AuthorTitleCitationSummaryYearRelevancy
Nicholas J. Johnson FIREARMS POLICY AND THE BLACK COMMUNITY: AN ASSESSMENT OF THE MODERN ORTHODOXY 45 Connecticut Law Review 1491 (July, 2013) The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And... 2013  
Robert J. Cottrol , Raymond T. Diamond IN THE CIVIC REPUBLIC: CRIME, THE INNER CITY, AND THE DEMOCRACY OF ARMS-BEING A DISQUISITION ON THE REVIVAL OF THE MILITIA AT LARGE 45 Connecticut Law Review 1605 (July, 2013) This Article examines the modern utility of the Second Amendment's guarantee of the right to keep and bear arms in light of the phenomenon of modern crime, particularly black-on-black violence in urban America. Although many advocates of gun control have argued that crime in modern cities is a reason for modifying or severely truncating the right... 2013  
Stephen Clowney LANDSCAPE FAIRNESS: REMOVING DISCRIMINATION FROM THE BUILT ENVIRONMENT 2013 Utah Law Review 1 (2013) At its core, this Article argues that the everyday landscape is one of the most overlooked instruments of modern race-making. Drawing on evidence from geography and sociology, the Article begins by demonstrating that the built environment inscribes selective and misleading versions of the past in solid, material forms. These narratives--told... 2013  
Andrew E. Taslitz RACIAL THREAT VERSUS RACIAL EMPATHY IN SENTENCING--CAPITAL AND OTHERWISE 41 American Journal of Criminal Law 1 (Winter 2013) I. Introduction. 2 II. Empathy, Race, and the Capital Jury. 5 A. Overview. 6 1. Racial Bias in Black Offender-White Victim Dyads Undermines Empathy for the Defendant. 6 2. Lost Empathy for the Defendant Deindividuates His Character and Suffering. 7 a. Stereotypes and Racial Threat. 7 b. Retribution and Racial Insult. 8 B. Empathy-Relevant Features... 2013  
Aviam Soifer FEDERAL PROTECTION, PATERNALISM, AND THE VIRTUALLY FORGOTTEN PROHIBITION OF VOLUNTARY PEONAGE 112 Columbia Law Review 1607 (November, 2012) The Peonage Abolition Act of 1867 abolished voluntary as well as involuntary servitude. Congress did this in sweeping terms, based on the Enforcement Clause of the Thirteenth Amendment, but Congress explicitly extended protections beyond those proclaimed in Section 1 of that Amendment. The historical context makes it clear that the men of the... 2012  
Kimani Paul-Emile PATIENTS' RACIAL PREFERENCES AND THE MEDICAL CULTURE OF ACCOMMODATION 60 UCLA Law Review 462 (December, 2012) One of medicine's open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician's racial identity, and hospitals typically yield to patients' racial preferences. This widely practiced, if rarely acknowledged, phenomenon--about which there is new empirical evidence--poses a fundamental dilemma for law,... 2012  
David Gan-Wing Cheng THE MCCLESKEY COURT, JURY DISCRETION, AND THE DEATH PENALTY: WHAT IS A BLACK LIFE WORTH? 6 Southern Region Black Law Students Association Law Journal 109 (Spring 2012) We all agree that babies are adorable and precious. Most people would find a soft spot in their hearts when they hear the giggle of an infant or take note of its delicate little fingers and toes. Inherently these sentiments would be shared by the infamous reasonable man, who is a legal fiction, created to personify prevailing social attitudes and... 2012  
Angela Onwuachi-Willig , Mario L. Barnes THE OBAMA EFFECT: UNDERSTANDING EMERGING MEANINGS OF "OBAMA" IN ANTI-DISCRIMINATION LAW 87 Indiana Law Journal 325 (Winter, 2012) The election of Barack Obama to the U.S. presidency on November 4, 2008, prompted many declarations from journalists and commentators about the arrival of a post-racial society, a society in which race is no longer meaningful. For many, the fact that a self-identified black man had obtained the most prominent, powerful, and prestigious job in the... 2012  
Jeremiah Chin WHAT A LOAD OF HOPE: THE POST-RACIAL MIXTAPE 48 California Western Law Review 369 (Spring 2012) I get down for my grandfather who took my momma Made her sit in that seat where white folks ain't want us to eat At the tender age of six she was arrested for the sit-ins With that in my blood I was born to be different That's why I hear new music and I just don't be feeling itRacism's still alive they just be concealing it. As a hip-hop producer,... 2012  
Ann E. Tweedy "[H]OSTILE INDIAN TRIBES . OUTLAWS, WOLVES . BEARS . GRIZZLIES AND THINGS LIKE THAT?" HOW THE SECOND AMENDMENT AND SUPREME COURT PRECEDENT TARGET TRIBAL SELF-DEFENSE 4 the crit: a Critical Studies Journal 1 (2011) This article examines the history of self-defense in America, including the right to bear arms, as related to Indian tribes, in order to shed light on how the construction of history affects tribes today. As shown below, Indians are the original caricatured savage enemy that white Americans believed they needed militias and arms to defend... 2011  
Ann E. Tweedy "HOSTILE INDIAN TRIBES . . . OUTLAWS, WOLVES, . . . BEARS . . . GRIZZLIES AND THINGS LIKE THAT?" HOW THE SECOND AMENDMENT AND SUPREME COURT PRECEDENT TARGET TRIBAL SELF-DEFENSE 13 University of Pennsylvania Journal of Constitutional Law 687 (March, 2011) I. Introduction. 690 A. Definitions of Self-Defense . 692 B. The Second Amendment. 692 C. The Justices' Perceptions of Tribes in District of Columbia v. Heller. 694 D. Erasure of Tribes in McDonald v. City of Chicago. 696 II. The Mythology of the Colonists' Need for Self-Defense. 697 A. The Colonial Concept of Self-Defense Related Directly to... 2011  
Rayvon Fouché , Sharra Vostral "SELLING" WOMEN: LILLIAN GILBRETH, GENDER TRANSLATION, AND INTELLECTUAL PROPERTY 19 American University Journal of Gender, Social Policy and the Law 825 (2011) I. Introduction. 825 II. Women's Bodies, Vernacular Knowledge, and Intellectual Property. 831 III. The Gilbreth Report: Extracting, Commodifying, and Packaging. 835 IV. Gender Translation. 844 2011  
Benjamin C. Zipursky LEGAL POSITIVISM AND THE GOOD LAWYER: A COMMENTARY ON W. BRADLEY WENDEL'S LAWYERS AND FIDELITY TO LAW 24 Georgetown Journal of Legal Ethics 1165 (Fall, 2011) W. Bradley Wendel's new book, Lawyers and Fidelity to Law, is a remarkable achievement for any number of reasons: It offers a defense of the standard conception of legal ethics that is at once novel and traditional; it generates a general normative account while attending with remarkable subtlety to context; it embraces client loyalty more... 2011  
Justin Driver RETHINKING THE INTEREST-CONVERGENCE THESIS 105 Northwestern University Law Review 149 (Winter 2011) Introduction. 149 I. Examining the Interest-Convergence Thesis. 157 A. Before the Interest-Convergence Thesis. 158 B. The Interest-Convergence Thesis. 160 C. Contemporary Views of the Interest-Convergence Thesis. 163 II. Analytical Flaws of the Interest-Convergence Thesis. 164 A. Interrogating the Composition of Racial Interests. 165 B. Consistency... 2011  
Jarrod D. Reece REVISITING CLASS-BASED AFFIRMATIVE ACTION IN GOVERNMENT CONTRACTING 88 Washington University Law Review 1309 (2011) Unlike a private buyer, the government is interested, as the sovereign, in achieving a wide variety of social and economic goals. Indeed, government contracting has been a means of effectuating socioeconomic policy in the United States for nearly half of a century. But these sorts of programs, particularly those that classify based on race, are... 2011  
Tommy J. Curry SHUT YOUR MOUTH WHEN YOU'RE TALKING TO ME: SILENCING THE IDEALIST SCHOOL OF CRITICAL RACE THEORY THROUGH A CULTURALOGICAL TURN IN JURISPRUDENCE 3 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2011) No intellectual historian can deny the impact of Critical Race Theory (CRT) on the discourse of race and racism in the later part of the 20 century. Critical Race Theory began in the late 1960s, in the aftermath of the civil rights movement, with a series of writings by Derrick Bell. These writings focused specifically on the arrest of civil rights... 2011  
Robert A. Garda, Jr. THE WHITE INTEREST IN SCHOOL INTEGRATION 63 Florida Law Review 599 (May, 2011) Discussions concerning desegregation, affirmative action, and voluntary integration focus primarily, if not exclusively, on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools, despite white interests underpinning more than thirty years of Supreme Court integration... 2011  
Annette R. Appell CONTROLLING FOR KIN: GHOSTS IN THE POSTMODERN FAMILY 25 Wisconsin Journal of Law, Gender & Society 73 (Spring, 2010) Amid the many transformations that have reshaped the study of kinship over time, the question of the significance of biological facts has remained a persistent quagmire - as easy to fall into as it is difficult to leave behind. Abstract. 74 Introduction. 74 I. Bionormative Regulation of Families and the Production of Liberty. 79 A. The... 2010  
James F. Shekleton STRANGERS AT THE GATE: ACADEMIC AUTONOMY, CIVIL RIGHTS, CIVIL LIBERTIES, AND UNFINISHED TASKS 36 Journal of College and University Law 875 (2010) I. L2-3,T3Constitutional Litigation Brings Government Regulation onto Campus 880. II. L2-3,T3Advocacy Gives Rise to Pervasive Regulation 887. III. L2-3,T3Political Reaction 899. IV. L2-3,T3Unfinished Tasks 907. A. Separate lives. 917 B. Higher Education as an Extra-Constitutional Mechanism to Remedy Disparities. 931 V. L2-3,T3Conclusion 942. 2010  
Alycee Lane "HANG THEM IF THEY HAVE TO BE HUNG": MITIGATION DISCOURSE, BLACK FAMILIES, AND RACIAL STEREOTYPES 12 New Criminal Law Review 171 (Spring, 2009) This article examines how mitigation discourse fails to address the racial implications of presenting to white jurors a narrative of a black capital defendant's dysfunctional family life. Given the plethora of racist configurations in the public sphere of the black family--signified most perniciously through the figure of the welfare queen--the... 2009  
Ralph Richard Banks BEYOND COLORBLINDNESS: NEO-RACIALISM AND THE FUTURE OF RACE AND LAW SCHOLARSHIP 25 Harvard BlackLetter Law Journal 41 (Spring 2009) Anniversaries are a time to reflect, to reexamine the present and look toward the future by taking account of the past. The 25th anniversary of the Harvard BlackLetter Law Journal is a momentous occasion. Generations of law students have worked, often late into the night, to produce a quality journal of race and law scholarship. Although in its... 2009  
Mary L. Heen ENDING JIM CROW LIFE INSURANCE RATES 4 Northwestern Journal of Law & Social Policy 360 (Fall, 2009) How people count and measure embodies certain assumptions about the thing they are counting; this was true in the nineteenth century, and it is equally true today. [E]ver since the 1880's, Negroes have been subject to differential treatment by white insurance companies in that some of them, at that time, started to apply higher premium schedules... 2009  
Michael Kogut MAKING THE CASE: DID THE GOVERNMENT'S RESPONSE TO HURRICANE KATRINA VIOLATE THE EQUAL PROTECTION CLAUSE? 11 Scholar: St. Mary's Law Review on Minority Issues 127 (Winter 2009) Abstract. 127 I. The City and Residents of New Orleans. 130 II. FEMA and FEMA's Response to Hurricane Katrina. 134 III. The Supreme Court's Interpretation of the Equal Protection Clause. 139 A. Discriminatory Application. 141 IV. The Government's Response under the Equal Protection Clause. 142 A. Disparate Impact. 143 B. The Intent Requirement. 146... 2009  
Mario L. Barnes REFLECTION ON A DREAM WORLD: RACE, POST-RACE AND THE QUESTION OF MAKING IT OVER 11 Berkeley Journal of African-American Law & Policy 6 (2009) We Dream A World A world I dream where black or white, Whatever race you be, Will share the bounties of the earth And every man is free Fifteen years ago, as a third-year law student, I published my book note in the inaugural issue of the African-American Law and Policy Report (ALPR). The note was inspired both by the book reviewed--Derrick Bell's,... 2009  
Adrien Katherine Wing SPACE TRADERS FOR THE TWENTY-FIRST CENTURY 11 Berkeley Journal of African-American Law & Policy 49 (2009) In this year celebrating the twentieth anniversary of the Critical Race Theory (CRT) workshop, it is imperative to revisit CRT founder and New York University Law Professor Derrick Bell's The Space Traders, one of the major pieces in the CRT corpus. Part I of this essay will provide historical background about Critical Race Theory and Professor... 2009  
Elizabeth Bartholet THE RACIAL DISPROPORTIONALITY MOVEMENT IN CHILD WELFARE: FALSE FACTS AND DANGEROUS DIRECTIONS 51 Arizona Law Review 871 (Winter 2009) A powerful coalition has made Racial Disproportionality the central issue in child welfare today. It notes that black children represent a larger percentage of the foster care population than they do of the general population. It claims this is caused by racial discrimination and calls for reducing the number of black children removed to foster... 2009  
Anders Walker THE VIOLENT BEAR IT AWAY: EMMETT TILL AND THE MODERNIZATION OF LAW ENFORCEMENT IN MISSISSIPPI 46 San Diego Law Review 459 (May/June 2009) I. Introduction. 460 II. Lessons from the Past. 464 III. Resisting Nullification . 468 IV. M is for Mississippi and Murder. 473 V. Centralizing Law Enforcement. 479 VI. Recruiting Black Informants. 485 VII. Mack Charles Parker. 492 VIII. Shaved Head and Moonshine. 496 IX. Conclusion. 502 They tortured him and did some evil things too evil to... 2009  
Robert G. Schwemm COX, HALPRIN, AND DISCRIMINATORY MUNICIPAL SERVICES UNDER THE FAIR HOUSING ACT 41 Indiana Law Review 717 (2008) When the Federal Fair Housing Act (FHA) was passed forty years ago, its proponents saw it as a way of breaking the bonds of race-based ghettos and, with them, the limits on blacks' access to equal opportunity in education, suburban jobs, and all other aspects of the American dream. The goal of the FHA was not merely to end housing discrimination... 2008  
Maxine Burkett MUCH ADO ABOUT . . . SOMETHING ELSE: D.C. V. HELLER, THE RACIALIZED MYTHOLOGY OF THE SECOND AMENDMENT, AND GUN POLICY REFORM 12 Journal of Gender, Race and Justice 57 (Fall 2008) In late 2007, the National Rifle Association and the Brady Campaign to Prevent Gun Violence shared a rare moment of agreement. The U.S. Supreme Court's grant of certiorari in District of Columbia v. Heller, both organizations declared, brought before the Court the most important Second Amendment case in history. For the first time since its 1939... 2008  
Shani M. King RACE, IDENTITY, AND PROFESSIONAL RESPONSIBILITY: WHY LEGAL SERVICES ORGANIZATIONS NEED AFRICAN AMERICAN STAFF ATTORNEYS 18 Cornell Journal of Law & Public Policy 1 (Fall 2008) Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black... 2008  
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