AuthorTitleCitationSummaryYear
John C. Brittain Dean, Thurgood Marshall School of Law at Texas Southern University Black History Month Tribute to Hbcu Law Schools 15-FEB NBA National Bar Association Magazine 10 (January/February, 2001) Charles Hamilton Houston once stated that a lawyer was either a social engineer . or a parasite on society . He also defined a social engineer as a highly skilled, perceptive, sensitive lawyer who [understands] the Constitution of the United States and [knows] how to explore its uses in the solving of problems of local communities and in... 2001
Kenneth S. Broun Black Lawyers under Apartheid: the Soul of South African Law 27 No. 2 Litigation 33 (Winter, 2001) The story of black lawyers in South Africa illustrates how an extraordinary group of individuals achieved success under the worst of circumstances. It also provides a heroic model for the legal profession throughout the world. These individuals became lawyers against all odds, worked within a legal system that had as its fundamental premise their... 2001
Michael Green Black Plaintiffs and Class Action Employment Discrimination Lawsuits in Corporate America 6 University of the District of Columbia Law Review 105 (Fall 2001) Class action lawsuits initiated by black employees against corporations have been commonplace in the United States in recent years. Why has there been an influx of litigation targeted to corporate America? Is there an epidemic of discrimination directed toward black employees in many companies--or is this legal action a result of a phenomenon that... 2001
William H. Buckman, John Lamberth Challenging Racial Profiles: Attacking Jim Crow on the Interstate 10 Temple Political & Civil Rights Law Review 387 (Spring 2001) Jim Crow is alive on America's highways, trains and in its airports. Minorities are suspect when they appear in public, especially when they exercise the most basic and fundamental freedom of travel. In an uncanny likeness to the supposedly dead Jim Crow of old, law enforcement finds cause for suspicion in the mere fact of certain minorities in... 2001
David E. Guinn, J.D. Ph.D. Constitutional Intent and Interpretation: a Response to Black's View of Constitutional Rights 11 George Mason University Civil Rights Law Journal 225 (Spring 2001) The foundations of American human-rights law are in bad shape. They creak, they groan for rebuilding. With these words, Charles Black justifies his effort to promote a new theory of constitutional human rights law in the United States in a book entitled A New Birth of Freedom: Human Rights, Named and Unnamed. While significantly flawed in many of... 2001
Dorothy E. Roberts Criminal Justice and Black Families: the Collateral Damage of Over-enforcement 34 U.C. Davis Law Review 1005 (Summer 2001) Introduction. 1006 I. The Relationship Between the Criminal Justice and Child Welfare Systems. 1010 A. The Systems' Demographic Similarity. 1010 B. The Systems' Similar Social Function. 1012 II. Incarceration of Black Parents. 1015 III. Detention of Juveniles. 1020 Conclusion. 1028 The glaring racial disparity in the nation's prison population is... 2001
Patricia Hagler Minter, Western Kentucky University David E. Bernstein, Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal. Durham, N.c.: Duke University Press, 2001. Xiii, 189 Pp. $39.95 45 American Journal of Legal History 323 (July, 2001) In the canon of American legal history, the jurisprudence of the Lochner era is usually derided, with the Lochner v. New York decision identified as the peak of veneration of liberty of contract and laissez-faire constitutionalism. In his revisionist book, David E. Bernstein reinterprets the heyday of Lochnerism. Viewing legal history through the... 2001
William J. Bowers , Benjamin D. Steiner , Marla Sandys Death Sentencing in Black and White: an Empirical Analysis of the Role of Jurors' Race and Jury Racial Composition 3 University of Pennsylvania Journal of Constitutional Law 171 (February, 2001) I. Introduction. 174 A. Historical Background. 175 B. Empirical Context. 179 C. The Capital Jury Project. 189 II. Statistical Patterns. 190 A. Jury Composition and the Sentencing Decision. 191 B. Jurors' Race and Punishment Decision Making. 197 C. Divisive Punishment Considerations. 203 1. Lingering Doubts About the Defendant's Guilt. 203 a.... 2001
Amy D. Ronner Fleeing While Black: the Fourth Amendment Apartheid 32 Columbia Human Rights Law Review 383 (Spring, 2001) Richard Wright's black protagonist, Bigger Thomas, has his own understanding of flight: He was near the street; he could hear shouts and screams coming to him like the roar of water. He was in the street now, being dragged over snow. His feet were up in the air, grasped by strong hands. Kill im! Lynch im! That black sonofabitch! They let go... 2001
Thomas W. Mitchell From Reconstruction to Deconstruction: Undermining Black Landownership, Political Independence, and Community Through Partition Sales of Tenancies in Common 95 Northwestern University Law Review 505 (Winter 2001) Forty acres and a mule. The government broke that promise to African American farmers. Over one hundred years later, the USDA broke its promise to Mr. James Beverly. It promised him a loan to build farrowing houses so that he could breed hogs. Because he was African American, he never received that loan. He lost his farm because of the loan that... 2001
Kunal M. Parker Making Blacks Foreigners: the Legal Construction of Former Slaves in Post-revolutionary Massachusetts 2001 Utah Law Review 75 (2001) How might one conceive of African-American history as U.S. immigration history, and with what implications for our understanding of immigration itself? The historiography of U.S. immigration has been heavily invested in producing an idea of immigrants as individuals who move from there to here, with both there and here taken to be actually... 2001
Sheryll D. Cashin Middle-class Black Suburbs and the State of Integration: a Post-integrationist Vision for Metropolitan America 86 Cornell Law Review 729 (May, 2001) Introduction. 730 I. The Middle-Class Black Suburb. 735 A. History of Black Suburbanization, Popular Attitudes Towards Integration, and the State of Integration in the United States. 735 B. The Extent and Origins of the Middle-Class Black Suburb. 741 1. The Extent of Middle-Class Black Suburbs. 741 2. The Origins of Middle-Class Black Suburbs. 743... 2001
Lee A. Harris Political Autonomy as a Form of Reparations to African-americans 29 Southern University Law Review 25 (Fall 2001) I. INTRODUCTION For good reason, there has been little writing on reparations for African-Americans. After all, the notion of African-Americans receiving payment in cash is preposterous ; the argument for affirmative action as a form of reparations for African-Americans--an argument for payment in kind--is unconstitutional ; and, the idea of... 2001
Adrien Katherine Wing Polygamy from Southern Africa to Black Britannia to Black America: Global Critical Race Feminism as Legal Reform for the Twenty-first Century 11 Journal of Contemporary Legal Issues 811 (2001) I. Introduction. 812 II. Global Critical Race Feminism. 815 A. Genesis. 818 III. The Global Critical Race Feminism Anthology. 824 IV. Global Multiplicative Identity And Polygamy. 833 A. Global Multiplicative Identity. 833 B. Polygamy In Southern Africa. 844 1. Zimbabwe. 844 2. South Africa. 851 C. Polygamy In Black Britannia. 854 D. Polygamy In... 2001
Reginald Leamon Robinson Poverty, the Underclass, and the Role of Race Consciousness: a New Age Critique of Black Wealth/white Wealth and American Apartheid 34 Indiana Law Review 1377 (2001) The outcome of any particular experiment no longer seems to depend only upon the laws of the physical world, but also upon the consciousness of the observer. . . . [W]e must replace the term observer with the term participator. We cannot observe the physical world, for as the new physics tell us, there is no one physical world. We participate... 2001
Deana K. Chuang Power, Merit, and the Imitations of the Black and White Binary in the Affirmative Action Debate: the Case of Asian Americans at Whitney High School 8 Asian Law Journal 31 (May, 2001) The real risk [of affirmative action] to Asian Americans is that they will be squeezed out to provide proportionate representation to whites, not due to the marginal impact of setting aside a few spaces for African Americans. - Professor Frank Wu In an era of backlash against increasing racial diversity on school campuses, the number of Asian... 2001
Matt Graves Purchasing While Black: How Courts Condone Discrimination in the Marketplace 7 Michigan Journal of Race and Law 159 (Fall 2001) I. Substance: The Goals of §§ 1981 and 1982 andTheir Burdens of Proof. 163 A. The Historical Purpose of §§ 1981 and 1982. 163 B. Building §1981 and § 1982 Cases. 165 II. Procedure: Reviving Fact Pleading to Defend Against Frivolous Civil Rights Litigation. 167 A. A History of the Federal Rules Regarding Pleading. 167 B. A History of the Federal... 2001
Judith Kilpatrick Race Expectations: Arkansas African-american Attorneys (1865-1950) 9 American University Journal of Gender, Social Policy and the Law 63 (Spring 2001) In discussing the pro bono lawyering of African-American attorneys in Arkansas between 1865 and 1950, I am using the broad definition of that term provided by Rule 6.1 of the ABA's Rules of Professional Conduct. My research has revealed that many of the sixty-nine lawyers I have identified were active in promoting, protecting, and fighting for the... 2001
Ira Glasser Racial Profiling and Selective Enforcement: the New Jim Crow 30-SUM Brief 31 (Summer, 2001) In 1942, more than 120,000 Americans were stripped of their businesses and their homes and incarcerated for the duration of World War II. They committed no offense. They were convicted of no crime. Their property was confiscated and they were suspected, arrested, and imprisoned because of the color of their skin and their national origin or the... 2001
Mickey Webster Recent Developments in Surface Mining: an Examination of Black Mountain and Bragg V. Robertson 15 Journal of Natural Resources & Environmental Law 267 (2000-2001) In the latter part of 1999, environmental groups' efforts to stop surface mining in Kentucky and West Virginia were met with unprecedented successes. In Kentucky, a broad coalition successfully negotiated an agreement in principle with mineral and timber interest holders to ensure protection of the highest portions of Black Mountain, the state's... 2001
Natasha Parassram Concepcion Reparations for African-americans 8 No. 2 Human Rights Brief 16 (Winter, 2001) The issue of paying reparations to descendants of African-American slaves has been a controversial one within the United States. As reported in Volume 7, Issue 3 of the Human Rights Brief, Professor Adrienne Davis, a member of the Reparations Litigation Committee established by the National Coalition of Blacks for Reparations in America (N'COBRA),... 2001
John P. La Velle Rescuing Paha Sapa: Achieving Environmental Justice by Restoring the Great Grasslands and Returning the Sacred Black Hills to the Great Sioux Nation 5 Great Plains Natural Resources Journal 40 (Spring/Summer, 2001) History, despite its wrenching pain, Cannot be unlived, but if faced With courage, need not be lived again. I. The Proposal for Establishing the Greater Black Hills Wildlife Protected Area. 41 II. A Harvest of Sorrow and Blood: The Dispossession of Paha Sapa. 43 III. The Vital Need for Returning Paha Sapa to the Great Sioux Nation. 63 IV. The... 2001
Scott Moriarity Responding to the Issue of "Driving While Black": a Plan for Community Action Through Litigation and Legislation 27 William Mitchell Law Review 2031 (2001) I. Introduction. 2031 II. The Model Plaintiff . 2034 III. Litigation. 2040 A. The Section 1983 Claim. 2040 B. The Section 1985(3) Claim. 2051 C. The Title VI Claim. 2057 D. Strategies For Settlement. 2060 IV. Legislation. 2065 V. Conclusion. 2068 2001
Richard L. Hume, Washington State University Robert M. Goldman, Reconstruction and Black Suffrage: Losing the Vote in Reese and Cruikshank. Lawrence, Kan.: University Press of Kansas, 2001. 182 Pp. $29.95 (Cloth). $14.95 (Paper) 45 American Journal of Legal History 101 (January, 2001) This study is a compelling and well-told account of two Supreme Court rulings, both made public on March 27, 1875. Professor Goldman, an authority on the Justice Department and its enforcement of voting rights in the South during the last quarter of the nineteenth century, argues convincingly that these two decisions actually began the abandonment... 2001
Susan Jenkins Vanderweert Seeking Justice for "Comfort" Women: Without an International Criminal Court, Suits Brought by World War Ii Sex Slaves of the Japanese Army May Find Their Best Hope of Success in U.s. Federal Courts 27 North Carolina Journal of International Law and Commercial Regulation 141 (Fall 2001) I. Introduction. 142 II. Background. 148 A. Implementation of the Ianfu System. 148 B. Why No Suits Were Filed Until the 1990s. 151 C. Official Japanese Responses. 155 D. Responses from International Organizations. 157 III. Analysis. 160 A. Results to Date in Japanese Courts. 160 B. Reactions to Date in International Forums. 164 1. U.N. Finds That... 2001
Amina Wadud Servants of Allah: African Muslims Enslaved in the Americas. By Sylviane A. Diouf. New York and London: New York University Press 1998. Pp. 254. Price Not Available. Isbn: 0-814-71905-8. 15 Journal of Law and Religion 541 (2000-2001) Servants of Allah is an important contribution to the history of Islam in America. In particular, Sylviane Diouf focuses on the peculiar institution of American slavery, and shows how distinct this practice was in comparison to other experiences of slavery. Some of her descriptions of American slavery were painfully graphic. Her command of... 2001
Elizabeth B. Cooper Social Risk and the Transformation of Public Health Law: Lessons from the Plague Years 86 Iowa Law Review 869 (March, 2001) INTRODUCTION. 871 I. HISTORICAL AND MODERN APPROACHES TO DISEASE CONTROL. 881 A. Historical Perspective: Miasma, Germ Theory, and Social Control. 881 B. Modern Theory and Practice of Disease Control. 888 1. Who Is Responsible for Creating Public Health Policy Today?. 888 2. What Are the Limits on the Power of Public Health Officials?. 890 3. Modern... 2001
Laura Ann Foster Social Security and African American Families: Unmasking Race and Gender Discrimination 12 UCLA Women's Law Journal 55 (Fall/Winter 2001) Despite the greater dependency on social security of African Americans and women, specific elements of the social security system discriminate against these groups by penalizing dual-income couples, centralizing marriage, and linking benefits to wages. Although the redistribution of income under social security is complex and scholars debate the... 2001
Mia Carpiniello Striking a Sincere Balance: a Reasonable Black Person Standard for "Location plus Evasion" Terry Stops 6 Michigan Journal of Race and Law 355 (Spring 2001) I. The Reasonable Black Person Standard. 356 A. The Need for a Reasonable Black Person Standard. 358 1. The Suspect's Raced Decision to Flee. 359 2. A Police Officer's Raced Decision to Stop a Suspect. 363 3. The Court's Raced Approach to Reasonable and Articulable Suspicion. 368 II. Analogous Alternative Reasonable Person Standards. 374 A.... 2001
Lu-in Wang Suitable Targets? Parallels and Connections Between "Hate" Crimes and "Driving While Black" 6 Michigan Journal of Race and Law 209 (Spring 2001) INTRODUCTION. 209 I. Conceptions of Bias: The Bad, the Good,and the Invisible. 213 II. Parallels and Connections Between Hate Crimes and Driving While Black . 221 A. Suitable Targets: Influence of the Social Context. 222 B. Distortion of the Social World: Influence on the Social Context. 228 CONCLUSION. 235 2001
Sherri Burr Television and Societal Effects: an Analysis of Media Images of African-americans in Historical Context 4 Journal of Gender, Race and Justice 159 (Spring 2001) I. Creating Images A. The 1950s and 1960s B. The 1970s C. The 1980s D. The 1990s II. Explanations: The Relationship Between Television and Advertising III. Television's Impact on Foreigners and Children A. Foreign Perceptions B. U.S. Children React to Television Images Conclusion When I segued from law professor to television producer and host of... 2001
Pedro A. Malavet The Accidental Crit Ii: Culture and the Looking Glass of Exile 78 Denver University Law Review 753 (2001) I. Introduction. 754 II. Exile, Cultures, and Becoming the Other. 758 A. A Ponceno (Person from Ponce) Goes to the United States: Othering Part I. 758 B. You Can't Go Home Again: Othering Part II. 761 III. Culturas Puertorriquenas (Puerto Rican Cultures). 763 A. The LatCritical Study of Culture. 764 B. Gringos, Puertorriquenos and Niuyoricans..... 2001
Melinda Carter, Esquire The Black Vote: Count on it 15-FEB NBA National Bar Association Magazine 14 (January/February, 2001) The disenfranchisement of Black voters has cast an ugly shadow on this presidential election. The right to vote has long been the centerpiece of African American struggle for equality. While Vice-President Gore has conceded the 2000 presidential election to George W. Bush, there are many in the black community who are still troubled by the... 2001
Menachem Z. Rosensaft , Joana D. Rosensaft The Early History of German-jewish Reparations 25 Fordham International Law Journal L.J. 1 (2001) The tremendous catastrophe that befell European Jewry during the Holocaust is universally recognized as immeasurable in scope. Millions were murdered, thousands of Jewish communities were decimated, and at the end of the Second World War, several hundred thousand surviving Jews had become homeless refugees, or Displaced Persons (DPs). In addition... 2001
Devon W. Carbado , Mitu Gulati The Fifth Black Woman 11 Journal of Contemporary Legal Issues 701 (2001) This symposium raises a pointed question about intersectionality: What is its future? The short answer is that the future of intersectionality is promising. In part, this promise derives from the foundation intersectionality has laid for the construction of an entire set of new theories of discrimination. One such theory is identity performance. In... 2001
Thomas W. Mitchell The Land Crisis in Zimbabwe: Getting Beyond the Myopic Focus upon Black & White 11 Indiana International & Comparative Law Review 587 (2001) Throughout Zimbabwe, people from all walks of life still dream of obtaining land. One recent survey has indicated that no less than 67% of the population would like to become farmers. However, from independence in 1980, until the present, the government has only made small inroads into providing land to landless Zimbabweans or those living on... 2001
Robert J. Cottrol The Long Lingering Shadow: Law, Liberalism, and Cultures of Racial Hierarchy and Identity in the Americas 76 Tulane Law Review 11 (November, 2001) This is an Article on race relations and comparative legal history. It contrasts the law of race and slavery in three Latin American nations, Brazil, Colombia, and Venezuela, with the parallel history in the United States. The Article examines the Afro-Latin experience as a critical issue in its own right and as a way to better inform our... 2001
Joe R. Feagin , Kevin E. Early , Karyn D. Mckinney The Many Costs of Discrimination: the Case of Middle-class African Americans 34 Indiana Law Review 1313 (2001) A century ago the pioneering social psychologist, William James, noted that there is no more serious punishment for human beings than social isolation and marginalization. An impotent despair often develops among those who are isolated and treated as less than human in social interaction. In the last two decades social scientists have documented... 2001
James H. Coleman, Jr. The Role of the Legal Profession and the Judiciary in Creating and Defining Black History 53 Rutgers Law Review 573 (Spring, 2001) The adversarial system, created for the case-by-case administration of law, of which the appellate courts are a part, is structured like a tripod. In addition to the parties, the participants include: (1) the lawyers for both the plaintiffs and the defendants; (2) a single neutral judge at the trial level; and (3) multiple neutral judges or... 2001
Linda Burnham The Wellspring of Black Feminist Theory 28 Southern University Law Review 265 (Special Edition 2001) The idea that race, class and gender are interrelated dynamics of power and oppression has gained sufficient currency in the academic world to go by the shorthand intersectionality, or intersection theory. But the origins of contemporary black feminist theory are not sufficiently known or acknowledged, and, given the invaluable work of... 2001
Adam Shane Caleb Ford Three Shots into a Black Santa That May Unwittingly Start an Overhaul of America's Criminal System: Apprendi V. New Jersey and the Restructuring of the Federal Sentencing Guidelines. 12 Seton Hall Constitutional Law Journal 249 (Fall 2001) Three days before Christmas 1994, a drunken Charles C. Apprendi (Apprendi) unloaded his .22 caliber rifle into the home of an African American family who had recently moved into a previously monochromatic neighborhood of Vineland, New Jersey. Apprendi was arrested immediately following his rampage and admitted to being the shooter. Apprendi... 2001
Hope Lewis Universal Mother: Transnational Migration and the Human Rights of Black Women in the Americas 5 Journal of Gender, Race and Justice 197 (Fall 2001) You don't have to be teacher and nurse to be important. Women migrants often embody--literally--the absence, the breakdown, or the inequities of the international legal regime. War, global economic restructuring, human rights abuses, the persistence of gender oppression all over the world each play a role--alone, in combination, or alongside other... 2001
Taunya Lovell Banks What Is a Community? Group Rights and the Constitution: the Special Case of African Americans 1 Margins: Maryland's Interdisciplinary Publication on Race, Religion, Gender, and Class 51 (Spring, 2001) We are born into certain groups, others we choose, and still others choose us. Life[,] not subject to the call of groupness[,] is as difficult for us to imagine as life not subject to the individuating call of personhood or to the sociating call of sociality. In 1992 after a woman reported that she had been robbed in her home by a young black... 2001
JON MICHAEL HAYNES What Is it about Saying We're Sorry? New Federal Legislation and the Forgotten Promises of the Treaty of Guadalupe Hidalgo 3 Scholar: St. Mary's Law Review on Minority Issues 231 (Spring 2001) I. Introduction. 232 II. Background of Events Leading to War with Mexico. 236 A. A Brief History of Land Grants in the Southwest. 236 B. Manifest Destiny. 238 C. Land in Texas. 240 III. International Law and Treaty Rights. 242 A. International Law. 242 B. Treaty Rights (The Treaty of Guadalupe Hidalgo as Non Self-Executing). 243 IV. The Treaty of... 2001
Paul M. Barrett , Suzanne J. Schmitz When Playing by the Rules Did Not Work the Good Black: a True Story of Race in America 25 Southern Illinois University Law Journal 563 (Spring, 2001) In 1996, Lawrence D. Mungin sued the Katten Muchin law firm, alleging racial discrimination and constructive discharge. Does the trial tell the story of racial discrimination by a major law firm or the story of a lawyer, naive about law firm culture and politics, adrift in a badly managed law firm more intent on profits than on helping lawyers?... 2001
Chandler Davidson White Gerrymandering of Black Voters: a Response to Professor Everett 79 North Carolina Law Review 1333 (June, 2001) Professor Robinson Everett's paper focuses on the 1990s' gerrymandering of districts in North Carolina which enabled the state's black voters to elect black U.S. Representatives for the first time in the twentieth century. In Shaw v. Reno, Everett persuaded the U.S. Supreme Court that these racial gerrymanders violated the Equal Protection Clause.... 2001
Samuel R. Sommers, Phoebe C. Ellsworth , University of Michigan White Juror Bias 7 Psychology, Public Policy, and Law 201 (March, 2001) Racial prejudice in the courtroom is examined through a historical sketch of racism in the legal system, a review of psychological research on White juror bias, and a study investigating White mock jurors' judgments of a fictional trial summary. The central hypothesis is that salient racial issues at trial activate the normative racial attitudes... 2001
Suzanne A. Kim Yellow Skin, "White" Masks: Asian American "Impersonations" of Whiteness and the Feminist Critique of Liberal Equality 8 Asian Law Journal 89 (May, 2001) In two historical Supreme Court cases from the early part of the twentieth century, when only whites and blacks could be United States citizens, two Asian American immigrants made the startling move of claiming that they were white and, therefore, deserved to be naturalized. The two petitioners - Takao Ozawa and Baghat Singh Thind - claimed they... 2001
Judith Kilpatrick (Extra)ordinary Men: African-american Lawyers and Civil Rights in Arkansas Before 1950 53 Arkansas Law Review 299 (2000) The remarkable thing is not that black men attempted to regain their stolen civic rights, but that they tried over and over again, using a wide variety of techniques. Arkansas has a tradition, beginning in 1865, of African-American attorneys who were active in civil rights. During the eighty years following the Emancipation Proclamation, at least... 2000
Ira Glasser American Drug Laws: the New Jim Crow 63 Albany Law Review 703 (2000) In 1942, over 120,000 Americans were stripped of their businesses and their homes and incarcerated for the duration of World War II. They committed no offense. They were convicted of no crime. They were suspected, arrested, had their property confiscated and were imprisoned because of the color of their skin and their national origin or the... 2000
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