| Author | Title | Citation | Summary | Year |
| Lisa C. Ikemoto |
Traces of the Master Narrative in the Story of African American/korean American Conflict: How We Constructed "Los Angeles" |
66 Southern California Law Review 1581 (May, 1993) |
Many who have written about Los Angeles see the dynamics of race in the terrible events that took place on April 29 to May 1, 1992. Some blamed Black racism for what happened; others found fault with the behavior of Korean merchants. Others, more perceptively, blamed our society's system of white-over-colored supremacy for pitting the two outsider... |
1993 |
| David B. Wilkins |
Two Paths to the Mountaintop? The Role of Legal Education in Shaping the Values of Black Corporate Lawyers |
45 Stanford Law Review 1981 (July, 1993) |
The week of January 18, 1993, was filled with both hope and sorrow for black lawyers. At the beginning of the week, Martin Luther King's birthday was legally celebrated in every state for the first time since it was declared a national holiday. The next day, the first president in twelve years to endorse enthusiastically the use of law as an... |
1993 |
| Tarvald Anthony Smith |
United States V. Fordice: the Interpretation of Desegregation in Higher Education and the Struggle for the Survival of the Historically Black College in America |
20 Southern University Law Review 407 (Fall, 1993) |
On May 17, 1954, the United States Supreme Court purported to resolve the issue of segregation in public primary and secondary schools, in its landmark decision Brown v. Board of Education. In Brown, the court stated, in the field of public education, the doctrine of separate but equal has no place. Thirty-eight years later, the question of... |
1993 |
| Carl Tobias |
Untenable, Unchristian, and Unconstitutional |
58 Missouri Law Review 855 (Fall 1993) |
Clara J. McKenney donated her residence to the city of Petersburg, Virginia, in 1924 for use as a free library. She gave the building as a memorial to her husband, William Robertson McKenney, a well-respected lawyer who had practiced in Petersburg for many years. John Dodson, the first mayor of Petersburg, erected the building in 1859 as a private... |
1993 |
| Wilma Williams Pinder |
When Will Black Women Lawyers Slay the Two-headed Dragon; Racism and Gender Bias? |
20 Pepperdine Law Review 1053 (1993) |
Racism remains the most debilitating virus in the American system and the consequences spill over into almost every facet of life. Lawyers are often analogized to knights because of the many characteristics they share. Both groups of warriors dedicate themselves to causes for which they fight. Skill and courage are essential characteristics in... |
1993 |
| Lloyd Cohen |
A Different Black Voice in Legal Scholarship |
37 New York Law School Law Review 301 (1992) |
The standards of achievement in law are eclectic, subjective, and ad hoc. This observation is offered as a positive assessment rather than a normative criticism. Such standards are all that one should rightly expect of a discipline that takes as its subject a creation of the mysterious human spirit and as its purpose to channel man's changing... |
1992 |
| M. Varn Chandola |
Affirmative Action in India and the United States: the Untouchable and Black Experience |
3 Indiana International & Comparative Law Review 101 (Fall, 1992) |
To alleviate discriminatory practices against certain historically oppressed groups, a small number of countries have adopted affirmative action. In the United States, affirmative action is defined as a system of preferential treatment for minorities and women which attempts to compensate them for being denied opportunities of advancement due to... |
1992 |
| Russell L. Jones |
African American Legal Pioneers--the First Generation: a Biography of Attorney James Sharp Jr. |
19 Southern University Law Review 297 (Fall, 1992) |
In the 1950s a very small thriving and self-contained black middle class began to emerge across the United States. Due in part to the Supreme Court cases tried by lawyers from the National Association for the Advancement of Colored People (NAACP) some African Americans were earning professional degrees at black institutions, and a small minority of... |
1992 |
| Charlotte Rutherford |
African American Women and "Typically Female," Low-wage Jobs: Is Litigation the Answer? |
17 Yale Journal of International Law 211 (Winter, 1992) |
Many people expected the elimination of racial stereotypes and job barriers to improve economic conditions for both African American men and women in the labor market. Even as legal victories have opened new and better-paying jobs for African American workers, however, the level of poverty among African American families headed by working women has... |
1992 |
| Pamela J. Smith |
All-male Black Schools and the Equal Protection Clause: a Step Forward Toward Education |
66 Tulane Law Review 2003 (June, 1992) |
I. Introduction. 2004 II. Continuing the Quest for Quality Education of African-American Children. 2008 A. Distinguishing Between De Jure and De Facto Segregation. 2009 B. Questioning the Black Label. 2011 C. Analyzing Separate-But-Equal by Race. 2012 III. Discriminating Based on Gender. 2016 A. Analyzing Separate-But-Equal by Sex. 2016 B.... |
1992 |
| Regina Austin |
Black Women, Sisterhood, and the Difference/deviance Divide |
26 New England Law Review 877 (Spring, 1992) |
Sameness and difference do not neatly encompass all the categories into which deserving black woman might be placed or might place themselves. To be sure, sameness and difference, vis-a-vis whites of course, have been useful rhetorical devices by which blacks have launched assaults at the border between liberation and oppression and... |
1992 |
| Christopher Steskal |
Creating Space for Racial Difference: the Case for African-american Schools |
27 Harvard Civil Rights-Civil Liberties Law Review 187 (Winter, 1992) |
On September 3, 1991, the City of Milwaukee opened its highly publicized African-American Immersion School, a coeducational elementary school that focuses primarily upon the needs of African-American males. The Detroit Board of Education authorized the creation of the Male Academy on February 26, 1991. The schools opened in coeducational form on... |
1992 |
| Charles R. Lawrence III |
Cringing at Myths of Black Sexuality |
65 Southern California Law Review 1357 (March, 1992) |
On Friday evening [October 11, 1991], Clarence Thomas called the Judiciary Committee hearings inquiring into Anita Hill's charges of sexual harassment a high-tech lynching of an uppity black man. On Saturday, he called himself the victim of bigoted racial attitudes about black men and their views on sex. Is this another confirmation conversion?... |
1992 |
| Richard Delgado |
Derrick Bell's Racial Realism: a Comment on White Optimism and Black Despair |
24 Connecticut Law Review 527 (Winter, 1992) |
DERRICK Bell's Racial Realism is likely to be met with a predictable responsefrom his readers of majority race, at any rate. Why such a somber message, some will ask? Yes, yes, we know the Supreme Court has been handing down a series of unfriendly decisions, but has not the Congress reversed most of them? And do not some statistics, at least,... |
1992 |
| Paul Finkelman |
Fugitive Slaves, Midwestern Racial Tolerance, and the Value of "Justice Delayed" |
78 Iowa Law Review 89 (October, 1992) |
This is the Court of Chancery; . Suffer any wrong that can be done you, rather than come here! The legal community accepts, almost without question, that justice delayed is justice denied. Certainly that is true for most cases. Without her day in court a civil plaintiff cannot win deserved damages. Until a trial brings out the truth of the... |
1992 |
| Regina Austin |
Left at the Post: One Take on Blacks and Postmodernism |
26 Law and Society Review 751 (1992) |
If there is one thing that is not universal, it is the enjoyment of the material benefits of modernism. The postmodernists tend to confuse materialism (which is rampant) with material well-being (which is not). The liberating riches of postindustrial development have not entirely found their way into pockets of poverty in Anacostia,... |
1992 |
| Charlotte Rutherford, Esq. |
Reproductive Freedoms and African American Women |
4 Yale Journal of Law & Feminism 255 (Spring, 1992) |
As an African American, a civil rights lawyer, a mother, and a feminist, I view reproductive freedoms for African American women from both a personal and professional perspective. Reproductive freedoms are life and death issues for many African American women and, as such, deserve as much recognition as any other freedom. Despite the importance of... |
1992 |
| Mark Curriden |
Selective Prosecution |
78-FEB ABA Journal 54 (February, 1992) |
Kansas City, Mo., Mayor Emanuel Cleaver admits he is paranoid. The rookie chief executive of one of the largest cities in the Midwest fears that he will be investigated by the federal government. I've done nothing wrong, Cleaver asserts. But from what I've heard and seen, that really doesn't matter. Some of my colleagues say I can expect to be... |
1992 |
| L. Darnell Weeden |
Statutory and Equal Protection Remedies to Save Historically Black Colleges from the Effects of Invidious Desegregation |
18 Thurgood Marshall Law Review 41 (Fall, 1992) |
The 1992 decision rendered by the United States Supreme Court in U.S. v. Fordice, prompts this discussion regarding the appropriate remedies courts should apply in desegregating higher education. On its face the holding of Fordice appears simple enough. The Court held that merely adopting and implementing race neutral policies to govern colleges... |
1992 |
| Regina Austin |
The Black Community, its Lawbreakers, and a Politics of Identification |
65 Southern California Law Review 1769 (May, 1992) |
There exists out there, somewhere, the black community. It once was a place where people both lived and worked. Now it is more of an idea, or an ideal, than a reality. It is like the mythical maroon colony of the Isle des Chevaliers (for those of you who have read Toni Morrison's Tar Baby) or like Brigadoon (for those of you who are culturally... |
1992 |
| Stephanie B. Goldberg |
The Long-distance Runner |
78-JUN ABA Journal 70 (June, 1992) |
One of the hallmarks of Thurgood Marshall's career is an unswerving commitment to principle that followed him from his days at the NAACP Legal Defense Fund all the way to the U.S. Supreme Court, stopping in between to serve as a federal judge and U.S. solicitor general. Those who know him, however, can testify to his other vocation-the training and... |
1992 |
| Kevin Brown |
The Social Construction of a Rape Victim: Stories of African-american Males about the Rape of Desiree Washington |
1992 University of Illinois Law Review 997 (1992) |
Becoming an individual in American society, or any other society, is not done in a vacuum. What passes as our individual consciousness is developed under the guidance of cultural patterns and historically created systems of meanings. We are not free agents bound only by our own understanding of what we perceive as reality. Rather, our consciousness... |
1992 |
| Pamela J. Smith |
We Are Not Sisters: African-american Women and the Freedom to Associate and Disassociate |
66 Tulane Law Review 1467 (May, 1992) |
I. Introduction. 1467 II. Basis for Choosing to Disassociate. 1472 A. Racism Among Sisters. 1472 B. A Different Past. 1480 C. A Different Present. 1483 III. Reasons for Choosing to Associate. 1490 A. Breaking the Chains of Silence. 1491 B. Coming to Voice. 1493 IV. The First Amendment's Right to Associate or Disassociate. 1496 A. Intimate... |
1992 |
| |
When Victims Happen to Be Black Neoconservatives |
105 Harvard Law Review 773 (January, 1992) |
From the recent Senate confirmation hearings of Justice Clarence Thomas, to the debate over quotas in the Civil Rights Act of 1991, to the bitter fights over student and faculty diversity at leading law schools, traditional justifications for affirmative action have come under increasing attack. In Reflections of an Affirmative Action Baby,... |
1992 |
| Jerome McCristal Culp, Jr. |
You Can Take Them to Water but You Can't Make Them Drink: Black Legal Scholarship and White Legal Scholars |
1992 University of Illinois Law Review 1021 (1992) |
We stand at a critical crossroads. The growth in the total number of scholars of color and in the number of places that are beginning to have a critical mass of scholars of color has begun to reap dividends in terms of a scholarship that is centered on the concerns of people of color. These black scholars have given voice to the interests of people... |
1992 |
| Major Fred L. Borch |
America's First Black General and Benjamin O. Davis, Jr.: American |
134 Military Law Review 245 (Fall, 1991) |
These two booksa biography about Army Brigadier General Benjamin O. Davis, Sr., and an autobiography by his son, a retired Air Force Lieutenant Generalwill interest military lawyers for at least two reasons. First, both books reveal the personal struggle of two men serving as commissioned officers despite military laws and regulations designed to... |
1991 |
| Wilton E. Blake, II |
Ayers V. Allain Threatens the Survival of State Supported Historically Black Universities |
34 Howard Law Journal 397 (1991) |
The time has come, the Walrus said, To talk of many things; Of shoesand shipsand sealing wax Of Cabbagesand kings And why the sea is boiling hot and whether pigs have wings. We'll sit and chat of times gone by, and visit with the queens Brown, and, Sweatt and Meredith not to mention the fertile Green And then we'll see why Ayers should fly... |
1991 |
| Mary L. Clark |
Black Votes Count: Political Empowerment in Mississippi after 1965. Frank R. Parker. Chapel Hill, N.c.: University of North Carolina Press, 1990. Pp. 254. $29.95, Cloth |
26 Harvard Civil Rights-Civil Liberties Law Review 301 (Winter, 1991) |
Mississippi has more blacks as a percentage of its population than any other state. Blacks constituted 35% of the state population in 1980, 37% in 1970, and 42% in 1960 (p. 2). Nonetheless, until passage of the Voting Rights Act [the Act] in 1965 and subsequent enforcement through federal litigation, blacks were effectively denied the right to... |
1991 |
| Diane E. Galanis |
Climbing the Mountain |
77-APR ABA Journal 60 (April, 1991) |
For black lawyers who practiced law before the civil rights movement took off, life was a series of challenges and hard times. Their stories span six decades and conjure up names such as Booker T. Washington, Franklin Delano Roosevelt, Billie Holiday, Duke Ellington and Martin Luther King Jr. There are memories of not being able to practice in... |
1991 |
| Norman O. Hemming, III |
Genocide: the Legal Extermination of the African-american's Economic Interests |
34 Howard Law Journal 313 (1991) |
This is the story of my life, it is a story of all [emphasis added] life. It is good to tell, sharing with four legs and all the wings of the air and all green things, for they are all of one mother and the father is of one spirit. Now that I can see it all, as from a lonely hilltop, I know it was the story of a mighty vision, given to a man too... |
1991 |
| John A. Powell , Eileen B. Hershenov |
Hostage to the Drug War: the National Purse, the Constitution and the Black Community |
24 U.C. Davis Law Review 557 (Spring, 1991) |
In 1982, former President Ronald Reagan declared war on drugs. Six years later, in response to polls showing that Americans considered drug use the number one domestic problem, his successor, George Bush, vowed to wage the war with renewed vigor. Over the course of the past eight years and in apparent belief that where there's war there must be... |
1991 |
| |
Invisible Man: Black and Male under Title Vii |
104 Harvard Law Review 749 (January, 1991) |
The man said, I believe they are short-handed, but I don't believe they're employing any colored boys in the reconversion jobs. I said, What makes you think I'm colored? They done took such words off of jobs in New York State by law. I know he wanted to say, But they ain't took the black off of your face. On March 20, 1989, Leo Johnson... |
1991 |
| David R. Dow |
Law School Feminist Chic and Respect for Persons: Comments on Contract Theory and Feminism in the Flesh-colored Band Aid |
28 Houston Law Review 819 (July, 1991) |
C1-5Table of Contents I. L2-4,T2INTRODUCTION. .819 II. L2-4,T2CONTRACT LAW, ASSENT, AND THE PRIMACY OF THE INDIVIDUAL. .822 A. L3-4,T3Individualism. 823 B. L3-4,T3Relational Contracts. 826 III. L2-4,T2LANGUAGE, POWER, AND RESPECT FOR PERSONS: TWO WEAKNESSES IN FEMINIST THEORY. .831 A. L3-4,T3Language and the Power of Naming. .835 1. S50The... |
1991 |
| Daniel P. Doyle, David F. Luckenbill |
Mobilizing Law in Response to Collective Problems: a Test of Black's Theory of Law |
25 Law and Society Review 103 (1991) |
Donald Black's theory of law states that the quantity of law can be explained in terms of stratification, morphology, culture, organization, and social control. Empirical tests of this theory have produced disparate findings. For the most part, previous tests have focused on criminal law and on the use of law to deal with personal problems. In the... |
1991 |
| Dr. Velma LaPoint, Assoc. Dean of Human Ecology |
Prison's Effect on the African-american Community |
34 Howard Law Journal 537 (1991) |
The title of my presentation is Parents Inside, Children Outside, Research Policies, Service Legal and Advocacy Issues Surrounding Incarcerated African-American Parents and Their Children. The incarceration of parents represents a major stress and challenge in the lives of children and their parents. For most families, this event is one of many... |
1991 |
| Steven Siegel |
Race, Education, and the Equal Protection Clause in the 1990s: the Meaning of Brown V. Board of Education Re-examined in Light of Milwaukee's Schools of African-american Immersion |
74 Marquette Law Review 501 (Spring/Summer, 1991) |
On September 20, 1990, the Milwaukee Board of Education voted to establish two public schools specifically designed to meet the academic and social needs of black boys. The pilot schools, to be called Schools of African-American Immersion, will emphasize black history and culture, build self-esteem, and promote the rewards of responsible male... |
1991 |
| A. Leon Higginbotham, Jr. , Greer C. Bosworth |
Rather than the Free: Free Blacks in Colonial and Antebellum Virginia |
26 Harvard Civil Rights-Civil Liberties Law Review 17 (Winter, 1991) |
[A]ll of them had been brought here as articles of merchandise. The number that had been emancipated at that time were identified in the public mind with the race to which they belonged, and regarded as a part of the slave population rather than the free. Although Chief Justice Taney has been criticized often for his pernicious opinion in Dred... |
1991 |
| Cheryl E. Amana |
Recruitment and Retention of the African American Law Student |
19 North Carolina Central Law Journal 207 (1991) |
We need not let color blindness become myopia which masks the reality that many created equal have been treated within our lifetimes as inferior both by the law and by their fellow citizens. In 1869, George Lewis Ruffin became the first African American to graduate from an American law school. Even with this relatively early entrance, compared... |
1991 |
| Sharon Angella Allard |
Rethinking Battered Woman Syndrome: a Black Feminist Perspective |
1 UCLA Women's Law Journal 191 (Spring, 1991) |
The plight of battered women gained national attention when Farrah Fawcett portrayed a battered spouse in the television movie The Burning Bed. The program depicted the physical and psychological torture that leads a battered woman to take the life of her batterer, and the subsequent legal challenges she faces when claiming self-defense in response... |
1991 |
| Michael W. Klein |
Rose Is in Red, Black Sox Are Blue: a Comparison of Rose V. Giamatti and the 1921 Black Sox Trial |
13 Hastings Communications and Entertainment Law Journal (COMM/ENT) 551 (Spring, 1991) |
I. Baseball in 1919 vs. Baseball in 1989: What a Difference 70 Years Make A. The Economic Status of Major League Baseball B. In Trusts We Trust: A Historical Look at the Legal Status of Major League Baseball C. The Reserve Clause D. The Office and Powers of the Commissioner II. You Bet: U.S. Gambling Laws in 1919 and 1989 III. Black Sox and... |
1991 |
| Peggie R. Smith |
Separate Identities: Black Women, Work, and Title Vii |
14 Harvard Women's Law Journal 21 (Spring, 1991) |
No other group in America has so had their identity socialized out of existence as have black women. We are rarely recognized as a group separate and distinct from black men, or as a present part of the larger group women in this culture . . . . When black people are talked about the focus tends to be on black men; and when women are talked about... |
1991 |
| Henry C. Strickland III |
Thaddeus Donald Edmonson |
1990-91 Preview of United States Supreme Court Cases 139 (1/25/1991) |
Parties in civil and criminal jury trials participate in choosing the jury that will hear their case by challenging prospective jurors to whom they object. They may challenge jurors in two ways. First, a party may challenge any number of jurors for cause, in which case the court determines if some reason exists for disqualifying the challenged... |
1991 |
| Joan Mahoney |
The Black Baby Doll: Transracial Adoption and Cultural Preservation |
59 UMKC Law Review 487 (Spring, 1991) |
Rachel is eighteen months old. She has two favorite toys that she carries with her wherever she goes, or wherever we allow them to be carried along. One is a gray mouse that she received for her first Christmas. She has slept with Mousie every night since then, and he is rather the worse for wear. He seems less fully stuffed than he was when he... |
1991 |
| Anita L. Allen |
The Black Surrogate Mother |
8 Harvard BlackLetter Journal 17 (Spring, 1991) |
In earlier essays, I considered two aspects of the practice of surrogate parenting. In the first article, I examined the Baby M case and argued in favor of an inalienable constitutional right of the surrogate mother to a post-natal opportunity to change her mind about relinquishing parental rights. The second essay, considered-and rejected-the... |
1991 |
| Patricia A. Tidwell , Peter Linzer |
The Flesh-colored Bank Aid-contracts, Feminism, Dialogue, and Norms |
28 Houston Law Review 791 (July, 1991) |
C1-4Table of Contents I. L2-3INTRODUCTION. 791 II. L2-3A BRIEF SKETCH OF RELATIONAL CONTRACTS . 794 III. L2-3THE FEMININE VOICE. 798 IV. L2-3CONTRACTS IN A FEMININE VOICE. 800 A.. The Power of Naming. 801 B.. Developing Less Formalized Rules. 803 C.. Embracing a Broader View of Value. 804 D.. A Different View of Obligation and Excuse. 805 V.... |
1991 |
| John J. Donohue III |
The Impact of Federal Civil Rights Policy on the Economic Status of Blacks |
14 Harvard Journal of Law & Public Policy 41 (Winter, 1991) |
American civil rights policy is poised at a crossroads. The Supreme Court, reshaped by the perspectives of a new Chief Justice and three other Reagan appointees, appears convinced that the federal law against employment discrimination must be trimmed. This is evidenced by recent decisions diminishing the impact of the major judicial expansions of... |
1991 |
| Roy Carleton Howell |
The New Legal Strategy for Black Americans in the Twenty First Century |
17 Thurgood Marshall Law Review 59 (Fall, 1991) |
The current old guard leadership of the Civil Rights movement seeks to overcome omnipotent institutional racism against Black Americans through domestic judicial and political actions. In the judicial arena, legal initiatives have primarily been focused upon eradication of employment discrimination against Black Americans based on race. While in... |
1991 |
| Robert J. Cottrol , Raymond T. Diamond |
The Second Amendment: Toward an Afro-americanist Reconsideration |
80 Georgetown Law Journal 309 (December, 1991) |
Introduction I. Armed Citizens, Freemen, and Well-Regulated Militias: The Beginnings of an Afro-American Experience with an Anglo-American Right A. ENGLISH LAW AND TRADITION B. ARMS AND RACE IN COLONIAL AMERICA C. THE RIGHT OF WHICH PEOPLE? 1. Revolutionary Ideals 2. Racial Limitations II. Arms and the Antebellum Experience A. THE SOUTHERN... |
1991 |
| Lani Guinier |
The Triumph of Tokenism: the Voting Rights Act and the Theory of Black Electoral Success |
89 Michigan Law Review 1077 (March, 1991) |
I. THE ROOTS OF BLACK ELECTORAL SUCCESS THEORY A. The Civil Rights Movement's Theory of Political Participation 1. Political Participation: Mobilizing the Black Community 2. Political Participation: Promoting a Social and Economic Agenda 3. Political Participation: Electing Responsive Officials B. The Evolution of a Legal Strategy of Political... |
1991 |
| Jerome McCristal Culp, Jr. |
Toward a Black Legal Scholarship: Race and Original Understandings |
1991 Duke Law Journal 39 (February, 1991) |
[First White Professional]: I meanI didn't want to be like Ernie Banks. I wanted to be Ernie Banks. [Second White Professional]: Mr. Cub. [First White Professional]: And, it never really dawned on me that he was black, you know? [Second White Professional]: Wrist hitter. [First White Professional]: I was, you know, seven years old. And he was just... |
1991 |