AuthorTitleCitationSummaryYearRelevancy
Janet Ward Schofield , Leslie R.M. Hausmann THE CONUNDRUM OF SCHOOL DESEGREGATION: POSITIVE STUDENT OUTCOMES AND WANING SUPPORT 66 University of Pittsburgh Law Review 83 (Fall, 2004) The Brown v. Board of Education (1954) decision was a landmark in many respects. Most importantly, it overturned the separate but equal doctrine embodied in Plessy v. Ferguson (1896), laying the groundwork for massive change in our society. In particular, it laid the basis for dismantling state supported racial segregation in education, housing,... 2004  
Eric K. Yamamoto , Susan K. Serrano , Michelle Natividad Rodriguez AMERICAN RACIAL JUSTICE ON TRIAL--AGAIN: AFRICAN AMERICAN REPARATIONS, HUMAN RIGHTS, AND THE WAR ON TERROR 101 Michigan Law Review 1269 (March, 2003) Few questions challenge us to consider 380 years of history all at once, to tunnel inside our souls to discover what we truly believe about race and equality and the value of human suffering. --Kevin Merida (on African American reparations) Secretary of State Colin L. Powell said today that terrorists can only be attacked from the highest moral... 2003  
Genna Rae McNeil BEFORE BROWN: REFLECTIONS ON HISTORICAL CONTEXT AND VISION 52 American University Law Review 1431 (August, 2003) I am . . . concerned . . . that the Negro shall not be content simply with demanding a share in the existing system. [H]is fundamental responsibility and historical challenge is . . . to make sure that the system which shall survive in the United States of America . . . shall be a system which guarantees justice and freedom for everyone. Charles... 2003  
Margaret M. Russell CLEANSING MOMENTS AND RETROSPECTIVE JUSTICE 101 Michigan Law Review 1225 (March, 2003) We live in an era of questioning and requestioning long-held assumptions about the role of race in law, both in criminal prosecutions specifically and in the legal process generally. Certainly, the foundational framework is not new; for decades, both legal literature and jurisprudence have explored in great detail the realities of racism in the... 2003  
Kim Forde-Mazrui LIVE AND LET LOVE: SELF-DETERMINATION IN MATTERS OF INTIMACY AND IDENTITY 101 Michigan Law Review 2185 (May, 2003) Are you free to choose the race of your spouse, . . . of your child, . . . of yourself? Historically, the legal and social answer to these questions was No. Matters of racial identity and interracial intimacy were strictly circumscribed by ideologies of racial essentialism and separation, ostensibly rooted in science, morality, and religion. In... 2003  
Cheryl I. Harris MINING IN HARD GROUND 116 Harvard Law Review 2487 (June, 2003) In the wake of the elections of 2002, Republican control over national political structures is arguably complete and consolidated. Not only are the presidency, Congress, and the federal judiciary in the hands of Republicans, but also policies and decisions are being shaped by some of the more aggressively conservative sectors of the party. As... 2003  
Barry C. Feld RACE, POLITICS, AND JUVENILE JUSTICE: THE WARREN COURT AND THE CONSERVATIVE "BACKLASH" 87 Minnesota Law Review 1447 (May 1, 2003) [C]onsiderations of race are now deeply imbedded in the strategy and tactics of politics, in competing concepts of the function and responsibility of government, and in each voter's conceptual structure of moral and partisan identity. Race helps define liberal and conservative ideologies, shapes the presidential coalitions of the Democratic and... 2003  
Leonard M. Baynes RACIAL STEREOTYPES, BROADCAST CORPORATIONS, AND THE BUSINESS JUDGMENT RULE 37 University of Richmond Law Review 819 (March, 2003) The major networks have received a great deal of criticism for the absence of, and stereotyping of, people of color who appear on their prime-time television shows. Many more African American characters appear on television series today than at any other time in television's previous history. African Americans comprise an ever larger and growing... 2003  
David P. Fidler RACISM OR REALPOLITIK? U.S. FOREIGN POLICY AND THE HIV/AIDS CATASTROPHE IN SUB-SAHARAN AFRICA 7 Journal of Gender, Race and Justice 97 (Spring 2003) The world stood by while AIDS overwhelmed sub-Saharan Africa. Peter Piot, Executive Director of UNAIDS, July 7, 2002 Infectious disease epidemics have played important roles in the history of humankind. Historians have studied, for example, the continent-wide political, economic, and social impact of the bubonic plague--the Black Death--in... 2003  
Kaimipono David Wenger SLAVERY AS A TAKINGS CLAUSE VIOLATION 53 American University Law Review 191 (October, 2003) Introduction. 192 I. Slaves Possessed a Property Right of Self-Ownership. 199 A. A Conceptual Foundation. 199 B. Characteristics of the Self-Ownership Right. 204 1. Universality. 204 2. Inalienability. 204 C. Self-Ownership as Constitutionally Protected Property. 208 II. Reconceptualizing Slavery as a Taking. 209 A. Preliminary Inquiries. 210 1.... 2003  
Jeffery M. Brown BLACK INTERNATIONALISM: EMBRACING AN ECONOMIC PARADIGM 23 Michigan Journal of International Law 807 (Summer 2002) Introduction. 807 I. Black Internationalism and the Challenges of Globalization. 819 A. Defining Internationalism. 821 B. Black Internationalism: A Conceptual Overview. 823 II. Historical Expressions of Black Internationalism. 827 A. Assessing the Free South African Movement. 828 B. Bananas, Trade, and the Limitations of Pan-Africanism. 832 C. The... 2002  
Charles J. Ogletree, Jr. BLACK MAN'S BURDEN: RACE AND THE DEATH PENALTY IN AMERICA 81 Oregon Law Review 15 (Spring 2002) Nearly 120 years ago, Frederick Douglass, the former slave and great African American leader, described the American criminal justice system as follows: Justice is often painted with bandaged eyes. She is described in forensic eloquence, as utterly blind to wealth or poverty, high or low, white or black, but a mask of iron, however thick, could... 2002  
Francis T. Cullen, John E. Eck, Christopher T. Lowenkamp, University of Cincinnati, University of Cincinnati, University of Cincinnati ENVIRONMENTAL CORRECTIONS-A NEW PARADIGM FOR EFFECTIVE PROBATION AND PAROLE SUPERVISION 66-SEP Federal Probation 28 (September, 2002) Only a small percentage of men have to go back to prison. I think that many convicted fellows deserve another chance. However, we not only have to play fair with the fellow who's gotten bad breaks, but we must also consider the rights of taxpayers and our duties toward them. We don't want anyone in jail who can make good [quoted in Robinson, 2001,... 2002  
E. Christi Cunningham IDENTITY MARKETS 45 Howard Law Journal 491 (Spring 2002) A miracle--a man fed the multitude with seven loaves and a few fish, and there was more than enough for everyone. Making plenty out of scarcity on a moment's notice, in a mountain wilderness, with just a prayer, probably would constitute a miracle even by modern standards. In this article, however, I develop a theory for addressing scarcity without... 2002  
Steven W. Bender , Keith Aoki SEEKIN' THE CAUSE: SOCIAL JUSTICE MOVEMENTS AND LATCRIT COMMUNITY 81 Oregon Law Review 595 (Fall 2002) These are revolutionary times. All over the globe men are revolting against old systems of exploitation and oppression, and out of the wounds of a frail world, new systems of justice and equality are being born. The shirtless and barefoot people of the land are rising up as never before. The people who sat in darkness have seen a great light. We in... 2002  
William N. Eskridge, Jr SOME EFFECTS OF IDENTITY-BASED SOCIAL MOVEMENTS ON CONSTITUTIONAL LAW IN THE TWENTIETH CENTURY 100 Michigan Law Review 2062 (August, 2002) I. Constitutional Arguments and Strategies Deployed by Three Twentieth Century Identity-Based Social Movements. 2069 A. The Civil Rights Movement. 2072 1. The Politics of Protection, 1913-40. 2073 2. The Politics of Recognition and Some Remediation, 1940-72. 2082 3. The Politics of Remediation and the New Politics of Preservation, 1972-Present.... 2002  
Alexander Tsesis THE PROBLEM OF CONFEDERATE SYMBOLS: A THIRTEENTH AMENDMENT APPROACH 75 Temple Law Review 539 (Fall 2002) Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. Section 2. Congress shall have power to enforce this article by appropriate legislation. -U.S. Const. amend. XIII We have been... 2002  
Penny J. White A RESPONSE AND RETORT 33 Connecticut Law Review 899 (Spring, 2001) Mr. Tabak's thorough and informative article is convincing in its thesis-that the capital punishment climate in this country is changing in significant part because of substantial doubts about the legal system's ability to prevent innocent people from being executed. The article credits the change to the use of DNA evidence, the exoneration of... 2001  
Martha Chamallas DEEPENING THE LEGAL UNDERSTANDING OF BIAS: ON DEVALUATION AND BIASED PROTOTYPES 74 Southern California Law Review 747 (March, 2001) The limits of contemporary antidiscrimination law are exceedingly narrow. There is a wide gulf between conduct that may be popularly regarded as racist or sexist and that which is prohibited by law, regardless of whether we focus on constitutional mandates or on the somewhat broader reach of important antidiscrimination laws, such as Title VII of... 2001  
Eric K. Yamamoto , Susan K. Serrano , Minal Shah Fenton , James Gifford , David Forman , Bill Hoshijo , Jayna Kim DISMANTLING CIVIL RIGHTS: MULTIRACIAL RESISTANCE AND RECONSTRUCTION 31 Cumberland Law Review 523 (2000-2001) I am from Hawai'i, America's fiftieth state. I am a third generation Japanese-American. At the turn of the last century, my grandparents hoped to better their hard life in Japan and emigrated to work on Hawai'i's sugar plantations. In response to oppressive work and living conditions, my grandfather helped a fledging union fight the White... 2001  
Kevin Hopkins FORGIVE U.S. OUR DEBTS? RIGHTING THE WRONGS OF SLAVERY 89 Georgetown Law Journal 2531 (August, 2001) We must make sure that their deaths have posthumous meaning. We must make sure that from now until the end of days all humankind stares this evil in the face . and only then can we be sure it will never arise again. President Ronald Reagan In recent months, claims for reparations for slavery have gained new popularity amongst black intellectuals... 2001  
Petal Nevella Modeste RACE HATE SPEECH: THE PERVASIVE BADGE OF SLAVERY THAT MOCKS THE THIRTEENTH AMENDMENT 44 Howard Law Journal 311 (Winter 2001) What is freedom? Is it the mere negation? Is it bare privilege of not being chained, - of not being bought and sold, branded and scourged? If this is all, then freedom is a bitter mockery, a cruel delusion. . . . But liberty is no negation. It is a substantial, tangible reality. It is the realization of those imperishable truths of the Declaration.... 2001  
RenĂ© Bowser RACIAL PROFILING IN HEALTH CARE: AN INSTITUTIONAL ANALYSIS OF MEDICAL TREATMENT DISPARITIES 7 Michigan Journal of Race and Law 79 (Fall 2001) INTRODUCTION. 80 I. Seeking Treatment While Black: Empirical Evidence of Racial Discrimination. 83 A. The Schulman Study. 84 B. The Provision of Medicare Services. 85 C. Managed Care. 87 D. Acute Care Settings. 89 II. Poverty of Existing Explanations of Racial Disparity. 91 A. Cultural Preferences. 92 B. Overuse by Whites. 95 C. Unconscious Racism.... 2001  
Joe R. Feagin , Kevin E. Early , Karyn D. Mckinney THE MANY COSTS OF DISCRIMINATION: THE CASE OF MIDDLE-CLASS AFRICAN AMERICANS 34 Indiana Law Review 1313 (2001) A century ago the pioneering social psychologist, William James, noted that there is no more serious punishment for human beings than social isolation and marginalization. An impotent despair often develops among those who are isolated and treated as less than human in social interaction. In the last two decades social scientists have documented... 2001  
Denise C. Morgan THE NEW SCHOOL FINANCE LITIGATION: ACKNOWLEDGING THAT RACE DISCRIMINATION IN PUBLIC EDUCATION IS MORE THAN JUST A TORT 96 Northwestern University Law Review 99 (Fall 2001) In Brown v. Board of Education, the Supreme Court suggested justice demands that states treat public education as a communal resource to be distributed on equal terms with respect to race. Indeed, the Court's famous phrase--[s]eparate educational facilities are inherently unequal--could imply that misdistribution of that essential resource... 2001  
Luke Charles Harris ; & Uma Narayan AFFIRMATIVE ACTION AS EQUALIZING OPPORTUNITY: CHALLENGING THE MYTH OF "PREFERENTIAL TREATMENT" 16 National Black Law Journal 127 (1999-2000) The public debate that swirls around affirmative action programs raises profound questions about what it means to promote the idea of equal citizenship in contemporary America. But, I am a proud beneficiary of affirmative action. I have never felt stigmatized by it. In fact, I have always felt honored to have had the opportunity to benefit from a... 2000  
Dorothy E. Roberts CREATING AND SOLVING THE PROBLEM OF DRUG USE DURING PREGNANCY 90 Journal of Criminal Law and Criminology 1353 (Summer 2000) In the mid-1980s newspapers began to report an explosion of babies born affected by drugs in the womb. The crisis of drug-exposed babies cried out for action. Prosecutors across the county decided to tackle the problem by prosecuting the babies' mothers. Between 1985 and 1995, at least two hundred women in thirty states were charged with crimes... 2000  
Ana Joanes DOES THE NEW YORK CITY POLICE DEPARTMENT DESERVE CREDIT FOR THE DECLINE IN NEW YORK CITY'S HOMICIDE RATES? A CROSS-CITY COMPARISON OF POLICING STRATEGIES AND HOMICIDE RATES 33 Columbia Journal of Law and Social Problems 265 (Spring, 2000) When asked why crime rates fluctuate, one criminal law expert admits that [t]he honest answer is that no one knows. Despite the truth of this answer, one finds few reflections of its wisdom when reviewing media coverage of the decline in New York City's crime rate during the mid-1990s. The story seems almost too good to be true. As New York City... 2000  
Natsu Taylor Saito FROM SLAVERY AND SEMINOLES TO AIDS IN SOUTH AFRICA: AN ESSAY ON RACE AND PROPERTY IN INTERNATIONAL LAW 45 Villanova Law Review 1135 (2000) I. Introduction: Critical Race Theory, International Law and Property Rights. 1136 II. Slavery and Seminoles: People as Property. 1142 A. Setting the Stage: Maroons Before 1776. 1142 B. Slavery and International Law in the New Nation. 1145 C. The Seminole Wars: Liberty or Death. 1150 III. The Influence of Slaveholding Interests on Law and Policy.... 2000  
Aaron Goldstein INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS: ANOTHER ATTEMPT AT ELIMINATING NATIVE AMERICAN MASCOTS 3 Journal of Gender, Race and Justice 689 (Spring 2000) I. Introduction II. Background A. Racial Imagery B. The Impact of Native American Mascots C. Other Attempts at a Remedy III. Intentional Infliction of Emotional Distress A. Elements of Intentional Infliction of Emotional Distress B. Extreme and Outrageous Conduct C. Severe Emotional Distress IV. Analysis A. Extreme and Outrageous Conduct B. Severe... 2000  
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