AuthorTitleCitationSummaryYear
Regina Austin Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & the Black Public Sphere 22 Florida State University Law Review 1021 (Spring, 1995) We live in conspiratorial times. Almost everyone has a favorite conspiracy theory or two. Even so, I suspect that, relative to other groups, black people espouse an inordinate number of conspiracy theories, most of which involve plots directed against them. Of course, black people bear more than their share of problems to theorize about and have... 1995
Roger K. Newman Black and Brown 29 University of San Francisco Law Review 635 (Spring, 1995) THE SUDDEN DEATH of Chief Justice Fred Vinson on September 8, 1953, shocked the Supreme Court. Hugo Black, the senior Associate Justice, served as Acting Chief Justice until a successor was named. In early October President Eisenhower nominated California Governor Earl Warren. Harry Truman in 1948 had said that Warren was a Democrat but did not... 1995
Daniel A. Farber Black Faces, Black Interests: the Representation of African Americans in Congress. By Carol M. Swain. Cambridge, Mass.: Harvard University Press. 1993. Pp. Xii, 275. 11 Constitutional Commentary 613 (Winter, 1994-95) For the past twenty years, the federal courts have been vigorously engaged in racial redistricting. Recently, this involvement was attacked by the only black member of the current Court. In his concurring opinion in Holder v. Hall, Justice Thomas challenged the conceptual basis for race-based reapportionment. A contrary view, represented by writers... 1995
Derrick Bell Black History and America's Future 29 Valparaiso University Law Review 1179 (Summer, 1995) A few years ago, I published a story, The Space Traders, that attempted to use an allegorical drama to illustrate what I view as the constant at risk status of black people in a society that now, as throughout the nation's history, has been willing to sacrifice black rights, black interests, and even black lives to enhance the status, further the... 1995
John A. Powell Black Immersion Schools 21 New York University Review of Law and Social Change 669 (1994-1995) Introduction. 670 I. Educational Goals and the Crisis Facing Black Children. 672 II. The Societal Context of Immersions Schools. 673 A. Segregation in the Community. 673 B. Segregation in the Schools. 678 III. The Reality of Immersion Schools. 680 A. Immersion Schools. 680 B. A Hypothetical Immersion School. 680 C. Curriculum. 681 D. Special Needs.... 1995
Jerome M. Culp, Jr. Black People in White Face: Assimilation, Culture, and the Brown Case 36 William and Mary Law Review 665 (January, 1995) It is difficult to criticize a case that no longer stands for a legal point, becoming instead a central part of the social mythology of the country. Brown v. Board of Education has, from the beginning, been more than just a law suit. In recent years, Brown's legal foundation-or at least what people interpret to be its core rationale-is one of the... 1995
Judd F. Sneirson Black Rage and the Criminal Law: a Principled Approach to a Polarized Debate 143 University of Pennsylvania Law Review 2251 (6/1/1995) Tragedy struck the Long Island Railroad on December 7, 1993, as the 5:33 to Hicksville left the New York City limits. Methodically, as if collecting train tickets, Colin Ferguson passed down the aisle of the third car of the train, steadily shooting to his right and then to his left, until he emptied two fifteen-bullet clips into twenty-five... 1995
Kimberly M. Copp Black Rage: the Illegitimacy of a Criminal Defense 29 John Marshall Law Review 205 (Fall 1995) In an era of rising violence, citizens are demanding increased police protection, maximum mandatory sentencing laws and stricter gun regulations. In light of this increased fear of violence, it is ironic that more and more juries are accepting sympathy pleas or abuse excuses from criminal defendants accused of violent crimes. It is the defense... 1995
Adrien Katherine Wing , Eunice P. de Carvalho Black South African Women: Toward Equal Rights 8 Harvard Human Rights Journal 57 (Spring, 1995) Similar consideration must attach to the equally important question of the emancipation of the women of our country. It is vitally important that all structures of government, including the president himself, should understand this fully, that freedom cannot be achieved unless the women have been emancipated from all forms of oppression. On... 1995
Lucretia P. Murphy Black Women: Organizing to Lift…to Climb…to Rise 4 Texas Journal of Women and the Law 267 (Summer, 1995) The colored woman of today occupies, one might say, a unique position in this country. [S]he is confronted by a woman question and a race problem, and is as yet an unknown or unacknowledged factor in both. I don't understand how you can see me as only parts of you, except that I let you. The first time that I recognized the implication of my... 1995
W. Fitzhugh Brundage, Queen's University Christopher Waldrep, Night Riders: Defending Community in the Black Patch, 1890-1915. Durham, N.c.: Duke University Press, 1994. Xii, 264 Pp. $45.00 (Cloth). $16.95 (Paper). 39 American Journal of Legal History 106 (January, 1995) Night Riders is the work of a talented historian and skilled researcher. In unusually crisp prose, Waldrep traces the declining fortunes of tobacco farmers in the Black Patch of western Kentucky and Tennessee at the turn of the twentieth century. Running through the book is the theme of community and loyalty to it. As the shock waves of changes in... 1995
Richard A. Boswell Crossing the Racial Divide: Challenging Stereotypes about Black Jurors 6 Hastings Women's Law Journal 233 (Summer 1995) This trial of the century has given us some challenges of a lifetime -- challenges we seem emotionally unprepared to meet. -- Clarence Page, Sept. 8, 1995 It would hardly be an overstatement to say that the case against O.J. Simpson has been one of the most publicized trials in recent memory. While one could speculate whether the O.J. case,... 1995
Lisa A. Crooms Don't Believe the Hype: Black Women, Patriarchy and the New Welfarism 38 Howard Law Journal 611 (Summer 1995) Demonizing single motherhood and welfare encourages one to think of these mothers as them and not us, and to contemplate policies for them that we would never consider for ourselves and our children. At worst, such women are viewed as a menace to society, or as a public enemy. At best, they are viewed as sociological cripples whose... 1995
Cynthia R. Mabry Emancipation: the Making of the Black Lawyer, 1844 -1944. By Professor J. Clay Smith, Jr. Foreword by Justice Thurgood Marshall. Philadelphia: University of Pennsylvania Press. 1993. Pp. 703. $ -- . 14 National Black Law Journal 173 (Fall 1995) In Emancipation: The Making of the Black Lawyer, 1844 -1944 ( Emancipation), Dr. J. Clay Smith, Jr., a law professor and a prolific writer, pens a spellbinding factual narrative of the history of African American lawyers. Dr. Smith identifies hundreds of African American men and women who became lawyers between 1844 and 1944. The social and legal... 1995
Juan F. Perea Ethnicity and the Constitution: Beyond the Black and White Binary Constitution 36 William and Mary Law Review 571 (January, 1995) I used to stare at the Indian in the mirror. The wide nostrils, the thick lips .... Such a long face-such a long nose-sculpted by indifferent, blunt thumbs, and of such common clay. No one in my family had a face as dark or as Indian as mine. My face could not portray the ambition I brought to it. What could the United States of America say to me?... 1995
Darci Elaine Burrell He Norplant Solution: Norplant and the Control of African-american Motherhood 5 UCLA Women's Law Journal 401 (Spring 1995) Yet all through the darkest period of the colored women's oppression in this country her yet unwritten history is full of heroic struggle, a struggle against fearful and overwhelming odds, that often ended in horrible death, to maintain and protect that which woman holds dearer than life. The painful, patient, and silent toil of mothers to gain a... 1995
Dennis J. Hutchinson Hugo Black among Friends 93 Michigan Law Review 1885 (May, 1995) To the generation of law students born after Earl Warren retired, Hugo Black, who lived from 1886 -1971, is now a shadowy figure. But to those who came to the profession during the moral epoch of the Warren Court, Black was the living embodiment of the liberal judicial ideal. He wrote simply and passionately about freedom of speech and equal... 1995
Andrea Eaton Impact of Urban Renewal or Land Development Initiatives on African-american Neighborhoods in Dade County Florida 3 Howard Scroll: The Social Justice Law Review 49 (Fall, 1995) Our freedom has been achieved at the sacrifice of many. Many have given their lives, their money, their everything to achieve this freedom which we now enjoy. This freedom would be hollow if not accompanied by socio-economic change. Justice Edgerton stated, [o]f the civil rights conferred, none is cheaper and few more vital that the right to buy... 1995
J. Clay Smith, Jr. In Freedom's Birthplace: the Making of George Lewis Ruffin, the First Black Law Graduate of Harvard University 39 Howard Law Journal 201 (Fall 1995) Just what this country has in store to benefit or to startle the world in the future, no tongue can tell. We know full well the wonderful things which have occurred or have been accomplished here in the past, but the still more wonderful things which we may well say will happen in the centuries of development which lie before us, is vain... 1995
Mary Coombs Interrogating Identity 2 African-American Law and Policy Report 222 (Fall, 1995) A few years ago, I would have described myself as a white Jewish heterosexual female. Today, I'm considerably less sure, because both my self-understanding and my sense of the meaning and significance of those very categories has changed. Judy Scales-Trent's book, Notes of a White Black Woman, provides a marvelous vehicle for exploring the process... 1995
Larry E. Walker Law and More Disorder! The Disparate Impact of Federal Mandatory Sentencing for Drug Related Offenses on the Black Community 10 Journal of the Suffolk Academy of Law 97 (1995) The focus of this paper is the disparate racial impact of federal mandatory sentencing for drug related offenses on the black community. Statutes enacted as a result of the so-called war on drugs have mandated different sentences for various types of drugs. The most profound differences are found in the sentencing mandated for offenses related to... 1995
Ronald Turner Little Black Sambo, Images, and Perceptions: Professor Cohen's Critique of Professor Lawrence 12 Harvard Blackletter Law Journal 131 (Spring, 1995) In a recent article, Professor Jerome McCristal Culp wrote that majority scholars often refuse to hear the stories that are being told in the scholarship of legal scholars of color, that majority scholars who read the works of other scholars of color often misstate the premises and the objectives of that scholarship, and finally that majority... 1995
Stephen B. Thomas , Judy L. Hirschman Minority-targeted Scholarships: More than a Black and White Issue 21 Journal of College and University Law 555 (Winter, 1995) Minority-targeted scholarship (MTS) programs once again are becoming the center of controversy in many colleges and universities. The controversy largely results from the Department of Education's (DED) on-again, off-again interpretation of the permissibility of race and national-origin based financial aid under both Title VI and the Fourteenth... 1995
Heidi W. Durrow Mothering Across the Color Line: White Women, "Black" Babies 7 Yale Journal of Law & Feminism 227 (1995) It is hard to write about my own mother. Whatever I do write, it is my story I am telling, my version of the past. Dear Mor, I died a million deaths tonight when I called you a white woman. I had called to ask you about a paper I was writing: Mothering Across the Color Line: White Women, Black Babies. It's supposed to be a personal essay --... 1995
Linda L. Ammons Mules , Madonnas, Babies, Bath Water, Racial Imagery and Stereotypes: the African -American Woman and the Battered Woman Syndrome 1995 Wisconsin Law Review 1003 (1995) Introduction. 1004 I. Battered Woman Syndrome and Post-traumatic Stress Disorder. 1008 A. Plight of Battered Black Women. 1017 II. The African Woman in America. 1030 A. Paternalism, Pedestals and Presumptions: No Mirror Images for African-American Women. 1034 III. Stereotypes: The Impact of Historical Cultural Representations. 1045 IV. Stereotypes... 1995
Deborah Ramirez Multicultural Empowerment: It's Not Just Black and White Anymore 47 Stanford Law Review 957 (5/1/1995) When courts and legislatures first created race-conscious remedies in the 1960s, the United States was primarily a black and white society. But increasing political hostility among both minority and nonminority constituencies against the exclusionary effects of race-based affirmative action threatens these programs. In this article, Professor... 1995
Frank H. Wu Neither Black Nor White: Asian Americans and Affirmative Action 15 Boston College Third World Law Journal 225 (Summer, 1995) The time has come to consider groups that are neither black nor white in the jurisprudence on race. There are many fallacies in the affirmative action debate. One of them, increasingly prominent, is that Asian Americans somehow are the example that defeats affirmative action. To the contrary, the Asian-American experience should demonstrate the... 1995
Barbara J. Flagg On Selecting Black Women as Paradigms for Race Discrimination Analyses 10 Berkeley Women's Law Journal 40 (1995) For the past several years, I have been working on a series of articles regarding something I call the transparency phenomenon. This is my label for the fact that white people tend to be unconscious of whiteness as a distinct racial characteristic, and so tend to equate whiteness with racelessness. Most white people will be able to identify this... 1995
Darren Rosenblum Overcoming "Stigmas": Lesbian and Gay Districts and Black Electoral Empowerment 39 Howard Law Journal 149 (Fall 1995) In the United States, historically, members of racial and sexual minority groups have been prevented from effectively participating in governmental decisionmaking because the political districting system denies them adequate representation in the political process. Following the 1990 census, blacks, in particular, saw significant gains in their... 1995
Charles E. Daye People 73 North Carolina Law Review 675 (January, 1995) Charles E. Daye was the first African-American to join the faculty of the University of North Carolina School of Law. He was born on May 4, 1944, in Durham, North Carolina. He attended public schools in Durham County, and subsequently received a B.A. magna cum laude from North Carolina Central University, where he was a leader in student... 1995
Walteen Grady Truely , Martha F. Davis Public Education Programs for African-american Males: a Gender Equity Perspective 21 New York University Review of Law and Social Change 725 (1994-1995) Introduction I. Education Proposals Addressing the Crisis of African-American Males. 728 A. The Range of Proposals. 729 1. System-Wide Education Restructuring. 729 2. African-American Male Advocates. 730 3. Single-Sex Schools. 730 B. Research on Single-Sex and Single-Race Schooling. 731 II. Women's Educational Equity Concerns. 732 A. The Nature of... 1995
David B. Wilkins Race, Ethics, and the First Amendment: Should a Black Lawyer Represent the Ku Klux Klan? 63 George Washington Law Review 1030 (August, 1995) The headline in The New York Times read: A Klansman's Black Lawyer, and a Principle. The black lawyer in question is Anthony Griffin, a cooperating attorney in the Texas Chapter of the American Civil Liberties Union (ACLU) and, until the events described in the Times article, the General Counsel for the Port Arthur Branch of the National... 1995
Paul Butler Racially Based Jury Nullification: Black Power in the Criminal Justice System 105 Yale Law Journal 677 (December, 1995) Wonders do not confuse. We call them that And close the matter there. But common things surprise us. They accept the names we give with calm, and keep them. Easy-breathing then We brave our next small business. Well, behind Our backs they alter. How were we to know. Gwendolyn Brooks [T]he time that we're living in now is not an era where one who... 1995
Michael W. Vogt, Historical Museum Director, Historical Society of Marshall County Robert R. Dykstra, Bright Radical Star: Black Freedom and White Supremacy on the Hawkeye Frontier. Cambridge Mass.: Harvard University Press, 1993. Xi, 348 Pp. $47.50. 39 American Journal of Legal History 242 (April, 1995) Dykstra's work covers Iowa from 1833-1880, a period of history punctuated by tumultuous events and vehemently debated issues. Fugitive slaves, the Mexican War, the Compromise of 1850, Free Soil and Proslavery bloodshed in Kansas and the Dred Scott decision affected the territory's development and early statehood. The author is adept at weaving... 1995
Major Kevin D. Jones Strength for the Fight - a History of Black Americans in the Military 150 Military Law Review 455 (Fall, 1995) Strength for the Fight, A History of Black Americans in the Military, by Bernard C. Nalty is a must read for all military members. Add it to your personal library. Why? It is the best documented account of Black Americans in the military and the integration of all four branches of the military. At least one other reviewer agrees. He said [Nalty]... 1995
Michael J. Gerhardt The Art of Judicial Biography 80 Cornell Law Review 1595 (September, 1995) Judicial biographies, like judicial opinions, are easier to criticize than to write. Many complain that judicial biographies oversimplify the judicial function or overemphasize important opinions or the lurid aspects of judges' personal lives. Others condemn judicial biographies for celebrating rather than critically or impartially analyzing... 1995
David H. Harris, Jr., Esq. The Battle for Black Land: Fighting Eminent Domain 9-APR NBA National Bar Association Magazine 12 (March/April, 1995) African Americans continue to lose their land and homes at an alarming rate and may soon become a people without land. Given the many obstacles they faced, the progress Blacks made towards landownership and economic empowerment by the early 20th Century - 15 million acres of land owned by Blacks by 1910, 925,710 Black-owned or operated farms by... 1995
Calvin J. Allen, Esq. The Continuing Quest of African Americans to Obtain Reparation for Slavery 9-JUN NBA National Bar Association Magazine 33 (May/June, 1995) Blacks Law Dictionary defines reparation as payment for an injury; redress for a wrong done. There is precedent, national and international, to justify reparation. Congress passed legislation that authorized payment to 60,000 Japanese-Americans of $20,000.00 each who were evacuated and/or interned during World War II. Restitution has been made... 1995
Christine H. Rossell The Convergence of Black and White Attitudes on School Desegregation Issues During the Four Decade Evolution of the Plans 36 William and Mary Law Review 613 (January, 1995) Few court decisions are more revered by intellectuals than Brown v. Board of Education. As J. Harvie Wilkinson, a leading conservative in the Reagan Administration's Justice Department, eloquently phrased it: No single decision has had more moral force than Brown; few struggles have been morally more significant than the one for racial integration... 1995
Gilbert A. Holmes The Extended Family System in the Black Community: a Child-centered Model for Adoption Policy 68 Temple Law Review 1649 (Winter 1995) Recent controversial cases have renewed debates about adoption and its effect on family relationships and definitions. Part of the controversy stems from adoption policy that mandates severing birth-family ties as a prerequisite to establishing adoptive-family ties, a policy which forces courts to choose between competing adults with different, yet... 1995
Xi Wang The Making of Federal Enforcement Laws, 1870-1872 70 Chicago-Kent Law Review 1013 (1995) The Fifteenth Amendment represented the highest achievement of the Republican party's Reconstruction politics. By prohibiting the national and state governments from depriving citizens of the right to vote on the basis of race, color, and previous condition of servitude, the Amendment conferred suffrage on newly emancipated African-American men,... 1995
Lester M. Cuffie The Political/economic Plight of African American Men & the Million Man March 9-DEC NBA National Bar Association Magazine 18 (November/December, 1995) Strength carried to the extreme can become weakness. African-Americans have invested our strength in the development of America, in business lexicon it's called Sweat Equity. The experience of making America the political/economic superpower that it is today, have been shared by people of many continents. Black Men have built the nation, forged... 1995
Reginald Leamon Robinson The Racial Limits of the Fair Housing Act: the Intersection of Dominant White Images, the Violence of Neighborhood Purity, and the Master Narrative of Black Inferiority 37 William and Mary Law Review 69 (Fall, 1995) I. INTRODUCTION. 71 II. THE FAIR HOUSING ACT: EXTANT HOUSING SEGREGATION AND RACIAL LIMITATIONS. 87 A. The Relationship Between Housing Segregation and the Master Narrative of Black Inferiority: A Brief Overview. 87 B. Fair Housing Act, Racial Limits, and Extant Housing Segregation. 96 1. The Fair Housing Act and the Amendments of 1988. 96 2.... 1995
Richard A. Ryles, Esq. The Rosewood Massacre: Reparations for Racial Injustice 9-APR NBA National Bar Association Magazine 15 (March/April, 1995) On May 5, 1994, the Florida legislature voted to allocate 2.1 million dollars to all survivors of what is now known as the Rosewood Massacre. Rosewood, Florida was a black community situated on Florida's western coast with a population of approximately 120. On Monday, January 1, 1923, Mrs. Frances Taylor, a white resident of nearby Sumner, Florida... 1995
Tim R. Sass, Stephen L. Mehay, Florida State University, U.S. Naval Postgraduate Shcool The Voting Rights Act, District Elections, and the Success of Black Candidates in Municipal Elections 38 Journal of Law & Economics 367 (October, 1995) Over the last 20 years blacks and other minority groups have used the Voting Rights Act to challenge the legality of at-large election systems and promote the election of representatives by district. In this article we compare electoral outcomes over time in order to determine the effects of district elections on the success of black city council... 1995
Gary Stein Unfrozen Caveman Justice 12 Constitutional Commentary 421 (Winter, 1995) Hugo Black was one of the most enigmatic of a notably enigmatic generation of New Deal Southern Democrats that rose to national power in the thick of this century. Lyndon Johnson had his towering contradictions, but even those did not surpass Black's. The same man who joined the Ku Klux Klan in his native Alabama later joined the Warren Court's... 1995
Norman Williams, Jr. Using Discourse Ethics to Provide Equality in Education for African-american Children Forty Years after Brown V. Board of Education 5 Boston University Public Interest Law Journal 99 (Spring 1995) Jurgen Habermas' theory of Discourse Ethics proposes a forum of political discussion that seeks to recreate community and national solidarity. Habermas conceived of Discourse Ethics as applying to a world with diverse views of the good and the just . The theory acknowledges the existence of diverse communities and traditions, and the ways in which... 1995
H.T. Smith, President, National Bar Association What a Great Time to Be a Black Lawyer in America! 9-FEB NBA National Bar Association Magazine 1 (January/February, 1995) You may write me down in history with your bitter, twisted lies. You may trod me in the very dirt. But still, like dust, I rise. --Maya Angelou In his remarkable book, Emancipation: The Making of the Black Lawyer (1844-1944), Howard University Law School Professor J. Clay Smith, Jr, presents a one-hundred-year history of the achievements Black... 1995
Deval L. Patrick What's up Is Down, What's Black Is White 44 Emory Law Journal 827 (Summer 1995) I went to Milton Academy, a private boarding school in Massachusetts, in 1970, the night before classes began. Until then I had lived in a small apartment in an inner city neighborhood on the south side of Chicago-a life of want, of deeply segregated and ill-equipped schools, of gang violence, and limited hope-and I had never seen Milton or any... 1995
William R. Tamayo When the "Coloreds" Are Neither Black Nor Citizens: the United States Civil Rights Movement and Global Migration 2 Asian Law Journal L.J. 1 (5/1/1995) In this time of great national concern over the control of American borders and the legal and social status of immigrants, the traditional Civil Rights Movement is at a crucial stage. In this Article, the author finds that the Civil Rights Movement, which operates in a primarily Black v. white paradigm, is ill-equipped to deal with an... 1995
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