AuthorTitleCitationSummaryYearRelevancy
Maxine Goodman A DEATH PENALTY WAKE-UP CALL: REDUCING THE RISK OF RACIAL DISCRIMINATION IN CAPITAL PUNISHMENT 12 Berkeley Journal of Criminal Law 29 (Spring 2007) In Ernest Gaines's novel A Lesson Before Dying, Gaines tells the story of Jefferson, a young African-American man convicted of murdering a white grocery store owner in a small Louisiana town in the late 1940s. The public defender, trying to arouse sympathy for the defendant, refers to Jefferson as a dumb animal--a hog. The lawyer implores the... 2007  
Pamela Brandwein A JUDICIAL ABANDONMENT OF BLACKS? RETHINKING THE "STATE ACTION" CASES OF THE WAITE COURT 41 Law and Society Review 343 (June, 2007) This article reconsiders the conventional wisdom that the Supreme Court definitively abandoned the freedmen to their former masters through the state action decisions of the 1870s and 1880s. Arguing that anachronisms distort our understanding of this critical period, I offer an historical institutional analysis of state action doctrine by... 2007  
Dora W. Klein CATEGORICAL EXCLUSIONS FROM CAPITAL PUNISHMENT: HOW MANY WRONGS MAKE A RIGHT? 72 Brooklyn Law Review 1211 (Summer, 2007) Plenty is wrong with capital punishment. Even for people who support the death penalty in principle, many reasons exist to oppose the actual, real-world operation of this punishment. One well-noted problem is that defendants who are poor, or black, or whose victims were white, are disproportionately likely to be sentenced to death. Additionally,... 2007  
Philip C. Aka CORPORATE GOVERNANCE IN SOUTH AFRICA: ANALYZING THE DYNAMICS OF CORPORATE GOVERNANCE REFORMS IN THE "RAINBOW NATION" 33 North Carolina Journal of International Law and Commercial Regulation 219 (Winter 2007) I. Introduction and Argument. 220 II. Refresher on the Rainbow Nation . 227 III. Nature and Character of the Law of Corporate Governance in South Africa. 237 A. Defining Corporate Governance. 237 B. Legal Framework Relating to the Law of Corporate Governance in South Africa. 239 C. Features of the Law of Corporate Governance in South Africa. 242... 2007  
Howard F. Chang CULTURAL COMMUNITIES IN A GLOBAL LABOR MARKET: IMMIGRATION RESTRICTIONS AS RESIDENTIAL SEGREGATION 2007 University of Chicago Legal Forum 93 (2007) When economists speak of a globalizing world, they have in mind first and foremost the dramatic moves we have made toward a global common market; that is, our evolution toward a world economy integrated across national boundaries. Our progress in this direction has been especially dramatic in the liberalization of international trade in goods.... 2007  
Jennifer B. Wriggins DAMAGES IN TORT LITIGATION: THOUGHTS ON RACE AND REMEDIES, 1865-2007 27 Review of Litigation § 2:18 37 (Fall 2007) I. Introduction. 37 II. Race, Remedies, and Recognition. 39 III. 1865-1950, Damage Remedies: A Preliminary Picture. 43 A. The Whiteness of the Civil Justice System. 43 B. Access to Tort Remedies--Legal Representation. 44 C. Access to Tort Remedies--Money Damages. 47 1. Pre-Trial Settlement. 48 2. Victories at Trial, and Race-Based Remittitur. 49 3.... 2007  
Theresa A. Martinez IMAGES OF THE "SOCIALLY DISINHERITED": INNER-CITY YOUTH IN RAP MUSIC 10 Journal of Law and Family Studies 111 (2007) While mainstream American media consistently portray urban youth of color from a stereotypical, deficit-based, and deleterious standpoint, these images run in startling contrast to portrayals in rap music. Rap music artists, instead, consistently document the neglect and abandonment of youth of color in America's devastated inner-city landscapes.... 2007  
Phyllis Goldfarb PEDAGOGY OF THE SUPPRESSED: A CLASS ON RACE AND THE DEATH PENALTY 31 New York University Review of Law and Social Change 547 (2007) A generation ago, Duncan Kennedy examined the myriad structures through which American law schools train students to take up elite roles in society. Within these structures, leftist analyses of social and political dynamics play a marginal role. Nearly a quarter century after the publication of Legal Education and the Reproduction of Hierarchy, the... 2007  
Monica Bell THE OBLIGATION THESIS: UNDERSTANDING THE PERSISTENT "BLACK VOICE" IN MODERN LEGAL SCHOLARSHIP 68 University of Pittsburgh Law Review 643 (Spring, 2007) This Article revisits the debate over minority voice scholarship, particularly African-American scholarship, that raged in the late 1980s and early 1990s with the advent of critical race theory (CRT). Many critical race theorists elevated the voices of minority scholars, arguing that scholarship in the minority voice should be accorded greater... 2007  
John A. Powell THE RACE AND CLASS NEXUS: AN INTERSECTIONAL PERSPECTIVE 25 Law & Inequality: A Journal of Theory and Practice 355 (Summer 2007) In his groundbreaking 1903 treatise, The Souls of Black Folk, W.E.B. Du Bois wrote, the problem of the twentieth century is the problem of the color-line. A century later, and a generation removed from the struggles of the Civil Rights era, many now suggest that class, not race, is the greatest cleavage in American society. They maintain that any... 2007  
  JUDGING THE PROSECUTION: WHY ABOLISHING PEREMPTORY CHALLENGES LIMITS THE DANGERS OF PROSECUTORIAL DISCRETION 119 Harvard Law Review 2121 (May, 2006) The legitimacy of a criminal justice system is inextricably tied to its role in the prevailing order of race relations. Measured by this yardstick, the American criminal justice system is in crisis. This crisis is one not of administration but of the integrity of a system that continues to systematically exclude racial minorities from its... 2006  
Steven F. Lawson PRELUDE TO THE VOTING RIGHTS ACT: THE SUFFRAGE CRUSADE, 1962-1965 57 South Carolina Law Review 889 (Summer 2006) The master civil rights narrative with which most of us are familiar recounts the lone leader, Dr. Martin Luther King, Jr., directing a series of great events that resulted in the Second Great Emancipation. From the mid-1950s to the mid-1960s, newspaper headlines and television broadcasts followed Dr. King and his desegregation campaigns through... 2006  
Royal Dumas THE MUDDLED METTLE OF JURISPRUDENCE: RACE AND PROCEDURE IN ALABAMA's APPELLATE COURTS, 1901-1930 58 Alabama Law Review 417 (2006) The South at the turn of the twentieth century was a world where substance hid beneath coded social practices. Ralph Ellison highlighted this in his novel Invisible Man when the dying patriarch and black man implored his family to [l]ive with your head in the lion's mouth [and] to overcome em with yeses, undermine 'em with grins, agree 'em to... 2006  
Athena D. Mutua THE RISE, DEVELOPMENT AND FUTURE DIRECTIONS OF CRITICAL RACE THEORY AND RELATED SCHOLARSHIP 84 Denver University Law Review 329 (2006) Introduction 330 I. Overview. 333 II. Intellectual Antecedents. 340 III. Conflict as an Engine of CRT Intellectual and Institutional Growth. 345 A. Alternative Course: Confronting Colorblindness. 346 B. Conflict with CLS: The African American Experience as an Analytical and Methodological Framework. 347 C. Internal Conflict within the CRT Workshop:... 2006  
I. Bennett Capers THE TRIAL OF BIGGER THOMAS: RACE, GENDER, AND TRESPASS 31 New York University Review of Law and Social Change 1 (2006) Richard Wright's Native Son, the first novel by an African American to be featured as a main selection of the Book-of-the-Month Club, was nothing short of groundbreaking in the annals of American literature. The novel opens with the sound of an alarm going off--Richard Wright's wake-up call to America to open its eyes and address issues of race and... 2006  
Robert Berkley Harper, Professor Emeritus, University of Pittsburgh School of Law WELSH S. WHITE: TEACHER, MENTOR, COLLEAGUE AND FRIEND 68 University of Pittsburgh Law Review 19 (Fall, 2006) Those friends thou have and their adoption tried grapple them unto thy soul with hoops of steel. William Shakespeare The advice of Polonius to Laertes in Shakespeare's play Prince Hamlet, is of great significance in the times in which we are living. So much of life is transitory and often relationships are transparent. However, there are rare... 2006  
Leonard S. Rubinowitz , Ismail Alsheik A MISSING PIECE: FAIR HOUSING AND THE 1964 CIVIL RIGHTS ACT 48 Howard Law Journal 841 (Spring 2005) It is generally acknowledged that the 1964 Civil Rights Act is the most comprehensive civil rights statute in the nation's history. Yet the Act did not address fair housing. It did not have explicit provisions designed to combat housing discrimination, one of the most deeply entrenched aspects of racial subordination. Only in Title VI of the Act,... 2005  
Olivia Lin DEMYTHOLOGIZING RESTORATIVE JUSTICE: SOUTH AFRICA'S TRUTH AND RECONCILIATION COMMISSION AND RWANDA'S GACACA COURTS IN CONTEXT 12 ILSA Journal of International and Comparative Law 41 (Fall, 2005) Since the Allied-overseen Nuremberg Trials in 1945, the legal measures pursued by nations negotiating political transition and responding to the human rights abuses of prior regimes (transitional justice) are subject to examination by the watchful eye of the international community and international standards. Despite the development of a... 2005  
  Fifth Circuit Upholds Dismissal Of Racial Discrimination Claims In Operation of Illegal Dump 33 HDR Current Developments 32 (December 5, 2005) The U.S. Court of Appeals for the Fifth Circuit upheld the dismissal of fair housing claims against the city of Dallas by African-American residents of a neighborhood where an illegal dump operated for years. (Cox v. City of Dallas, No. 04-11304, 2005 WL 2996955 (5th Cir. (Tex.)), November 9, 2005; for background, see Current Developments, Vol. 32,... 2005  
Marie-Amélie George GENDERED CRIME, RACED JUSTICE: A CRITICAL RACE FEMINIST APPROACH TO FORENSIC DNA DATABANK EXPANSION 19 National Black Law Journal 78 (2005) Between 1997 and 2002, Mark Wayne Rathburn raped fourteen women in Long Beach, California. One of his victims was an elderly widow who was recovering from surgery. In 1994, a serial rapist in the Bronx began a five-year crime spree, during which he sexually assaulted fifty-one women. Both of these perpetrators had previously been arrested, and... 2005  
Carol S. Steiker NO, CAPITAL PUNISHMENT IS NOT MORALLY REQUIRED: DETERRENCE, DEONTOLOGY, AND THE DEATH PENALTY 58 Stanford Law Review 751 (December, 2005) Cass Sunstein and Adrian Vermeule argue that, if recent empirical studies finding that capital punishment has a substantial deterrent effect are valid, consequentialists and deontologists alike should conclude that capital punishment is not merely morally permissible but actually morally required. While the empirical studies are highly suspect (as... 2005  
Alex Lesman STATE RESPONSES TO THE SPECTER OF RACIAL DISCRIMINATION IN CAPITAL PROCEEDINGS: THE KENTUCKY RACIAL JUSTICE ACT AND THE NEW JERSEY SUPREME COURT'S PROPORTIONALITY REVIEW PROJECT 13 Journal of Law & Policy 359 (2005) Since April 22, 1987, when the United States Supreme Court handed down McCleskey v. Kemp, the death penalty in America has operated in a twilight of simultaneous acknowledgement and denial of racial discrimination in the ultimate punishment. In McCleskey, the Supreme Court admitted the existence of racial disparity in capital sentencing, but... 2005  
Dan Markel STATE, BE NOT PROUD: A RETRIBUTIVIST DEFENSE OF THE COMMUTATION OF DEATH ROW AND THE ABOLITION OF THE DEATH PENALTY 40 Harvard Civil Rights-Civil Liberties Law Review 407 (Summer, 2005) In the aftermath of Governor Ryan's decision in 2003 to commute the sentences of each offender on Illinois' death row, various scholars have claimed that Ryan's action was cruel, callous, a grave injustice, and, from a retributivist perspective, an unmitigated moral disaster. This Article contests that position, showing not only why a... 2005  
Jennifer B. Wriggins© TORTS, RACE, AND THE VALUE OF INJURY, 1900-1949 49 Howard Law Journal 99 (Fall 2005) [T]he problem of the Twentieth Century is the problem of the color-line. Tort law [is] public law in disguise. Tort law is one of the central, and most familiar, aspects of U.S. law. Every law student, by the end of his or her first year, has a basic picture of the subject of torts. In addition to being a significant mechanism for compensating... 2005  
Carmen M. Butler VICTIMHOOD TO AGENCY: A CONSTRUCTIONIST COMPARISON OF SEXUAL ORIENTATION TO RELIGIOUS ORIENTATION 4 Seattle Journal for Social Justice 147 (Fall/Winter 2005) Injustice anywhere is a threat to justice everywhere. Dr. Martin Luther King, Jr.'s words bear a timeless truth to the extent that he spoke about our nation's aspirations for justice for all. But when Coretta Scott King expounded on Dr. King's words, she took the notion of justice for all to a new level. Specifically, she tied the notion of... 2005  
Reynaldo A. Valencia WHAT IF YOU WERE FIRST AND NO ONE CARED: THE APPOINTMENT OF ALBERTO GONZALES AND COALITION BUILDING BETWEEN LATINOS AND COMMUNITIES OF COLOR 12 Washington and Lee Journal of Civil Rights and Social Justice 21 (Fall, 2005) In December of 2000, I was a presenter at the annual meeting of the Texas Association of Chicanos in Higher Education. I entitled my remarks, Identifying and Meeting the Needs of a Diverse Student Body. During the course of my presentation, I explained that St. Mary's University School of Law had more Latina/o faculty and more Latina/o students... 2005  
James Forman, Jr. JURIES AND RACE IN THE NINETEENTH CENTURY 113 Yale Law Journal 895 (January, 2004) How can justice be administered throughout States thronging with colored fellow-citizens unless you have them on the juries? -- Charles Sumner The Supreme Court's jurisprudence on criminal juries has overlooked an important piece of history. This is most notable in the context of its jury discrimination jurisprudence over the past twenty years. In... 2004  
David C. Baldus , George Woodworth RACE DISCRIMINATION AND THE LEGITIMACY OF CAPITAL PUNISHMENT: REFLECTIONS ON THE INTERACTION OF FACT AND PERCEPTION (Summer 2004) This Article focuses on the interaction between the empirical evidence of racial discrimination in the administration of the death penalty, community perceptions of the existence of such discrimination, and the impact of those perceptions on the perceived legitimacy of capital punishment. Our analysis builds on the usual distinction between race... 2004  
Patricia A. King REFLECTIONS ON RACE AND BIOETHICS IN THE UNITED STATES 14 Health Matrix: Journal of Law-Medicine 149 (Winter, 2004) IN 1932, IN MACON COUNTY, ALABAMA, the United States Public Health Service began a study of untreated syphilis on 399 poor black men suffering from the disease and 201 control subjects. The Tuskegee Study of Untreated Syphilis in the Negro Male lasted forty years despite the discovery in the 1940s that penicillin was an effective treatment for... 2004  
Kim Forde-Mazrui TAKING CONSERVATIVES SERIOUSLY: A MORAL JUSTIFICATION FOR AFFIRMATIVE ACTION AND REPARATIONS 92 California Law Review 683 (May, 2004) Introduction. 686 I. Corrective Racial Justice: The Prima Facie Case for Societal Responsibility. 694 A. Society Wrongfully Caused Harm. 695 1. The Nature of the Harm. 695 2. The Causal Relationship to Historic Discrimination. 697 B. Society's Obligation to Remedy the Harm. 707 II. Objections to the Prima Facie Case: Problems of Intergenerational... 2004  
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