AuthorTitleCitationSummaryYear
Paul Finkelman Original Intent and the Fourteenth Amendment: into the Black Hole of Constitutional Law 89 Chicago-Kent Law Review 1019 (2014) The legal history of the Fourteenth Amendment is something of a constitutional black hole. Scholars are drawn to this galactic force of constitutional law, pulled into the virtually endless debates over its meaning and the original intent of its framers. This seemingly irresistible force of (constitutional) nature lured Bill Nelson into writing his... 2014
LeRoy Pernell , Dean and Professor of Law, Florida A&M University Protecting the Law School Gateway for African Americans 19-WTR NBA National Bar Association Magazine 22 (Fall/Winter 2013-2014) As we conclude the 13th year of the 21st century, the status of African Americans as part of the legal profession has changed little. As of 2010, only 4.3% of the attorneys in this country were African American. The number of African Americans seeking access to the profession by way of application to ABA approved law schools as of the Fall of 2012... 2014
Amanda Tillotson Race, Risk and Real Estate: the Federal Housing Administration and Black Homeownership in the Post World War Ii Home Ownership State 8 DePaul Journal for Social Justice 25 (Winter 2014) The existence of a property-owning majority in the United States was the result of federal institutional intervention in the period after World War II. This intervention both reduced the risks assumed by mortgage lenders and changed the terms on which mortgages were offered. By underwriting mortgages issued by lending institutions, the Federal... 2014
Aurora E. Bewicke Realizing the Right to Reparations for Girl Soldiers: a Child-sensitive and Gendered Approach 26 Columbia Journal of Gender and Law 182 (2014) The 2012 guilty verdict issued by the International Criminal Court (ICC) in the Thomas Lubanga Dyilo case has brought significant attention to the issue of child soldiering. Yet, despite global attempts to criminalize child soldier recruitment, armed groups' willingness to capitalize on children's inherent vulnerabilities and the proliferation of... 2014
Carlton Waterhouse , Professor of Law, Indiana University Redress for Jim Crow Injustices 19-WTR NBA National Bar Association Magazine 26 (Fall/Winter 2013-2014) With the election of Barack Obama as the nation's first Black President, many have declared victory in the struggle for racial justice, yet this article maintains that the extensive private and governmental abuses of African Americans during the Jim Crow Era warrant a formal apology and redress for its victims. These far reaching and routine... 2014
Kristina M. Campbell Rising Arizona: the Legacy of the Jim Crow Southwest on Immigration Law and Policy after 100 Years of Statehood 24 Berkeley La Raza Law Journal L.J. 1 (2014) United States immigration law and policy is one the most controversial issues of our day, and perhaps no location has come under more scrutiny for the way it has attempted to deal with the problem of undocumented immigration than the State of Arizona. Though Arizona recently became notorious for its papers please law, SB 1070, the American... 2014
F. Michael Higginbotham Saving the Dream for All 31 No. 6 GPSolo 18 (November/December, 2014) President Theodore Roosevelt once said: The credit belongs to the man who is actually in the arena . [rather than to] those cold and timid souls who neither know victory nor defeat. Those willing to examine issues of race deserve credit for their willingness to enter this most divisive of arenas. Too often today, many refuse to discuss racial... 2014
Philip C. Aka Shaping Their Better Character: Religion in African American Politics in the Age of Obama 16 Rutgers Journal of Law & Religion 1 (Fall, 2014) L1-3Table of Contents I. Introduction and Purpose of Study. 3 II. Is President Obama Black?. 6 III. Which Blacks are African Americans?. 10 IV. Historical Backdrop on Religion in African American Politics. 17 V. Religion in African American Life. 22 A. Diversification Away from Christianity. 23 B. Manifestations of Religion in African American... 2014
Teresa M. Bruce Terrorism du Jour 21 UCLA Women's Law Journal 1 (Spring, 2014) I have tried to imagine my father as a little boy, playing on the typewriter in Bernice Worden's Plainfield, Wisconsin hardware store. He could probably smell motor oil and leather gloves, the musty pages of books stored too long on shelves, and the earthy dust that would have permeated a small-town family business in the days before big-box... 2014
Amos N. Jones The "Old" Black Corporate Bar: Durham's Wall Street, 1898-1971 92 North Carolina Law Review 1831 (September, 2014) Over the last twenty years, eminent scholars such as David Wilkins have paid considerable attention to the new black corporate bar as a phenomenon worthy of treatment. This Article builds on that work by introducing a fascinating law-practice reality that developed in a unique setting in the early 1900s American South. What if Wall Street had... 2014
Kareem U. Crayton The Art of Racial Dissent: African American Political Discourse in the Age of Obama 89 Chicago-Kent Law Review 689 (2014) When one refers to the art of dissent as it is often practiced in the judicial process, the point of the enterprise is to frame an alternative position that counters or competes with the majority's controlling viewpoint. The dissenter on a multi-member court is the one who registers disagreement with a decision taken by his colleagues, offering an... 2014
Eleanor Marie Lawrence Brown The Blacks Who "Got Their Forty Acres": a Theory of Black West Indian Migrant Asset Acquisition 89 New York University Law Review 27 (April, 2014) The impediments to property acquisition and market success among African Americans are a significant area of inquiry in legal scholarship. The prevailing narrative on the historical relationship between Blacks and property is overwhelmingly focused on loss. However, in the political science, economics, and sociology literatures there is a... 2014
Jeffrey Standen The Demise of the African American Baseball Player 18 Lewis & Clark Law Review 421 (2014) Recently alarms were raised in the sports world over the revelation that baseball player agent Scott Boras and other American investors were providing large loans to young baseball players in the Dominican Republic. Although this practice does not violate any restrictions imposed by Major League Baseball or the MLB Players Association, many... 2014
M. Isabel Medina The Missing and Misplaced History in Shelby County, Alabama V. Holder - Through the Lens of the Louisiana Experience with Jim Crow and Voting Rights in the 1890s 33 Mississippi College Law Review 201 (2014) The modern Supreme Court adheres to the principle of facial neutrality and the significance of facial neutrality to equality norms in the context of race. The Louisiana Constitutional Convention of 1898, which restricted the franchise in a number of race neutral ways and introduced the Grandfather Clause, exempting any males entitled to vote on... 2014
Anders Walker The New Jim Crow? Recovering the Progressive Origins of Mass Incarceration 41 Hastings Constitutional Law Quarterly 845 (Summer 2014) Few issues of racial injustice eclipse the mass incarceration of African Americans in the United States. According to the Pew Center on the States, one in nine black males between the ages of twenty and thirty-four is behind bars--a staggering number that has prompted scholars to draw comparisons between black imprisonment today and the legal... 2014
Roberto Concepción, Jr. The Untapped Potential of the Fair Housing Act in Addressing Aggressive Enforcement of "Walking While Black or Brown" 17 University of Pennsylvania Journal of Law and Social Change 383 (2014) What may arouse hostility is not the fact of aggressive patrol but its indiscriminate use so that it comes to be regarded not as crime control but as a new method of racial harassment. Kerner Commission Report (1968) INTRODUCTION Imagine being sent to the corner store by your mother to buy ketchup for a dinner of chicken and French fries. On your... 2014
Stephanie Smith Ledesma, MA, JD, CWLS The Vanishing of the African-american Family: "Reasonable Efforts" and its Connection to the Disproportionality of the Child Welfare System 9 Charleston Law Review 29 (Fall 2014) I. INTRODUCTION. 30 II. THE PROBLEM. 34 A. Racial and Ethnic Disproportionality: The Vanishing of African-American Families. 34 B. We Should Be Concerned with the Disproportionality of African-American Children in the Child Welfare System Because the United States Supreme Court Says Biological Parents Have a Fundamental Right to Raise Their... 2014
John G. Browning , Chief Justice Carolyn Wright Unsung Heroes 77 Texas Bar Journal 960 (December, 2014) This year marked the 60th anniversary of the U.S. Supreme Court's decision in Brown v. Board of Education and the 50th anniversary of the Civil Rights Act. Yet even as such milestones are celebrated, it is all too easy to overlook the earliest pioneers in the struggle for civil rights, including African-American lawyers in Texas who were taking on... 2014
Andrea L. Dennis A Snitch in Time: an Historical Sketch of Black Informing During Slavery 97 Marquette Law Review 279 (Winter, 2013) Although potentially offering the benefits of crime control and sentence reduction, some Blacks are convinced that cooperation with criminal investigations and prosecutions should be avoided. One factor contributing to this perspective is America's reliance on Black informants to police and socially control Blacks during slavery, the Civil Rights... 2013
Anthony Hall A Stand for Justice--examining Why Stand Your Ground Laws Negatively Impact African Americans 7 Southern Region Black Law Students Association Law Journal 95 (Spring 2013) The time is 7:40 p.m. just twenty minutes after a seventeen-year-old African-American teen was killed by a Hispanic neighborhood watch captain for alleged suspicious activity. The seventeen-year-old teen is Trayvon Martin, and his killer is George Zimmerman. According to Zimmerman, Trayvon looked suspicious. It was a mild, rainy February night,... 2013
Harry G. Hutchison Achieving Our Future in the Age of Obama?: Lochner, Progressive Constitutionalism, and African-american Progress 16 Journal of Gender, Race and Justice 483 (Spring 2013) On one account, the Supreme Court's decision in the 1938 case, United States v. Carolene Products, created new constitutional space for discrete and insular minorities as an exemplary, even revolutionary, achievement of the New Deal Court. This case represented a new judicial acquiescence in the will of Congress. By extension, Carolene Products'... 2013
Alfred L. Brophy African American Student Enrollment and Law School Ranking 27 Journal of Civil Rights & Economic Development 15 (Fall, 2013) The director of data research for the U.S. News law school rankings, Robert Morse, has initiated discussion about how - if at all - racial diversity should be included in the U.S. News rankings. This essay explores the relationship between African American student enrollment and U.S. News peer assessment scores of law schools. It explores this... 2013
Ralph Richard Banks Are African Americans Us? 93 Boston University Law Review 681 (May, 2013) Hanna Rosin's book, The End of Men, is a provocative and, at times, insightful examination of the changing economic positions of men and women. A journalist by training, Rosin skillfully weaves individuals' stories into a broader exploration of social and economic transformation. The core of the story is not that men are ending, of course, but that... 2013
Kristine Schanbacher Behind the Veil of the War on Drugs: an Institutional Attack on the African American Community 16 Scholar: St. Mary's Law Review on Race and Social Justice 103 (2013) I. Media Portrayal. 106 II. Unchecked Police Discretion. 108 III. Unchecked Prosecutorial Discretion. 113 IV. Harsh Sentencing Policies. 117 A. Sentencing Disparity Between Crack Cocaine and Powder Cocaine. 117 B. School Zone Drug Laws. 119 C. Prior Offense Sentencing Policies. 120 V. Conclusion. 121 2013
Sonia M. Gipson Rankin Black Kinship Circles in the 21 Century: Survey of Recent Child Welfare Reforms and How it Impacts Black Kinship Care Families 12 Whittier Journal of Child and Family Advocacy 1 (Spring, 2013) The Black American community has been celebrated for the historical success of kinship care. Children not living with biological parents are enveloped by relatives, friends, and community members in order to create a resilient people often reared in the harshest of American socio-economic conditions. Our federal government, states, and communities... 2013
Melissa Murray Black Marriage, White People, Red Herrings 111 Michigan Law Review 977 (April, 2013) Is Marriage for White People? How the African American Marriage Decline Affects Everyone. By Ralph Richard Banks. New York: Dutton. 2011. Pp. 189. Cloth, $25.95; paper, $16. A staple of mystery novels, the red herring is a clue that misleads or diverts attention away from the actual issue. For example, in Agatha Christie's The Mysterious Affair at... 2013
Patricia A. Broussard Black Women's Post-slavery Silence Syndrome: a Twenty-first Century Remnant of Slavery, Jim Crow, and Systemic Racism--who Will Tell Her Stories? 16 Journal of Gender, Race and Justice 373 (Spring 2013) One hot summer's day in the late 1950s, a young mother put her three young children down for a nap. She also bathed and prepared four of her sister's children for naptime. This young woman had volunteered to care for her nephew and nieces while their mother, her younger sister, was in the hospital delivering her fifth child. A short while after... 2013
Edna Wells Handy Blacks, the Bar Exam and Lean Six Sigma 85-SEP New York State Bar Journal 36 (September, 2013) How could this be? is a question I've been asking myself a lot lately. How could it be that after 30-plus years in the profession, I am still one of the few minorities and almost always the only African-American female at so-called power breakfasts, executive briefings, bar association committees, or some such other professional or alumni... 2013
Andre L. Smith Boycotts, Black Nationalism, and Asymmetrical Market Failures Relating to Race 56 Howard Law Journal 891 (Spring 2013) INTRODUCTION. 892 I. BLACK NATIONALISM?. 893 II. BLACK NATIONALISM AND PUBLIC CHOICE THEORY. 897 III. BLACK BOYCOTT ORGANIZATION. 902 IV. CHOOSING WISELY: ASYMMETRICAL MARKET FAILURES AND INTEREST DIVERGENCE. 906 CONCLUSION. 915 2013
Teresa A. Miller Bright Lines, Black Bodies: the Florence Strip Search Case and its Dire Repercussions 46 Akron Law Review 433 (2013) I. A Short History of Search and Seizure Law. 438 A. Fourth Amendment Search Doctrine and Its Origins. 438 B. Fourth Amendment Application to Arrestees and Detainees. 441 II. The Decision in Florence v. the Board of Chosen Freeholders. 444 III. The Important Cases in Florence. 451 A. Bell v. Wolfish. 451 B. Hudson v. Palmer. 454 C. Turner v.... 2013
D. Wendy Greene Categorically Black, White, or Wrong: "Misperception Discrimination" and the State of Title Vii Protection 47 University of Michigan Journal of Law Reform 87 (Fall 2013) This Article exposes an inconspicuous, categorically wrong movement within antidiscrimination law. A band of federal courts have denied Title VII protection to individuals who allege categorical discrimination: invidious, differential treatment on the basis of race, religion, color, national origin, or sex. Per these courts, a plaintiff who... 2013
Nicole D. Stringfellow Changing the Costs: a Rational Choice Perspective on African Americans' Healthcare Consumption Decisions 34 Journal of Legal Medicine 413 (October-December, 2013) One of the central assumptions in economic theory is that decision makers are rationally self-interested, in that decision makers can calculate the costs and benefits of the alternatives available to them and that they choose to follow the alternative that offers the greatest net benefit. Nevertheless, one still would think that, if a person or... 2013
  Civil Procedure -- Class Actions -- Southern District of New York Certifies Class Action Against City Police for Suspicionless Stops and Frisks of Blacks and Latinos. -- Floyd V. City of New York, 82 Fed. R. Serv. 3d (West) 833 (S.d.n.y. 2012). 126 Harvard Law Review 826 (January, 2013) For a Court that had been besieged by calls to impeach its Chief Justice for his perceived leniency on crime, the 8-1 decision in Terry v. Ohio proved atypical. In his opinion, Chief Justice Warren assented to warrantless police stops and frisks based on no more than reasonable suspicion--an intrusion the former district attorney conceded must... 2013
Andrea J. Ritchie Crimes Against Nature: Challenging Criminalization of Queerness and Black Women's Sexuality 14 Loyola Journal of Public Interest Law 355 (Spring 2013) Over the past two centuries, racialized policing of sexualities deemed deviant was, in Louisiana, facilitated by the existence of a centuries-old crime against nature law. In 1982, the legislature added a crime against nature by solicitation provision (CANS), which singled out solicitation of oral or anal sex for compensation for harsher... 2013
Anietie Maureen-Ann Akpan Dark Medicine: How the National Research Act Has Failed to Address Racist Practices in Biomedical Experiments Targeting the African-american Community 11 Seattle Journal for Social Justice 1123 (Spring, 2013) It is dangerous to be an American Negro male. America has never wanted its Negroes to be men, and does not, generally, treat them as men. It treats them as mascots, pets, or things. - James Baldwin 1943. Rural Alabama. The rays of the sun stream down mercilessly hot on your back, and perspiration darkens your shirt. It had been another long day of... 2013
Brian G. Gilmore , Reginald Dwayne Betts Deconstructing Carmona: the U.s. War on Drugs and Black Men as Non-citizens 47 Valparaiso University Law Review 777 (Spring, 2013) The Negritude movement poet, Aimé Césaire of Martinique, wrote in his book, Discourse on Colonialism, A civilization that proves incapable of solving the problems it creates is a decadent civilization. Césaire, at the time, was critiquing colonial rule of Europe over developing societies all over the world and had declared that Europe was... 2013
William Y. Chin Domestic Counterinsurgency: How Counterinsurgency Tactics Combined with Laws Were Deployed Against Blacks Throughout U.s. History 3 University of Miami Race & Social Justice Law Review 31 (2013) Abstract. 32 I. Introduction. 32 II. A Counterinsurgency Nation. 34 III. The Founding Documents as Counterinsurgency Documents. 35 IV. Centuries Of Counterinsurgency. 36 A. The Slavery Period. 36 1. Outsourcing the Rendition of Blacks. 37 2. Continuing the Rendition of Blacks. 38 3. Suppressing Black Insurrections. 38 4. Patrolling Blacks. 39 5.... 2013
Meera E. Deo Dorothy H. Evensen and Carla D. Pratt, the End of the Pipeline: a Journey of Recognition for African Americans Entering the Legal Profession. Durham: Carolina Academic Press, 2012, Pp. 344, $40.00 62 Journal of Legal Education 640 (May, 2013) Most authors facing the daunting challenge of publishing a book focus solely on making a valuable contribution to their field. With The End of the Pipeline: A Journey of Recognition for African Americans Entering the Legal Profession, Dorothy H. Evensen and Carla D. Pratt not only offer a substantial addition to the literature in multiple fields,... 2013
Loftus C. Carson, II Employment Opportunities and Conditions for the African-american Legal Professoriate: Perspectives from the Inside 19 Texas Journal on Civil Liberties & Civil Rights C.R. 1 (Fall 2013) I. Introduction. 3 A. The Study. 6 B. The Importance of Racial Diversity in the Professoriate of American Law Schools. 8 II. Background. 11 A. Some Historical Perspective on Faculty Ethnicity in American Institutions of Higher Education. 11 B. An Overview of the Experiences of Higher Education Faculty of Color. 12 C. An Overview of the American Law... 2013
Nicholas J. Johnson Firearms Policy and the Black Community: an Assessment of the Modern Orthodoxy 45 Connecticut Law Review 1491 (July, 2013) The heroes of the modern civil rights movement were more than just stoic victims of racist violence. Their history was one of defiance and fighting long before news cameras showed them attacked by dogs and fire hoses. When Fannie Lou Hamer revealed she kept a shotgun in every corner of her bedroom, she was channeling a century old practice. And... 2013
Andrew Jay McClurg Firearms Policy and the Black Community: Rejecting the "Wouldn't You Want a Gun If Attacked?" Argument 45 Connecticut Law Review 1773 (July, 2013) The gun lobby has succeeded in focusing the gun debate on a narrow, oversimplified question: If a criminal attacked you, wouldn't you prefer to have a gun to protect yourself? This Article asserts that the question-which correlates with a more guns argument-is a red herring, a diversion that leads us off track and blinds us to the need for... 2013
Benjamin Fleury-Steiner , Lionel R. Smith , Tanya N. Whittle , Michael Burtis From the Battlefield to the War on Drugs: Lessons from the Lives of Marginalized African American Military Veterans 6 Albany Government Law Review 464 (2013) Introduction. 465 I. The Myth of the Addicted Army and the Launching of the Modern War on Drugs. 468 A. Nixon as Architect. 468 B. From Reagan's War to the Present. 471 II. The Lives of Marginalized African American Veterans. 473 III. Vietnam Era. 474 A. Carl: Help for Vets' Wasn't on Billboards. . 474 B. Charles: You black, you must have... 2013
Nekima Levy-Pounds Going up in Smoke: the Impacts of the Drug War on Young Black Men 6 Albany Government Law Review 563 (2013) I. An Overview of the War on Drugs. 567 A. The Shift Away from Judicial Discretion. 569 B. Is it Crack? is it Powder? Is it Different?. 570 II. New Developments in Marijuana Legalization Initiatives. 573 III. Unintended Consequences of Marijuana Legalization. 582 IV. Collateral Effects of Criminal Justice Involvement. 583 Conclusion. 588 For the... 2013
Gabriel Arkles Gun Control, Mental Illness, and Black Trans and Lesbian Survival 42 Southwestern Law Review 855 (2013) Killings, even mass killings of children and youth, are terribly common. Over 50,000 Iraqi children and over 15,000 Afghani children have been killed through U.S. military intervention in recent years. U.S. drone strikes have killed 178 children in Afghanistan and Pakistan as of December 2012. In just one week in the Bronx in 2012, the NYPD shot... 2013
Sonja C. Tonnesen Hit it and Quit It: Responses to Black Girls' Victimization in School 28 Berkeley Journal of Gender, Law & Justice 1 (Winter 2013) INTRODUCTION. 2 Part I. Sexual Harassment Against Black Girls and Young Women in School and the Unfulfilled Promise of Title IX and Zero Tolerance Policies. 6 A. Sexual Harassment Against Black Girls at School. 6 B. The Inadequacy of Title IX and Schools' Efforts to End Sexual Harassment against Black Girls and Young Women in K-12 Schools. 11 Part... 2013
Eleanor Marie Lawrence Brown How the U.s. Selected for a Black British Bourgeoisie 27 Georgetown Immigration Law Journal 311 (Winter, 2013) While legal scholarship concerning the history of race and voluntary immigration to the United States has focused largely on minority groups originating in Latin America and Asia, this Essay reminds us that this history also implicates black migration. Early free black migrants were overwhelmingly British subjects, originating from the Caribbean... 2013
Amara S. Chaudhry-Kravitz Is Brown the New Black?: American Muslims, Inherent Propensity for Violence, and America's Racial History 20 Washington and Lee Journal of Civil Rights and Social Justice 3 (Fall, 2013) I. Introduction. 4 II. Defining Our Terms. 5 III. Where We Are: Post-9/11 Criminalization of American Muslim Identity. 8 A. In a Post-9/11 World, American Muslim Identity Has Been Criminalized. 8 B. Is This Criminalization a Result of a Racialization of American Muslim Identity?. 11 IV. Where We've Been: Legal Constructs, and Consequences, of... 2013
June Carbone , Naomi Cahn Is Marriage for Rich Men? 13 Nevada Law Journal 386 (Winter 2013) At the center of critical theory, including feminism and much of masculinities theory, is a distrust of hierarchy. Yet, promotion of gender equality between men and women does not necessarily address the role of hierarchies among men or among women, and the role of male hierarchies often has different consequences from those among women. In this... 2013
Adele M. Morrison It's [Not] a Black Thing: the Black/gay Split over Same-sex Marriage--a Critical [Race] Perspective 22 Tulane Journal of Law & Sexuality Sexuality 1 (2013) I. Introduction. 2 II. The Black/Gay Split. 11 A. Identified. 12 B. Located. 13 III. Civil (Marriage) Rights: Divisions over . . .. 15 A. Immutability. 18 B. Civil Rights . 22 C. The Meaning(s) and Purpose(s) of Marriage. 23 1. Religious Arguments. 26 2. Secular Arguments. 28 IV. The Split: A Critical Race Theory Perspective. 32 A. (Dis)Interest... 2013
Brando Simeo Starkey Jim Crow, Social Norms, and the Birth of Uncle Tom 3 Alabama Civil Rights & Civil Liberties Law Review 69 (2013) Introduction. 69 I. Uncle Toms Love Segregation in Public Accommodations. 76 II. Uncle Toms and Their Separate but Equal Homes: Residential Segregation. 82 III. Uncle Toms' Separate Schools. 84 Racial Loyalty Norms and Jim Crow: An Analytical Conclusion. 96 2013
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