AuthorTitleCitationSummaryYearKey Terms
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  
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  
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  
René 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  
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