| Author | Title | Citation | Summary | Year | Key Terms |
| 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 |
|
| Pamela J. Smith |
RELIANCE ON THE KINDNESS OF STRANGERS: THE MYTH OF TRANSRACIAL AFFINITY VERSUS THE REALITIES OF TRANSRACIAL EDUCATIONAL PEDISM |
52 Rutgers Law Review 1 (Fall, 1999) |
In this Article, Professor Smith presents the second in a series of articles discussing the educational obstacles facing children generally and, in particular, Black children. Professor Smith begins by exploring and challenging the myth that, since we all care for children, there is no need to be concerned about negative legislative action and... |
1999 |
|
| David Dante Troutt |
SCREWS, KOON, AND ROUTINE ABERRATIONS: THE USE OF FICTIONAL NARRATIVES IN FEDERAL POLICE BRUTALITY PROSECUTIONS |
74 New York University Law Review 18 (April 1, 1999) |
Depite periodic outcries in response to particular outrages, it remains notoriously difficult to prosecute police brutality. In this form-shattering Article, Professor Troutt attributes much of this difficulty to the overwhelming power of the stories mainstream American culture tells about the encounters leading to police violence. In this piece.... |
1999 |
|
| Beverly Moran |
SETTING AN AGENDA FOR THE STUDY OF TAX AND BLACK CULTURE |
21 University of Arkansas at Little Rock Law Review 779 (Summer, 1999) |
This conference commands that we explore how law can achieve racial justice in the twenty-first century. To answer that question we must first ask three questions: 1) What conditions stand in the way of racial justice?; 2) How can law address these barriers?; and 3) How can we shape rules that fit within our shared notions of fairness? We ask these... |
1999 |
|
| Athena D. Mutua |
SHIFTING BOTTOMS AND ROTATING CENTERS: REFLECTIONS ON LATCRIT III AND THE BLACK/WHITE PARADIGM |
53 University of Miami Law Review 1177 (July, 1999) |
This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms and models. Specifically, it asks: What group should be at the center of a given... |
1999 |
|
| Ruth E. Friedman |
STATISTICS AND DEATH: THE CONSPICUOUS ROLE OF RACE BIAS IN THE ADMINISTRATION OF THE DEATH PENALTY |
11 La Raza Law Journal 75 (Spring, 1999) |
Statistics can be very useful things. They are detached, nonpartisan, and eminently quotable. Never damned lies by themselves, statistics are cold calculations not amenable to much debate. It is, of course, what we think the numbers mean that makes all the difference. This short essay looks at a few statistics on race and criminal justice and the... |
1999 |
|
| Ruth E. Friedman |
STATISTICS AND DEATH: THE CONSPICUOUS ROLE OF RACE BIAS IN THE ADMINISTRATION OF THE DEATH PENALTY |
4 African-American Law and Policy Report 75 (Fall, 1999) |
Statistics can be very useful things. They are detached, nonpartisan, and eminently quotable. Never damned lies by themselves, statistics are cold calculations not amenable to much debate. It is, of course, what we think the numbers mean that makes all the difference. This short essay looks at a few statistics on race and criminal justice and the... |
1999 |
|
| Lolita K. Buckner Inniss |
TRICKY MAGIC: BLACKS AS IMMIGRANTS AND THE PARADOX OF FOREIGNNESS |
49 DePaul Law Review 85 (Fall 1999) |
Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the outsider. Many whites could look at the social... |
1999 |
|
| Demetra L. Liggins |
URBAN SURVIVAL SYNDROME: NOVEL CONCEPT OR RECOGNIZED DEFENSE? |
23 American Journal of Trial Advocacy 215 (Summer, 1999) |
The woman who wanted to move into our building was asked if she ever worked late. We weren't being nosy, just trying to let her know that it might not be safe to walk through downtown Washington alone at night. When the woman replied that sometimes she did work late, an older woman on our housing co-op board offered some advice. I always take an... |
1999 |
|
| Kenji Yoshino |
ASSIMILATIONIST BIAS IN EQUAL PROTECTION: THE VISIBILITY PRESUMPTION AND THE CASE OF "DON'T ASK, DON'T TELL" |
108 Yale Law Journal 485 (December, 1998) |
I. Introduction. 487 II. Equal Protection Immutability and Visibility Defined. 493 A. Immutability. 493 B. Visibility. 496 C. Commonalities. 498 III. Equal Protection's Assimilationist Bias. 500 A. The Substantive Defense and Its Shortcomings. 504 B. The Political Process Defense. 506 IV. The Immutability Presumption. 509 A. Evasive Power. 509 B.... |
1998 |
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| |
CARTER CENTER SYMPOSIUM ON THE DEATH PENALTY--JULY 24, 1997 |
14 Georgia State University Law Review 329 (March, 1998) |
We hoped that both President Carter and Mrs. Carter would be with us today, and they had hoped that as well. But previous commitments to attend the Liberian elections as head of an observer delegation were ones that President Carter had to honor, and that's why they're not here. We did ask them before they left to record messages to share with you.... |
1998 |
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| Patricia A. King , Leslie E. Wolf |
EMPOWERING AND PROTECTING PATIENTS: LESSONS FOR PHYSICIAN-ASSISTED SUICIDE FROM THE AFRICAN-AMERICAN EXPERIENCE |
82 Minnesota Law Review 1015 (April, 1998) |
While we were watching round her bed, She turned her eyes and looked away, She saw what we couldn't see; She saw Old Death. She saw Old Death. Coming like a falling star. But Death didn't frighten Sister Caroline; He looked to her like a welcome friend. And she whispered to us: I'm going home, And she smiled and closed her eyes. The increasing... |
1998 |
|
| Susan M. Wolf |
FOREWORD: FACING DEATH |
82 Minnesota Law Review 885 (April, 1998) |
Last term the U.S. Supreme Court finally considered the constitutional status of physician-assisted suicide. Confronted with decisions from the Ninth and Second Circuits finding a constitutional right, the Court granted certiorari in October 1996. That set off an explosion of debate. From the hospital bedside to the legislative hearing room and... |
1998 |
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| Kenneth B. Nunn |
LAW, CULTURE, AND THE MORALITY OF JUDICIAL CHOICE |
28 Cumberland Law Review 581 (1997-1998) |
Professor Carter has presented us with an interesting and provocative talk this afternoon. I think we can all see that he is a very capable historian, one whose stellar academic reputation is very richly deserved. I, for my part, am not a historian, but nonetheless, it seems to me that there are two kinds of history. We can have a living... |
1998 |
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| Dorothy E. Roberts |
SOURCES OF COMMITMENT TO SOCIAL JUSTICE |
4 Roger Williams University Law Review 175 (Fall 1998) |
Several years ago I pinned a cartoon on my wall to remind me of the possibilities and the failures in the quest for social justice. The cartoon depicts a Black mother sitting next to her daughter who is tucked in bed in a dilapidated apartment. The mother reads aloud from a book entitled Fairy Tales: Golly, let's do it!, the President told the... |
1998 |
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| Robert J. Cottrol |
SUBMISSION IS NOT THE ANSWER: LETHAL VIOLENCE, MICROCULTURES OF CRIMINAL VIOLENCE AND THE RIGHT TO SELF-DEFENSE |
69 University of Colorado Law Review 1029 (Fall 1998) |
Professors Zimring and Hawkins have performed an important service. As we close out the twentieth century, it is clear that crime (and more particularly the fear of crime) has become a disturbing and, even worse, a defining feature of contemporary American culture. To an extent that is truly frightening, our politics, popular culture, and even more... |
1998 |
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| Martha Chamallas |
THE ARCHITECTURE OF BIAS: DEEP STRUCTURES IN TORT LAW |
146 University of Pennsylvania Law Review 463 (January, 1998) |
Gender and race have disappeared from the face of tort law. The old doctrines that explicitly limited recovery exclusively to one gender have been either abolished or extended on a gender-neutral basis. Women as well as men may now recover for such claims as loss of spousal consortium and loss of a child's services. The disabilities that prevented... |
1998 |
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| Evan Tsen Lee , Ashutosh Bhagwat |
THE MCCLESKEY PUZZLE: REMEDYING PROSECUTORIAL DISCRIMINATION AGAINST BLACK VICTIMS IN CAPITAL SENTENCING |
1998 Supreme Court Review 145 (1998) |
In this article we analyze possible legislative and judicial alternatives for redressing prosecutorial race discrimination against murder victims. There are both substantive and procedural obstacles to such remedies. The substantive obstacle is the doctrine that requires proof of intentional discrimination to make out a violation of the Equal... |
1998 |
|
| Lynne Marie Kohm ; and Britney N. Brigner |
WOMEN AND ASSISTED SUICIDE: EXPOSING THE GENDER VULNERABILITY TO ACQUIESCENT DEATH |
4 Cardozo Women's Law Journal 241 (1998) |
Most he's helped were female. And therein lies a warning. Assisted suicide poses a particular threat to women. I have decided the quality of life is not worth a dime. . . . I have nothing left to give to anyone anymore. This epitaph was written by 39-year-old Rebecca Badger, an assisted suicide patient aided by Dr. Kevorkian. Before her death,... |
1998 |
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| Kevin L. Hopkins |
A GOSPEL OF LAW |
30 John Marshall Law Review 1039 (Summer 1997) |
Derrick Bell is no stranger to civil rights activists, the Black community and the legal academy. Over the last three decades his involvement and participation in civil rights litigation and his numerous scholarship in the areas of Race and Constitutional Law have placed him in the forefront of Critical Race Theory. In Gospel Choirs: Psalms of... |
1997 |
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| Margaret M. Russell |
BEYOND "SELLOUTS" AND "RACE CARDS": BLACK ATTORNEYS AND THE STRAITJACKET OF LEGAL PRACTICE |
95 Michigan Law Review 766 (February, 1997) |
For attorneys of color, the concept of representing race within the context of everyday legal practice is neither new nor voluntarily learned; at a basic level, it is what we do whenever we enter a courtroom or conference room in the predominantly white legal system of this country. The ineluctable visibility of racial minorities in the legal... |
1997 |
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| Karen L. Ross |
COMBATTING RACISM: WOULD REPEALING TITLE VII BRING EQUALITY TO ALL? |
21 Seton Hall Legislative Journal 141 (1997) |
I. INTRODUCTION. 141 II. AN HISTORICAL OVERVIEW. 144 A. The Social Climate. 144 B. The Legal Issues. 147 III. LEGISLATIVE HISTORY OF THE CIVIL RIGHTS ACT OF 1964. 150 IV. PROPOSALS TO REPEAL TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. 153 A. Richard A. Epstein's Free Market Analysis. 154 B. Derrick E. Bell's Racial Preference Licensing Act. 160 V.... |
1997 |
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| Harry Hutchison |
FROM BUJUMBURA TO MOGADISHU: ETHNIC SOLIDARITY, AFRICAN REALITY, AMERICAN IMPLICATIONS: OUT OF AMERICA: A BLACK MAN CONFRONTS AFRICA, BY KEITH B. RICHBURG. NEW YORK: BASIC BOOKS, 1997. PP. 251. $24.00 (HARDCOVER). |
31 George Washington Journal of International Law and Economics 141 (1997) |
We've got rooms full of people with their heads cut off. Their bodies follow behind. Rooms full of people with packaged thoughts, and reality redesigned. Unrestrained people with guns to accent their constipated sentiment. And vision is fraught with ambiguity in a decapitated society. ------Jan Krist We are often the captives of our pictures of the... |
1997 |
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| Mitchell Keiter |
JUST SAY NO EXCUSE: THE RISE AND FALL OF THE INTOXICATION DEFENSE |
87 Journal of Criminal Law and Criminology 482 (Winter 1997) |
On perhaps no other legal issue have courts so widely differed, or so often changed their views, as that of the legal responsibility of intoxicated offenders. The question contrasts the individual's right to avoid punishment for the unintended consequences of his acts with what then-New Hampshire Supreme Court Justice David Souter described as the... |
1997 |
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| Becky Hoover Herrnstein |
SHANNON FAULKNER AND THE CITADEL: THE EFFECTS OF USING LITIGATION AS AN INSTRUMENT OF SOCIAL REFORM |
5 Circles: Buffalo Women's Journal of Law and Social Policy 4 (1997) |
In the battle against institutionalized gender discrimination, one of the most effective weapons used during the last twenty years has been the test case, whereby the cause of women as a class is advanced through legal actions instituted by individual plaintiffs. This strategy of using lengthy, expensive, high-profile cases to fight discrimination... |
1997 |
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| Douglas E. Litowitz |
SOME CRITICAL THOUGHTS ON CRITICAL RACE THEORY |
72 Notre Dame Law Review 503 (1997) |
Critical Race Theory (CRT) is perhaps the fastest growing and most controversial movement in recent legal scholarship, stirring up debate in much the same manner Critical Legal Studies (CLS) did fifteen or twenty years ago. Although CRT was inspired in part by the failure of CLS to focus sufficiently on racial issues, it remains indebted in style... |
1997 |
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| David B. Wilkins |
STRAIGHTJACKETING PROFESSIONALISM: A COMMENT ON RUSSELL |
95 Michigan Law Review 795 (February, 1997) |
Professor Russell's essay sounds a much needed cautionary note about the public's characterization of Christopher Darden and Johnnie Cochran both during and after the spectacle of O.J. Simpson's criminal trial. Russell cogently argues that Darden and Cochran's choices, as well as those of other black lawyers confronting similar problems, must be... |
1997 |
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| R. Richard Banks |
"NONDISCRIMINATORY" PERPETUATION OF RACIAL SUBORDINATION |
76 Boston University Law Review 669 (October, 1996) |
Colorblindness is currently the fundamental principle of equal protection jurisprudence as it pertains to race. As a constitutional principle, colorblindness mandates that the state not allocate burdens or benefits on the basis of race. I contend that both the legal and political arguments for a colorblind state turn in part on its perceived... |
1996 |
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| Glenn C. Loury |
INDIVIDUALISM BEFORE MULTICULTURALISM |
19 Harvard Journal of Law & Public Policy 723 (Spring, 1996) |
Since the Founding, America has struggled to incorporate the descendants of African slaves into an estate of equal citizenship. This process, though well advanced, remains incomplete. How shall we make further progress? To answer this question, we must first decide who we are. Who we are sometimes depends on who is talking and to whom. In our... |
1996 |
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| Barbara Holden-Smith |
LYNCHING, FEDERALISM, AND THE INTERSECTION OF RACE AND GENDER IN THE PROGRESSIVE ERA |
8 Yale Journal of Law & Feminism 31 (1996) |
In 1904, a lynch mob of more than 1000 white people burned Luther Holbert, a black Mississippi sharecropper, and his wife to death. A Vicksburg, Mississippi newspaper gave the following eye-witness account of the lynching: [T]he two Negroes were tied to trees and while the funeral pyres were being prepared, they were forced to hold out their... |
1996 |
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| Cynthia Kwei Yung Lee |
RACE AND SELF-DEFENSE: TOWARD A NORMATIVE CONCEPTION OF REASONABLENESS |
81 Minnesota Law Review 367 (December, 1996) |
Introduction. 368 I. The Law of Self-Defense. 377 A. Traditional Self-Defense Doctrine. 377 1. The Objective-Subjective Debate. 381 B. Attempts to Improve Traditional Self-Defense Doctrine. 391 1. The Model Penal Code Approach to Self-Defense. 391 2. Imperfect Self-Defense Doctrine. 395 II. Race And Reasonableness. 398 A. The Black-as-Criminal... |
1996 |
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