AuthorTitleCitationSummaryYearRelevancy
Kenneth B. Nunn THE "DARDEN DILEMMA": SHOULD AFRICAN AMERICANS PROSECUTE CRIMES? 68 Fordham Law Review 1473 (April, 2000) W.E.B. Du Bois said that we were all of two worlds--part African and part American. It is only in the middle where we can be free to be both, to move in the world of American laws and culture without forsaking our African heritage. Christopher Darden Everyone knows who Christopher Darden is. Even now, years after the O.J. Simpson murder trial made... 2000  
W. Burlette Carter TRUE REPARATIONS 68 George Washington Law Review 1021 (July/September, 2000) Not surprisingly, Professor Anthony Cook delivers a provocative piece, one that follows the tradition of his other scholarship illuminating the world of Dr. Martin Luther King, Jr. He also joins a number of notable African American commentators, including U.S. Representative John Conyers and Randall Robinson, President of TransAfrica, in advocating... 2000  
Maurice E.R. Munroe UNAMERICAN TAIL: OF SEGREGATION AND MULTICULTURAL EDUCATION 64 Albany Law Review 241 (2000) Introduction: The Tail. 242 Part 1: The Tale of the Segregation Scandal. 244 Part 2: The Tale of Tenacious Prejudice. 254 Part 3: The Tale of How Prejudice Causes Segregation. 268 Part 4: The Tale of How Schools Taught Prejudice. 279 Part 5: The Tale of How Knowledge Perpetuates Prejudice. 287 Part 6: The American Tale of Multicultural Education.... 2000  
Jonathan L. Entin VIOLA LIUZZO AND THE GENDERED POLITICS OF MARTYRDOM 23 Harvard Women's Law Journal 249 (Spring, 2000) The decade between 1955 and 1965 produced numerous civil rights martyrs. Many of those who lost their lives during this period have been the subject of books. Among them are such celebrated figures as Medgar Evers (the NAACP's Mississippi field secretary); Michael Schwerner, James Chaney, and Andrew Goodman (the three civil rights workers who were... 2000  
Bernard W. Bell BYRON R. WHITE, KENNEDY JUSTICE 51 Stanford Law Review 1373 (May, 1999) Reviewing a biography of retired Justice Byron White and commenting on the Justice's jurisprudence offers a daunting range of possibilities given White's varied life (star athlete, Yale and Rhodes scholar, private lawyer, and Justice Department official) and important tenure on the Supreme Court (thirty-one years during the Warren, Burger, and... 1999  
Carolyn Wolpert CONSIDERING RACE AND CRIME: DISTILLING NON-PARTISAN POLICY FROM OPPOSING THEORIES 36 American Criminal Law Review 265 (Spring 1999) I. Introduction. 265 II. Opposing Theoretical Arguments. 268 A. Critical Race Theory. 268 B. Neo-Conservative Theorists on Race and Crime. 271 C. Traditional Liberal and Conservative Arguments. 274 III. Criminology and Sociology. 276 IV. The Distillation of Policy. 280 A. De-emphasizing Race. 281 B. Recognizing the Non-Mutually Exclusive Nature of... 1999  
David C. Williams CONSTITUTIONAL TALES OF VIOLENCE: POPULISTS, OUTGROUPS, AND THE MULTICULTURAL LANDSCAPE OF THE SECOND AMENDMENT 74 Tulane Law Review 387 (December, 1999) Traditionally, populists have claimed the Second Amendment as their particular cultural property; by contrast, outgroups and elites have found the Amendment somewhat culturally alien. Recently, some outgroup members have argued that their groups ought to embrace the Amendment because the right to keep and bear arms can be a valuable way of... 1999  
DOROTHY E. ROBERTS FOREWORD: RACE, VAGUENESS, AND THE SOCIAL MEANING OF ORDER-MAINTENANCE POLICING 89 Journal of Criminal Law and Criminology 775 (Spring 1999) In June, 1992, the Chicago City Council passed a loitering ordinance that gave police officers exceptionally broad power to disperse any group of two or more people standing in public if the police suspect that the group includes a gang member. Any person who does not promptly obey an order to disperse is subject to arrest and six months in prison.... 1999  
Charles L. Zelden FROM RIGHTS TO RESOURCES: THE SOUTHERN FEDERAL DISTRICT COURTS AND THE TRANSFORMATION OF CIVIL RIGHTS IN EDUCATION, 1968-1974 32 Akron Law Review 471 (1999) By 1968, the court ordered civil rights revolution was at a crossroads. More than a decade after Brown v. Board of Education had called for school desegregation, few schools were even marginally integrated. Southern opposition to desegregation, combined with a lack of direction from the Supreme Court, had left the lower federal courts unwilling,... 1999  
Pamela J. Smith LOOKING BEYOND TRADITIONAL EDUCATIONAL PARADIGMS: WHEN OLD VICTIMS BECOME NEW VICTIMIZERS 23 Hamline Law Review 101 (Fall, 1999) C1-4tABLE OF CONTENTS L1-4 i. L2-3iNTRODUCTION 102 L1-4 iI. L2-3tHE TRADITIONAL EDUCATIONAL PARADIGM 107 a. historical Barriers to Education 108 b. modern Application of the Traditional Educational Paradigm: Highlighting Subject-Matter Gender Discrimination 112 L1-4 iII. L2-3wHEN OLD VICTIMS BECOME NEW VICTIMIZERS 118 A. identifying Who Teaches... 1999  
Pamela J. Smith OUR CHILDREN'S BURDEN: THE MANY-HEADED HYDRA OF THE EDUCATIONAL DISENFRANCHISEMENT OF BLACK CHILDREN 42 Howard Law Journal 133 (Winter 1999) I. INTRODUCTION. 135 II. THE ORIGINAL HYDRA. 138 A. The Constitutional Compromises. 141 B. The Racial Reasons for the Original Constitutional Compromises. 146 C. The Constitutional Effect of the Original Compromises. 150 1. The Pro-Slavery Thirteenth Amendment. 156 2. The Gradual Compensatory Emancipation Incentive. 158 D. The Rise of Blacks as... 1999  
Pamela J. Smith ; PART II--ROMANTIC PATERNALISM--THE TIES THAT BIND: HIERARCHIES OF ECONOMIC OPPRESSION THAT REVEAL JUDICIAL DISAFFINITY FOR BLACK WOMEN AND MEN 3 Journal of Gender, Race and Justice 181 (Fall 1999) Preface I. Introduction II. Black Women and Economic Exploitation: No Romance and No Paternalistic Protection A. Economic Exploitation of Black Women's Labor B. Expanded Economic Exploitation 1. Exploitation Shown Through Type of Work Availability 2. Exploitation Shown Through Wage Disparities C. Black Women's Quasi-Protection Under Sex Plus D.... 1999  
Anthony V. Alfieri PROSECUTING RACE 48 Duke Law Journal 1157 (April, 1999) Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics. This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing... 1999  
Pamela J. Smith RELIANCE ON THE KINDNESS OF STRANGERS: THE MYTH OF TRANSRACIAL AFFINITY VERSUS THE REALITIES OF TRANSRACIAL EDUCATIONAL PEDISM 52 Rutgers Law Review 1 (Fall, 1999) In this Article, Professor Smith presents the second in a series of articles discussing the educational obstacles facing children generally and, in particular, Black children. Professor Smith begins by exploring and challenging the myth that, since we all care for children, there is no need to be concerned about negative legislative action and... 1999  
David Dante Troutt SCREWS, KOON, AND ROUTINE ABERRATIONS: THE USE OF FICTIONAL NARRATIVES IN FEDERAL POLICE BRUTALITY PROSECUTIONS 74 New York University Law Review 18 (April 1, 1999) Depite periodic outcries in response to particular outrages, it remains notoriously difficult to prosecute police brutality. In this form-shattering Article, Professor Troutt attributes much of this difficulty to the overwhelming power of the stories mainstream American culture tells about the encounters leading to police violence. In this piece.... 1999  
Beverly Moran SETTING AN AGENDA FOR THE STUDY OF TAX AND BLACK CULTURE 21 University of Arkansas at Little Rock Law Review 779 (Summer, 1999) This conference commands that we explore how law can achieve racial justice in the twenty-first century. To answer that question we must first ask three questions: 1) What conditions stand in the way of racial justice?; 2) How can law address these barriers?; and 3) How can we shape rules that fit within our shared notions of fairness? We ask these... 1999  
Athena D. Mutua SHIFTING BOTTOMS AND ROTATING CENTERS: REFLECTIONS ON LATCRIT III AND THE BLACK/WHITE PARADIGM 53 University of Miami Law Review 1177 (July, 1999) This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms and models. Specifically, it asks: What group should be at the center of a given... 1999  
Ruth E. Friedman STATISTICS AND DEATH: THE CONSPICUOUS ROLE OF RACE BIAS IN THE ADMINISTRATION OF THE DEATH PENALTY 11 La Raza Law Journal 75 (Spring, 1999) Statistics can be very useful things. They are detached, nonpartisan, and eminently quotable. Never damned lies by themselves, statistics are cold calculations not amenable to much debate. It is, of course, what we think the numbers mean that makes all the difference. This short essay looks at a few statistics on race and criminal justice and the... 1999  
Ruth E. Friedman STATISTICS AND DEATH: THE CONSPICUOUS ROLE OF RACE BIAS IN THE ADMINISTRATION OF THE DEATH PENALTY 4 African-American Law and Policy Report 75 (Fall, 1999) Statistics can be very useful things. They are detached, nonpartisan, and eminently quotable. Never damned lies by themselves, statistics are cold calculations not amenable to much debate. It is, of course, what we think the numbers mean that makes all the difference. This short essay looks at a few statistics on race and criminal justice and the... 1999  
Lolita K. Buckner Inniss TRICKY MAGIC: BLACKS AS IMMIGRANTS AND THE PARADOX OF FOREIGNNESS 49 DePaul Law Review 85 (Fall 1999) Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the outsider. Many whites could look at the social... 1999  
Demetra L. Liggins URBAN SURVIVAL SYNDROME: NOVEL CONCEPT OR RECOGNIZED DEFENSE? 23 American Journal of Trial Advocacy 215 (Summer, 1999) The woman who wanted to move into our building was asked if she ever worked late. We weren't being nosy, just trying to let her know that it might not be safe to walk through downtown Washington alone at night. When the woman replied that sometimes she did work late, an older woman on our housing co-op board offered some advice. I always take an... 1999  
Kenji Yoshino ASSIMILATIONIST BIAS IN EQUAL PROTECTION: THE VISIBILITY PRESUMPTION AND THE CASE OF "DON'T ASK, DON'T TELL" 108 Yale Law Journal 485 (December, 1998) I. Introduction. 487 II. Equal Protection Immutability and Visibility Defined. 493 A. Immutability. 493 B. Visibility. 496 C. Commonalities. 498 III. Equal Protection's Assimilationist Bias. 500 A. The Substantive Defense and Its Shortcomings. 504 B. The Political Process Defense. 506 IV. The Immutability Presumption. 509 A. Evasive Power. 509 B.... 1998  
  CARTER CENTER SYMPOSIUM ON THE DEATH PENALTY--JULY 24, 1997 14 Georgia State University Law Review 329 (March, 1998) We hoped that both President Carter and Mrs. Carter would be with us today, and they had hoped that as well. But previous commitments to attend the Liberian elections as head of an observer delegation were ones that President Carter had to honor, and that's why they're not here. We did ask them before they left to record messages to share with you.... 1998  
Patricia A. King , Leslie E. Wolf EMPOWERING AND PROTECTING PATIENTS: LESSONS FOR PHYSICIAN-ASSISTED SUICIDE FROM THE AFRICAN-AMERICAN EXPERIENCE 82 Minnesota Law Review 1015 (April, 1998) While we were watching round her bed, She turned her eyes and looked away, She saw what we couldn't see; She saw Old Death. She saw Old Death. Coming like a falling star. But Death didn't frighten Sister Caroline; He looked to her like a welcome friend. And she whispered to us: I'm going home, And she smiled and closed her eyes. The increasing... 1998  
Susan M. Wolf FOREWORD: FACING DEATH 82 Minnesota Law Review 885 (April, 1998) Last term the U.S. Supreme Court finally considered the constitutional status of physician-assisted suicide. Confronted with decisions from the Ninth and Second Circuits finding a constitutional right, the Court granted certiorari in October 1996. That set off an explosion of debate. From the hospital bedside to the legislative hearing room and... 1998  
Kenneth B. Nunn LAW, CULTURE, AND THE MORALITY OF JUDICIAL CHOICE 28 Cumberland Law Review 581 (1997-1998) Professor Carter has presented us with an interesting and provocative talk this afternoon. I think we can all see that he is a very capable historian, one whose stellar academic reputation is very richly deserved. I, for my part, am not a historian, but nonetheless, it seems to me that there are two kinds of history. We can have a living... 1998  
Dorothy E. Roberts SOURCES OF COMMITMENT TO SOCIAL JUSTICE 4 Roger Williams University Law Review 175 (Fall 1998) Several years ago I pinned a cartoon on my wall to remind me of the possibilities and the failures in the quest for social justice. The cartoon depicts a Black mother sitting next to her daughter who is tucked in bed in a dilapidated apartment. The mother reads aloud from a book entitled Fairy Tales: Golly, let's do it!, the President told the... 1998  
Robert J. Cottrol SUBMISSION IS NOT THE ANSWER: LETHAL VIOLENCE, MICROCULTURES OF CRIMINAL VIOLENCE AND THE RIGHT TO SELF-DEFENSE 69 University of Colorado Law Review 1029 (Fall 1998) Professors Zimring and Hawkins have performed an important service. As we close out the twentieth century, it is clear that crime (and more particularly the fear of crime) has become a disturbing and, even worse, a defining feature of contemporary American culture. To an extent that is truly frightening, our politics, popular culture, and even more... 1998  
Martha Chamallas THE ARCHITECTURE OF BIAS: DEEP STRUCTURES IN TORT LAW 146 University of Pennsylvania Law Review 463 (January, 1998) Gender and race have disappeared from the face of tort law. The old doctrines that explicitly limited recovery exclusively to one gender have been either abolished or extended on a gender-neutral basis. Women as well as men may now recover for such claims as loss of spousal consortium and loss of a child's services. The disabilities that prevented... 1998  
Evan Tsen Lee , Ashutosh Bhagwat THE MCCLESKEY PUZZLE: REMEDYING PROSECUTORIAL DISCRIMINATION AGAINST BLACK VICTIMS IN CAPITAL SENTENCING 1998 Supreme Court Review 145 (1998) In this article we analyze possible legislative and judicial alternatives for redressing prosecutorial race discrimination against murder victims. There are both substantive and procedural obstacles to such remedies. The substantive obstacle is the doctrine that requires proof of intentional discrimination to make out a violation of the Equal... 1998  
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