AuthorTitleCitationSummaryYear
Elizabeth Bartholet Where Do Black Children Belong? The Politics of Race Matching in Adoption 139 University of Pennsylvania Law Review 1163 (May, 1991) I. EARLY FRAGMENTS FROM ONE TRANSRACIAL ADOPTION STORY II. THE HISTORY III. CURRENT RACIAL MATCHING POLICIES A. A Picture of the Matching Process at Work B. The Proverbial Tip of the Iceberg-Of Written Rules and Documented Cases 1. Laws, Regulations, and Policy Guidelines Mandating Consideration of Race in the Placement Decision 2. Cases... 1991
Judy Scales-Trent Commonalities: on Being Black and White, Different, and the Same. 2 Yale Journal of Law & Feminism 305 (Spring, 1990) Many in my family are various shades of brown, as is common in most black families. Many others of us, however, look white. I wrote these journal notes, and this essay, as a way of coming to terms with the dilemma of being black and looking white in a society which does not handle anomalies very well. It is only recently that I have realized that... 1990
James M. O'Fallon , Cheyney C. Ryan Finding a Voice, Giving an Ear: Reflections of Masters/slaves, Men/women 24 Georgia Law Review 883 (Summer, 1990) How are men to listen and respond to feminist discourse - a discourse in which the male subject is persistently and insistently problematized? This question is particularly pressing when the subject of the discourse is jurisprudence and the audience is academics, for legal academia seems to instantiate the standpoints of detachment, noninvolvement... 1990
Alan Raphael Larry Joe Powers 1990-91 Preview of United States Supreme Court Cases 15 (9/28/1990) Powers v. Ohio presents the Court with the question whether a defendant of one race may challenge, as a violation of the equal protection clause of the 14th Amendment, the state's use of peremptory challenges to remove prospective jurors of another race from the jury. Although the issue is not directly raised by the facts of this case, the Court... 1990
Christopher Adams Sociological Justice. By Donald Black. New York: Oxford University Press. 1989. Pp. X, 179. $19.95 88 Michigan Law Review 1865 (May, 1990) Sociologist Donald Black seeks to expand our knowledge of the law by introducing a new field of legal scholarship: the sociology of the case. The sociology of the case explores the extent to which various sociological factors affect the outcome of a case. In his latest book, Sociological Justice, Black argues that the legal profession can use the... 1990
Todd D. Rakoff Sociological Justice. By Donald Black. Oxford University Press, New York, New York, 1989, 192 Pages, $19.95 76 Virginia Law Review 1287 (September, 1990) What do we want to know from a sociologist of law? If we are a group of what Justice Holmes provocatively termed bad men, people who care nothing about the morality or meaning of the law, but a great deal about its positive consequences, what we want to know is how sociology helps us predict the outcome of cases. In Sociological Justice,... 1990
Thomas Ross The Rhetorical Tapestry of Race: White Innocence and Black Abstraction 32 William and Mary Law Review Rev. 1 (Fall, 1990) Nineteenth-century Americans lived in a truly racist society. Racist talk and racial epithets were accepted forms of public discourse. Black persons were first enslaved, and later segregated and subjugated, by law. And their Supreme Court sanctioned all of this in the name of the Constitution. In matters of race, the period was shameful and tragic... 1990
Cassia Spohn The Sentencing Decisions of Black and White Judges: Expected and Unexpected Similarities 24 Law and Society Review 1197 (1990) Those who champion the representation of blacks on the bench argue that black judges may make a difference. Indeed, some suggest that increasing the proportion of black judges might result in more equitable treatment of black and white defendants. In this study we test these expectations. Using data on defendants charged with violent felonies, we... 1990
Louis H. Pollak We're Going to Miss You on the Court Because We Need Youdd' 99 Yale Law Journal 2091 (June, 1990) Adversaries' might well have been a better word. It would have carried less of a connotation of mutual animosity than antagonists'the key word in the title of the recent book, The Antagonists: Hugo Black, Felix Frankfurter and Civil Liberties in Modern America, by James F. Simon, Dean of New York Law School. To be sure, antagonists' seems to... 1990
Mary S. Bernabe Affirmative Action--one-for-one Promotions of Qualified Black and White Employees Is Permissible as an Interim Measure to Remedy the Present Effects of past Discrimination--united States V. Paradise, 107 S.ct. 1053 (1987) 38 Drake Law Review 953 (1988/1989) After more than fifty years, the discriminatory employment practices of the Alabama Department of Public Safety were put to rest on February 25, 1987, in United States v. Paradise. In order to understand the implications of the case, one must be familiar with the past practices of the Alabama Department of Public Safety and the ensuing litigation.... 1989
Judy Scales-Trent Black Women and the Constitution: Finding Our Place; Asserting Our Rights 24 Harvard Civil Rights-Civil Liberties Law Review 9 (Winter, 1989) The economic, political, and social situation of black women in America is bad, and has been bad for a long time. Historically, they have borne both the disabilities of blacks and the disabilities which inhere in their status as women. These two statuses have often combined in ways which are not only additive, but synergisticthat is, they create a... 1989
Cathy Scarborough Conceptualizing Black Women's Employment Experiences 98 Yale Law Journal 1457 (May, 1989) For me to think about racism and sexism meant I had to pull myself together and look at myself as one person under a law that separates me into my woman being and into my Black being. Kimberlé Crenshaw Black women in America have always been workersas slaves, farmers, domestics, skilled and unskilled laborers, and even, in small numbers, as... 1989
Lani Guinier Keeping the Faith: Black Voters in the Post-reagan Era 24 Harvard Civil Rights-Civil Liberties Law Review 393 (Spring, 1989) When President Ronald Reagan left office in January 1989, many of us within the black community collectively sighed with relief. For eight years the Reagan Administration had sowed conflict and division between itself and civil rights groups, and had contributed to an increasing sense of isolation among African-Americans. The Reagan legacy has... 1989
Kevin D. DeBre' Patents on People and the U.s. Constitution: Creating Slaves or Enslaving Science 16 Hastings Constitutional Law Quarterly 221 (Winter, 1989) [M]an's power over Nature turns out to be a power exercised by some men over other men with Nature as its instrument. C. S. Lewis Genetic engineering technologies have emerged from the laboratory to meet the needs of the marketplace. Products of biotechnology hold promise for increasing world food supplies, curing fatal viral infections, producing... 1989
A. Leon Higginbotham, Jr. , Barbara K. Kopytoff Property First, Humanity Second: the Recognition of the Slave's Human Nature in Virginia Civil Law 50 Ohio State Law Journal 511 (1989) C1-2TABLE OF CONTENTS I. INTRODUCTION II. RECOGNITION OF THE HUMANITY OF THE SLAVE IN WAYS THAT DID NOT INVADE THE RIGHTS OF PROPERTY A. The Owner's Entitlement to Specific Slaves Versus Monetary Compensation B. Slaves as Agents C. Bailment: The Provision of Basic Necessities D. Civil Liability for the Willful Wrongs of Slaves E. Summary III.... 1989
H. N. Hirsch Race and Class, Law and Politics 69 Boston University Law Review 457 (March, 1989) These two recent, important books, written by two very different scholars, reach a starkly similar conclusion--that despite the monumental advances in civil rights litigation and legislation since 1954, the lives of most black Americans remain unimproved. We have made progress in everything, says Bell's fictional heroine, Geneva Crenshaw, yet... 1989
E. M. Beck, James L. Massey, Stewart E. Tolnay The Gallows, the Mob, and the Vote: Lethal Sanctioning of Blacks in North Carolina and Georgia, 1882 to 1930 23 Law and Society Review 317 (1989) This paper examines the relationship between lynchings and executions of blacks in North Carolina and Georgia between 1882 and 1930 as well as before and after the political disenfranchisement of blacks in both states. The findings are used to assess two competing models of the relationship between these different types of lethal sanctioning. No... 1989
Jennifer L. Hochschild The Politics of Victimization Makes Strange Bedfellows 87 Michigan Law Review 1584 (May, 1989) One of the main rewards of studying race in America is that racial politics constantly overturns conventional assumptions about what goes with what. We usually think we know how left- and right-wingers differ on politically salient issues. We further assume that, at least among well educated people, knowing a person's view on one issue enables us... 1989
Eileen Boris The Power of Motherhood: Black and White Activist Women Redefine the "Political" 2 Yale Journal of Law & Feminism 25 (Fall, 1989) Yes, it is the great mother-heart reaching out to save her children from war, famine and pestilence; from death, degradation and destruction, that induces her to demand Votes for Women, knowing well that fundamentally it is really a campaign for Votes for Children. - [Mrs.] Carrie W. Clifford, Honorary President of the Federation of Colored... 1989
Richard L. Engstrom When Blacks Run for Judge: Racial Divisions in the Candidate Preferences of Louisiana Voters 73 Judicature 87 (August/September, 1989) Judicial election systems in a number of states are today being challenged for impermissibly diluting the electoral influence of minority voters. These challenges are based on Section 2 of the federal Voting Rights Act, as amended in 1982. This statutory provision prohibits state and local governments from structuring the electoral process in ways... 1989
Bonnie L. Mayfield Batson and Groups Other than Blacks: a Strict Scrutiny Analysis 11 American Journal of Trial Advocacy 377 (Spring, 1988) The process of selecting a jury typically proceeds in three phases. The first phase of selection involves compiling a complete list of prospective jurors. The second phase consists of the prospective jurors requesting to be excused from jury duty and thereby voluntarily removing themselves from the jury venire. The final phase consists of... 1988
Stanley P. Stocker-Edwards Black Housing 1860-1980: the Development, Perpetuation, and Attempts to Eradicate the Dual Housing Market in America 5 Harvard BlackLetter Journal 50 (4/1/1988) In 1968 Congress passed Title VIII of the Civil Rights Act of 1968 known as of the Fair Housing Act. Hailed as the most forceful federal weapon against discrimination in housing, Title VIII and Jones v. Alfred H. Mayer Co., decided the same year, promised to eliminate discrimination in the housing market that had existed for most of the century.... 1988
Ankur J. Goel, Willie J. Lovett, Jr., Robert Patten, Robert L. Wilkins Black Neighborhoods Becoming Black Cities: Group Empowerment, Local Control and the Implications of Being Darker than Brown 23 Harvard Civil Rights-Civil Liberties Law Review 415 (Summer, 1988) [T]he residents of our community have never received a fair share of anything from Boston, except neglect. The [Mandela] proposal is fiscally unsound as well as racially and morally undesirable. [T]his is a referendum on whether we continue to work to make the political bodies, the economic and cultural life of this city open to all and reflective... 1988
Nina Burleigh Black Women Lawyers 74-JUN ABA Journal 64 (June, 1988) Muzette Hill is a young black woman on the fast track: Northwestern University undergraduate degree, Boalt Hall law degree, federal appellate court clerkship, and now associate at a major Chicago law firm. She has been mistaken for a court reporter at every deposition she has ever attended. Plainfield, N.J., Municipal Judge Paulette Brown was the... 1988
J. Clay Smith, Jr. In the Shadow of Plessy: a Portrait of Mccants Stewart, Afro-american Legal Pioneer 73 Minnesota Law Review 495 (December, 1988) This Lecture considers the career of McCants Stewart, one of the first Afro-American graduates of the University of Minnesota Law School, and the first Afro-American to be admitted to the bar and to practice law in the state of Oregon. Stewart was a determined and courageous lawyer in the northwestern part of the United States from the turn of the... 1988
Detlev Vagts, Robert A. Williams, Jr., University of Arizona Lumbee Indian Tribe International Law and the Black Minority in the U.s. by Y.n. Kly. Atlanta: Clarity Press; Ottawa: Commoners' Publishing Society Inc., 1985. Pp. Xxvi, 125. 82 American Journal of International Law 688 (July, 1988) Professor Y.N. Kly's International Law and the Black Minority in the U.S. will disturb and provoke many readers, minority and nonminority alike. Kly's book challenges pat assumptions about the inevitability of achieving racial harmony in U.S. society through traditional legal and political mechanisms, skepticism about the capacity of international... 1988
Lisa K. Rozzano The Use of Hypnosis in Criminal Trials: the Black Letter of the Black Art 21 Loyola of Los Angeles Law Review 635 (January, 1988) [T]here are few dangers so great in the search for truth as man's propensity to tamper with the memory of others. C1-3CONTENTS I. Introduction. 636 II. The Dangers of Hypnosis. 639 A. Suggestibility. 639 B. Confabulation. 642 C. Overconfidence. 643 III. A Critical Look At The Use Of Hypnosis In Criminal Trials. 645 A. Theories of Admissibility. 646... 1988
Stephen L. Carter When Victims Happen to Be Black 97 Yale Law Journal 420 (February, 1988) Shortly after a New York jury acquitted Bernhard Goetz of charges that he had attempted murder by rising angrily from his subway bench and shooting down four youths who were, in the polite euphemism of the street, hassling him for money, a syndicated cartoonist was inspired to draw what was intended to be the post-Goetz subway car. The imagery was... 1988
Colonel Ned E. Felder , Senior Judge, Panel 5, United States Army Court of Military Review A Long Way since Houston: the Treatment of Blacks in the Military Justice System 1987-OCT Army Lawyer 8 (October, 1987) I deem it a high honor to participate in this Eighth Annual JAG Training School and CLE Seminar. Neither the death of a close relative this week nor a severe sore throat could prevent me from attending this conference. Although I was graduated from a law school in South Carolina, this is my first visit to this illustrious law school. I attended a... 1987
Randall Kennedy Afro-american Faith in the Civil Religion; Or, Yes, I Would Sign the Constitution 29 William and Mary Law Review 163 (Fall, 1987) Professor Levinson has brilliantly demonstrated, on this and other occasions, that every text is ambiguous. His own paper is no exception. Take, for instance, his question: What should we expect the black visitor to Philadelphia to do when invited to sign the Constitution? That question might be interpreted in at least three ways. It might be... 1987
Penelope Andrews Apartheid 14-Spg Human Rights 32 (Spring, 1987) When Winnie Mandela refused to follow the South African government's edict that she not return to her home in Soweto, a new national leader emerged, and the issue of how apartheid policies affect the country's black population was once again brought to the public's attention. Fearing that Mandela was becoming too popular among the black citizens,... 1987
Frederic S. Nathan, Jr. Apartheid and Black Labor in South Africa: Applying Section 307 of the Smooth- Hawley Tariff Act to Goods Produced by Black South Africans 19 Case Western Reserve Journal of International Law 421 (Summer, 1987) The official policy of apartheid in South Africa violates our most basic notions about freedom and human equality. While virtually every element of our society today condemns it, there is little agreement about how the United States should respond. The question of divestment, for example, has polarized campuses, city councils, state legislatures... 1987
LINDA A. LACEWELL and PAULA. SHELOWITZ Beyond a Black and White Reading of Sections 1981 and 1982: Shifting the Focus from Racial Status to Racist Acts 41 University of Miami Law Review 823 (March, 1987) Congress enacted the Civil Rights Act of 1866 in response to the rampant racial discrimination existing in the South following the abolition of slavery. Section 1 of the Act is now codified at 42 U.S.C. §§ 1981 and 1982. Section 1981 guarantees to all persons' the same general rights of contract and equal protection as white citizens.' Section... 1987
Edward J. Littlejohn , Leonard S. Rubinowitz Black Enrollment in Law Schools: Forward to the Past? 12 Thurgood Marshall Law Review 415 (Summer, 1987) For a hundred years after the first Black student entered an American law school in 1868, Blacks were barely visible in law schools. Starting in the late 1960s, they made modest gains in enrollment. Black representation in law school peaked within a decade, and leveled off by the mid-1970s. This enrollment plateau continued until the mid-1980s,... 1987
L. Darnell Weeden Black Law Schools and the Affirmative Action Rationale 12 Thurgood Marshall Law Review 395 (Summer, 1987) Black law schools and the affirmative action concept represent a challenging opportunity for black legal educators to provide quality legal education to a multiethnic and diverse study body while at the same time establishing creative and innovative roles for legal education. From an historical perspective, it is not common knowledge that Howard... 1987
Gil Kujovich Equal Opportunity in Higher Education and the Black Public College: the Era of Separate but Equal 72 Minnesota Law Review 29 (October, 1987) C1-3TABLE OF CONTENTS Introduction. 30 I. Creation of a Separate But Equal System of Higher Education. 36 II. Separate and Unequal. 44 A. Inequality in Funding. 45 1. Resident Instruction. 46 2. Military Training. 51 3. Cooperative Extension Services. 54 4. Experiment Stations and Research. 60 B. Inequality in Programs of Instruction. 64 1.... 1987
Charles David Phillips Exploring Relations among Forms of Social Control: the Lynching and Execution of Blacks in North Carolina, 1889-1918 21 Law and Society Review 361 (1987) Official and unofficial forms of social control are usually considered substitutable responses to individual acts of deviance. This analysis of the lynching and execution of blacks in North Carolina indicates that these two forms of social control, one official and the other unofficial, served not simply as substitutes, but also as complements... 1987
Ronald C. Griffin Hill's Account: Law School, Legal Education and the Black Law Student 12 Thurgood Marshall Law Review 507 (Summer, 1987) There is trouble in River City. Law School and bar admissions tests are depleting the ranks of black lawyers. The nation's law schools could do something about the situation. Donald Hill, Professor of Law, at Thurgood Marshall Law School, lists reasons for being skeptical about these institutions doing much. White institutions, opined Hill, serve... 1987
Derrick Bell Introduction to Gil Kujovich's Equal Opportunity in Higher Education and the Black Public College: the Era of Separate but Equal 72 Minnesota Law Review 23 (October, 1987) The legal status of black colleges does not stir much excitement in academic circles these days. On the surface this disinterest is odd in that the core legal issue in the debate over black colleges is their entitlement to affirmative action. The affirmative action debate has encompassed both the level of appropriations and other state support for... 1987
Donald K. Hill Law School, Legal Education, and the Black Law Student 12 Thurgood Marshall Law Review 457 (Summer, 1987) Many legal educators, members of the bench and bar focus on the wrong issue when they consider the legal education of Black students. Their focus is almost exclusively on the discontinuity between the number of Blacks who graduated from law school in a given year and the corresponding number of Blacks who fail the bar examination the first time... 1987
Mari J. Matsuda Looking to the Bottom: Critical Legal Studies and Reparations 22 Harvard Civil Rights-Civil Liberties Law Review 323 (Spring, 1987) When you are on trial for conspiracy to overthrow the government for teaching the deconstruction of law, your lawyer will want black people on your jury. Why? Because black jurors are more likely to understand what your lawyer will argue: that people in power sometimes abuse law to achieve their own ends, and that the prosecution's claim to neutral... 1987
Michael W. Bowers , A. Costandina Titus Nevada's Black Book: the Constitutionality of Exclusion Lists in Casino Gaming Regulation 9 Whittier Law Review 313 (1987) In recent years, states have found themselves having to look for new sources of revenue as they attempt to solve problems exacerbated by federal budget cuts and public-supported taxpayer revolts. One of the options they are considering is legalized casino gaming. In 1986, state referenda were held in Louisiana and Florida. According to a report... 1987
Dr. Patricia Allan Lucie White Rights as a Model for Black: Or-who's Afraid of the Privileges or Immunities Clause? 38 Syracuse Law Review 859 (1987) All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. From the perspective of modern American constitutional law,... 1987
Elise K. Bader A Film of a Different Color: Copyright and the Colorization of Black and White Films 5 Cardozo Arts and Entertainment Law Journal 497 (1986) Progress in the field of computer technology has led to the development of patented processes which add color to films and television programs originally produced in black and white. The companies producing color versions of black and white films (the colorists'), as well as motion picture studios and other owners of copyrights in black and white... 1986
Benno C. Schmidt, Jr. A Postscript for Charles Black: the Supreme Court and Race in the Progressive Era 95 Yale Law Journal 1681 (July, 1986) Charles Black's work in constitutional law is, like the slow politics of the text of the great Document itself, a statement of fundamental truths about our condition and aspirations that often takes a while to set in. As Harry Wellington has noted, few people had the sense to see The People and the Court when published in 1960 for what it should... 1986
Johnny Clyde Parker Civil Rights Legislation: Getting Black Executives off First Base in Professional Team-sports 1986 Columbia Business Law Review 219 (1986) In the twenty-two years since the passage of the Civil Rights Act of 1964 most major industries have opened their doors to Black executives. Not only are Black executives being hired, but many major corporations actively recruit Blacks to fill meaningful positions in corporate America. It is no longer surprising to find Black executives filling... 1986
Daniel J. Meador Mr. Justice and Mrs. Black: the Memoirs of Hugo L. Black and Elizabeth Black 39 Vanderbilt Law Review 1777 (November, 1986) The publication of Mr. Justice and Mrs. Black in February 1986 coincided with the one hundredth anniversary of Justice Hugo L. Black's birth. Two other events marked this occasion. The United States Postal Service issued a stamp in honor of the Justice, and shortly thereafter, the University of Alabama Law School, the Justice's alma mater, staged a... 1986
  Published Works of Charles L. Black, Jr. 95 Yale Law Journal 1573 (July, 1986) The Humane Imagination (Woodbridge, Conn.: Ox Bow Press, 1986). The Humane Imagination in the Great Society (Austin: Texas Committee for the Humanities, 1984), reprinted in C. Black, The Humane Imagination 1 (1986). The Waking Passenger (poetry) (New Orleans: New Orleans Poetry Journal Press Books, 1983). Decision According to Law (New York:... 1986
Sheri Lynn Johnson Black Innocence and the White Jury 83 Michigan Law Review 1611 (June, 1985) Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research... 1985
Edward H. Shakin Black Police, White Society. By Stephen Leinen. New York: New York University Press. 1984. Pp. Ix, 280. $20. 83 Michigan Law Review 900 (February, 1985) Stephen Leinen's Black Police, White Society seems torn between the author's desire both to create a sociological study and to tell the story of a group of individuals with a unique perspective on society and race relationsblack officers of the New York City Police Department (NYPD). The combination works at times, but Leinen's book does suffer... 1985
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