AuthorTitleCitationSummaryYearKey Terms
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  
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  
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