AuthorTitleCitationSummaryYear
Martina Cartwright , Thelma Harmon #Blacklawyersmatter: the Importance of Pro Bono Initiatives and Experiential Opportunities at Historically Black College and University Law Schools in Preparing a New Generation of Social Engineers 18 Florida Coastal Law Review 315 (Summer, 2017) The black college is an example of an institution that has experimented with different ways of involving students in relevant community experience. For unto whomsoever much is given, of him shall be much required; and to whom men have committed much, of him they will ask the more. In 2015, the British newspaper, The Guardian, published an... 2017
Mikah K. Thompson A Culture of Silence: Exploring the Impact of the Historically Contentious Relationship Between African-americans and the Police 85 UMKC Law Review 697 (Spring, 2017) A legacy of biased police discretionary decision-making persists beyond the demise of de jure racial discrimination, perpetuating a relationship between the police and racial minorities that is primarily authoritarian, regulatory, and punitive in character. Further, contemporary policy decisions at the federal, state, and local levels continue to... 2017
L. Darnell Weeden A Growing Consensus: State Sponsorship of Confederate Symbols Is an Injury-in-fact as a Result of Dylann Roof's Killing Blacks in Church at a Bible Study 32 BYU Journal of Public Law 113 (2017) The current debates over Confederate symbols were ignited by Dylann Roof's murder of nine black churchgoers in Charleston, S.C. in 2015. The racially motivated killings produced new opposition to Confederate icons in public spaces. As New Orleans officials eliminated the statue of Louisiana native son and Confederate General P.G.T. Beauregard on... 2017
Trina Jones , Kimberly Jade Norwood Aggressive Encounters & White Fragility: Deconstructing the Trope of the Angry Black Woman 102 Iowa Law Review 2017 (July, 2017) ABSTRACT: Black women in the United States are the frequent targets of bias-filled interactions in which aggressors: (1) denigrate Black women; and (2) blame those women who elect to challenge the aggressor's acts and the bias that fuels them. This Article seeks to raise awareness of these aggressive encounters and to challenge a prevailing... 2017
Margaret Hu Algorithmic Jim Crow 86 Fordham Law Review 633 (November, 2017) This Article contends that current immigration- and security-related vetting protocols risk promulgating an algorithmically driven form of Jim Crow. Under the separate but equal discrimination of a historic Jim Crow regime, state laws required mandatory separation and discrimination on the front end, while purportedly establishing equality on the... 2017
Inga T. Winkler, Catherine Coleman Flowers America's Dirty Secret: the Human Right to Sanitation in Alabama's Black Belt 49 Columbia Human Rights Law Review 181 (Fall, 2017) C1-2Contents Introduction. 182 I. The Sanitation Crisis in Lowndes County, Alabama. 184 A. Lacking and Failing Infrastructure and the Burden on Individuals. 186 B. Impact of Inadequate Sanitation. 190 C. Criminalizing Inadequate Sanitation. 191 D. Reflecting Broader Patterns of Racial Inequalities in Access to Sanitation. 192 II. The Human Right to... 2017
Renee Henson Are My Cornrows Unprofessional?: Title Vii's Narrow Application of Grooming Policies, and its Effect on Black Women's Natural Hair in the Workplace 1 Business, Entrepreneurship & Tax Law Review 521 (Fall, 2017) Employer grooming policies are ubiquitous and apply to all in the workplace, however, the hair standards within these policies do not permit women to wear a myriad of ethnic hairstyles at work. Banning ethnic hairstyles like braids, cornrows, and dreadlocks adversely and disproportionally affects black women. Banning ethnic styles because they are... 2017
Blanche Bong Cook Biased and Broken Bodies of Proof: White Heteropatriarchy, the Grand Jury Process, and Performance on Unarmed Black Flesh 85 UMKC Law Review 567 (Spring, 2017) The intention in torture of humans is . to silence the other's voice by wrecking his or her body; it is to make the tortured speak the torturer's words instead of his own. Margaret A. Farley Although scholars have theorized about systemic racialized police violence, less attention has been given to systemic practices in the investigations and grand... 2017
Chanae L. Wood Black and Poor: the Grave Consequences of Utah V. Strieff 30 Saint Thomas Law Review 68 (Fall, 2017) Suppose a nineteen-year-old Black male, Jason, decides to watch a late night movie with friends. The group of friends meet on the corner outside of the local convenience store. However, Jason arrives early. Out of habit, he paces back and forth, as he waits for the others to arrive. Two police officers, patrolling the area for drug activity, notice... 2017
Daniel C. Epstein Black and White and Gray All Over: How Anticlassification Theory Can Endorse Race-based Affirmative Action Policies 20 University of Pennsylvania Journal of Constitutional Law 433 (December, 2017) Constitutional commentators have long emphasized two dominant strains in the Court's approach to the Equal Protection Clause, often termed antisubordination and anticlassification. In the classical formulation, anticlassification sees the treatment of individuals based on race or ethnicity as the primary concern of equal protection; it... 2017
Rebecca Chapman Black Mirror: the Twin Abstractions of the American Dollar and the American Vote 11 Unbound: Harvard Journal of the Legal Left 37 (2017) You have to choose [as a voter] between trusting to the natural stability of gold and the natural stability of the honesty and intelligence of members of the Government. And, with due respect for these gentlemen, I advise you, as long as the Capitalist system lasts, to vote for gold. - George Bernard Shaw Legislators represent people, not trees... 2017
Alfred L. Brophy Black Power in a Prison Library 61 Howard Law Journal 1 (Fall, 2017) ABSTRACT. 2 INTRODUCTION. 2 I. A PRISON LIBRARY AND PRISON LITIGATION REFORM. 4 II. CATEGORIZING THE BOOKS ON THE BLACK EXPERIENCE, CULTURE, HISTORY AND ART. 6 A. Harlem Renaissance. 6 B. Histories. 7 C. Civil Rights Literature. 8 D. Sociology and Contemporary Black Culture. 9 E. Theory of Disillusionment. 10 F. Black Power. 11 G. What is Missing?.... 2017
Philip C. Aka , Chidera Oku Black Retirement Security in the Era of Defined Contribution Plans: Why African Americans Need to Invest More in Stocks to Generate the Savings They Need for a Comfortable Retirement 14 Rutgers Journal of Law & Public Policy 169 (Spring, 2017) I. Introduction . II. Reasons Why African Americans Lag Behind Whites in Stock Market Participation . A. Perception that Investing in the Stock Market May be too Risky . B. Fear of Wall Street . C. Lack of Enough Money to Facilitate Participation in the Stock Market . D. Perception that Participation in the Stock Market May be too Complicated for... 2017
Tammy Hodo Black Scholars Speak about Diversity--or the Lack Thereof--in Academia 18 Florida Coastal Law Review 367 (Summer, 2017) Experiences have told me that some of these systems of racism are permanent. I don't think they'll change in my lifetime, I really don't. I think things may gradually get better. Gradually, but we always have to be working together aggressively in that direction. I mean one thing black folks have and other people of color, we got hope. That is... 2017
Sherrita L. Smoak Black, White, and Blue 10 Arizona Summit Law Review 169 (Spring, 2017) C1-3TABLE OF CONTENTS I. Introduction. 170 II. Police Brutality Defined. 176 III. Historical Data on Police Brutality. 179 IV. Examples of Police Brutality. 184 V. Department of Justice Investigations. 187 A. Cleveland Division of Police (CPD) B. Ferguson Police Department VI. Systematic Reform. 191 A. Body Cameras B. Ongoing Training for Police... 2017
Raff Donelson Blacks, Cops, and the State of Nature 15 Ohio State Journal of Criminal Law 183 (Fall, 2017) Nasty, brutish, and short --these are the most famous words from Thomas Hobbes's masterwork in political philosophy, Leviathan. These words also aptly describe some of the deadly encounters between American police officers and Black arrestees. I have in mind Eric Garner who was choked to death on the streets of New York City and Walter Scott who... 2017
Nirej Sekhon Blue on Black: an Empirical Assessment of Police Shootings 54 American Criminal Law Review 189 (Winter, 2017) Michael Brown's 2014 death in Ferguson, Missouri, thrust police-officer-involved homicides into the popular consciousness. A series of subsequent officer-involved homicides has kept the issue politically and legally salient. Popular media have consistently covered the issue, and many efforts are under way to systematically document police killings.... 2017
Teri A. McMurtry-Chubb Burn this Bitch Down!: Mike Brown, Emmett Till, and the Gendered Politics of Black Parenthood 17 Nevada Law Journal 619 (Summer, 2017) C1-2Table of Contents Black Parenthood As Lethal. 622 Pathologizing Black Parenthood. 627 Politicizing Black Parenthood. 630 Black Motherhood in the Cause for Civil Rights. 639 Black Fatherhood in the Age of Black Lives Matter. 643 Burn This Bitch Down!. 648 2017
Janee T. Prince Can I Touch Your Hair? Exploring Double Binds and the Black Tax in Law School 20 University of Pennsylvania Journal of Law and Social Change 29 (2017) INTRODUCTION. 29 I. THE LAWYERS. 31 A. Passed The Bar: Black Women Lawyers from Past to Present. 31 B. Behind The Bar: Black Women Law Students. 35 II. THE SURVEY. 36 A. Response Rates. 38 B. Potential Career Paths. 38 C. Networking: The Value of Human Capital. 39 D. Indicators of Racial and Gender Bias. 41 E. Law Schools. 43 III. CONCLUSION. 48 2017
Devan Byrd Challenging Excessive Force: Why Police Officers Disproportionately Exercise Excessive Force Towards Blacks and Why this Systemic Problem must End 8 Alabama Civil Rights & Civil Liberties Law Review 93 (2017) Because of the national attention on the Black Lives Matter movement, legal literature has focused on examining the absence of charges and the acquittals of police officers and vigilantes responsible for Black deaths. In particular, administrative agencies, academics, and courts are currently debating the sufficiency of the federal... 2017
Rick Jones , Neighborhood Defender, Service of Harlem, New York, NY, 212-876-5500; Crack, Opioids, and the Modest Reparation of Clemency 41-NOV Champion 5 (November, 2017) In an interview given to Mother Jones in 1989, then-Minority Whip Newt Gingrich described his strategy for the crack cocaine problem--a strategy that called for an increase in prisons, police, prosecutors and law enforcement overall--as very old-fashioned, because it works. In a rare example of bipartisanship, both sides of the aisle seemed eager... 2017
Katheryn Russell-Brown Critical Black Protectionism, Black Lives Matter, and Social Media: Building a Bridge to Social Justice 60 Howard Law Journal 367 (Winter, 2017) INTRODUCTION. 368 I. THE DEVELOPMENT AND EVOLUTION OF BLACK PROTECTIONISM: AN OVERVIEW. 372 II. HOW BLACK PROTECTIONISM OPERATES. 376 III. CONTEMPORARY CASES. 384 A. Hey, Hey, Hey: The Cosby Cases. 386 B. Ray Rice. 390 C. Adrian Peterson. 392 D. Jameis Winston. 392 E. Chris Brown (& Rihanna). 394 F. Michael Vick. 395 G. Analysis and Application... 2017
Blanche Bong Cook Death-dealing Imaginations: Racial Profiling, Criminality, and Black Innocence 63 Wayne Law Review 9 (Spring, 2017) In 1988, the George H. W. Bush campaign saturated the media airways with images, ads, and commercials featuring nightmarish, boogieman-like, and dog-whistling images of Willie Horton. Horton had raped a white female while he was temporarily released from prison on a weekend furlough program, where he was already serving a life sentence for... 2017
Andrew S. Baer Dignity Restoration and the Chicago Police Torture Reparations Ordinance 92 Chicago-Kent Law Review 769 (2017) Focusing on a high-profile police torture scandal from 1970s and 1980s Chicago, this essay expands on Bernadette Atuahene's theory of dignity takings and dignity restoration by foregrounding the agency of dignity takers and dignity restorers. Section II summarizes Atuahene's model and reviews how scholars have borrowed, applied, and extended her... 2017
Tara A. Jackson Dilution of the Black Vote: Revisiting the Oppressive Methods of Voting Rights Restoration for Ex-felons 7 University of Miami Race & Social Justice Law Review 81 (Summer, 2017) [A] nation that is afraid to let its people judge the truth and falsehood in an open market is a nation that is afraid of its people. - John F. Kennedy I. Introduction. 82 II. We Came, We Marched, but Have We Conquered?. 83 A. Return for Repackaging: Tools for Voter Suppression. 83 B. Selma: Voting Rights for All. 84 C. Ex-Felon... 2017
Leah Aileen Hill Disrupting the Trajectory: Representing Disabled African American Boys in a System Designed to Send Them to Prison 45 Fordham Urban Law Journal 201 (December, 2017) This Essay presents the narrative of three African American brothers as they journey through the special education system. Their narrative illustrates the human cost of the failure to implement reforms meant to combat the systemic inequality that supports the school-to-prison pipeline. The brothers' narrative is shaped by several factors all too... 2017
Valecia J. Battle Drop the Phone and Step Away from the Weapon: the First Amendment, the Camera Phone, and the Movement for Black Lives 60 Howard Law Journal 531 (Winter, 2017) INTRODUCTION. 532 I. THE CRIMINALIZATION OF BLACKNESS. 534 A. The American Enslavement of African People: Caste Creation. 534 B. Reconstruction and Jim Crow. 537 C. Law & Order, The New Jim Crow, and the Prison Industrial Complex. 541 II. WIRETAPPING & EAVESDROPPING LAWS. 543 III. QUALIFIED IMMUNITY & THE WELL-ESTABLISHED RIGHT. 546 IV. WHY DO OUR... 2017
Professor Kevin Brown End of the Racial Age: Reflections on the Changing Racial and Ethnic Ancestry of Blacks on Affirmative Action 22 Texas Journal on Civil Liberties & Civil Rights 139 (Spring, 2017) Twenty years ago, I wrote an essay about the end of the career of a fictional African-American law professor at the University of Texas School of Law, Professor Marshall DuBois Douglass. At that time, I had been a law professor for almost a decade. I set the discussion at the end of his legal career in 2036, forty years into the future. The Fifth... 2017
Adam M. Carrington Equality, Prejudice, and the Rule of Law: Alabama Supreme Court Justice Thomas M. Peters' Protection of African American Rights During Reconstruction 25 Journal of Southern Legal History 205 (2017) W.E.B. Du Bois described Reconstruction, in its attempt to make black men American citizens, as a splendid failure. Though splendid in the attempt, the resulting story took the form of a tragedy. For by and large, the black experience in Southern Reconstruction proved to be one of hardship, disappointment, and injustice. Southern state courts... 2017
Aderson Bellegarde François Et in Arcadia Ego: Buck V. Davis, Black Thugs, and the Supreme Court's Race Jurisprudence 15 Ohio State Journal of Criminal Law 229 (Fall, 2017) This essay is about the United States Supreme Court decision in Buck v. Davis, in which a Texas jury sentenced Mr. Duane Buck to death after his own counsel introduced during the punishment phase of his trial the report and testimony of an expert witness that Mr. Buck was more likely to be violent because he is black. If you will bear with me for a... 2017
Terrence Scudieri Fleeing While Black: How Massachusetts Reshaped the Countours of the Terry Stop 54 American Criminal Law Review Online 42 (2017) In its recent opinion in Commonwealth v. Warren, the Massachusetts Supreme Judicial Court stated that when a black male flees from a Field Interrogation Operation (FIO), such flight is not necessarily probative of a suspect's state of mind or consciousness of guilt. The court found that because men of color are frequent subjects of racial... 2017
Devon W. Carbado From Stopping Black People to Killing Black People: the Fourth Amendment Pathways to Police Violence 105 California Law Review 125 (February, 2017) The years 2014 to 2016 likely will go down as a significant if not watershed period in the history of U.S. race relations. Police killing of African Americans has engendered further conversations about race and policing. Yet, in most of the discussions about these tragic deaths, little attention has been paid to a significant dimension of the... 2017
James T. Gathii Henry J. Richardson Iii: the Father of Black Traditions of International Law 31 Temple International and Comparative Law Journal 325 (Spring, 2017) Without any doubt, Professor Henry J. Richardson III is the father of Black traditions of international law. Before he came along, the voices, perspectives, and concerns of Blacks in particular, and other subordinated groups around the globe in general, were missing in international legal scholarship as well as in the leading societies of the... 2017
Ann M. Eisenberg , Amelia Courtney Hritz , Caisa Elizabeth Royer , John H. Blume If it Walks like Systematic Exclusion and Quacks like Systematic Exclusion: Follow-up on Removal of Women and African-americans in Jury Selection in South Carolina Capital Cases, 1997-2014 68 South Carolina Law Review 373 (Spring, 2017) I. Introduction. 373 II. Background. 375 III. Methodology. 380 IV. Results. 382 V. Conclusion. 388 2017
Andrew Dusek Ill Fares the Land: Reparations for Housing, Land, and Property Rights Violations in Myanmar 30 Harvard Human Rights Journal 129 (Spring, 2017) International law includes provisions for restitution or compensation for victims of housing, land, and property (HLP) rights violations. Practical challenges remain for addressing violations of HLP rights in transitional societies characterized by the continuation of sporadic, low-intensity conflict or the incompleteness of regime change. The... 2017
Dominique Hadley Implementing School-based Health Programs to Deter Undiagnosed African-american Youth from Juvenile Detention 11 Southern Journal of Policy and Justice 140 (Fall, 2017) Two children, James and Brandon have Attention Deficit Hyperactivity Disorder (ADHD). Both are misbehaving regularly in school by fighting and disrupting class. Additionally, both students are suffering academically. Both James and Brandon have tutors, and genuinely want to succeed in school, but tend to feel defeated when their efforts are to no... 2017
Justine Mitsuko Bonner Improving Success Rates of Black Male Defendants in Court Assisted Pretrial Supervision (Caps) in the District of Oregon 21 Lewis & Clark Law Review 1175 (2017) The approach taken by the federal court system in the District of Oregon to both select and supervise high-risk defendants for Court Assisted Pretrial Supervision (CAPS) benefits all defendants, especially Black males. CAPS is a bright spot in a criminal justice system where research demonstrates that Black males are overwhelmingly disadvantaged.... 2017
Yasser Arafat Payne , Tara Marie Brown It's Set up for Failure . And They Know This!: How the School-to-prison Pipeline Impacts the Educational Experiences of Street Identified Black Youth and Young Adults 62 Villanova Law Review 307 (2017) I had dropped out in the 10th grade . 'cause, I was bad . all I wanted to do was crimes and fight and sell drugs. Like, school wasn't for me .. Before I got into that type of phase, a lot of my teachers were disrespectful, [and they] told me that I wouldn't be successful. I've even been hit by teachers. And, I've always been a very smart, educated... 2017
Kersti Myles Jezebels and Jungle Bunnies: How the Stereotypes of Black Women Shape Legislation, the Legal Profession and Feminist Jurisprudence 10 Modern American 3 (Spring, 2017) Black women are taught at an early age that they are societal defects. It is impressed upon us that because of our deficiency of the Y-chromosome and the overproduction of melanin, we are doomed to a life of continual handicap and hardship. These notions of subordination are interwoven in the moral compass and fabric of our nation, and although... 2017
Alfred L. Brophy Jim Crow in the Yale Law Journal 49 Connecticut Law Review Online 1 (May, 2017) This essay revisits Yale history professor Allen Johnson's article The Constitutionality of the Fugitive Slave Acts, which appeared in the Yale Law Journal in December 1921. Johnson wrote about a law that had been nullified by the Civil War and the Thirteenth Amendment nearly 70 years before. His article was part of the scholarly reconsideration of... 2017
Pamela Foohey Lender Discrimination, Black Churches, and Bankruptcy 54 Houston Law Review 1079 (Spring, 2017) Based on my original empirical research, in this Article I expose a disparity between the demographics of the roughly 650 religious congregations that have filed for Chapter 11 bankruptcy during part of the last decade and congregations nationwide. Churches with predominately Black membership--Black Churches--appeared in Chapter 11 more than three... 2017
Michelle Silverthorn, Diversity and Education Director, Illinois Supreme Court Commission on Professionalism Let's Talk about Black Millennials 36 No. 3 Legal Management 9 (March, 2017) In my four and a half years of working at the Commission on Professionalism and speaking around the state and country, absolutely nothing has gotten my audience as engaged (read: riled up) as talking about Millennials in the workplace. I talk and write a lot about those 16- to 36-year-olds who have so engaged our social narrative. And I typically... 2017
Joseph Robinson Jr. Live Black . Retire Poor . Die Early: How Social Security as an Institution Continues to Perpetuate the Social Racism of the 1930s 24 Elder Law Journal 487 (2017) Social Security has a disparate impact on minorities. The expected rate of return for a white twenty-year-old male is over twice the rate of return that an African-American twenty-year-old male can expect. Legislative history and the circumstances surrounding the passing of the Social Security Act of 1935 indicate that there was intent to... 2017
Edgardo Pérez Morales Manumission on the Land: Slaves, Masters, and Magistrates in Eighteenth-century Mompox (Colombia) 35 Law and History Review 511 (May, 2017) In the mid-1700s, the town of Mompox flourished in the Spanish viceroyalty of the New Kingdom of Granada, today part of the Republic of Colombia. Built on the banks of the northern Magdalena River, an important waterway connecting the Andean interior with the Caribbean Sea, Mompox constantly buzzed with travelers and trade alike. Mompox was home to... 2017
Robert J. Condlin Online Dispute Resolution: Stinky, Repugnant, or Drab 18 Cardozo Journal of Conflict Resolution 717 (Spring, 2017) Until recently the subject of online dispute resolution (ODR) has been a matter of interest to a relatively small part of the American legal community, but that appears to be changing. In the last decade or so scholars, judges, and the organized Bar have begun to see ODR as a partial answer to the access to justice problem faced by people of... 2017
Jessica Watters Pink Hats and Black Fists: the Role of Women in the Black Lives Matter Movement 24 William and Mary Journal of Women and the Law 199 (Fall, 2017) I. Origins and Critiques of the Women's March II. True Intersectional Feminism Must Be Continuously Demonstrated by Allies III. The Collective Power of (White) Women Conclusion On January 21, 2017, nearly five hundred thousand people, many adorned in pink, cat-eared pussyhats, descended on Washington, D.C.--the flagship location for the official... 2017
Elizabeth Danquah-Brobby Prison for You. Profit for Me. Systemic Racism Effectively Bars Blacks from Participation in Newly-legal Marijuana Industry 46 University of Baltimore Law Review 523 (Summer, 2017) Although the butterfly and caterpillar are completely different, they are one and the same. Historically, blacks have been prosecuted and convicted across the United States at significantly higher rates when compared to whites for marijuana-related crimes, despite the fact that studies indicate marijuana use by whites and blacks is relatively... 2017
Patricia J. Williams Race, the New Black: on Fashioning Genetic Brand 43 American Journal of Law & Medicine 183 (2017) This conference has asked us to take a critical look at the concept of race and its diverse applications in health sciences, medical research, empirical and data analytics, as well as social sciences. For all the apparent breadth of that mandate, there are three themes that have united our concerns. First is the question of privatization--or... 2017
Shauna Marshall Rebellious Deaning: One African American Woman's Vision of a Progressive Law School 24 Clinical Law Review 135 (Fall, 2017) For eight years, I served as the Academic Dean for UC Hastings College of the Law, where I tried to lead the institution rebelliously. When we think of rebellious lawyering we envision working with marginalized, under-resourced communities seeking changes in the political, social and economic systems that pervade clients' daily lives. Yet I found... 2017
Michael Z. Green Reconsidering Prejudice in Alternative Dispute Resolution for Black Work Matters 70 SMU Law Review 639 (Summer, 2017) In the 1985 foundational article Fairness and Formality: Minimizing the Risk of Prejudice in Alternative Dispute Resolution, Richard Delgado and his co-authors identified major concerns with the growing use of alternative dispute resolution (ADR) to resolve disputes involving people of color. The seminal findings from that article highlighted the... 2017
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