AuthorTitleCitationSummaryYearKey Terms
Kimani Paul-Emile PATIENTS' RACIAL PREFERENCES AND THE MEDICAL CULTURE OF ACCOMMODATION 60 UCLA Law Review 462 (December, 2012) One of medicine's open secrets is that patients routinely refuse or demand medical treatment based on the assigned physician's racial identity, and hospitals typically yield to patients' racial preferences. This widely practiced, if rarely acknowledged, phenomenon--about which there is new empirical evidence--poses a fundamental dilemma for law,... 2012  
David Gan-Wing Cheng THE MCCLESKEY COURT, JURY DISCRETION, AND THE DEATH PENALTY: WHAT IS A BLACK LIFE WORTH? 6 Southern Region Black Law Students Association Law Journal 109 (Spring 2012) We all agree that babies are adorable and precious. Most people would find a soft spot in their hearts when they hear the giggle of an infant or take note of its delicate little fingers and toes. Inherently these sentiments would be shared by the infamous reasonable man, who is a legal fiction, created to personify prevailing social attitudes and... 2012  
Angela Onwuachi-Willig , Mario L. Barnes THE OBAMA EFFECT: UNDERSTANDING EMERGING MEANINGS OF "OBAMA" IN ANTI-DISCRIMINATION LAW 87 Indiana Law Journal 325 (Winter, 2012) The election of Barack Obama to the U.S. presidency on November 4, 2008, prompted many declarations from journalists and commentators about the arrival of a post-racial society, a society in which race is no longer meaningful. For many, the fact that a self-identified black man had obtained the most prominent, powerful, and prestigious job in the... 2012  
Jeremiah Chin WHAT A LOAD OF HOPE: THE POST-RACIAL MIXTAPE 48 California Western Law Review 369 (Spring 2012) I get down for my grandfather who took my momma Made her sit in that seat where white folks ain't want us to eat At the tender age of six she was arrested for the sit-ins With that in my blood I was born to be different That's why I hear new music and I just don't be feeling itRacism's still alive they just be concealing it. As a hip-hop producer,... 2012  
Professor Vernellia R. Randall INEQUALITY IS KILLING US! WHAT PRESIDENT OBAMA MUST DO TO SAVE BLACK LIVES 18-DEC NBA National Bar Association Magazine 20 (August-December, 2011) Inequality is killing us! Blacks are sicker than white Americans; they are dying at a significantly higher percentage. These are undeniable facts. Black men live on average 6 years less than white men. Black men have shorter life spans than men in Chile, Barbados, Bahamas or Jamaica. Black women live on average years 4 less than white women. Black... 2011 Most Relevant
Professor Vernellia R. Randall INEQUALITY IS KILLING US! WHAT PRESIDENT OBAMA MUST DO TO SAVE BLACK LIVES 18-DEC NBA National Bar Association Magazine 20 (August-December, 2011) Inequality is killing us! Blacks are sicker than white Americans; they are dying at a significantly higher percentage. These are undeniable facts. Black men live on average 6 years less than white men. Black men have shorter life spans than men in Chile, Barbados, Bahamas or Jamaica. Black women live on average years 4 less than white women. Black... 2011 Most Relevant
Ann E. Tweedy "[H]OSTILE INDIAN TRIBES . OUTLAWS, WOLVES . BEARS . GRIZZLIES AND THINGS LIKE THAT?" HOW THE SECOND AMENDMENT AND SUPREME COURT PRECEDENT TARGET TRIBAL SELF-DEFENSE 4 the crit: a Critical Studies Journal 1 (2011) This article examines the history of self-defense in America, including the right to bear arms, as related to Indian tribes, in order to shed light on how the construction of history affects tribes today. As shown below, Indians are the original caricatured savage enemy that white Americans believed they needed militias and arms to defend... 2011  
Ann E. Tweedy "HOSTILE INDIAN TRIBES . . . OUTLAWS, WOLVES, . . . BEARS . . . GRIZZLIES AND THINGS LIKE THAT?" HOW THE SECOND AMENDMENT AND SUPREME COURT PRECEDENT TARGET TRIBAL SELF-DEFENSE 13 University of Pennsylvania Journal of Constitutional Law 687 (March, 2011) I. Introduction. 690 A. Definitions of Self-Defense . 692 B. The Second Amendment. 692 C. The Justices' Perceptions of Tribes in District of Columbia v. Heller. 694 D. Erasure of Tribes in McDonald v. City of Chicago. 696 II. The Mythology of the Colonists' Need for Self-Defense. 697 A. The Colonial Concept of Self-Defense Related Directly to... 2011  
Rayvon Fouché , Sharra Vostral "SELLING" WOMEN: LILLIAN GILBRETH, GENDER TRANSLATION, AND INTELLECTUAL PROPERTY 19 American University Journal of Gender, Social Policy and the Law 825 (2011) I. Introduction. 825 II. Women's Bodies, Vernacular Knowledge, and Intellectual Property. 831 III. The Gilbreth Report: Extracting, Commodifying, and Packaging. 835 IV. Gender Translation. 844 2011  
Benjamin C. Zipursky LEGAL POSITIVISM AND THE GOOD LAWYER: A COMMENTARY ON W. BRADLEY WENDEL'S LAWYERS AND FIDELITY TO LAW 24 Georgetown Journal of Legal Ethics 1165 (Fall, 2011) W. Bradley Wendel's new book, Lawyers and Fidelity to Law, is a remarkable achievement for any number of reasons: It offers a defense of the standard conception of legal ethics that is at once novel and traditional; it generates a general normative account while attending with remarkable subtlety to context; it embraces client loyalty more... 2011  
Justin Driver RETHINKING THE INTEREST-CONVERGENCE THESIS 105 Northwestern University Law Review 149 (Winter 2011) Introduction. 149 I. Examining the Interest-Convergence Thesis. 157 A. Before the Interest-Convergence Thesis. 158 B. The Interest-Convergence Thesis. 160 C. Contemporary Views of the Interest-Convergence Thesis. 163 II. Analytical Flaws of the Interest-Convergence Thesis. 164 A. Interrogating the Composition of Racial Interests. 165 B. Consistency... 2011  
Jarrod D. Reece REVISITING CLASS-BASED AFFIRMATIVE ACTION IN GOVERNMENT CONTRACTING 88 Washington University Law Review 1309 (2011) Unlike a private buyer, the government is interested, as the sovereign, in achieving a wide variety of social and economic goals. Indeed, government contracting has been a means of effectuating socioeconomic policy in the United States for nearly half of a century. But these sorts of programs, particularly those that classify based on race, are... 2011  
Tommy J. Curry SHUT YOUR MOUTH WHEN YOU'RE TALKING TO ME: SILENCING THE IDEALIST SCHOOL OF CRITICAL RACE THEORY THROUGH A CULTURALOGICAL TURN IN JURISPRUDENCE 3 Georgetown Journal of Law & Modern Critical Race Perspectives 1 (Spring, 2011) No intellectual historian can deny the impact of Critical Race Theory (CRT) on the discourse of race and racism in the later part of the 20 century. Critical Race Theory began in the late 1960s, in the aftermath of the civil rights movement, with a series of writings by Derrick Bell. These writings focused specifically on the arrest of civil rights... 2011  
Robert A. Garda, Jr. THE WHITE INTEREST IN SCHOOL INTEGRATION 63 Florida Law Review 599 (May, 2011) Discussions concerning desegregation, affirmative action, and voluntary integration focus primarily, if not exclusively, on whether such policies harm or benefit minorities. Scant attention is paid to the benefits whites receive in multiracial schools, despite white interests underpinning more than thirty years of Supreme Court integration... 2011  
Annette R. Appell CONTROLLING FOR KIN: GHOSTS IN THE POSTMODERN FAMILY 25 Wisconsin Journal of Law, Gender & Society 73 (Spring, 2010) Amid the many transformations that have reshaped the study of kinship over time, the question of the significance of biological facts has remained a persistent quagmire - as easy to fall into as it is difficult to leave behind. Abstract. 74 Introduction. 74 I. Bionormative Regulation of Families and the Production of Liberty. 79 A. The... 2010  
James F. Shekleton STRANGERS AT THE GATE: ACADEMIC AUTONOMY, CIVIL RIGHTS, CIVIL LIBERTIES, AND UNFINISHED TASKS 36 Journal of College and University Law 875 (2010) I. L2-3,T3Constitutional Litigation Brings Government Regulation onto Campus 880. II. L2-3,T3Advocacy Gives Rise to Pervasive Regulation 887. III. L2-3,T3Political Reaction 899. IV. L2-3,T3Unfinished Tasks 907. A. Separate lives. 917 B. Higher Education as an Extra-Constitutional Mechanism to Remedy Disparities. 931 V. L2-3,T3Conclusion 942. 2010  
Alycee Lane "HANG THEM IF THEY HAVE TO BE HUNG": MITIGATION DISCOURSE, BLACK FAMILIES, AND RACIAL STEREOTYPES 12 New Criminal Law Review 171 (Spring, 2009) This article examines how mitigation discourse fails to address the racial implications of presenting to white jurors a narrative of a black capital defendant's dysfunctional family life. Given the plethora of racist configurations in the public sphere of the black family--signified most perniciously through the figure of the welfare queen--the... 2009  
Ralph Richard Banks BEYOND COLORBLINDNESS: NEO-RACIALISM AND THE FUTURE OF RACE AND LAW SCHOLARSHIP 25 Harvard BlackLetter Law Journal 41 (Spring 2009) Anniversaries are a time to reflect, to reexamine the present and look toward the future by taking account of the past. The 25th anniversary of the Harvard BlackLetter Law Journal is a momentous occasion. Generations of law students have worked, often late into the night, to produce a quality journal of race and law scholarship. Although in its... 2009  
Mary L. Heen ENDING JIM CROW LIFE INSURANCE RATES 4 Northwestern Journal of Law & Social Policy 360 (Fall, 2009) How people count and measure embodies certain assumptions about the thing they are counting; this was true in the nineteenth century, and it is equally true today. [E]ver since the 1880's, Negroes have been subject to differential treatment by white insurance companies in that some of them, at that time, started to apply higher premium schedules... 2009  
Michael Kogut MAKING THE CASE: DID THE GOVERNMENT'S RESPONSE TO HURRICANE KATRINA VIOLATE THE EQUAL PROTECTION CLAUSE? 11 Scholar: St. Mary's Law Review on Minority Issues 127 (Winter 2009) Abstract. 127 I. The City and Residents of New Orleans. 130 II. FEMA and FEMA's Response to Hurricane Katrina. 134 III. The Supreme Court's Interpretation of the Equal Protection Clause. 139 A. Discriminatory Application. 141 IV. The Government's Response under the Equal Protection Clause. 142 A. Disparate Impact. 143 B. The Intent Requirement. 146... 2009  
Mario L. Barnes REFLECTION ON A DREAM WORLD: RACE, POST-RACE AND THE QUESTION OF MAKING IT OVER 11 Berkeley Journal of African-American Law & Policy 6 (2009) We Dream A World A world I dream where black or white, Whatever race you be, Will share the bounties of the earth And every man is free Fifteen years ago, as a third-year law student, I published my book note in the inaugural issue of the African-American Law and Policy Report (ALPR). The note was inspired both by the book reviewed--Derrick Bell's,... 2009  
Adrien Katherine Wing SPACE TRADERS FOR THE TWENTY-FIRST CENTURY 11 Berkeley Journal of African-American Law & Policy 49 (2009) In this year celebrating the twentieth anniversary of the Critical Race Theory (CRT) workshop, it is imperative to revisit CRT founder and New York University Law Professor Derrick Bell's The Space Traders, one of the major pieces in the CRT corpus. Part I of this essay will provide historical background about Critical Race Theory and Professor... 2009  
Elizabeth Bartholet THE RACIAL DISPROPORTIONALITY MOVEMENT IN CHILD WELFARE: FALSE FACTS AND DANGEROUS DIRECTIONS 51 Arizona Law Review 871 (Winter 2009) A powerful coalition has made Racial Disproportionality the central issue in child welfare today. It notes that black children represent a larger percentage of the foster care population than they do of the general population. It claims this is caused by racial discrimination and calls for reducing the number of black children removed to foster... 2009  
Anders Walker THE VIOLENT BEAR IT AWAY: EMMETT TILL AND THE MODERNIZATION OF LAW ENFORCEMENT IN MISSISSIPPI 46 San Diego Law Review 459 (May/June 2009) I. Introduction. 460 II. Lessons from the Past. 464 III. Resisting Nullification . 468 IV. M is for Mississippi and Murder. 473 V. Centralizing Law Enforcement. 479 VI. Recruiting Black Informants. 485 VII. Mack Charles Parker. 492 VIII. Shaved Head and Moonshine. 496 IX. Conclusion. 502 They tortured him and did some evil things too evil to... 2009  
Robert G. Schwemm COX, HALPRIN, AND DISCRIMINATORY MUNICIPAL SERVICES UNDER THE FAIR HOUSING ACT 41 Indiana Law Review 717 (2008) When the Federal Fair Housing Act (FHA) was passed forty years ago, its proponents saw it as a way of breaking the bonds of race-based ghettos and, with them, the limits on blacks' access to equal opportunity in education, suburban jobs, and all other aspects of the American dream. The goal of the FHA was not merely to end housing discrimination... 2008  
Maxine Burkett MUCH ADO ABOUT . . . SOMETHING ELSE: D.C. V. HELLER, THE RACIALIZED MYTHOLOGY OF THE SECOND AMENDMENT, AND GUN POLICY REFORM 12 Journal of Gender, Race and Justice 57 (Fall 2008) In late 2007, the National Rifle Association and the Brady Campaign to Prevent Gun Violence shared a rare moment of agreement. The U.S. Supreme Court's grant of certiorari in District of Columbia v. Heller, both organizations declared, brought before the Court the most important Second Amendment case in history. For the first time since its 1939... 2008  
Shani M. King RACE, IDENTITY, AND PROFESSIONAL RESPONSIBILITY: WHY LEGAL SERVICES ORGANIZATIONS NEED AFRICAN AMERICAN STAFF ATTORNEYS 18 Cornell Journal of Law & Public Policy 1 (Fall 2008) Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black... 2008  
Maxine Goodman A DEATH PENALTY WAKE-UP CALL: REDUCING THE RISK OF RACIAL DISCRIMINATION IN CAPITAL PUNISHMENT 12 Berkeley Journal of Criminal Law 29 (Spring 2007) In Ernest Gaines's novel A Lesson Before Dying, Gaines tells the story of Jefferson, a young African-American man convicted of murdering a white grocery store owner in a small Louisiana town in the late 1940s. The public defender, trying to arouse sympathy for the defendant, refers to Jefferson as a dumb animal--a hog. The lawyer implores the... 2007  
Pamela Brandwein A JUDICIAL ABANDONMENT OF BLACKS? RETHINKING THE "STATE ACTION" CASES OF THE WAITE COURT 41 Law and Society Review 343 (June, 2007) This article reconsiders the conventional wisdom that the Supreme Court definitively abandoned the freedmen to their former masters through the state action decisions of the 1870s and 1880s. Arguing that anachronisms distort our understanding of this critical period, I offer an historical institutional analysis of state action doctrine by... 2007  
Dora W. Klein CATEGORICAL EXCLUSIONS FROM CAPITAL PUNISHMENT: HOW MANY WRONGS MAKE A RIGHT? 72 Brooklyn Law Review 1211 (Summer, 2007) Plenty is wrong with capital punishment. Even for people who support the death penalty in principle, many reasons exist to oppose the actual, real-world operation of this punishment. One well-noted problem is that defendants who are poor, or black, or whose victims were white, are disproportionately likely to be sentenced to death. Additionally,... 2007  
Philip C. Aka CORPORATE GOVERNANCE IN SOUTH AFRICA: ANALYZING THE DYNAMICS OF CORPORATE GOVERNANCE REFORMS IN THE "RAINBOW NATION" 33 North Carolina Journal of International Law and Commercial Regulation 219 (Winter 2007) I. Introduction and Argument. 220 II. Refresher on the Rainbow Nation . 227 III. Nature and Character of the Law of Corporate Governance in South Africa. 237 A. Defining Corporate Governance. 237 B. Legal Framework Relating to the Law of Corporate Governance in South Africa. 239 C. Features of the Law of Corporate Governance in South Africa. 242... 2007  
Howard F. Chang CULTURAL COMMUNITIES IN A GLOBAL LABOR MARKET: IMMIGRATION RESTRICTIONS AS RESIDENTIAL SEGREGATION 2007 University of Chicago Legal Forum 93 (2007) When economists speak of a globalizing world, they have in mind first and foremost the dramatic moves we have made toward a global common market; that is, our evolution toward a world economy integrated across national boundaries. Our progress in this direction has been especially dramatic in the liberalization of international trade in goods.... 2007  
Jennifer B. Wriggins DAMAGES IN TORT LITIGATION: THOUGHTS ON RACE AND REMEDIES, 1865-2007 27 Review of Litigation § 2:18 37 (Fall 2007) I. Introduction. 37 II. Race, Remedies, and Recognition. 39 III. 1865-1950, Damage Remedies: A Preliminary Picture. 43 A. The Whiteness of the Civil Justice System. 43 B. Access to Tort Remedies--Legal Representation. 44 C. Access to Tort Remedies--Money Damages. 47 1. Pre-Trial Settlement. 48 2. Victories at Trial, and Race-Based Remittitur. 49 3.... 2007  
Theresa A. Martinez IMAGES OF THE "SOCIALLY DISINHERITED": INNER-CITY YOUTH IN RAP MUSIC 10 Journal of Law and Family Studies 111 (2007) While mainstream American media consistently portray urban youth of color from a stereotypical, deficit-based, and deleterious standpoint, these images run in startling contrast to portrayals in rap music. Rap music artists, instead, consistently document the neglect and abandonment of youth of color in America's devastated inner-city landscapes.... 2007  
Phyllis Goldfarb PEDAGOGY OF THE SUPPRESSED: A CLASS ON RACE AND THE DEATH PENALTY 31 New York University Review of Law and Social Change 547 (2007) A generation ago, Duncan Kennedy examined the myriad structures through which American law schools train students to take up elite roles in society. Within these structures, leftist analyses of social and political dynamics play a marginal role. Nearly a quarter century after the publication of Legal Education and the Reproduction of Hierarchy, the... 2007  
Monica Bell THE OBLIGATION THESIS: UNDERSTANDING THE PERSISTENT "BLACK VOICE" IN MODERN LEGAL SCHOLARSHIP 68 University of Pittsburgh Law Review 643 (Spring, 2007) This Article revisits the debate over minority voice scholarship, particularly African-American scholarship, that raged in the late 1980s and early 1990s with the advent of critical race theory (CRT). Many critical race theorists elevated the voices of minority scholars, arguing that scholarship in the minority voice should be accorded greater... 2007  
John A. Powell THE RACE AND CLASS NEXUS: AN INTERSECTIONAL PERSPECTIVE 25 Law & Inequality: A Journal of Theory and Practice 355 (Summer 2007) In his groundbreaking 1903 treatise, The Souls of Black Folk, W.E.B. Du Bois wrote, the problem of the twentieth century is the problem of the color-line. A century later, and a generation removed from the struggles of the Civil Rights era, many now suggest that class, not race, is the greatest cleavage in American society. They maintain that any... 2007  
  JUDGING THE PROSECUTION: WHY ABOLISHING PEREMPTORY CHALLENGES LIMITS THE DANGERS OF PROSECUTORIAL DISCRETION 119 Harvard Law Review 2121 (May, 2006) The legitimacy of a criminal justice system is inextricably tied to its role in the prevailing order of race relations. Measured by this yardstick, the American criminal justice system is in crisis. This crisis is one not of administration but of the integrity of a system that continues to systematically exclude racial minorities from its... 2006  
Steven F. Lawson PRELUDE TO THE VOTING RIGHTS ACT: THE SUFFRAGE CRUSADE, 1962-1965 57 South Carolina Law Review 889 (Summer 2006) The master civil rights narrative with which most of us are familiar recounts the lone leader, Dr. Martin Luther King, Jr., directing a series of great events that resulted in the Second Great Emancipation. From the mid-1950s to the mid-1960s, newspaper headlines and television broadcasts followed Dr. King and his desegregation campaigns through... 2006  
Royal Dumas THE MUDDLED METTLE OF JURISPRUDENCE: RACE AND PROCEDURE IN ALABAMA's APPELLATE COURTS, 1901-1930 58 Alabama Law Review 417 (2006) The South at the turn of the twentieth century was a world where substance hid beneath coded social practices. Ralph Ellison highlighted this in his novel Invisible Man when the dying patriarch and black man implored his family to [l]ive with your head in the lion's mouth [and] to overcome em with yeses, undermine 'em with grins, agree 'em to... 2006  
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  
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