparations: the Survivors' Story 24 Boston College Third World Law Journal 13 (Winter, 2004) Abstract: This Article explores the ability of reparations litigation to transform the American debate about race by promoting interest convergence between reparations advocates and the majority population. As Professor Derrick Bell has argued, only when the interests of the majority converge with those of the minority will the minority achieve... 2004
  Underenfranchisement: Black Voters and the Presidential Nomination Process 117 Harvard Law Review 2318 (May, 2004) In 1968, Hubert Humphrey secured the Democratic presidential nomination without entering any of the fifteen primary contests held that year. The notorious Chicago convention that culminated in Humphrey's nomination revealed deep cleavages within the party over the Vietnam War and President Lyndon Johnson's Great Society programs. Along with the... 2004
Robyn Whipple Diaz Unequal Access: the Crisis of Health Care Inequality for Low-income African-american Residents of the District of Columbia 7 Journal of Health Care Law and Policy 120 (2004) There is a health care crisis in our city.when the life expectancy of our African-American men is 10 years less than the rest of America, and when this country's highest rates of infant mortality, diabetes, and HIV infection are in our own backyard, it is time to fix health care in Washington.Mayor Anthony A. Williams Of all forms of... 2004
Angela R. Ernst Virginia V. Black, 123 S. Ct. 1536 (2003) 10 Washington and Lee Race and Ethnic Ancestry Law Journal 131 (Spring, 2004) On August 22, 1998, respondent Barry Black led a Ku Klux Klan rally on private property with the owner's permission. At the conclusion of the rally, the crowd burned a large cross several hundred yards from a road. Rebecca Sechrist, who watched the rally, reported that the cross-burning caused her to feel awful and terrible. A sheriff arrested... 2004
Paul L. Caron , Rafael Gely What Law Schools Can Learn from Billy Beane and the Oakland Athletics 82 Texas Law Review 1483 (May, 2004) In Moneyball, Michael Lewis writes about a story with which he fell in love, a story about professional baseball and the people that play it. A surprising number of books and articles have been written by law professors who have had long love affairs with baseball. These books and articles are a two-way street, with baseball and law each informing... 2004
Antoinette Greenaway When Neutral Policies Aren't So Neutral: Increasing Incarceration Rates and the Effect of the Adoption and Safe Families Act of 1997 on the Parental Rights of African-american Women 17 National Black Law Journal 247 (2003-2004) About a hundred years ago, one of the most famous of all graduates of Harvard University, W.E.B. DuBois, in what is probably his most famous book, The Souls of Black Folk, wrote what is probably his single most famous line: The problem of the twentieth century is the problem of the color-line. What metaphor would DuBois use if he were writing... 2004
Jason M. Murray White Ritual & Black Magic: Playing the Race Card 31 No. 1 Litigation 13 (Fall, 2004) Performing ceremonial rites Hands holding black sticks Pour black gold from sacred vessels While black boots stomp in frenzied dance Constant rubbing and striking Columns of black smoke rise From a black paved furnace Before the priest's black robe In the midst of a fiery furnace Precious white metals Refuse to yield white impurities As white ashes... 2004
F. Michael Higginbotham A Dream Revived: the Rise of the Black Reparations Movement 58 New York University Annual Survey of American Law 447 (2003) It is a pleasure to provide an introduction for a conference on the black reparations movement for two reasons. First, much has been written recently about the rise of the black reparations movement and the theoretical aspects of black reparations, but there has been little focus on comparative or practical considerations. This symposium issue... 2003
Emma Coleman Jordan A History Lesson: Reparations for What? 58 New York University Annual Survey of American Law 557 (2003) A major difficulty facing the reparations-for-slavery movement is that to date the movement has focused its litigation strategies and its rhetorical effort upon the institution of slavery. While slavery is the root of modern racism, it suffers many defects as the centerpiece of a reparations litigation strategy. The most important difficulty is... 2003
  A Year of Firsts 50 Louisiana Bar Journal 434 (April/May, 2003) Boyle Becomes New Orleans Bar Association President By Marta-Ann Schnabel I look at this time and our role in the bar as a bridge between two different centuries of bar leadership, bar involvement. In order to continue to grow, to improve, to represent our community, we can't just look at and celebrate the past; we can't just live in the present;... 2003
Albert Mosley Affirmative Action as a Form of Reparations 33 University of Memphis Law Review 353 (Winter, 2003) I. Introduction. 353 II. Affirmative Action and Its Role as Compensation for Past Racial Discrimination. 355 III. Conclusion. 363 2003
Otis B. Grant African American College Football Players and the Dilemma of Exploitation, Racism and Education: a Socio-economic Analysis of Sports Law 24 Whittier Law Review 645 (Spring 2003) This article examines whether the current rules, regulations, and policies of the National Collegiate Athletic Association (NCAA) perpetuate the exploitation of student-athletes who are given athletic scholarships to play on intercollegiate football teams. This article contends that colleges that grant full athletic scholarships exploit football... 2003
Phyliss Craig-Taylor African-american Farmers and the Fight for Survival: the Continuing Examination for Insights into the Historical Genesis of this Dilemma 26 North Carolina Central Law Journal 21 (Fall 2003) The African-American land loss syndrome is a statistically confirmed reality. From the days of slavery with all of its inhumaneness, our nation has had difficulties in fairly addressing issues of race. It is more accurate to state that racism and discrimination have predominated the American interracial landscape. One of the pitfalls in the... 2003
Kevin D. Brown African-americans Within the Context of International Oppression 17 Temple International and Comparative Law Journal 1 (Spring 2003) There is a philosophy woven into this comment. Life is lived through conflicting and competing systems of meaning, which provide alternative explanations of the world around us. Phenomena that force themselves into our consciousness must be comprehended in order for them to make sense. To understand and experience something, it must be... 2003
John O. Calmore Airing Dirty Laundry: Disputes among Privileged Blacks--from Clarence Thomas to "The Law School Five" 46 Howard Law Journal 175 (Winter 2003) To get from one day to the next, all competent members of society must be able to act, interact, and understand the meaning of what they do. -- Ira J. Cohen [T]he problem of the law-room is the order of things in the social hierarchy. The problem is connected to the power relationship between the people on the top and the people on the bottom. The... 2003
Peter Wallenstein, Virginia Polytechnic Institute and State University Alfred L. Brophy, Reconstructing the Dreamland: the Tulsa Riot of 1921-race, Reparations, and Reconciliation, New York: Oxford University Press, 2002. Pp. Xx + 187. $25.00 (Isbn 0-19-514685-9) 21 Law and History Review 638 (Fall, 2003) During the evening of May 31, 1921concerned that a young black man, Dick Rowland, was likely to be taken from his Oklahoma jail and lynchedthree carloads of armed black men (among them veterans of the Great War) made their way from Greenwood, the black section of Tulsa, downtown to the courthouse. Crowds gathered, and a shot rang out, touching... 2003
Eric K. Yamamoto , Susan K. Serrano , Michelle Natividad Rodriguez American Racial Justice on Trial--again: African American Reparations, Human Rights, and the War on Terror 101 Michigan Law Review 1269 (March, 2003) Few questions challenge us to consider 380 years of history all at once, to tunnel inside our souls to discover what we truly believe about race and equality and the value of human suffering. --Kevin Merida (on African American reparations) Secretary of State Colin L. Powell said today that terrorists can only be attacked from the highest moral... 2003
  Amici Curiae Brief to the United States Supreme Court on Behalf of the University of Michigan Asian Pacific American Law Students Association, Black Law Students' Alliance, Latino Law Students Association, and Native American Law Students Association, in 10 Michigan Journal of Gender & Law L. 1 (2003) Editorial Introduction. 2 Biographies of Student Contributors. 3 Brief of the University of Michigan Asian Pacific American Law Students Association, Black Law Students' Alliance, Latino Law Students Association, and Native American Law Students Association as Amici Curiae in Support of Respondents in Grutter v. Bollinger, et. al.. 7 I. Interest of... 2003
Hanes Walton, Jr., Cheryl M. Miller, Joseph McCormick, II An African-american Commemorative Law: National Freedom Day Enactment and Presidents Franklin D. Roosevelt and Harry S. Truman 6 Howard Scroll: The Social Justice Law Review 89 (Fall, 2003) The proposal for a commemorative holiday for the observance of the Emancipation Proclamation was an agenda item placed before two presidents over the 1941-1949 time period. In response to strong policy entrepreneurship by a pressure group, presidents Franklin Roosevelt and Harry Truman played similar roles as this idea moved from policy proposal to... 2003
Lenese C. Herbert Bête Noire: How Race-based Policing Threatens National Security 9 Michigan Journal of Race and Law 149 (Fall 2003) FOREWORD. 150 INTRODUCTION. 155 I. Couverture: The Fourth Amendment: Doctrine of the Free. 159 II. Excluez: The Face of Those not yet Unseen -- African Americans and the Black Bill of Rights. 163 A. Slavery, Violence, and the Institution of Slavery. 164 B. Policing Freedmen. 168 C. Petit Apartheid: Policing Them Not Us . 170 III.... 2003
26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43