| Author | Title | Citation | Summary | Year | Relevancy |
| A. Leon Higginbotham, Jr. |
RACISM IN AMERICAN AND SOUTH AFRICAN COURTS: SIMILARITIES AND DIFFERENCES |
65 New York University Law Review 479 (June, 1990) |
With the freeing of Nelson Mandela and negotiations underway between dissident political groups and the white government, South Africa appears poised at least to begin the implementation of democratic and human rights reforms. This is a critical time to consider the role that South African courts have played in maintaining the system of apartheid... |
1990 |
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| Kevin Brown |
TERMINATION OF PUBLIC SCHOOL DESEGREGATION: DETERMINATION OF UNITARY STATUS BASED ON THE ELIMINATION OF INVIDIOUS VALUE INCULCATION |
58 George Washington Law Review 1105 (August, 1990) |
In Brown v. Board of Education (Brown I) the Supreme Court concluded that state-imposed racial segregation of public schools deprives African-Americans of equal protection of the laws under the Fourteenth Amendment. With Brown I and its school desegregation progeny, the Supreme Court launched the nation on a course intended to desegregate its... |
1990 |
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| Vada Berger , Nicole Walthour , Angela Dorn, Dan Lindsey, Pamela Thompson, and Gretchen von Helms |
TOO MUCH JUSTICE: A LEGISLATIVE RESPONSE TO MCCLESKEY v. KEMP |
24 Harvard Civil Rights-Civil Liberties Law Review 437 (Spring, 1989) |
At some point in [his] case, Warren McCleskey doubtless asked his lawyer whether a jury was likely to sentence him to die. A candid reply to this question would have been disturbing. First, counsel would have to tell McCleskey that few of the details of the crime or of McCleskey's past criminal conduct were more important than the fact that his... |
1989 |
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| Anderson E. Bynam |
EIGHT AND FOURTEENTH AMENDMENTS-THE DEATH PENALTY SURVIVES |
78 Journal of Criminal Law and Criminology 1080 (Winter, 1988) |
Since the landmark decision of Furman v. Georgia the Supreme Court has attempted to clarify the requirements for death penalty statutes in order to satisfy the mandates of the eighth and fourteenth amendments to the United States Constitution. The Court has both narrowed the spectrum of death-eligible defendants and given approval to procedures... |
1988 |
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II. THE LIMITS OF RACIAL EQUALITY: THE FOURTEENTH AMENDMENT AND THE CRIMINAL JUSTICE SYSTEM |
101 Harvard Law Review 1479 (May, 1988) |
In 1868, Congress enacted the fourteenth amendment, establishing that a ll persons born or naturalized in the United States . . . are citizens, and prohibiting the states from depriving persons of color the rights guaranteed to all citizens under the United States Constitution. Following its enactment, the Supreme Court interpreted the amendment... |
1988 |
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III. RACIAL DISCRIMINATION ON THE BEAT: EXTENDING THE RACIAL CRITIQUE TO POLICE CONDUCT |
101 Harvard Law Review 1494 (May, 1988) |
The infusion of racial bias into the criminal process is particularly troublesome at the policing stage because it is at that point that citizens first encounter the community's strongest normative commitments. The criminal law, more than any other set of legal prescriptions, expresses the community's deepest convictions as what behavior is... |
1988 |
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| Richard H. Sander |
INDIVIDUAL RIGHTS AND DEMOGRAPHIC REALITIES: THE PROBLEM OF FAIR HOUSING |
82 Northwestern University Law Review 874 (Spring, 1988) |
Forty years ago, in his classic work An American Dilemma, the Swedish scholar Gunnar Myrdal sought to explain the paradox of nearly universal discrimination against blacks in the United Statesa nation generally committed to the highest ideals of democracy, freedom, and opportunity. Myrdal decided that a vicious cycle had arisen in America, in... |
1988 |
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| Stephen L. Carter |
WHEN VICTIMS HAPPEN TO BE BLACK |
97 Yale Law Journal 420 (February, 1988) |
Shortly after a New York jury acquitted Bernhard Goetz of charges that he had attempted murder by rising angrily from his subway bench and shooting down four youths who were, in the polite euphemism of the street, hassling him for money, a syndicated cartoonist was inspired to draw what was intended to be the post-Goetz subway car. The imagery was... |
1988 |
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4. DEATH PENALTY-RACIAL DISCRIMINATION |
101 Harvard Law Review Association 149 (November, 1987) |
Fifteen years ago, in Furman v. Georgia, the Supreme Court invalidated virtually all death penalty statutes then in place on the ground that the death penalty was applied so arbitrarily and freakishly that it violated the eighth amendment's prohibition of cruel and unusual punishment. The Supreme Court's decision in Furman led may observers to... |
1987 |
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| Patricia J. Williams |
ALCHEMICAL NOTES: RECONSTRUCTING IDEALS FROM DECONSTRUCTED RIGHTS |
22 Harvard Civil Rights-Civil Liberties Law Review 401 (Spring, 1987) |
Once upon a time, there was a society of priests who built a Celestial City whose gates were secured by Word-Combination locks. The priests were masters of the Word, and, within the City, ascending levels of power and treasure became accessible to those who could learn ascendingly intricate levels of Word Magic. At the very top level, the priests... |
1987 |
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| Robert A. Burt |
CONSTITUTIONAL LAW AND THE TEACHING OF THE PARABLES |
93 Yale Law Journal 455 (January, 1984) |
No one wholly dominates another in a democracy. This central limiting principle in democratic political conflict does more than prohibit imprisonment or murder of political opponents; it also proscribes the total and permanent defeat of opponents' self-defined ideological or economic interests. This constraint has varied expressions in American... |
1984 |
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| Kenneth L. Karst |
WHY EQUALITY MATTERS |
17 Georgia Law Review 245 (Winter, 1983) |
The ideal of equality is one of the great themes in the culture of American public life. From the Declaration of Independence to the Pledge of Allegiance, the rhetoric of equality permeates our symbols of nationhood. Over and over in our history, from the earliest colonial beginnings, equality has been a rallying cry, a promise, an article of... |
1983 |
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