AuthorTitleCitationSummaryYear
Deirdre Davis The Harm That Has No Name: Street Harassment, Embodiment, and African American Women 4 UCLA Women's Law Journal 133 (Spring 1994) L1-2Introduction 135 I. The Mechanics of Street Harassment. 137 A. Specific Acts of Street Harassment. 138 B. Normative Characteristics of Street Harassment. 138 C. Street Harassment's Role in Sexual Terrorism. 140 II. Genderization of the Street: The Effects and Context of Street Harassment. 141 A. Social Effects of Street Harassment. 142 1.... 1994
Leland Ware The Most Visible Vestige: Black Colleges after Fordice 35 Boston College Law Review 633 (May, 1994) There exists today a chance for the Negroes to organize a cooperative State within their own group. By letting Negro farmers feed Negro artisans, and Negro technicians guide Negro home industries, and Negro thinkers plan this integration of cooperation, while Negro artists dramatize and beautify the struggle, economic independence can be achieved.... 1994
Robin K. Magee The Myth of the Good Cop and the Inadequacy of Fourth Amendment Remedies for Black Men: Contrasting Presumptions of Innocence and Guilt 23 Capital University Law Review 151 (1994) C1-3Table of Contents L1-2Introduction 153 I. The Myth of the Good Cop. 160 A. The Exclusionary Rule Cases. 161 B. Pretextual Activity. 167 C. Deference, Discretion, and Esteeming Police and Their Decisions. 172 1. Discretion and deference: defined. 173 a. Discretion. 174 i. identifying and scrutinizing the quantum of evidence under Terry as an... 1994
David P. Tedhams The Reincarnation of "Jim Crow:" a Thirteenth Amendment Analysis of Colorado's Amendment 2 4 Temple Political & Civil Rights Law Review 133 (Fall, 1994) I never knew what it felt like to be a nigger or a spic. Now I know. I'm a fag. Fags and niggers and spics aren't protected by the Constitution. Nor are junkies, whores, and broads. On November 3, 1992 the voters of Colorado amended that state's constitution to bar legislation or policies which afford lesbians, gay men, and bisexuals their civil... 1994
Spencer A. Overton The Threat Diversity Poses to African Americans: a Black Nationalist Critique of Outsider Ideology 37 Howard Law Journal 465 (Spring, 1994) As I look back over my short life, I recognize my successes and failures in both integrated and homogeneous environments. At an integrated suburban school during my adolescent years, I was an excluded, stereotyped loner who never realized his potential. In an effort to supplement missed social experiences, my parents insisted I attend an urban,... 1994
Dorothy E. Roberts The Value of Black Mothers' Work 26 Connecticut Law Review 871 (Spring 1994) The common ground of contemporary welfare reform discourse is the belief that single mothers' dependence on government support is irresponsible and should be remedied by requiring these mothers to get jobs. Workfare is a refrain of the general theme that blames the poor, because of their dependence mentality, deviant family structure, and other... 1994
Angela Gilmore They're Just Funny That Way: Lesbians, Gay Men and African-american Communities as Viewed Through the Privacy Prism 38 Howard Law Journal 231 (Fall, 1994) The relationships between lesbians and gay men of African descent and African American communities are complex, complicated, and confusing. To illustrate this point consider recent comments from two leaders in their respective African American communities, one national and one local. Dr. Benjamin Chavis, former Executive Director of the National... 1994
Richard Banks Toward an Understanding of Black Identity 11 Harvard BlackLetter Law Journal 215 (Spring, 1994) The premise of this collection, Gerald Early writes, is really quite simple: nearly two dozen black intellectuals and writers were invited to write essays on assimilation, race and identity (p. xxi). Early, director of the department of African American Studies at Washington University, presented each writer with the famous quotation from... 1994
Lynn D. Wardle Uncovering an American Legacy 22 Southern University Law Review 127 (Fall, 1994) In 1850 there were a total of 23,939 lawyers in the United States including territories. Only two of those lawyers were African-American, and they were both practicing in Massachusetts. Ninety years later, there were 177,643 lawyers and judges in the United States; of those, 1,052 were African-American (including thirty-nine women) practicing in... 1994
Anthony Q. Fletcher White Lines, Black Districts--shaw V. Reno and the Dilution of the Anti-dilution Principle 29 Harvard Civil Rights-Civil Liberties Law Review 231 (Winter, 1994) If you drove down the interstate [Interstate 85] with both car doors open, you'd kill most of the people in the district. --North Carolina State Representative Mickey Michaux commenting on the meandering 12th Congressional District of North Carolina. Amendments to the 1965 Voting Rights Act have recently spurred bitter political, ideological and... 1994
James Oliver Horton, Lois E. Horton A Federal Assault: African Americans and the Impact of the Fugitive Slave Law of 1850 68 Chicago-Kent Law Review 1179 (1993) William Craft was a slave in Macon, Georgia, apprenticed to a cabinet maker and mortgaged to a local bank to cover his master's debts. Ellen was also a slave and the daughter of her master, a white Georgia planter. When her father's white daughter, Ellen's half sister, married, Ellen was given as a wedding present to the young couple. William and... 1993
Richard Cummings All-male Black Schools: Equal Protection, the New Separatism and Brown V. Board of Education 20 Hastings Constitutional Law Quarterly 725 (Spring, 1993) This article argues that although Brown v. Board of Education is in some respects a spent force as a vehicle for achieving racial integration in the schools and no longer reflects a consensus in the black community on the value of racial integration and the harm of separation, its conclusion that separate can never be equal remains valid for blacks... 1993
Billy J. Tidwell, Ph.D. An African American Anti-poverty Agenda 1 Georgetown Journal on Fighting Poverty 59 (1993) A new president committed to positive change and a largely new Congress rejuvenated by more diverse representation inspire hopes of completing the unfinished business of racial justice and preparing the nation to meet the formidable challenges of the twenty-first century. There is also a renewed sense of potency and purpose within the African... 1993
Alex M. Johnson, Jr. Bid Whist, Tonk, and United States V. Fordice: Why Integrationism Fails African-americans Again 81 California Law Review 1401 (December, 1993) The seminal race relations issue in U.S. society today is how to promote successful integration while respecting the differences that still separate the races. The author examines this problem through the lens of United States v. Fordice. In Fordice, the Supreme Court found discrimination in Mississippi's post-secondary educational system. While... 1993
John H. Garvey Black and White Images 56-AUT Law and Contemporary Problems 189 (Autumn, 1993) In 1989 the National Endowment for the Arts (the NEA) caused a stir by funding two exhibitions of photographs by Robert Mapplethorpe and Andres Serrano. The pictures were vulgar and irreverent, and many people thought that the NEA should not sponsor them with tax money. Whether the NEA can actually control the content of speech that it pays for... 1993
Mark Gregory Artlip Can Black Women Teach Shakespeare? The Diversity Rationale for Race-based Preferential Treatment Programs: a Policy Perspective 2 Howard Scroll: The Social Justice Review 61 (Summer, 1993) America, already one of the most multiracial and multicultural countries on earth, is quickly becoming more so as new immigrants arrive from all over the globe and birthrates for nonwhites far outpace those of Whites. The word diversity has become increasingly popular in legal and political discourse both to describe this demographic trend and as... 1993
James E. Rosenbaum , Nancy Fishman , Alison Brett , Patricia Meaden Can the Kerner Commission's Housing Strategy Improve Employment, Education, and Social Integration for Low-income Blacks? 71 North Carolina Law Review 1519 (June, 1993) The Kerner Commission placed a heavy emphasis on racial integration, calling it the only course which explicitly seeks to achieve a single nation rather than accepting the present movement toward a dual society. And, as the introductory Essay to this Symposium indicates, only in the housing area did the Commission prescribe solutions tailored to... 1993
Judith K. Schafer Details Are of a Most Revolting Character Cruelty to Slaves as Seen in Appeals to the Supreme Court of Louisiana 68 Chicago-Kent Law Review 1283 (1993) When Louisiana became an American possession in 1803, the territory's approximately 38,000 slaves had rights unknown in any state of the American South. Most important of these were the right of self-purchase and the right to petition to be sold away from a cruel master. American rule instituted an era of diminished protections for slaves as... 1993
Guyora Binder Did the Slaves Author the Thirteenth Amendment? An Essay in Redemptive History 5 Yale Journal of Law & the Humanities 471 (Summer, 1993) No mere appendix to the Constitution, the Thirteenth Amendment reframed the nation. But if the nation emerged from its crucible founded anew, who were its new founders? I will argue that it makes a moral difference to whom we credit our new birth of freedom and that credit is due the slaves. Recognizing the slaves as framers might change the... 1993
Ivan C. Smith Discriminatory Use of Models in Housing Advertisement: the Ordinary Black Reader Standard 54 Ohio State Law Journal 1521 (1993) A quarter century after the passage of the Fair Housing Act of 1968 (Title VIII of the Civil Rights Act of 1968), the American landscape remains marked by racial segregation. Housing remains perhaps the most segregated aspect of American life. The Fair Housing Act (FHA) was intended to promote open, integrated residential housing patterns and to... 1993
Kevin Brown Do African-americans Need Immersion Schools?: the Paradoxes Created by Legal Conceptualization of Race and Public Education 78 Iowa Law Review 813 (May, 1993) C1-3Table of Contents L1-2Introduction 816 I. The Need for Alternative Education. 821 A. The Social Construction of African-Americans in Dominant American Culture. 822 1. Enculturation of Individuals in our Society. 822 2. The Connotations Attached to African-Americans. 824 3. Impact on the Level of the Individual African-American. 830 B. The... 1993
H. Jefferson Powell Enslaved to Judicial Supremacy? 106 Harvard Law Review 1197 (March, 1993) In his fascinating, if problematic, reconstruction of American constitutional thought, The Constitution in Conflict, Professor Robert A. Burt argues that our historical failure to make the norm of equality a reality can be attributed in part to our persistent misunderstanding of the institutional arrangements the Constitution embodies. For most of... 1993
Stephen Reinhardt Guess Who's Not Coming to Dinner!! 91 Michigan Law Review 1175 (May, 1993) The thesis of Derrick Bell's new book is chilling: racism in this country is permanent; it is intractable. We are, as Professor Bell sees it, a society of former slaveholders and former slaves; and never the twain shall meet. His message is one of despair, yet of strength: a country with a black minority (the faces at the bottom of the well)... 1993
Vincene Verdun If the Shoe Fits, Wear It: an Analysis of Reparations to African Americans 67 Tulane Law Review 597 (February, 1993) I. Introduction. 598 II. Analysis of Reparations from the Dominant Perspective and the African-American Consciousness. 612 A. The Dominant Perspective. 619 B. The African-American Consciousness. 625 C. Comparative Analysis of Reparations from the Dominant Perspective and the African-American Consciousness. 628 1. The Reparationists' Claim for... 1993
Michael John Weber Immersed in an Educational Crisis: Alternative Programs for African-american Males 45 Stanford Law Review 1099 (April, 1993) African-American males are suffering an educational crisis in the United States. The statistics are alarming: In large cities, 40 percent of African-American boys do not graduate from high school; 40 percent of African-American men are functionally illiterate; and African-American males are more than twice as likely as whites to be unemployed. In... 1993
Zanita E. Fenton In a World Not Their Own: the Adoption of Black Children 10 Harvard BlackLetter Journal 39 (Spring, 1993) Black children should be the focus of adoption services in America today. There are a disproportionate number of Black children available for adoption. Black children stay in foster care longer than other children. Black children are over-represented in the population as victims of abuse and neglect, homelessness, the AIDS crisis, and substance... 1993
Dena S. Davis Ironic Encounter: African-americans, American Jews, and the Church-state Relationship 43 Catholic University Law Review 109 (Fall, 1993) This Essay examines a paradox in contemporary American society. Jewish voters are overwhelmingly liberal and much more likely than non-Jewish white voters to support an African-American candidate. Jewish voters also staunchly support the greatest possible separation of church and state (which they refuse to distinguish from separation of religion... 1993
Leland Ware J. Clay Smith, Jr., Emancipation: the Making of the Black Lawyer 1844-1944 (University of Pennsylvania Press) (1993). 37 Howard Law Journal 105 (Fall 1993) When a scholar publishes a book, the writer hopes that the publication will receive some notice and make a worthy contribution to the existing literature on the subject. Sometimes a legal writer manages to develop a novel theory or present a fresh perspective on an existing body of commentary. Rarely, however, does anyone tread entirely new ground... 1993
Beverly Horsburgh Jewish Women, Black Women: Guarding Against the Oppression of Surrogacy 8 Berkeley Women's Law Journal 29 (1993) When I was eleven, I was finally admitted to the Albany Academy For Girls. As a Jew in that all-white, all-female Christian world, I learned a great many lessons. I was taught ladies cross their ankles, not their knees. And so I never crossed my knees. Every morning I sang loudly from the Episcopal hymnal as we marched, two by two, into chapel. I... 1993
William G. Ortner Jews, African-americans, and the Crown Heights Riots: Applying Mutsuda's Proposal to Restrict Racist Speech 73 Boston University Law Review 897 (November, 1993) In the last decade, legal journals have published a deluge of articles about racist speech. Professor Mari J. Matsuda wrote one of the most prominent of these articles, in which she advocated formal criminal and administrative sanctions in response to racist speech. Because Matsuda's proposal typifies an approach that some jurisdictions have... 1993
James W. Loewen Levels of Political Mobilization and Racial Bloc Voting among Latinos, Anglos, and African Americans in New York City 13 Chicano-Latino Law Review 38 (Summer 1993) In the spring and early summer of 1991, New York City redrew its City Council district lines in response to a revised charter increasing the number of City Council seats from 35 to 51. In 1992, New York State redrew the lines for its State Assembly, State Senate, and U.S. Congressional districts, in response to the 1990 Census. Before 1991, Latinos... 1993
Barbara Holden-Smith Lords of Lash, Loom, and Law : Justice Story, Slavery, and Prigg V. Pennsylvania 78 Cornell Law Review 1086 (September, 1993) I met many runaway slaves. Some was trying to get north and fight for the freeing of their people. Others was just runnin' way cause they could. Many of them didn't had no idea where they was goin, and told of havin' good marsters. But, one and all, they had a good strong notion to see what it was like to own your own body. Last night about ten... 1993
Darci E. Burrell Myth, Stereotype, and the Rape of Black Women 4 UCLA Women's Law Journal 87 (Fall, 1993) bein alive & bein a woman & bein colored is a metaphysical dilemma When I first heard that heavyweight champion Mike Tyson had been charged with rape, it was easy to decide that more likely than not he was guilty. It wasn't difficult to believe that a man with a history of violent and sexually offensive behavior could be guilty of such a crime. At... 1993
H.T. Smith, Esq. Operation Urbanshield: Protecting the African American Male from America's Criminal Justice System 7-JUN NBA National Bar Association Magazine 14 (April/June, 1993) To white folks, it probably seemed ironic that the incident which plunged south central Los Angeles into civil disorder would involve police beating a convicted felon. To most African Americans there was little irony about it. Though a suburban jury might buy the crisp difference between a criminal and those who represent the law, such neat... 1993
Vernellia R. Randall Racist Health Care: Reforming an Unjust Health Care System to Meet the Needs of African-americans 3 Health Matrix: Journal of Law-Medicine 127 (Spring, 1993) Racist and racism are provocative words in American society. To some, these words have reached the level of curse words in their offensiveness. Yet, racist and racism are descriptive words of a reality that cannot be denied. Ethnic-Americans live daily with the effects of both institutional and individual racism. Race issues are so... 1993
Adrien Katherine Wing , Sylke Merchan Rape, Ethnicity, and Culture: Spirit Injury from Bosnia to Black America 25 Columbia Human Rights Law Review Rev. 1 (Fall, 1993) The recent armed conflict in the former Yugoslav republic of Bosnia-Herzegovina has brought the issue of systematic, wide-spread rapes of civilian women in times of war to the attention of the world community. This Article examines the intersection of rape, ethnicity, and culture in the Bosnian context. Rape, which is pervasive in Bosnia,... 1993
Malissia Lennox Refugees, Racism, and Reparations: a Critique of the United States' Haitian Immigration Policy 45 Stanford Law Review 687 (February, 1993) We are asking why you treat us this way. Is it because we are Negroes? Why are you letting us suffer this way, America? Don't you have a father's heart? Haven't you thought we were humans, that we had a heart to suffer with and a soul that could be wounded? Give us back our freedom. Why among all the nations that emigrate to the United States have... 1993
Kenneth Gilbert Residents Involved in Saving the Environment V. Kay : Proof of Intentional Race Discrimination Necessary Even When Landfill Siting Has Concededly Disproportionate Impact on Black Residents 3 University of Baltimore Journal of Environmental Law 136 (Summer, 1993) In Residents Involved in Saving the Environment v. Kay, the United States Court of Appeals for the Fourth Circuit affirmed the district court's ruling that the Equal Protection Clause of the Fourteenth Amendment was not violated by the siting of a landfill in a predominately black area, although landfill placement for the past twenty-five years has... 1993
Richard Delgado Rodrigo's Third Chronicle: Care, Competition, and the Redemptive Tragedy of Race 81 California Law Review 387 (January, 1993) Rodrigo, I was just thinking about you. This was not the usual hyperbole busy professors use to flatter their favorite students. Since returning from my talk at the Economics-of-Race conference, I had been meaning to call Rodrigo to thank him for helping me prepare for it. How has the term been treating you? Not bad. How was your conference?... 1993
Robert Anthony Watts Shattered Dreams and Nagging Doubts: the Declining Support among Black Parents for School Desegration 42 Emory Law Journal 891 (Summer, 1993) The response of the black community to the DeKalb County school desegregation suit reflects one of the central dilemmas of school desegregationthe loss of support among its primary constituency. As a reporter at The Atlanta Journal-Constitution, I covered the DeKalb County School System and the school desegregation case for four years. In the... 1993
Thomas D. Morris Slaves and the Rules of Evidence in Criminal Trials 68 Chicago-Kent Law Review 1209 (1993) The negro, as a general rule, is mendacious. In 1853 William Goodell searingly observed that the slave becomes a person whenever he is to be punished! . He is under the control of law, though unprotected by law, and can know law only as an enemy, and not as a friend. Goodell's argument that slaves were outside the protection of the law rested... 1993
Monica J. Evans Stealing Away: Black Women, Outlaw Culture and the Rhetoric of Rights 28 Harvard Civil Rights-Civil Liberties Law Review 263 (Summer, 1993) Steal away, steal away, steal away to Jesus; Steal away, steal away home, I ain't got long to stay here. My Lord calls me; He calls me by the thunder, The trumpet sounds within-a my soul, I ain't got long to stay here. The African-American spiritual Steal Away is located within the tradition of escape songs, a series of codes embedded in music and... 1993
Amii Larkin Barnard The Application of Critical Race Feminism to the Anti-lynching Movement: Black Women's Fight Against Race and Gender Ideology, 1892-1920 3 UCLA Women's Law Journal 1 (Spring, 1993) At the turn of the twentieth century, two intersecting ideologies controlled the consciousness of Americans: White Supremacy and True Womanhood. These cultural beliefs prescribed roles for people according to their race and gender, establishing expectations for proper conduct. Together, these beliefs created a climate for lynch ideology to... 1993
Lawrence Vogelman The Big Black Man Syndrome: the Rodney King Trial and the Use of Racial Stereotypes in the Courtroom 20 Fordham Urban Law Journal 571 (Spring, 1993) Nearly everyone had a reaction to the verdict in the Rodney King Case some ignored the trial and concentrated on the riots in Los Angeles; others, with broad strokes, dismissed the population of Ventura County, California, as obviously stupid, blind and racist; others maintained it was just another example of the criminal justice system's... 1993
Miriam Paula Gladden The Constitutionality of African-american Male Schools and Programs 24 Columbia Human Rights Law Review 239 (Winter, 1992/1993) As the Supreme Court stated in the landmark case of Brown v. Board of Education, Education is perhaps the most important function of state and local governments. In these days, it is doubtful that any child may reasonably be expected to succeed in life if he is denied the opportunity of an education. Such an opportunity, where the state has... 1993
Rhonda V. Magee The Master's Tools, from the Bottom Up: Responses to African-american Reparations Theory in Mainstream and Outsider Remedies Discourse 79 Virginia Law Review 863 (May, 1993) Prologue. 864 I. Introduction. 864 II. Racial Remedies Theory. 868 A. The Traditional Debate: Nationalism Versus Integrationism. 868 B. A New Perspective: Cultural Equity Theory. 871 C. Reparations, Separation, and Integration as Cultural Equity Methods. 875 III. The Reparations Tradition Within Racial Remedies Discourse. 876 A. A Modern... 1993
Reginald Leamon Robinson The Other Against Itself: Deconstructing the Violent Discourse Between Korean and African Americans 67 Southern California Law Review 15 (November, 1993) I. INTRODUCTION. 17 II. THE KOREAN AND AFRICAN AMERICAN COMMUNITIES: THE LEGAL NARRATIVE OF RACIAL INJUSTICE AND ECONOMIC INEQUALITY. 35 A. The African American Community: White Supremacy As National Policy. 41 1. The Antebellum Era. 42 2. The Post-Bellum Era. 44 B. The Asian American Community: Independence over Struggles Against Racism. 57 III.... 1993
Elizabeth F. Loftus , Laura A. Rosenwald The Rodney King Videotape: Why the Case Was Not Black and White 66 Southern California Law Review 1637 (May, 1993) In 1960, a New York Times reporter traveled to Mississippi to write about the lynching of a black man who had been dragged by a white mob from a jail where he was serving a sentence for raping a white woman. Perhaps not surprisingly, the local grand jury later failed to indict anyone for the murder. A local official told the Times reporter, You... 1993
Michael W. Combs The Supreme Court and African Americans: Personnel and Policy Transformations 36 Howard Law Journal 139 (1993) Historically, African Americans have been excluded from participation in the political, social and economic life of America. One of the causes and consequences of this exclusion has been the disproportionate lack of political resources among African Americans. An examination of key resources, (i.e., income, wealth, status, systemic support,... 1993
Elizabeth A. Gaynes The Urban Criminal Justice System: Where Young + Black + Male = Probable Cause 20 Fordham Urban Law Journal 621 (Spring, 1993) People without a future can be dangerous. We live in a culture where most adults would cross the street rather than come in contact with a group of minority youth, and where most minority youth see a future that has no place for them. We live in a country in which one out of four young African-American men is under some form of custodial... 1993
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