AuthorTitleCitationSummaryYear
George D. Marlow From Black Robes to White Lab Coats: the Ethical Implications of a Judge's Sua Sponte, ex Parte Acquisition of Social and Other Scientific Evidence During the Decision-making Process 72 Saint John's Law Review 291 (Spring 1998) Justice does hold true scales but it is not blind, nor should it be. Hon. Jack B. Weinstein As scientific and technological issues appear in litigation more frequently and become more complex, judges will be inclined to conduct their own research in order to understand fully the questions facing the court. In Judicial Use of Social Science... 1998
John M. Vickerstaff Getting off the Bus: Why Many Black Parents Oppose Busing 27 Journal of Law and Education 155 (January, 1998) Busing has historically been an important tool in the struggle to desegregate American schools. Because nearly all U.S. metropolitan areas are divided geographically by race, many school districts (some under federal court order) have attempted to reduce racial segregation by busing students from one neighborhood to another. Many African-American... 1998
Hope Lewis Global Intersections: Critical Race Feminist Human Rights and Inter/national Black Women 50 Maine Law Review 309 (1998) My life stories influence my perspective, a perspective unable to function within a single paradigm because I am too many things at one time. Say, I remember, when we used to sit in a government yard in Brooklyn . As an African American feminist law professor who is visually impaired and the daughter of immigrants, I am often torn as to which... 1998
Tonya M. Evans In the Title Ix Race Toward Gender Equity , the Black Female Athlete Is Left to Finish Last: the Lack of Access for the "Invisible Woman." 42 Howard Law Journal 105 (Fall, 1998) Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons.... 1998
Cassandra Shaylor It's like Living in a Black Hole: Women of Color and Solitary Confinement in the Prison Industrial Complex 24 New England Journal on Criminal and Civil Confinement 385 (Summer, 1998) Angela Tucker awoke at six a.m. cowering in the corner of her cell, shaking uncontrollably, unable to breathe. A fifty-four year old African-American woman, Tucker suffers from hypertension, diabetes, and asthma. Though she was confined alone in this cold, dark cell for six months, she finally had reached her limit. She repeatedly called for guards... 1998
Davison M. Douglas Justifying Racial Reform 76 Texas Law Review 1163 (April, 1998) [African Americans] want what is due them, rather than pity and sympathy. They think that if you have to make people look bad or broken up before you can get the country to give them what they should have by right, then that's the same old racism and segregation at work.--African-American minister, 1965 African Americans have had an undeniably... 1998
Angela Mae Kupenda Law, Life, and Literature: a Critical Reflection of Life and Literature to Illuminate How Laws of Domestic Violence, Race, and Class Bind Black Women Based on Alice Walker's Book the Third Life of Grange Copeland 42 Howard Law Journal L.J. 1 (Fall, 1998) [A woman] who is sensitive and accustomed to an environment of breeding, education or culture might be severely affected and harmed by [domestic abuse] considered minor by one hardened by harsh treatment . . . . Dat man ober dar say dat women needs to be helped into carriages, and lifted ober ditches, and to have de best places ... and ain't I a... 1998
Alfred Dennis Mathewson Major League Baseball's Monopoly Power and the Negro Leagues 35 American Business Law Journal 291 (Winter, 1998) Fifty years have passed since Branch Rickey lured Jackie Robinson from the Kansas City Monarchs to play for the Brooklyn Dodgers. Nearly thirty years have passed since the Indianapolis Clowns, the last surviving Negro League team, closed its doors and ceased to play ball. Historians attribute this failure to integration. This article challenges... 1998
Robert Westley Many Billions Gone: Is it Time to Reconsider the Case for Black Reparations? 40 Boston College Law Review 429 (December, 1998) For each beloved hour, sharp pittances of years. Bitter contested farthings and coffers heaped with tears. Affirmative action for Black Americans as a form of remediation for perpetuation of past injustice is almost dead. Due to a string of Supreme Court decisions beginning with Bakke and leading up to Adarand, the future possibility of using... 1998
Robert Westley Many Billions Gone: Is it Time to Reconsider the Case for Black Reparations? 19 Boston College Third World Law Journal 429 (Fall, 1998) For each beloved hour, sharp pittances of years. Bitter contested farthings and coffers heaped with tears. Affirmative action for Black Americans as a form of remediation for perpetuation of past injustice is almost dead. Due to a string of Supreme Court decisions beginning with Bakke and leading up to Adarand, the future possibility of using... 1998
Diane Miller Sommerville, Lafayette College Martha Hodes, White Women, Black Men: Illicit Sex in the Nineteenth-century South 42 American Journal of Legal History 438 (October, 1998) In 1918 Ulrich B. Phillips, citing 105 cases of slaves accused of raping white women, challenged the ubiquitous oft-asserted Southern tradition that negroes never violated white women before slavery was abolished. In weaving the threads of what has become known as the rape myth, Southern whites had sought to accentuate the newness of black rape... 1998
Regina Austin Not Just for the Fun of It!: Governmental Restraints on Black Leisure, Social Inequality, and the Privatization of Public Space 71 Southern California Law Review 667 (May, 1998) I cannot imagine any conception of the black good life that does not allow for a fair measure of leisure. Unfortunately, our legal system has a long way to go before blacks will be able to pursue leisure on a just and equal footing with whites. This is all the more true because leisure discrimination and segregation as such have not really been... 1998
Karen L. Proudford Notes on the Intra-group Origins of Inter-group Conflict in Organizations: Black-white Relations as an Exemplar 1 University of Pennsylvania Journal of Labor and Employment Law 615 (Fall, 1998) Organizations, as arenas within which coordinated action takes place, must continually foster productive relationships among diverse groups of people. Moreover, to compete successfully in a global environment, American companies must understand the varied markets and populations they serve. The alignment of divergent interests, both inside and... 1998
Dr. A'lelia Robinson Henry Perpetuating Inequality: Plessy V. Ferguson and the Dilemma of Black Access to Public and Higher Education 27 Journal of Law and Education 47 (January, 1998) Are the present disparities in the level of higher education attained by African Americans and white Americans attributable to State action or differences in individual circumstances? Have federal desegregation policies significantly altered the effect of segregationist policies and practices on black access to higher education? Although... 1998
Nathan V. Gemmiti Porsche or Pinto? The Impact of the "Motor Voter Registration Act" on Black Political Participation 18 Boston College Third World Law Journal 71 (Winter, 1998) The Declaration of Independence proclaims that the government derives its powers from the consent of the governed. The framers of the Constitution wrote the words, We the People, to create a country founded on the principles of freedom, democracy, and equality. Ironically, these ideals co-existed within a political structure that excluded from... 1998
Quintard Taylor Race & Ethnicity in the Southwest 34-FEB Arizona Attorney 17 (February, 1998) In April 1992, South Central Los Angeles exploded in rage. Those scenes of urban carnage undermined the regional self-image most westerners prefer, placid valleys or broad vistas populated by self-reliant citizens under an open sky. Yet black Western history, much like the Los Angeles uprising, forces a reexamination of the imagined West. That... 1998
Thomas J. Kane Racial and Ethnic Preferences in College Admissions 59 Ohio State Law Journal 971 (1998) College admissions committees, not markets, ration access to many of the most selective U.S. colleges. As the labor market payoff to a college education has risen and competition for admission to elite universities has become more keen, racial preference in college admissions has become increasingly controversial, particularly at public... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 40 Boston College Law Review 477 (December, 1998) In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 19 Boston College Third World Law Journal 477 (Fall, 1998) In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
Aquanetta A. Knight Rebels in Law: Voices in History of Black Women Lawyers-interview with J. Clay Smith, Jr. on His New Book 12-APR NBA National Bar Association Magazine 31 (March-April, 1998) NBAM: Professor Smith, you have been engaged in the history of black lawyers for several years. How did you become interested in the history of black lawyers? JCS: I knew a few black lawyers when I was a youth. I grew up in Omaha, Nebraska. However, I did not have any information about how they became lawyers, where they attended law school or why... 1998
Timothy Zick Re-defining Reproductive Freedom 21 Harvard Women's Law Journal 327 (Spring, 1998) Reproductive freedom is at the heart of women's equality. Women who cannot control when they will conceive and how many children they will have cannot be free and equal participants in family, social, political and economic life. Nor can they take advantage of the equal rights women have won in the courts and the legislatures. Without reproductive... 1998
Terry Smith Reinventing Black Politics: Senate Districts, Minority Vote Dilution and the Preservation of the Second Reconstruction 25 Hastings Constitutional Law Quarterly 277 (Spring 1998) I. Busting the White Male Millionaires' Club: The Seventeenth Amendment and the Re-Ratification of the Fifteenth Amendment . 286 A. Racism and Constitutional Reform as Strange Bedfellows: The Words and Deeds of the Seventeenth Amendment . 288 B. Special Reasons for Exempting Senate Elections . 300 C. The Perils of Post-Enactment History. 305 II.... 1998
Chris K. Iijima Reparations and the "Model Minority" Idealogy of Acquiescence: the Necessity to Refuse the Return to Original Humiliation 40 Boston College Law Review 385 (December, 1998) Any attempt to soften the power of the oppressor in deference to the weakness of the oppressed almost always manifests itself in the form of false generosity; indeed, the attempt never goes beyond this. In order to have the continued opportunity to express their generosity, the oppressors must perpetuate injustice as well. An unjust social... 1998
Chris K. Iijima Reparations and the "Model Minority" Idealogy of Acquiescence: the Necessity to Refuse the Return to Original Humiliation 19 Boston College Third World Law Journal 385 (Fall, 1998) Any attempt to soften the power of the oppressor in deference to the weakness of the oppressed almost always manifests itself in the form of false generosity; indeed, the attempt never goes beyond this. In order to have the continued opportunity to express their generosity, the oppressors must perpetuate injustice as well. An unjust social... 1998
Irma Jacqueline Ozer Reparations for African Americans 41 Howard Law Journal 479 (Spring, 1998) The analysis presented in this paper is based primarily upon law review articles and books written during the last three decades. Also presented in this paper are new theories of tort and criminal defense which attempt to illustrate the profound psychological effects of past and ongoing wrongs perpetrated upon African Americans in the United... 1998
Melissa Meade Reproductive Rights as Civil Rights: Navigating the Intersections of History, Race, and Reproductive Control 13 Berkeley Women's Law Journal 306 (1998) Analyses of reproductive politics are varied and numerous, focusing on such issues as motherhood, birth control, abortion rights, healthcare, and implications of new reproductive technologies. In Killing the Black Body, Dorothy Roberts addresses this breadth of issues, navigating among them, and thus providing a complicated account of reproductive... 1998
Richard Delgado Rodrigo's Roadmap: Is the Marketplace Theory for Eradicating Discrimination a Blind Alley? 93 Northwestern University Law Review 215 (Fall 1998) It had been a glorious day in this quaint town in the Great Northwoods of Michigan. Sunshine filtered through the massive hardwood trees, giving the underlying grounds a dappled effect. Stately, flat-bottomed clouds punctuated the sky moving slowly as though keeping time with the hands of the great clock at campus center. The sudden peal of distant... 1998
Vernellia R. Randall Smoking, the African-american Community, and the Proposed National Tobacco Settlement 29 University of Toledo Law Review 677 (Summer, 1998) Dedicated to the Memory of Ernest Randall 1916-1995 My great-grandfather, Manlis Randle, lived to be ninety-four years old; my grandfather, Tom Randall, the youngest child of slaves, lived to be ninety-seven years old. My father, an educated black man of the twentieth century, lived only to seventy-nine. He died of cancer after smoking cigarettes... 1998
Sharon Keller Something to Lose: the Black Community's Hard Choices about Educational Choice 24 Journal of Legislation 67 (1998) We've had all-boy schools in urban areas for all the wrong reasons. The moment we start to talk about something positive, then the folks come out of the woodwork. Through concerted community action, a group of African-American parents in Detroit pushed their school board to charter Afrocentric male academies for their children as Alternative... 1998
David F. Forte Spiritual Equality, the Black Codes and the Americanization of the Freedmen 43 Loyola Law Review 569 (WINTER 1998) Senator Garett Davis, the gentleman from Kentucky, rose to offer an amendment to Senate Bill 108: And be it further enacted, That all persons liberated under this act shall be colonized out of the limits of the United States; and the sum of $100,000, out of any money in the Treasury not otherwise appropriated, shall be expended, under the direction... 1998
Penelope E. Andrews Striking the Rock: Confronting Gender Equality in South Africa 3 Michigan Journal of Race and Law 307 (Spring 1998) This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and the influence that feminist... 1998
Tracey Maclin Terry V. Ohio's Fourth Amendment Legacy: Black Men and Police Discretion 72 Saint John's Law Review 1271 (Summer-Fall 1998) It's harder to work in these neighborhoods now than it used to be because we send the kids to school and teach them about rights and then put them back in the neighborhood. I think we ought to either get rid of these neighborhoods or stop teaching these kids about their rights. --Police officer's response to blacks who resist patrol tactics... 1998
Juan F. Perea The Black/white Binary Paradigm of Race: the "Normal Science" of American Racial Thought 10 La Raza Law Journal 127 (Spring 1998) The Black/White Binary Paradigm of race has become the subject of increasing interest and scrutiny among some scholars of color. This Article uses Thomas Kuhn's notions of paradigm and the properties of paradigms to explore several leading works on race. The works the author explores demonstrate the Black/White paradigm of race and some of its... 1998
Tracey L. Meares The Increasing Significance of Genes: Reproducing Race 92 Northwestern University Law Review 1046 (Spring, 1998) In her new and provocative book, Dorothy Roberts collects stories. There are many, but here are two notable ones. The first involves an African woman and her husband. They live in Italy. A few years ago, in order to obtain assistance in becoming pregnant and carrying a child to term, the couple went to an Italian clinic that specializes in... 1998
Cynthia G. Hawkins-Leon The Indian Child Welfare Act and the African American Tribe: Facing the Adoption Crisis 36 Brandeis Journal of Family Law 201 (Spring 1997-1998) Does skin color talk[ ] louder than words? Adoption is a process involving up to five competing interests: the child, the biological parents, the adoptive parents, the agency or attorney arranging the adoption, and the state. When an adoption involves an African American child, additional interests arise: cultural expression and unanimity.... 1998
David E. Bernstein The Law and Economics of Post-civil War Restrictions on Interstate Migration by African-americans 76 Texas Law Review 781 (March, 1998) A man has a right to go anywhere in this country he may choose. -- R.A. Peg Leg Williams, Southern emigrant agent In Williams v. Fears, the Supreme Court upheld a racist statute that imposed a prohibitive license fee on interstate labor recruiters known as emigrant agents. The result in Williams negatively affected the lives of millions of... 1998
Evan Tsen Lee , Ashutosh Bhagwat The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims in Capital Sentencing 1998 Supreme Court Review 145 (1998) In this article we analyze possible legislative and judicial alternatives for redressing prosecutorial race discrimination against murder victims. There are both substantive and procedural obstacles to such remedies. The substantive obstacle is the doctrine that requires proof of intentional discrimination to make out a violation of the Equal... 1998
  The University of Michigan Law School Black Law Students Alliance Statement on Affirmative Action 4 Michigan Journal of Race and Law 189 (Fall 1998) The members of the Black Law Students Alliance of the University of Michigan Law School (BLSA) support affirmative action as a result of our experience as African Americans. Race continues to play a significant role in American life. Affirmative action attempts to account for the historical exclusion of racial minorities and women from society's... 1998
Phyliss Craig-Taylor To Be Free: Liberty, Citizenship, Property, and Race 14 Harvard BlackLetter Law Journal 45 (Spring, 1998) Voltaire once described history as a pack of tricks that the present plays on the past. He failed to mention that the people of the past have their own dissembling pranks. The most troublesome for historians is the tendency to change without notice the meaning of words. Whole new concepts can take shape behind an unvarying set of terms. Nothing is... 1998
Doris Marie Provine Too Many Black Men: the Sentencing Judge's Dilemma 23 Law and Social Inquiry 823 (Fall, 1998) Legal reform sometimes has unanticipated, even ironic, results. A good example is federal legislation adopted in the 1980s that was supposed to enhance equity in sentencing. Congress, like many state legislatures in this period, reduced judicial control over sentencing by adopting presumptive sentencing guidelines for all serious criminal offenses... 1998
Theresa Raffaele Jefferson Toward a Black Lesbian Jurisprudence 18 Boston College Third World Law Journal 263 (Spring, 1998) Black lesbians are everywhere and nowhere all at once. Throughout history we have been made invisible. This invisibility serves as a constant reminder that our culture, and indeed our very lives are considered at best illegitimate. At the same time, our identity as Black lesbians has been made hyper-visible when we have tried to remain in the... 1998
D. Marvin Jones We're All Stuck Here for a While: Law and the Social Construction of the Black Male 24 Journal of Contemporary Law 35 (1998) I am an invisible man. No, I am not a spook like those who haunted Edgar Allan Poe, nor am I one of your Hollywood-movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids--and I might even be said to possess a mind. One of the greatest inventions of the twentieth century is the African-American male--invented because black... 1998
Michele M. SimmsParris What Does it Mean to See a Black Church Burning? Understanding the Significance of Constitutionalizing Hate Speech 1 University of Pennsylvania Journal of Constitutional Law 127 (Spring 1998) People who will burn a cross will burn a church The Color of Night Somewhere in the middle of some place, in the middle or at the fringes of this place--your space and, yes, my space too--America there resonates in the crackling timbre of heat and hate a spate of yellow, blue, orange, and red. Color.How tragically appropriate when we stop to... 1998
Tena Jamison Lee A Deafening Silence at the Polls 24-SUM Human Rights 12 (Summer, 1997) Although this country considers itself advanced when it comes to the issues of civil and human rights, we live in a time when a large segment of our population is denied the right to vote. According to a recent study, 14 percent or one in seven of the 10.4 million black males of voting age are either currently or permanently barred from voting due... 1997
Kevin L. Hopkins A Gospel of Law 30 John Marshall Law Review 1039 (Summer 1997) Derrick Bell is no stranger to civil rights activists, the Black community and the legal academy. Over the last three decades his involvement and participation in civil rights litigation and his numerous scholarship in the areas of Race and Constitutional Law have placed him in the forefront of Critical Race Theory. In Gospel Choirs: Psalms of... 1997
Keith Liddle Affirmative Action for Certain Non-black Minorities and Recent Immigrants--"Mend it or End It?" 11 Georgetown Immigration Law Journal 835 (Summer, 1997) Race based affirmative action programs have come under attack again on the ground that such programs amount to reverse discrimination. One such attack involved a 1994 challenge to the admissions process at the University of Texas Law School. After setting the legal background and tracing some of the legal limits courts have imposed on affirmative... 1997
Deborah C. Malamud Affirmative Action, Diversity, and the Black Middle Class 68 University of Colorado Law Review 939 (Fall 1997) To its critics, one of the flaws of race-based affirmative action is that its main beneficiaries are economically privileged members of the eligible minority groups. Supporters of race-based affirmative action, particularly in the sphere of education, have responded by claiming (implicitly or explicitly) that economic inequality is not, in fact,... 1997
Patricia Hill Collins African-american Women and Economic Justice: a Preliminary Analysis of Wealth, Family, and African-american Social Class 65 University of Cincinnati Law Review 825 (Spring 1997) In contrast to countries that are far less affluent than the United States, the sizeable economic inequality characterizing social-class relations in the United States typically remains hidden. Buffered by a malleable social welfare state that expands and contracts in response to changing public perceptions of economic inequality and shaped by a... 1997
Jewel D. Amoah Back on the Auction Block: a Discussion of Black Women and Pornography 14 National Black Law Journal 204 (Spring 1997) The Shorter Oxford English Dictionary defines pornography as: The explicit description or exhibition of sexual subjects or activity in literature, painting, films, etc., in a manner intended to stimulate erotic rather than aesthetic feelings. This definition in itself should suffice to say that pornography, having no aesthetic value (that is, not... 1997
Alfreda A. Sellers Diamond Becoming Black in America: a Book Review Essay of Life on the Color Line by Gregory Howard Williams 67 Mississippi Law Journal 427 (Winter 1997) Life on the Color Line chronicles the life of Gregory Howard Williams. The book asks important questions about the social consequences and the significance of racial designation, particularly, what it means to live life as a black child in this country. Dean Williams' memoir, however, reveals the question from a different vantage point, in that he... 1997
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