AuthorTitleCitationSummaryYear
Victoria Bynum, Southwest Texas State University Jane Dailey, Before Jim Crow: the Politics of Race in Postemancipation Virginia, Chapel Hill: University of North Carolina Press, 2000. Pp. Ix + 278. $39.95 Cloth (Isbn 0-8078-2587-5), 17.95 Paper (Isbn 0-8078-4901-4). 20 Law and History Review 655 (Fall, 2002) Before Jim Crow, a study of the Readjustor political movement in postCivil War Virginia, is also a study of nineteenth-century ideas about race and gender, and one brimming with theoretical insights and intellectual wit. Jane Dailey carefully traces the interconnections between society's political and social spheres, while analyzing the unstable... 2002
Kate Marquess Judge Blasts 8th Circuit's 'Disrespect' 1 No. 31 ABA Journal E-Report E-Report 6 (8/16/2002) U.S. District Judge Charles A. Shaw has issued a scathing criticism of the St. Louis-based 8th U.S. Circuit Court of Appeals, charging disrespect and race-based decision-making in an opinion reversing one of his rulings. The case involves a white police officer who sued the St. Louis Board of Police Commissioners for violation of substantive due... 2002
Zachary R. Morgan, Brown University Kim D. Butler, Freedoms Given, Freedoms Won: Afro-brazilians in Post-abolition Sao Paulo and Salvador, New Brunswick: Rutgers University Press, 1998. Pp. Xiv + 285. $59.00, Cloth (Isbn 0-8135-2503-9); $22.00, Paper (Isbn 0-8135-2504-7). 20 Law and History Review 213 (Spring, 2002) Historical studies of Brazil's population of African descent during the First Republic (1889-1930) have been limited by the striking decline in the number of sources as compared to the records kept during the Brazilian Empire (1822-1889). Soon after Brazil's abolition of slavery in 1888, institutional documents such as birth, marriage, baptism, and... 2002
Bill Ezzell Laws of Racial Identification and Racial Purity in Nazi Germany and the United States: Did Jim Crow Write the Laws That Spawned the Holocaust? 30 Southern University Law Review Rev. 1 (Fall, 2002) We are now parading and bawling . against racial discrimination [in Nazi Germany], and yet there is no people that more flagrantly practices it than our own. Judge John Bassett Moore, 1939. In 1919, the legislature of the state of Alabama decided that a Workmen's Compensation statute was needed for the citizens of that state, and the lawmakers... 2002
Lino A. Graglia Losing the Race: Self-sabotage in Black America. By John H. Mcwhorter. New York: the Free Press, 2000. Pp. Xv, 285. $24.00. 80 Texas Law Review 933 (March, 2002) Our nation was born in glory, founded on a Constitution written by demi-gods, Jefferson said, but also perhaps in sin, on a Constitution recognizing and protecting human slavery. Race was an essential cause of our transforming national event, an internecine conflict costing the lives of over 620,000 American men, more than in all our other wars... 2002
Alfred L. Brophy Losing the Race: Self-sabotage in Black America. By John H. Mcwhorter. New York: the Free Press, 2000. Pp. Xv, 285. $24.00. 80 Texas Law Review 911 (March, 2002) Professor John H. McWhorter inhabits a strange world. Professor McWhorter, one of the leading linguistics scholars in this country, first came to national prominence in the Ebonics debate of the late 1990s. He argued the controversial--but understandable --position that Oakland schools should make no accommodation for children who came from homes... 2002
Mark Kittrell Love on Trial: an American Scandal in Black and White 4 Journal of Law and Family Studies 331 (2002) The problem of the twentieth century is the problem of the color line. -W.E.B. DuBois The U.S. Census Bureau tackled the problem of the color line with its first survey in the twenty-first century. The latest U.S. Census questionnaire allowed individuals to take a check all that apply approach when identifying their racial background. The... 2002
Joseph Cudjoe, Ph.D. , Tony A. Barringer, Ed.D. More than Mere Ripples: the Interwoven Complexity of Female Incarceration and the African-american Family 2 Margins: Maryland's Law Journal on Race, Religion, Gender, and Class 265 (Fall, 2002) An emerging theme in the United States prison system is the unprecedented growth of its inmate population. With an inmate population of nearly two million, the United States leads the industrialized world in its number of prisoners. The increasing prison population is evident at all levels of government, federal, state, and local. Masked by this... 2002
Lisa R. Pruitt No Black Names on the Letterhead? Efficient Discrimination and the South African Legal Profession 23 Michigan Journal of International Law 545 (Spring 2002) Introduction. 547 I. A Brief History of 20th Century South Africa. 553 II. The Legal Profession During Apartheid. 561 III. The Post-Apartheid Legal Profession. 573 A. Reform in Legal Education and Regulation of the Profession. 573 B. Racial Demographics. 576 C. Elite Law Firms. 579 D. The Emergence of Black Commercial Firms. 585 IV. Theoretical... 2002
Khiara M. Bridges On the Commodification of the Black Female Body: the Critical Implications of the Alienability of Fetal Tissue 102 Columbia Law Review 123 (January, 2002) Recent scientific experimentation has revealed that fetal tissue yielded from abortions has remarkable therapeutic value. This Note posits that the demand for fetal tissue likely will expand to the point where the current supply no longer satisfies it. Therefore, in order to obtain tissue from women who would not otherwise donate their abortuses,... 2002
Wendy B. Davis Out of the Black Hole: Reclaiming the Crown of King Coal 51 American University Law Review 905 (June, 2002) Introduction. 906 I. History. 908 A. Severance of Mineral Rights. 909 B. Nominal Amounts Paid for Mineral Rights. 912 C. Mining Begins.. 914 D. Futility of Lawsuit against Coal Operators. 916 II. Extent of Mining Rights. 917 III. Right to Strip Mine. 922 IV. Subsistence. 928 A. Kentucky.. 931 B. Tennessee. 933 C. Virginia. 933 D. West Virginia. 936... 2002
Van B. Luong Political Interest Convergence: African American Reparations and the Image of American Democracy 25 University of Hawaii Law Review 253 (Winter, 2002) [W]ith firmness in the right . . . let us strive on to finish the work we are in, to bind up the nation's wounds . . . to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations. Abraham Lincoln, 1865. A 1998 census report revealed that the living conditions of African Americans fell far below that of... 2002
Wilbur C. Rich Putting Black Kids into a Trick Bag: Anatomizing the Inner-city Public School Reform 8 Michigan Journal of Race and Law 159 (Fall 2002) This Article is based in part on remarks presented at the Separate but Unequal: The Status of America's Public Schools Symposium, University of Michigan Law School, February 8-9, 2002. INTRODUCTION. 159 I. The Promise of Brown161 II. The Effects of White Flight. 165 III. Why School Desegregation Failed. 168 IV. The Search for Alternatives. 170 A.... 2002
Michele Goodwin Race & Urban Health: Confronting a New Frontier 5 DePaul Journal of Health Care Law 181 (Summer 2002) Scholars from across the country have recently been involved with the Health Law Institute at the DePaul University College of Law as we begin to critically study the implications of urban health care issues in America. We recognize that those who live and work in urban environments face an array of unique health and access problems and that those... 2002
Cynthia G. Hawkins-León , Carla Bradley Race and Transracial Adoption: the Answer Is Neither Simply Black or White Nor Right or Wrong 51 Catholic University Law Review 1227 (Summer, 2002) I. L2-4Parameters of the Foster Care Crisis: Statistics II. L2-4The Phenomenon of Transracial Adoption A. L3-4History 1. The 1904 Arizona Orphan Train: The Wrong Way on a One-Way Track 2. Transracial Adoption in Modern Times B. L3-4Federal Statutory Framework 1. The Multi-Ethnic Placement Act of 1994 and the Removal of Barriers to Interethnic... 2002
Mary Jo Wiggins Race, Class, and Suburbia: the Modern Black Suburb as a 'Race-making Situation' 35 University of Michigan Journal of Law Reform 749 (Summer 2002) In her Article, Professor Wiggins discusses the complex social phenomenon of Black suburbanization, focusing on the commercial disinvestment in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black... 2002
Kenneth B. Nunn Race, Crime and the Pool of Surplus Criminality: or Why the 'War on Drugs' Was a 'War on Blacks' 6 Journal of Gender, Race and Justice 381 (Fall 2002) The War on Drugs has had a devastating effect on African American communities nationwide. Throughout the drug war, African Americans have been disproportionately investigated, detained, searched, arrested and charged with the use, possession and sale of illegal drugs. Vast numbers of African Americans have been jailed and imprisoned pursuant to the... 2002
Christian Tomuschat Reparation for Victims of Grave Human Rights Violations 10 Tulane Journal of International and Comparative Law 157 (Spring 2002) I. Introduction. 157 II. New Trends. 158 III. The Balance Sheet. 161 A. International Instruments. 161 B. International Customary Law. 173 IV. The Underpinnings of the Applicable Regime of International Law. 174 A. Necessary Distinctions. 174 B. Internal Conflict. 175 C. International Armed Conflict. 176 D. Assessment. 180 V. Claims under... 2002
Robert Westley Reparations and Symbiosis: Reclaiming the Remedial Focus 71 UMKC Law Review 419 (Winter 2002) The metaphors that a society uses to describe injustice matter to the extent that they inform remedial responses to the unjust, motivate political resistance, and construct identity narratives for actors caught up in the web of social relations. Racism is a powerful metaphor of injustice that crosses multiple social boundaries. Sexism is another... 2002
Ediberto Roman Reparations and the Colonial Dilemma: the Insurmountable Hurdles and Yet Transformative Benefits 13 Berkeley La Raza Law Journal 369 (Fall 2002) The Seventh Annual Latina and Latino Critical Race Theory (LatCrit) Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the... 2002
Watson Branch Reparations for Slavery: a Dream Deferred 3 San Diego International Law Journal 177 (2002) I. Models for Reparations for Slavery. 179 II. Slavery in America. 182 III. The Historical Record. 183 IV. The Present Situation. 187 V. The Case for Black Reparations Redux. 194 What happens to a dream deferred? Does it dry up like a raisin in the sun? . . . . . . . . Or does it explode? Langston Hughes Harlem When the year began, the prediction... 2002
Margalynne Armstrong Reparations Litigation: What about Unjust Enrichment? 81 Oregon Law Review 771 (Fall 2002) In Cato v. United States, the Court of Appeals for the Ninth Circuit affirmed the district court's dismissal of a suit seeking damages and an apology for the enslavement of African Americans. The court held: Discrimination and bigotry of any type is intolerable, and the enslavement of Africans by this Country is inexcusable. This Court, however, is... 2002
Pedro A. Malavet Reparations Theory and Postcolonial Puerto Rico: Some Preliminary Thoughts 13 Berkeley La Raza Law Journal 387 (Fall 2002) Introduction: Why Are You Here?. 387 I. Rotating Centers in the Reparations Discourse: The Sensitive Matter of Race. 393 II. Reparations Theory Through a LatCrit Lens. 399 A. The Legislation-Litigation Paradox for Reparations. 399 B. Constructing a LatCritical Meaning for Reparations. 404 C. Re/Creating Citizenship for Oppressed Groups Through... 2002
Meaghan N. Duff, Western Kentucky University Robert Olwell, Masters, Slaves, and Subjects: the Culture of Power in the South Carolina Low Country, 1740-1790, Ithaca: Cornell University Press, 1998. Pp. Xviii + 294. $52.50 Cloth (Isbn 0-8014-3488-2); $17.95 Paper (Isbn: 0-8014-8491-x). 20 Law and History Review 407 (Summer, 2002) In this elegant and thoughtful book, Robert Olwell aims to illuminate the complex interrelationship between Kings & Slaves, colonialism and slavery, in one early American slave society: the mid-eighteenth-century South Carolina low country (3). He begins with the assertions that slavery was from the start a colonial institution and, more... 2002
Lis Wiehl Sounding Black in the Courtroom: Court-sanctioned Racial Stereotyping 18 Harvard BlackLetter Law Journal 185 (Spring, 2002) The Kentucky Supreme Court recently upheld the conviction of a black man for selling crack cocaine based on the testimony of a white police officer, who stated that an unknown voice on an audio tape sounded like a black malethe defendant. The officer had never met or seen the defendant before trial. This Article argues that the decision is an... 2002
Andrew Brownstein Suits Bring Debate over Slavery Reparations into the Courtroom 38-DEC Trial 68 (December, 2002) Under normal circumstances, four suits brought recently against J.P. Morgan Chase & Co., R.J. Reynolds Tobacco Holdings Inc., and other corporate giants would not have caused the companies significant alarm. The cases had the sort of elements defense lawyers love: alleged actions more than a hundred years old; no living witnesses or victims... 2002
Ryan Michael Spitzer The African Holocaust: Should Europe Pay Reparations to Africa for Colonialism and Slavery? 35 Vanderbilt Journal of Transnational Law 1313 (October, 2002) For many people of European descent, slavery is little more than an unpleasant memory of a bygone and distant era, largely remembered more for the glory of empires lost and faded dreams of conquest and exploration. For many Africans and African Americans, however, slavery remains an unhealed wound that is frequently, if not constantly, reopened by... 2002
Jeffrey O'Connell , Thomas E. O'Connell The Comparable Roles in Social Legislation and Civil Rights of a Conventional Jewish Female and an Unconventional Black Homosexual Male: Belle Moskowitz and Bayard Rustin 55 SMU Law Review 1641 (Fall 2002) IT would be hard to find two twentieth century figures who at first glance were more dissimilar than Belle Moskowitz and Bayard Rustin. She was a proper, discreet dignified, family-oriented, New York Jewess; he a black, irreverent proudly-open gay, bon vivant. The family background of Moskowitz (neé Lindner) was solid, bourgeois, conventional;... 2002
Donna B. McElroy, Esq. The Consideration of Race in Child Placement: Does it Serve the Best Interests of Black and Biracial Children? 2 Margins: Maryland's Law Journal on Race, Religion, Gender, and Class 231 (Fall, 2002) Every day, in every corner of America, we are redrawing the color lines and redefining what race really means. It's not just a matter of black and white anymore; the nuances of brown and yellow and red mean more -- and less -- than ever. In a Newsweek special report, the editors explored an issue they believe will shape the twenty-first century - a... 2002
DAVID J. TREVINO The Currency of Reparations: Affirmative Action in College Admissions 4 Scholar: St. Mary's Law Review on Minority Issues 439 (Spring 2002) I. Prologue-Ignacious and Reilly. 440 II. Introduction-What Position Do Minorities Occupy in the Social, Political, and Educational Strata?. 441 III. Hopwood v. Texas-The Decline of Bakke. 442 IV. Doctrinal Framework-Basic Information and Background. 445 V. Bakke-The Genesis of Racial Diversity as a Compelling Governmental Interest. 449 VI. Gratz &... 2002
Adjoa A. Aiyetoro The Development of the Movement for Reparations for African Descendants 3 Journal of Law in Society 133 (Winter, 2002) The current movement for reparations for African descendants in the United States has its roots in the enslavement of African peoples. This demand for reparations has its ebbs and tides in terms of the numbers actively supporting it. There was a peak in the movement in the 1890s, resulting in the formation of the Ex-Slave Mutual Relief, Bounty &... 2002
Anthony T. Kronman The Genius of Charles Black 102 Columbia Law Review 899 (May, 2002) Before he was a lawyer, and after he became one, Charles Black was a reader of the classics. As a student at the University of Texas in the 1930s, he studied Greek and Latin and read the ancient authors. In later years he reread them, with profit and delight, happy in their company as one is happy with old friends. I remember Charles telling me,... 2002
Anthony T. Kronman The Genius of Charles Black 111 Yale Law Journal 1931 (June, 2002) Before he was a lawyer, and after he became one, Charles Black was a reader of the classics. As a student at the University of Texas in the 1930s, he studied Greek and Latin and read the ancient authors. In later years he reread them, with profit and delight, happy in their company as one is happy with old friends. I remember Charles telling me,... 2002
Sylvia R. Lazos Vargas The Latina/o and Apia Vote Post-2000: What Does it Mean to Move Beyond "Black and White" Politics? 81 Oregon Law Review 783 (Winter 2002) LatCrit 2002 took place at an auspicious political juncture, a year and a half after the fateful Bush v. Gore decision, which broke a virtual electoral tie in favor of the Republican presidential candidate, and six months prior to the 2002 November midterm elections, in which Republicans swept into power in both houses of Congress, breaking... 2002
Lindsay Glauner The Need for Accountability and Reparation: 1830-1976 the United States Government's Role in the Promotion, Implementation, and Execution of the Crime of Genocide Against Native Americans 51 DePaul Law Review 911 (Spring 2002) The opposite of love is not hate; it's indifference. The opposite of art is not ugliness; it's indifference. The opposite of faith is not heresy; it's indifference. The opposite of life is not death; it's indifference. Because of indifference, one dies before one actually dies. Elie Wiesel. On September 8, 2000, the head of the Bureau of Indian... 2002
Theresa Glennon The Stuart Rome Lecture Knocking Against the Rocks: Evaluating Institutional Practices and the African American Boy 5 Journal of Health Care Law and Policy 10 (2002) A Frisky Child Knocks His Face Against the Rocks. The media portrays young black men as dangerous, hostile and out of control. While many African American boys do succeed, statistics about black youth reveal serious achievement gaps between them and their Caucasian counterparts in school and high rates of arrest and referral to juvenile court.... 2002
Alfred L. Brophy The World of Reparations: Slavery Reparations in Historical Perspective 3 Journal of Law in Society 105 (Winter, 2002) We are hearing a lot about the case for reparations these daysreparations for Japanese-Americans interned by the United States during World War II, victims of the Nazi holocaust, Native American property losses. We are also hearing about many forms of reparationsdirect cash payments, apologies, truth commissions. And now we are hearing much about... 2002
Kristin Booth Glen When and Where We Enter: Rethinking Admission to the Legal Profession 102 Columbia Law Review 1696 (October, 2002) This essay uses several lenses, including professionalism, lawyer competence, and widespread concern about high stakes testing to question why the bar examination should be virtually the only means of admission to the profession. Drawing on two major criticisms of the existing bar exam regime--that it tests only a few of the ten lawyering skills... 2002
Joe R. Feagin White Supremacy and Mexican Americans: Rethinking the "Black-white Paradigm" 54 Rutgers Law Review 959 (Summer 2002) In May 1990, three white men in suburban San Diego were drinking beer. After a while, one said he wanted to shoot some aliens. From a house on the United States-Mexico border, one man, using a high-powered rifle, shot and killed a twelve-year-old Mexican youngster attempting to cross the border. The man was sentenced only to two years in jail for... 2002
Sonia Gipson Rankin Why They Won't Take the Money: Black Grandparents and the Success of Informal Kinship Care 10 Elder Law Journal 153 (2002) In this note, Ms. Gipson Rankin discusses kinship care as an alternative to placing children into foster care. For generations, particularly in the Black community, grandparents and other older relatives have played a crucial role in raising the children of younger relatives when they have become unable or unwilling to raise the children... 2002
Michelle E. Lyons World Conference Against Racism: New Avenues for Slavery Reparations? 35 Vanderbilt Journal of Transnational Law 1235 (October, 2002) The reparations movement has had a long and tumultuous history, as past attempts to obtain equitable relief have failed through common law, international law, legislation, and constitutional law. However, recent developments in these areas have pushed the reparations movement to the forefront. For example, Farmer-Paellmann v. Fleetboston Financial... 2002
Elbert Lin Yellow Is Yellow 20 Yale Law and Policy Review 529 (2002) I am an American. I was born in New York City and raised in America's heartland. I grew up playing with G.I. Joe, camped in front of Saturday morning cartoons, and eating Thin Mints. I was in little league and park district soccer. I said the pledge of allegiance every day in elementary school; I watched the fireworks every Fourth of July; and when... 2002
Joan Tarpley A Comment on Justice O'connor's Quest for Power and its Impact on African American Wealth 53 South Carolina Law Review 117 (Fall 2001) I. Introduction. 117 II. The Affirmative Action Decisions. 120 A. Cases. 122 B. Causes. 127 C. African American Wealth. 131 III. The Politician at Work. 136 A. The Battles. 136 B. Power Politics at Grass Roots Extremity. 139 C. A Theoretical Analysis of O'Connor's Quest for Power. 144 IV. Conclusion. 147 2001
Katharine Inglis Butler A Functional Analysis of Potential Voting Rights Act Liability May Demonstrate That the Intentional Creation of Black Remedial Districts Cannot Be Justified 79 North Carolina Law Review 1431 (June, 2001) Professors Grofman, Handley, and Lublin's observation that under some circumstances black candidates can be elected in districts that are not majority black is unimpeachable, as is their observation that a functional analysis can provide a relatively precise estimate of the percent black a district needs to be to assure a black victory.... 2001
Spencer Overton A Place at the Table: Bush V. Gore Through the Lens of Race 29 Florida State University Law Review 469 (Bush v. Gore Issue 2001) I. L2-3,T3Counting Votes and Assumptions About Democracy 473 II. L2-3,T3Meritocracy Through the Lens of Race 479 A. Race Exposes the Shortcomings of the Merit-Based Vision's Individualized Focus. 479 B. Race Exposes Particular Expressive Components of Merit-Based Vision. 484 III. L2-3,T3Merit and the Exclusion of Us All 489 L2-3,T3Conclusion 491 2001
Cassandra Jones Havard African-american Farmers and Fair Lending: Racializing Rural Economic Space 12 Stanford Law and Policy Review 333 (Spring 2001) In the context of small farm policy, two core democratic principles-- federalism and neutrality--are ultimately flawed as applied. [T]he rules and the law may be color-blind, [but] people are not. -J. L. Chestnut, Plaintiffs' Attorney Pigford v. Glickman. The relationship of the federal government to the economic development of the minority-owned... 2001
Lisa M. Martinson An Analysis of Racism and Resources for African-american Female Victims of Domestic Violence in Wisconsin 16 Wisconsin Women's Law Journal 259 (Fall 2001) In Wisconsin, as well as throughout the United States, domestic violence is at the forefront of women's issues. Domestic violence is a great concern for the legal world including law enforcement, the judiciary, and social service providers. Wisconsin began the twenty-first century by making many advancements towards the protection of victims of... 2001
Anna Wang Beyond Black and White: Crime and Foreignness in the News 8 Asian Law Journal 187 (May, 2001) Two months after a 17-year-old girl died from carbon monoxide poisoning in a Berkeley apartment building, the headlines of Bay Area newspapers exploded with one of the biggest news stories of the year in Northern California. Lakireddy Bali Reddy, the Berkeley landlord who owned the building, was arrested and alleged to have smuggled Chanti Jyotsna... 2001
Ariela Gross Beyond Black and White: Cultural Approaches to Race and Slavery 101 Columbia Law Review 640 (April, 2001) This Essay surveys the new field of cultural-legal history, highlighting its promise and pitfalls for the study of race and slavery. It discusses several aspects of the new cultural approaches: the view of trials as narratives or performances; the emphasis on the agency of outsiders to the law, including people of color and white women; and a... 2001
Edward Greer Beyond Whose Reason?: of Blacks, Jews, and the Quest for Truth 5 Texas Hispanic Journal of Law and Policy 59 (Spring 2001) Beyond all Reason: The Radical Assault on Truth in American Law. By Daniel A. Farber and Suzanna Sherry. Oxford University Press. 1997. Pp.195. $25.00 I. The Popular Format of Beyond All Reason Creates Unmet Methodological Responsibilities. 63 II. Is It Good for the Jews?. 65 III. The Farber and Sherry Model of Anti-Semitism is Wrong. 69 IV.... 2001
29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46