AuthorTitleCitationSummaryYearRelevancy
John D. Casais IGNORING THE HARM: THE SUPREME COURT, STIGMATIC INJURY, AND THE END OF SCHOOL DESEGREGATION 14 Boston College Third World Law Journal 259 (Summer, 1994) At some point, these school authorities and others like them should have achieved full compliance with this Court's decision in Brown I. But when does the transition end, and how will we know that point when we see it? As the 1990s began, some eight hundred school systems in the United States were under court supervision because school authorities... 1994  
Naomi Mezey LEGAL RADICALS IN MADONNA'S CLOSET: THE INFLUENCE OF IDENTITY POLITICS, POPULAR CULTURE, AND A NEW GENERATION ON CRITICAL LEGAL STUDIES 46 Stanford Law Review 1835 (July, 1994) In this book note, Naomi Mezey explores both the content and the context of Sexy Dressing Etc.: Essays on the Power and Politics of Cultural Identity, by Duncan Kennedy, a leading figure in the critical legal studies (CLS) movement. Ms. Mezey sees Kennedy as engaged in two related projects: first, responding to criticisms of CLS by feminist and... 1994  
Aremona G. Bennett PHANTOM FREEDOM: OFFICIAL ACCEPTANCE OF VIOLENCE TO PERSONAL SECURITY AND SUBVERSION OF PROPRIETARY RIGHTS AND AMBITIONS FOLLOWING EMANCIPATION, 1865-1910 70 Chicago-Kent Law Review 439 (1994) In the wake of the Civil War, local law enforcement measures, legislative enactments, and judicial decisions in the slaveholding states of the South frustrated the Emancipation Proclamation of 1863 and the Thirteenth Amendment adopted two years later. At the federal judicial level, a policy of nonintervention against randomized lawlessness and its... 1994  
Daniel W. Van Ness PRESERVING A COMMUNITY VOICE: THE CASE FOR HALF-AND-HALF JURIES IN RACIALLY-CHARGED CRIMINAL CASES 28 John Marshall Law Review 1 (Fall 1994) What is the role of the jury in a criminal trial? Does it protect the individual defendant from arbitrary action by the sovereign? Does it add lay experience and insight to a formalistic and technical legal process? Or does it assert and protect the interests of the general community in a legal dispute in which the official parties are the... 1994  
Richard Delgado RODRIGO'S EIGHTH CHRONICLE: BLACK CRIME, WHITE FEARS--ON THE SOCIAL CONSTRUCTION OF THREAT 80 Virginia Law Review 503 (March, 1994) I was staring disconsolately at the flashing light on the vending machine in the student lounge, where I had gone in search of a much-needed late afternoon pick-me-up, when I heard a familiar voice from behind me: Professor, do you need some help? Rodrigo! I said. It's good to see you. To tell the truth, I felt slightly uncomfortable at being... 1994  
Colin Crawford STRATEGIES FOR ENVIRONMENTAL JUSTICE: RETHINKING CERCLA MEDICAL MONITORING LAWSUITS 74 Boston University Law Review 267 (March 1, 1994) I. Introduction . 268 A. Background . 268 B. Lawyers' Belated Response . 272 C. Rethinking CERCLA Medical Monitoring Lawsuits . 273 D. The Usefulness of the Medical Monitoring Lawsuit . 274 II. The Failure of Equal Protection Challenges . 279 A. Case Law . 279 1. Bean v. Southwestern Waste Management Corp. . 280 2. East Bibb Twiggs Neighborhood... 1994  
Eva S. Nilsen THE CRIMINAL DEFENSE LAWYER'S RELIANCE ON BIAS AND PREJUDICE 8 Georgetown Journal of Legal Ethics 1 (Fall, 1994) Criminal defense lawyers are frequently required to utilize legal strategies that are morally repugnant because they perpetuate racial, gender, or cultural stereotypes. They know that legal and factual argument often persuades to the degree it piggybacks on the existing prejudices of a listener. A lawyer may, for example, explain or mitigate a... 1994  
Claire L. Hasler THE PROPOSED ENVIRONMENTAL JUSTICE ACT: "I HAVE A (GREEN) DREAM" 17 University of Puget Sound Law Review 417 (Winter 1994) In June 1992, former Senator Albert Gore and Representative John Lewis introduced legislation into the U.S. Senate and House of Representatives entitled the Environmental Justice Act of 1992. This legislation was the outgrowth of a long list of protests, studies, and cases involving a phenomenon known as environmental racism. The proposed... 1994  
Twila L. Perry THE TRANSRACIAL ADOPTION CONTROVERSY: AN ANALYSIS OF DISCOURSE AND SUBORDINATION 21 New York University Review of Law and Social Change 33 (1993-1994) L1-2Introduction 34 I. Overview of Transracial Adoption and the Perspectives on Transracial Adoption . 41 A. Transracial Adoption . 41 B. Colorblind Individualism vs. Color and Community Consciousness . 43 C. Sources of the Perspectives: Racial Histories and Racial Narratives . 47 II. Influence of the Perspectives on the Transracial Adoption... 1994  
Evelyn Wilson COMMENTS ON "AN OPEN LETTER TO JUSTICE CLARENCE THOMAS FROM A FEDERAL JUDICIAL COLLEAGUE" 20 Southern University Law Review 141 (Spring, 1993) On June 27, 1991, Associate Justice Thurgood Marshall of the United States Supreme Court announced his resignation from the Court. Four days later, President Bush recommended a successor, Judge Clarence Thomas of the District of Columbia Court of Appeals. Justice Marshall had been appointed to the Court in 1967 by President Lyndon B. Johnson and... 1993  
Kendra Meinert CRIMINAL INJUSTICE: CONTINUING RACIAL INEQUITIES IN DEATH PENALTY SENTENCING 22 Southwestern University Law Review 1177 (1993) If a black man kill a white man, that be first degree murder; if a white man kill a white man, that be second degree murder; if a black man kill a black man, that be manslaughter; but if a white man kill a black man, that be excusable homicideunless a woman was involved, in which case the black man died of apoplexy. I. Introduction A. Recent... 1993  
Pamela Duncan ENVIRONMENTAL RACISM: RECOGNITION, LITIGATION, AND ALLEVIATION 6 Tulane Environmental Law Journal 317 (Summer, 1993) I. INTRODUCTION. 318 II. DEFINING THE PROBLEM. 322 A. What is Environmental Racism?. 322 B. Growing Statistical Evidence. 325 1. Effective Studies of Environmental Discrimination. 325 2. The GAO Study. 327 3. Toxic Wastes and Race in the United States. 329 4. The Causes of Environmental Racism. 333 III. LEGAL TREATMENT OF THE PROBLEM. 338 A.... 1993  
Nancy E. Dowd LIBERTY vs. EQUALITY: IN DEFENSE OF PRIVILEGED WHITE MALES 429 (Winter, 1993) This book is disturbing in more ways than I can count. Grounded in libertarianism and law-and-economics, its thesis is that the principles of choice and freedom of association outweigh equality and justice, justifying the abolition of private employment discrimination law and the imposition of severe limitations on public employment discrimination... 1993  
Peggy Cooper Davis NEGLECTED STORIES AND THE LAWFULNESS OF ROE V. WADE 28 Harvard Civil Rights-Civil Liberties Law Review 299 (Summer, 1993) The Constitution of the United States does not contain the word family. It makes no mention of marriage, parenting, procreation, contraception or abortion. People nonetheless invoke the Constitution when rights of family are threatened. When interracial couples were told that they could not marry, they appealed to the United States Supreme Court.... 1993  
John Charles Boger RACE AND THE AMERICAN CITY: THE KERNER COMMISSION IN RETROSPECT--AN INTRODUCTION 71 North Carolina Law Review 1289 (June, 1993) During the mid-1960s, powerful social, economic, and political forces thrust urban issues to the center of national attention, in a context emphasizing the interrelationship between race, poverty, and urban ills. One major contributor to this redefinition of American urban problems was the civil rights movement. The movement, which captured... 1993  
Adrien Katherine Wing , Sylke Merchan RAPE, ETHNICITY, AND CULTURE: SPIRIT INJURY FROM BOSNIA TO BLACK AMERICA 25 Columbia Human Rights Law Review 1 (Fall, 1993) The recent armed conflict in the former Yugoslav republic of Bosnia-Herzegovina has brought the issue of systematic, wide-spread rapes of civilian women in times of war to the attention of the world community. This Article examines the intersection of rape, ethnicity, and culture in the Bosnian context. Rape, which is pervasive in Bosnia,... 1993  
Adeno Addis RECYCLING IN HELL 67 Tulane Law Review 2253 (June, 1993) So we stand here/On the edge of hell/In Harlem/And look out on the world/And wonder/What we're gonna do/In the face of/What we remember. -Langston Hughes To most Americans, both black and white, the outcome of the jury deliberation in the first Rodney King case was manifestly unjust. I think it might be accurate to say, however, that the decision... 1993  
A. Leon Higginbotham, Jr. SEEKING PLURALISM IN JUDICIAL SYSTEMS: THE AMERICAN EXPERIENCE AND THE SOUTH AFRICAN CHALLENGE 42 Duke Law Journal 1028 (March, 1993) C1-2Table of Contents L1-2Introduction 1030 I. The Public Perception Problems of an Unrepresentative Judiciary. 1033 A. The Public's Perception of the Judiciary. 1035 B. The Judiciary's Problem of Perception of the Public, or The Prejudices Judges Share with Their Fellow Men'. 1040 II. The Outgrowths of Prejudice in the Judicial Systems of the... 1993  
K.G. Jan Pillai AFFIRMATIVE ACTION: IN SEARCH OF A NATIONAL POLICY 2 Temple Political & Civil Rights Law Review 1 (Fall, 1992) I. Introduction II. The Test of Constitutionality A. The Philosophical Underpinnings B. Impact on Innocent Parties: The Decisive Factor C. The Limited Variety of Permissible Burdens D. Uncertain Attributes of Permissible Burdens III. Limiting Affirmative Action to Strictly Remedial Purposes A. Race-Conscious Preferences Only to Blacks B. Hispanics... 1992  
Donald P. Judges BAYONETS FOR THE WOUNDED: CONSTITUTIONAL PARADIGMS AND DISADVANTAGED NEIGHBORHOODS 19 Hastings Constitutional Law Quarterly 599 (Spring, 1992) Introduction. 601 I. Equality Principles, Negative Rights. 605 A. Negative Rights, Entitlements, and State Action. 606 1. Negative Rights. 607 2. Entitlements. 613 3. State Action. 615 B. Equality of Educational Opportunity. 620 1. School Finance Cases. 620 2. Desegregation Cases. 623 C. The Paradigm as Problem. 628 II. Affirmative Action and... 1992  
Richard Delgado , Jean Stefancic IMAGES OF THE OUTSIDER IN AMERICAN LAW AND CULTURE: CAN FREE EXPRESSION REMEDY SYSTEMIC SOCIAL ILLS? 77 Cornell Law Review 1258 (September, 1992) Conventional First Amendment doctrine is beginning to show signs of strain. Outsider groups and women argue that free speech law inadequately protects them against certain types of harm. Further, on a theoretical level, some scholars are questioning whether free expression can perform the lofty functions of community-building and... 1992  
Erin Edmonds MAPPING THE TERRAIN OF OUR RESISTANCE: A WHITE FEMINIST PERSPECTIVE ON THE ENFORCEMENT OF RAPE LAW 9 Harvard BlackLetter Journal 43 (Spring, 1992) Women, all women, are accountable for racism continuing to divide us. bell hooks When I first set out to write a paper on the enforcement of rape law from a white feminist's point of view, I had no idea what grief awaited me. Bruised, battered, and violated bodies polluted the crisp, droning rape statutesbodies of women, Black and white and in... 1992  
Patrick M. Fahey PAYNE v. TENNESSEE: AN EYE FOR AN EYE AND THEN SOME 25 Connecticut Law Review 205 (Fall, 1992) Let not the dry dust that drinks the black blood of citizens through passion for revenge and bloodshed for bloodshed be given our state to prey upon. Let them render grace for grace. Let love be their common will; let them hate with single heart. In Booth v. Maryland and South Carolina v. Gathers, the Supreme Court, relying on its Eighth Amendment... 1992  
A. Leon Higginbotham, Jr. , Anne F. Jacobs THE "LAW ONLY AS AN ENEMY": THE LEGITIMIZATION OF RACIAL POWERLESSNESS THROUGH THE COLONIAL AND ANTEBELLUM CRIMINAL LAWS OF VIRGINIA 70 North Carolina Law Review 969 (April, 1992) In the seventeenth, eighteenth, and nineteenth centuries American judges' and legislators' obligation to do justice collided with the South's race-based system of slavery. The statutes and caselaw of this period reveal not only judicial and legislative sanction of slavery, but also an effort on the part of lawmakers and judges to bolster the... 1992  
The NAACP Legal Defense and Education Fund THE COLOR OF JUSTICE 78-AUG ABA Journal 62 (August, 1992) The acquittal of the Los Angeles police officers who brutalized Rodney King was a stark reminder that racism continues to haunt our judicial system--a racial discrimination that it is imperative for America to acknowledge. But it is equally important to understand that the anger ignited by this verdict among African-Americans was based on the... 1992  
M. Shanara Gilbert RACISM AND RETRENCHMENT IN CAPITAL SENTENCING: JUDICIAL AND CONGRESSIONAL HASTE TOWARD THE ULTIMATE INJUSTICE 18 New York University Review of Law and Social Change 51 (1990/1991) Preface I. Racism in Death Sentencing: Constitutionally Acceptable II. Turning to Congress for Fairness: The Racial Justice Act III. The Government's Special Protectorate?: The Disparate Impact of Death Penalty Legislation Upon Native Americans IV. Speeding Up Executions: Judicial and Congressional Limits on Access to the Courts for Death Row... 1991  
Theodore Eisenberg , Sheri Lynn Johnson THE EFFECTS OF INTENT: DO WE KNOW HOW LEGAL STANDARDS WORK? 76 Cornell Law Review 1151 (September, 1991) C1-3Table of Contents I. Introduction and Background. 1152 A. Doctrinal History of the Intent Standard. 1154 B. Commentary on the Intent Standard. 1160 C. The Data. 1162 II. Volume, Success, and Other Characteristics of Intent Cases. 1163 A. Criteria for Assessing Volume and Success Rates. 1163 B. Volume. 1166 1. The Number of Intent Cases. 1166 2.... 1991  
Kenneth L. Karst THE PURSUIT OF MANHOOD AND THE DESEGREGATION OF THE ARMED FORCES 38 UCLA Law Review 499 (February, 1991) The statute of the Minuteman stands at the edge of the Lexington Battle Green as a reminder of the American tradition of the citizen soldier. From the Revolution onward, a great many Americans have believed that a citizen has the responsibility, in time of need, to serve in the armed forces. The same association of ideas also works in the other... 1991  
Robert J. Cottrol , Raymond T. Diamond THE SECOND AMENDMENT: TOWARD AN AFRO-AMERICANIST RECONSIDERATION 80 Georgetown Law Journal 309 (December, 1991) Introduction I. Armed Citizens, Freemen, and Well-Regulated Militias: The Beginnings of an Afro-American Experience with an Anglo-American Right A. ENGLISH LAW AND TRADITION B. ARMS AND RACE IN COLONIAL AMERICA C. THE RIGHT OF WHICH PEOPLE? 1. Revolutionary Ideals 2. Racial Limitations II. Arms and the Antebellum Experience A. THE SOUTHERN... 1991  
Darryl Brown RACISM AND RACE RELATIONS IN THE UNIVERSITY 76 Virginia Law Review 295 (March, 1990) White students say, [the university] is great; it's awesome. . . . But I just want to get my education and get out of here. This is their place, not mine.DD' It bothers us that we have to defend ourselves against racism when we know we are not racist.DD' American universities in recent years have endured a resurgence in racial tensions on... 1990  
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