AuthorTitleCitationSummaryYearKey Terms
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  
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  
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