| Author | Title | Citation | Summary | Year |
| Jesse K. Souki |
The Forgotten Heroes: Reparations for Victims of Occupied Guam During World War Ii |
1 Seattle Journal for Social Justice 573 (Spring/Summer, 2003) |
So as we were sitting there, someone interrupted and came in and started investigating us, whether we're waiting for the American, whether we love the American. Do you understand the American ain't gonna find nothing but just flies? The September 11, 2001 attacks and the December 7, 1941 air raid on Pearl Harbor are not the only occasions when an... |
2003 |
| Roy Carleton Howell |
The Individuals with Disabilities Education Act (Idea): Reaching the Black Legal Community to Inform Black People of Their Idea Rights |
31 Southern University Law Review 85 (Fall 2003) |
In the 1981 book, Bad Blood: The Tuskegee Syphilis Experiment, the author chronicles an early twentieth century federal government program in Macon County, Alabama where 399 Black men with syphilis were intentionally not treated so the government could gain medical data on serious complications and subsequent death resulting from syphilis. This... |
2003 |
| Aman McLeod, , Ismail K. White , Amelia R. Gavin |
The Locked Ballot Box: the Impact of State Criminal Disenfranchisement Laws on African American Voting Behavior and Implications for Reform |
11 Virginia Journal of Social Policy and the Law 66 (Fall 2003) |
The increasing percentage of the U.S. voting-age population who can no longer vote due to a criminal conviction has many disturbing implications for American democracy. In this article, we examine the impact of state criminal disenfranchisement laws on American electoral behavior, and explain how our findings bolster arguments in favor of repealing... |
2003 |
| Maribeth G. Berlin |
The Shortcomings of the Supreme Court's Viewpoint Discrimination Analysis in Virginia V. Black |
81 Denver University Law Review 143 (2003) |
In 1998, a group of men in Virginia Beach, Virginia, burned a homemade, wooden cross on a black family's lawn. The vengeful act put the family in fear of what would happen next. The family called the police, which led to the arrest and conviction of two men under the state's law against cross burning. However, the convictions were subsequently... |
2003 |
| William C. Kidder |
The Struggle for Access from Sweatt to Grutter: a History of African American, Latino, and American Indian Law School Admissions, 1950-2000 |
19 Harvard BlackLetter Law Journal 1 (Spring, 2003) |
In Grutter v. Bollinger, a challenge to race-conscious affirmative action at the University of Michigan Law School, the Sixth Circuit recently ruled that achieving diversity to enhance education is a compelling governmental interest and that the Michigan Law School's program is narrowly tailored to meet that goal. With the Supreme Court granting... |
2003 |
| Taunya Lovell Banks , Penelope Andrews |
Two "Colored" Women's Conversation about the Relevance of Feminist Law Journals in the Twenty-first Century |
12 Columbia Journal of Gender and Law 498 (2003) |
The invitation to participate in the Columbia Journal of Gender and Law symposium on the relevance of feminist law journals provided an ideal opportunity for us to reassess our collective endeavors as teachers, scholars, and advocates committed to social justice. Feminist methodology and epistemology have been instrumental in shaping our conceptual... |
2003 |
| James L. Swanson |
Unholy Fire: Cross Burning, Symbolic Speech, and the First Amendment Virginia V. Black |
2003 Cato Supreme Court Review 81 (2002-2003) |
Americans love to speak not only through their words, but through expressive conduct, often called symbolic speech. In the twentieth century, people have expressed themselves by displaying the red flag as a symbol of international revolution, by incorporating the Confederate stars and bars battle flag into the official flags of several southern... |
2003 |
| David Horowitz |
Unsavory Black Insinuations: a Reply to David Boyle |
105 West Virginia Law Review 699 (Spring 2003) |
I am not happy with this title and don't for a moment believe that the unsavory insinuations in David Boyle's article (Unsavory White Omissions: A Review of Uncivil Wars) are in any way black, in the sense of being generic to black Americans. My excuse for this verbal excess is to provide an object lesson for an academic audience that is... |
2003 |
| Karen Maxcy |
Virginia V. Black, 123 S. Ct. 1536 (2003) |
35 Urban Lawyer 395 (Spring, 2003) |
The State of Virginia may outlaw cross burning that is carried out with the intent to intimidate because the practice is a particularly virulent form of intimidation. However, Virginia's prima facie provision within the cross burning statute, which permits the conviction of a person solely based on cross burning itself without contextual... |
2003 |
| Bob Carlson |
Why Slavery Reparations Are Good for Civil Procedure Class |
47 Saint Louis University Law Journal 139 (Winter 2003) |
As a 1L, I found much of Civil Procedure class to be mundane and boring. Although Civil Procedure is key to any successful litigation, few that I know in the legal world find it interesting, and it rarely comes up when lawyers discuss their favorite things about law. Rarer still is the attorney who would enjoy nothing more than reading and writing... |
2003 |
| Gregory Kane |
Why the Reparations Movement Should Fail |
3 Margins: Maryland's Law Journal on Race, Religion, Gender, and Class 189 (Spring, 2003) |
In 1865, the abolition of slavery began a new chapter in our country's history. Nearly 140 years later, the controversy over slavery continues as many claim that African-Americans are owed a debt because of slavery's negative effects. These claims have flourished in the form of reparations not only for the benefit of descendants of slaves, but for... |
2003 |
| William Bradford |
With a Very Great Blame on Our Hearts: Reparations, Reconciliation, and an American Indian Plea for Peace with Justice |
27 American Indian Law Review Rev. 1 (2002-2003) |
In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the... |
2003 |
| Laurence C. Nolan |
Yellow: Race in America Beyond Black and White--an Interesting Read for the Great Dissenter in Plessy V. Ferguson |
47 Howard Law Journal 87 (Fall 2003) |
Yellow: Race in America Beyond Black and White, By Frank H. Wu. Basic Books (2002). On the eve of the fiftieth anniversary of Brown v. Board of Education, Professor Frank H. Wu's recent book, Yellow: Race in America Beyond Black and White, is a timely reminder of Plessy v. Ferguson. Plessy issued in the era of the constitutional doctrine of... |
2003 |
| Akhil Reed Amar |
2000 Daniel J. Meador Lecture: Hugo Black and the Hall of Fame |
53 Alabama Law Review 1221 (Summer 2002) |
Baseball fans endlessly debate the comparative statistics of hall-of-famers. Who was the greatest of all time--Babe Ruth or Willie Mays? What about Hank Aaron and Ted Williams (to say nothing of Barry Bonds and Ken Griffey, Jr.)? We law professors play a similar parlor game among ourselves, rating judges and Justices. Who was the greater Chief... |
2002 |
| James Podgers |
A Busy Week |
1 No. 5 ABA Journal E-Report E-Report 2 (2/8/2002) |
Former Detroit Mayor Dennis W. Archer is in line to become the first African-American president of the American Bar Association. Archer was named president-elect nominee last week at the ABA Midyear Meeting in Philadelphia. After the expected confirmation vote by the House of Delegates at the annual meeting this summer, he will take office in... |
2002 |
| Harvey Gee |
A Review of Frank Wu's Renegotiating America's Multi-colored Lines |
5 New York City Law Review 203 (Fall 2002) |
During the mid-1990s, affirmative action and immigration were the most controversial political issues of the day. The fact that both subjects concerned race was perhaps part of the reason for this great fervor. As many Americans reevaluated civil rights policy, especially affirmative action, remarkably, there was virtually no discussion of the... |
2002 |
| Kenneth W. Mack |
A Social History of Everyday Practice: Sadie T.m. Alexander and the Incorporation of Black Women into the American Legal Profession, 1925-1960 |
87 Cornell Law Review 1405 (9/30/2002) |
This Article presents a humanist social history of the everyday professional lives of Sadie T.M. Alexander and her peers at the early twentieth-century black women's bar, contending that a finely-detailed analysis of quotidian law practice reveals the methodological limitations of the reigning interpretations of the history of the American bar... |
2002 |
| Daniel A. Cotter |
A Study of African-american Mayors |
16-JUL CBA Record 45 (June/July, 2002) |
In this compilation of well-footnoted and well-researched essays, the editors and authors of the essays examine the mayoralties of several African Americans over the last 35 years and discuss some of the successes enjoyed and hurdles they have faced in governing their cities. The first victories for African-Americans at the mayoral level came on... |
2002 |
| Elizabeth Via Brown |
African - American Attorneys Assume Top Association Offices |
63 Alabama Lawyer 50 (January, 2002) |
Fred Gray set out to be a minister, but by his senior year in college he knew he wanted to be a lawyer. As a young black man in Montgomery at the end of the 1940s, he didn't know any black attorneys; for that matter, he didn't know any white ones, but, he had heard that lawyers help people and helping his fellow African-Americans was what he wanted... |
2002 |
| R.O. Joe Cassity, Jr. |
African-american Attorneys on the Oklahoma Frontier |
27 Oklahoma City University Law Review 245 (Spring 2002) |
Among the principal legacies enshrined in American frontier heritage, the image of the pioneer lawyer as an embodiment of virtue and vice has endured for over two centuries. Since the opening years of the nineteenth century, American novelists and playwrights have typecast the early lawyer as a figure of critical importance in the formulation of... |
2002 |
| Latonya Slack |
Afternoon Panel: Coalition-based Strategies for Improving Health Access and Outcomes for Underserved Women Featuring Raquel Donoso, Lisa Chiyemi Ikemoto, and Latonya Slack Unheard Voices: Defining Black Women's Advocacy Agenda |
17 Berkeley Women's Law Journal 236 (2002) |
My name is Latonya Slack, and I'm the Director of the California Black Women's Health Project. We're a statewide policy advocacy organization organized to educate and improve the health of Black women and girls in the State of California through education, policy advocacy, and prevention. We are the State arm of the National Black Women's Health... |
2002 |
| Robert W. Tracinski |
America's "Field of the Blackbirds": How the Campaign for Reparations for Slavery Perpetuates Racism |
3 Journal of Law in Society 145 (Winter, 2002) |
Over the past few years, a movement composed of liability lawyers and self-titled civil rights activists have been trying to revive a deservedly obscure idea: the payment of reparations for the injustices committed under slavery. These activists are undeterred by the fact that none of the original victims or villains of slavery are still alive.... |
2002 |
| Judy Yentsun Tseng |
Asian Americans in the Race Paradigm: Yellow: Race in America Beyond Black and White by Frank H. Wu (Book Review) |
10 American University Journal of Gender, Social Policy and the Law 673 (2002) |
Where and how do Asian Americans fit into American society, which for the most part remains racially stratified? What forms of discrimination manifest against Asian Americans, and how can we all work toward creating a more racially equal and harmonious future? Howard University Professor Frank Wu delves into a myriad of contemporary, yet... |
2002 |
| Jon M. Sands |
At the Hands of Persons Unknown: the Lynching of Black America by Philip Dray Random House, New York, Ny, 2002. 528 Pages, $35.00. |
49-AUG Federal Lawyer 51 (August, 2002) |
For approximately a century, lynching was a pervasive and deadly fact of life and death in America. Its time ran from the Civil War in the 1860s to the civil rights movement in the 1960s. Lynching was brutal murder by an organized mob, numbering from the thousands down to just a few, acting outside the law. It was designed to terrorize and to... |
2002 |
| David S. Caudill |
Barely Opening, Then Slamming Shut, Science's "Black Box" in Law: a Response to Beecher-monas's Heuristics |
23 Cardozo Law Review 1795 (May, 2002) |
[S]cientific paradigms are . . . socially constructed through a process of discussion and consensus-building about theories, experimental methods, instrumentation, and validation. This does not make them any less reliable, however. With this statement, Professor Beecher-Monas rises above the science wars, which pitted true believers in a... |
2002 |
| Burton D. Wechsler |
Black and White Disenfranchisement: Populism, Race, and Class |
52 American University Law Review 23 (October, 2002) |
Introduction. 23 I. The 1901 Alabama Suffrage Plan. 30 A. The Permanent Plan. 35 B. The Temporary Plan. 35 II. Protecting the Uneducated White Vote. 39 A. The Minority Report: Opposition to the Grandfather Clause. 43 B. The Short, Unhappy Life of the Alabama Grandfather Clause. 53 C. The Bourbon Majority: Fathers of the Grandfather Clause. 54 There... |
2002 |
| Jeffery M. Brown |
Black Internationalism: Embracing an Economic Paradigm |
23 Michigan Journal of International Law 807 (Summer 2002) |
Introduction. 807 I. Black Internationalism and the Challenges of Globalization. 819 A. Defining Internationalism. 821 B. Black Internationalism: A Conceptual Overview. 823 II. Historical Expressions of Black Internationalism. 827 A. Assessing the Free South African Movement. 828 B. Bananas, Trade, and the Limitations of Pan-Africanism. 832 C. The... |
2002 |
| Charles J. Ogletree, Jr. |
Black Man's Burden: Race and the Death Penalty in America |
81 Oregon Law Review 15 (Spring 2002) |
Nearly 120 years ago, Frederick Douglass, the former slave and great African American leader, described the American criminal justice system as follows: Justice is often painted with bandaged eyes. She is described in forensic eloquence, as utterly blind to wealth or poverty, high or low, white or black, but a mask of iron, however thick, could... |
2002 |
| Deborah Tang |
Black V. Virginia 553 S.e.2d 738 (Va. 2001) |
8 Washington and Lee Race and Ethnic Ancestry Law Journal 179 (Spring, 2002) |
Defendant Barry Elton Black (Black) burned a cross at a Ku Klux Klan rally held on private property with the permission of the owner, following speeches promoting racial, ethnic, and religious bigotry. In a separate incident, Richard J. Elliott (Elliott) and Jonathan O'Mara (O'Mara) attempted to burn a cross in the backyard of an African-... |
2002 |
| |
Bridging the Color Line: the Power of African-american Reparations to Redirect America's Future |
115 Harvard Law Review 1689 (April, 2002) |
America's greatest problem during the twentieth century was the color line; the country appears to wrestle with the same problem in the twenty-first century. After overcoming animosity toward desegregation, America has spent over a half century struggling with affirmative action--facing depressed black enrollment in universities lacking affirmative... |
2002 |
| |
Brief Amicus Curiae of the Black Law Students' Alliance in Support of Defendants-appellants |
8 Michigan Journal of Gender & Law 105 (2002) |
Interest of the Amicus Curiae. 106 Summary. 107 Argument. 109 I. The Equal Protection Clause Should Be Interpreted Consistently With Its One Pervading Purpose . 109 II. Equal Protection Can Not Mean Same Protection Because Underrepresented Minority Applications and White Appicants Are Not Similarly Situated. 111 III. Equal Protection Law Must... |
2002 |
| Louis H. Pollak |
Charles L. Black, Jr. and Civil Rights |
111 Yale Law Journal 1905 (June, 2002) |
Barbara Black has asked that I talk about Charles and civil rights. I've decided that the best way to do that is to let Charles do most of the talking. He always did most of the talking. In 1979, in a reminiscence and rumination that appeared in the Yale Review, Charles looked back twenty-four years to an enchanted evening: In the middle of May... |
2002 |
| Louis H. Pollak |
Charles L. Black, Jr. and Civil Rights |
102 Columbia Law Review 876 (May, 2002) |
Barbara Black has asked that I talk about Charles and civil rights. I've decided that the best way to do that is to let Charles do most of the talking. He always did most of the talking. In 1979, in a reminiscence and rumination that appeared in the Yale Review, Charles looked back twenty-four years to an enchanted evening: In the middle of May... |
2002 |
| Robert A. Sedler |
Claims for Reparations for Racism Undermine the Struggle for Equality |
3 Journal of Law in Society 119 (Winter, 2002) |
My views on the question of reparations for racism are shaped by who I am and what I have done. I am a 66-year-old white law professor and for much of the 40 plus years since my graduation from law school I have been involved in issues of racial equality. I write and speak on the subject extensively and have litigated a considerable of number of... |
2002 |
| Prof. Michael K. Jordan |
Colored People and Affirmative Action: the Colored Man Standing by the Punch Bowl |
5 New York City Law Review 175 (Fall 2002) |
Imagine attending a social gathering where there are a number of people who have never met. You are standing with a group of friends, one of whom is attempting to describe an individual standing across the room. Finally, your friend identifies the individual by saying the person he is talking about is the colored man standing by the punch bowl.... |
2002 |
| Paige A. Fogarty |
Comment: Speculating a Strategy: Suing Insurance Companies to Obtain Legislative Reparations for Slavery |
9 Connecticut Insurance Law Journal 211 (Fall, 2002) |
L1-5,T5INTRODUCTION 212 I. L2-5,T5BACKGROUND 214 A. L3-5,T5Reparations for Slavery: Why now? 214 B. L3-5,T5Previous Ventures Into the Courtroom: An Exercise in Futility 217 1. L4-5,T5Suing the United States: Barred by Statute of Limitations 217 2. L4-5,T5Overcoming the Statute of Limitations but Still Burdened by Sovereign Immunity 217 3.... |
2002 |
| David L. Hudson, Jr. |
Commonwealth of Virginia |
2001-02 Preview of United States Supreme Court Cases 131 (11/29/2002) |
In 1992, the U.S. Supreme Court struck down a St. Paul, Minn., ordinance that prohibited the placing of symbols, such as a burning cross or a Nazi swastika, on another's property for the purpose of arousing anger in others on the basis of race, color, creed, religion, or gender. Now, 10 years later, the Court has agreed to examine a Virginia... |
2002 |
| Mark Tushnet |
Constructing Paternalist Hegemony: Gross, Johnson, and Hadden on Slaves and Masters |
27 Law and Social Inquiry 169 (Winter 2002) |
You know that postmodernism has at least begun to influence the study of slavery in the United States when two important books each talk about the gaze (Johnson, pp. 162, 165; Gross, p. 131). The distance between earlier works and these is, however, smaller than one might think. Both Johnson and Gross are engaged in a conversation about... |
2002 |
| LEONARD S. RUBINOWITZ , IMANI PERRY |
Crimes Without Punishment: White Neighbors' Resistance to Black Entry |
92 Journal of Criminal Law and Criminology 335 (Fall 2001/Winter 2002) |
STEPHEN GRANT MEYER, AS LONG AS THEY DON'T MOVE NEXT DOOR: SEGREGATION AND RACIAL CONFLICT IN AMERICAN NEIGHBORHOODS (ROWMAN & LITTLEFIELD, 2000) 343 PP. Dr. Stephen Meyer has chronicled the history of white resistance to housing integration during the first two-thirds of the twentieth century. From the author's perspective, the book is about... |
2002 |
| Jessica L. Toler |
Dead Canaries: the Struggle of Appalachian Coal Miners to Get Black Lung Benefits |
6 Journal of Gender, Race and Justice 163 (Spring/Summer 2002) |
I. Introduction II. The Life of a Miner A. A Brief History B. Coal Towns C. Swallowed by the Earth D. Dead Canaries III. Injustice and Inadequate Compensation A. ThePeabody Coal Case B. The Workers Compensation Program IV. What This Means For Southern West Virginia V. Conclusion |
2002 |
| Richard Delgado |
Explaining the Rise and Fall of African American Fortunes-interest Convergence and Civil Rights Gains |
37 Harvard Civil Rights-Civil Liberties Law Review 369 (Summer, 2002) |
In 1958, an Alabama court sentenced Jimmy Wilson, a black handyman, to death for the crime of stealing less than two dollars in change. When the world press trumpeted the story, an embarrassed Secretary of State John Foster Dulles intervened and helped overturn Wilson's sentence. A new book by University of Southern California Law Center legal... |
2002 |
| Deleso Alford Washington |
Exploring the Black Wombman's Sphere and the Anti-lynching Crusade of the Early Twentieth Century |
3 Georgetown Journal of Gender and the Law 895 (Summer, 2002) |
This paper will explore the black wombman's intersection of race, class, and sex during the early twentieth century, specifically as it relates to the pursuit of federal anti-lynching legislation. The black wombman's sphere is self-defining, in that she is bone black with a womb, having the ability to create and protect life, both biologically... |
2002 |
| Alberto B. Lopez |
Focusing the Reparations Debate Beyond 1865 |
69 Tennessee Law Review 653 (Spring, 2002) |
Reconstructing the Dreamland: The Tulsa Riot of 1921. By Alfred L. Brophy. New York: Oxford University Press, 2002. xx 187 pages. $25.00. Forty acres and a mule is an emotionally and politically charged phrase that not only evokes disturbing images of slavery's history in our country, but also serves as a reminder that the damage wrought by the... |
2002 |
| Angela Mae Kupenda |
For White Women: Your Blues Ain't like Mine, but We All Hide Our Faces and Cry-literary Illumination for White and Black Sister/friends |
22 Boston College Third World Law Journal 67 (Winter, 2002) |
Abstract: This essay is an experiment, seeking to facilitate honest and less defensive discussion about race and gender. Generally, discussions of race, gender and the law are difficult, but perhaps, the discourse can be facilitated through the lens of literature. My theory is that women are unable to claim a position of power because of divisive... |
2002 |
| Jerlando F.L. Jackson, Ph.D., Micheal T. Snowden, Ph.D., and Suzanne E. Eckes, J.D. |
Fordice as a Window of Opportunity: the Case for Maintaining Historically Black Colleges and Universities (Hbcus) as Predominantly Black Institutions |
161 West's Education Law Reporter Rep. 1 (3/28/2002) |
The landmark higher education desegregation case, United States v. Fordice, was filed more than twentyfive years ago. (See the end of this commentary for a complete legal history of Fordice.) In its 1992 decision, the Supreme Court held that the State of Mississippi had failed to meet its affirmative obligation to dismantle the prior de jure... |
2002 |
| Sidney L. Harring |
German Reparations to the Herero Nation: an Assertion of Herero Nationhood in the Path of Namibian Development? |
104 West Virginia Law Review 393 (Winter 2002) |
I. A CLAIM FOR REPARATIONS. 393 II. THE HERERO WAR: A COLONIAL WAR OF GENOCIDE. 397 III. THE LEGAL BASIS OF THE CLAIM FOR HERERO REPARATIONS. 402 IV. THE POLITICS OF HERERO REPARATIONS IN NAMIBIA. 410 V. CONCLUSION. 414 |
2002 |
| Beverly A. Greene |
Heterosexism and Internalized Racism among African Americans: the Connections and Considerations for African American Lesbians and Bisexual Women: a Clinical Psychological Perspective |
54 Rutgers Law Review 931 (Summer 2002) |
Clinical and counseling psychologists are charged with understanding the nature of human identities, evolution, and forms as a part of their struggle to understand behavior. How much of identity is fixed or fluid and what kinds of things influence how people come to see themselves and others are two of the many questions psychologists raise in... |
2002 |
| Kenneth P. Troccoli |
I Want a Black Lawyer to Represent Me: Addressing a Black Defendant's Concerns with Being Assigned a White Court-appointed Lawyer |
20 Law & Inequality: A Journal of Theory and Practice 1 (Winter 2002) |
[I]n our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him. - The U.S. Supreme Court in Gideon v. Wainwright Beggars can't be choosers. - Old adage I want a Black lawyer to represent me. These are the first words you hear after... |
2002 |
| Carla O'Connor |
I'm Usually the Only Black in My Class: the Human and Social Costs of Within-school Segregation |
8 Michigan Journal of Race and Law 221 (Fall 2002) |
INTRODUCTION. 221 I. Literature Review. 223 A. Summative Interpretation of Literature. 228 II. The Larger Project and Methods of Data Collection. 229 III. The Research Setting. 230 A. The Hillside District. 230 B. Hillside High School. 233 C. School Organization and Practices in the Creation of Black (Academically Non-Competitive) and White... |
2002 |
| Michael Legg |
Indigenous Australians and International Law: Racial Discrimination, Genocide and Reparations |
20 Berkeley Journal of International Law 387 (2002) |
There are aspects of our history of which we are right to be proud and others of which we should properly feel ashamed. Neither should be thought to wash away the other. Even more, we have something new to be ashamed of if we try to deny what else we have to be ashamed of. History once written by the victors is now being reconsidered from the... |
2002 |