| Author | Title | Citation | Summary | Year |
| George B. Cunningham |
Occupational Segregation of African Americans in Intercollegiate Athletics Administration |
2 Wake Forest Journal of Law and Policy 165 (2012) |
Emerging from the constraints of segregation and institutionalized forms of racism, African Americans have excelled in many areas of sport. Consider, for instance, the dominance of African American players. Once denied participation opportunities at major universities and in professional leagues, they now constitute a majority of the players in the... |
2012 |
| Leland Ware, Theodore J. Davis |
Ordinary People in an Extraordinary Time: the Black Middle-class in the Age of Obama |
55 Howard Law Journal 533 (Winter 2012) |
INTRODUCTION. 533 I. ATTITUDES OF BLACK AMERICANS: DIVIDING BY CLASS. 536 II. EDUCATIONAL ATTAINMENT LEVELS. 539 III. OCCUPATIONAL ADVANCES. 542 IV. FAMILY INCOME. 546 V. INCOME DISPARITIES AMONG AFRICAN AMERICAN HOUSEHOLDS. 551 VI. HOMEOWNERSHIP AND RESIDENTIAL SEGREGATION. 553 VII. CONTINUING NEIGHBORHOOD SEGREGATION. 558 VIII. THE... |
2012 |
| Eric Arnesen, The George Washington University |
Paul D. Moreno, Black Americans and Organized Labor: a New History, Baton Rouge: Louisiana State University Press, 2006. Pp. 334. $49.95 Cloth (Isbn: 0-8071-3094.-x) |
30 Law and History Review 292 (February, 2012) |
Despite a long history of bitter antagonism between organized labor and black workers, historian Paul Moreno argues at the outset of his new book, African-Americans in recent years are the demographic group most likely to belong to a labor union (1). Moreno's concern is less with why black workers would be attracted to organizations that have... |
2012 |
| Dorothy E. Roberts |
Prison, Foster Care, and the Systemic Punishment of Black Mothers |
59 UCLA Law Review 1474 (August, 2012) |
This Article analyzes how the U.S. prison and foster care systems work together to punish black mothers in the service of preserving race, gender, and class inequality in a neoliberal age. The intersection of these systems is only one example of many forms of overpolicing that overlap and converge in the lives of poor women of color. I examine the... |
2012 |
| M. Kristen Hefner, University of Delaware |
Punished: Policing the Lives of Black and Latino Boys. By Victor M. Rios. New York: New York University Press, 2011. 218 Pp. $20.00 Paper |
46 Law and Society Review 942 (December, 2012) |
Punitive strategies such as tough on crime and zero tolerance policies that have traditionally been restricted to the field of criminal justice are currently being implemented in mainstream institutions that serve youthful populations, such as schools and civic centers. While examinations of punitive discourses and practices, poverty, and youth... |
2012 |
| James Forman, Jr. |
Racial Critiques of Mass Incarceration: Beyond the New Jim Crow |
87 New York University Law Review 21 (April, 2012) |
In the last decade, a number of scholars have called the American criminal justice system a new form of Jim Crow. These writers have effectively drawn attention to the injustices created by a facially race-neutral system that severely ostracizes offenders and stigmatizes young, poor black men as criminals. This Article argues that despite these... |
2012 |
| Lisa Qi |
Reaction To: How African-americans Can Better Maneuver in the Labor Market to Close the Black-white Employment and Income Gaps |
4 Georgetown Journal of Law & Modern Critical Race Perspectives 203 (Fall, 2012) |
Shaba Nassar's How African-Americans Can Better Maneuver in the Labor Market to Close the black-white Employment and Income Gaps ambitiously aims to provide solutions to deeply-rooted racial inequalities between African Americans and whites in American society. Whites presently dominate the workforce, particularly among high-wage, primary... |
2012 |
| Elizabeth Watson |
Reaction To: Screaming to Be Heard: Black Feminism and the Fight for a Voice from the 1950s-1970s |
4 Georgetown Journal of Law & Modern Critical Race Perspectives 173 (Fall, 2012) |
Preston D. Mitchum's Article suffers from the overarching problem of a lack of focus. It seems like Mitchum has discovered, for the first time, a problem that most historians, critical race theorists, and students in these two fields, among others, have already recognized. Because of this, instead of adding to the intellectual dialogue around black... |
2012 |
| Victoria Ajayi |
Reaction To: Screaming to Be Heard: Black Feminism and the Fight for a Voice from the 1950s-1970s |
4 Georgetown Journal of Law & Modern Critical Race Perspectives 171 (Fall, 2012) |
Preston Mitchum provides an excellent review of the history of the Women's Movement. Black female activists were disenfranchised in the Civil Rights Movement because the movement was not about sexism. Black female activists were disenfranchised in the Women's Suffrage Movement because the Movement was about sex and not about race. The... |
2012 |
| Alfred Dennis Mathewson |
Remediating Discrimination Against African American Female Athletes at the Intersection of Title Ix and Title Vi |
2 Wake Forest Journal of Law and Policy 295 (2012) |
In Black Women, Gender Equity and the Function at the Junction (Function at the Junction), I visited the intersection of race and gender in examining the impact of Title IX on black female athletes. I applied Professor Kimberle Crenshaw's single-axis critique of anti-discrimination laws and Professor Angela Harris's critique of essentialism to... |
2012 |
| David L. Eng |
Reparations and the Human |
21 Columbia Journal of Gender and Law 159 (2012) |
Perhaps most importantly, we must recognize that ethics requires us to risk ourselves precisely at moments of unknowingness, when what forms us diverges from what lies before us, when our willingness to become undone in relation to others constitutes our chance of becoming human. To be undone by another is a primary necessity, an anguish, to be... |
2012 |
| Ruth Rubio-Marin |
Reparations for Conflict-related Sexual and Reproductive Violence: a Decalogue |
19 William and Mary Journal of Women and the Law 69 (Fall, 2012) |
Introduction I. Harm-Centered Reparations: The Specificity of Sexual Violence-Related Harms II. Decalogue for Reparations of Victims of Sexual and Reproductive Violence A. Administrative Reparations Programs B. Ensuring the Participation of Victims and Relevant Civil Society Actors C. Overcoming Silencing, Under-Inclusion, Undervaluation, and... |
2012 |
| Azadeh Zohrabi |
Resistance and Repression: the Black Guerrilla Family in Context |
9 Hastings Race and Poverty Law Journal 167 (Winter 2012) |
The California Department of Corrections and Rehabilitation (CDCR) has identified prison gangs as a serious threat to the safety and security of California prisons. In response to this safety concern, the CDCR has developed a gang validation system to identify suspected prison gang members and associates and to administratively segregate them... |
2012 |
| Preston D. Mitchum |
Screaming to Be Heard: Black Feminism and the Fight for a Voice from the 1950s-1970s |
4 Georgetown Journal of Law & Modern Critical Race Perspectives 151 (Fall, 2012) |
Bitch. Whore. Mammy. Matriarch. Aunt Jemima. Smart-Ugly. These pejorative expressions have been used to describe and degrade Black women, specifically Black feminists, historically, and unfortunately, even today. Smart-ugly, for example, formed the way most Black women in the past were forced to develop their intellect at the expense... |
2012 |
| Christopher Michael Brown |
Seditious Prose: Patriots and Traitors in the African American Literary Tradition |
24 Law and Literature 174 (Summer, 2012) |
Abstract: This essay explores the recurring figure of the traitor in African-American letters, arguing that literary portrayals of the crime of treason reveal the fundamental tension between black loyalty to the nation and the nation's betrayal of the race, and indeed demand that we reconsider the terms of treason itself In three nineteenth-century... |
2012 |
| Carla D. Pratt |
Sisters in Law: Black Women Lawyers' Struggle for Advancement |
2012 Michigan State Law Review 1777 (2012) |
Introduction. 1777 I. Not Merely a Problem of Numbers. 1780 II. The Struggle to Portray a Professional Image. 1782 III. Stereotypes in the Workplace. 1785 IV. Stereotypes Operating Outside the Workplace. 1790 Conclusion. 1793 Many observers of the legal profession have noted that the number of women graduating from law school and entering the legal... |
2012 |
| David K. Wiggins |
Strange Mix of Entitlement and Exploitation: the African American Experience in Predominantly White College Sport |
2 Wake Forest Journal of Law and Policy 95 (2012) |
African Americans have participated in intercollegiate sport on predominantly white university campuses since the latter half of the nineteenth century. In spite of rigid racial discrimination in the United States, a very select number of athletically gifted and educationally motivated African Americans from largely middle class families... |
2012 |
| Bernice B. Donald and Jerilyn E. Gardner |
Struggle for the African-american Lawyer: a Portrait of Progress? |
18-MAY NBA National Bar Association Magazine 12 (January-May, 2012) |
In the 1983 inaugural edition of the National Bar Association Magazine, Judge A. Leon Higginbotham, Jr. penned an insightful article highlighting the struggle, progress, and challenges of the African-American lawyer. He aptly noted 1) there had been progress, 2) that progress had been slow and had been born of inevitable struggle, and 3) the black... |
2012 |
| Ereshnee Naidu |
Symbolic Reparations and Reconciliation: Lessons from South Africa |
19 Buffalo Human Rights Law Review 251 (2012) |
With the growth of the transitional justice field in the past two decades, the issue of reparations for victims of gross human rights violations has taken center stage in national and international law and politics alike. The right to a remedy for such victims is asserted in a variety of the regional and international human rights documents that... |
2012 |
| Lenese C. Herbert |
The "First Family Effect:" "Love on Top" |
55 Howard Law Journal 339 (Winter 2012) |
During the last fifty years, heterosexual marriage rates have declined in the United States. For heterosexual couples, marriage seems a less universal and less stable family form. Marriage seems no longer to be the surest route to financial security for women. Instead, men, compared with their 1970 counterparts, are married to women whose... |
2012 |
| Henry J. Richardson III |
The Black International Tradition and African American Business in Africa |
34 North Carolina Central Law Review 170 (2012) |
Dean Pierce, Dean Scott, members of the Law School Faculty, distinguished guests, students, and other friends gathered, I am honored to be invited to give one of your Reynolds Lectures for 2011. I am honored that you would have me stand in this distinguished line of scholars. This afternoon, I want to explore the origins of African-American... |
2012 |
| Geiza Vargas-Vargas |
The Investment Opportunity in Mass Incarceration: a Black (Corrections) or Brown (Immigration) Play? |
48 California Western Law Review 351 (Spring 2012) |
There's been 133 nations identified crossing that border. Not just Mexicans, not just Hondurans, not just El Salvadorans, but 133 nations. Many of those are nations of interest, which means that they either harbor, aid and abet, or are somehow connected to terrorist activities . . . . And yet they continue to cross that border. We've got prayer... |
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 |
| Priscilla A. Ocen |
The New Racially Restrictive Covenant: Race, Welfare, and the Policing of Black Women in Subsidized Housing |
59 UCLA Law Review 1540 (August, 2012) |
This Article explores the race, gender, and class dynamics that render poor Black women vulnerable to racial surveillance and harassment in predominately white communities. In particular, this Article interrogates the recent phenomenon of police officers and public officials enforcing private citizens' discriminatory complaints, which ultimately... |
2012 |
| Enrique S. Pumar , Faith Mullen |
The Plural of Anecdote Is Not Data: Teaching Law Students Basic Survey Methodology to Improve Access to Justice in Unemployment Insurance Appeals |
16 University of the District of Columbia Law Review 17 (Fall 2012) |
This project has its origins at the University of the District of Columbia David A. Clarke School of Law (UDC). In March 2008, UDC hosted a meeting between the Pro Bono Committee of the District of Columbia Office of Administrative Hearings, and clinical professors and pro bono coordinators from several law schools in the District of Columbia. At... |
2012 |
| Adriel A. Hilton, Upper Iowa University, Marybeth Gasman, University of Pennsylvania, J. Luke Wood, San Diego State University, Michael Steven Williams, The Ohio State University, Corresponding author: Marybeth Gasman, University of Pennsylvania |
The Relevance of Black Law Schools |
40 Southern University Law Review 145 (Fall, 2012) |
In his 2007 autobiography, My Grandfather's Son, United States Supreme Court Justice Clarence Thomas says affirmative action did more to hinder rather than help his career. Deeming his Yale law degree essentially worthless, Thomas believed his admission to Yale under affirmative action significantly diminished its value. Despite Thomas's... |
2012 |
| Jonathan C. Augustine |
The Theology of Civil Disobedience: the First Amendment, Freedom Riders, and Passage of the Voting Rights Act |
21 Southern California Interdisciplinary Law Journal 255 (Winter 2012) |
In 2011, usage of the term civil disobedience resurged in the American lexicon for at least two reasons: (1) there was widespread civil protest in Egypt; and (2) America observed the fiftieth anniversary of the now-celebrated Freedom Rides. Both reasons demonstrate the continued relevance of the twentieth century American Civil Rights Movement... |
2012 |
| Stephen Carpenter |
The Usda Discrimination Cases: Pigford, in re Black Farmers, Keepseagle, Garcia, and Love |
17 Drake Journal of Agricultural Law 1 (Spring, 2012) |
I. Introduction. 1 II. Background. 2 III. Discrimination Generally. 5 IV. USDA History and Discrimination. 7 V. Agricultural Credit and the Equal Credit Opportunity Act (ECOA). 11 VI. The Discrimination Cases. 13 A. Pigford. 15 B. Keepseagle. 21 C. In re Black Farmers Discrimination Litigation. 27 D. Garcia, Love, and a USDA Administrative Process.... |
2012 |
| Kevin B. Blackistone |
The Whitening of Sports Media and the Coloring of Black Athletes' Images |
2 Wake Forest Journal of Law and Policy 215 (2012) |
The American Society of News Editors reported in April 2011 that the number and percentage of journalists of color in newspaper and online newsrooms declined for the third consecutive year. The most precipitous drop continued to be with black journalists. Quantitative evidence in recent years showed that newspaper sports departments and sports... |
2012 |
| Prof. Rachel J. Anderson |
Timeline African-american Legal History in Nevada (1861-2011) |
20-FEB Nevada Lawyer 8 (February, 2012) |
This timeline depicts selected events in the history of African-American lawyers, civil rights, and diversity in Nevada's bar and on the bench. A more comprehensive version of this timeline is available on the Las Vegas Chapter of the National Bar Association website and in the Las Vegas Chapter of the National Bar Association... |
2012 |
| SpearIt |
Why Obama Is Black: Language, Law and Structures of Power |
1 Columbia Journal of Race and Law 468 (July, 2012) |
[W]ords are our tools, and, as a minimum we should use clean tools: we should know what we mean and what we do not, and we must forearm ourselves against the traps that language sets us. When he filled out the race section of the 2010 U.S. Census survey, President Barack Obama checked the Black, African Am., or Negro box despite the fact that... |
2012 |
| Brett Mares |
A Chip off the Old Block: Familial Dna Searches and the African American Community |
29 Law & Inequality: A Journal of Theory and Practice 395 (Summer 2011) |
Juan Rivera sits in a dimly lit visiting room at Stateville Correctional Center in Joliet, Illinois. He is serving a life sentence for the 1992 murder of eleven-year-old Holly Staker, and though he has been in prison for almost twenty years, it is immediately clear that Juan does not belong here. Claims of innocence are common in this place, but... |
2011 |
| Joseph Karl Grant |
A Conversation with President Obama: a Dialogue about Poverty, Race, and Class in Black America |
1 University of Miami Race & Social Justice Law Review 25 (2011) |
Introduction. 26 I. Housing in Black America. 31 II. Education in Black America. 35 III. Employment in Black America. 38 IV. Access to Capital in Black America. 40 Conclusion. 45 |
2011 |
| Amy L. Katzen |
African American Men's Health and Incarceration: Access to Care upon Reentry and Eliminating Invisible Punishments |
26 Berkeley Journal of Gender, Law & Justice 221 (Summer 2011) |
African American men suffer worse health outcomes and have a lower life expectancy than other demographic groups. The disproportionately high incarceration rates of African American men for drug and other crimes is a crucial factor in understanding and combating health inequities. Being imprisoned is very bad for inmates' health because of damaging... |
2011 |
| Jessica Dixon Weaver |
African-american Grandmothers: Does the Gender-entrapment Theory Apply? Essay Response to Professor Beth Richie |
37 Washington University Journal of Law & Policy 153 (2011) |
First, I would like to extend my appreciation to Dean Appell and Vice-Provost Davis for inviting me to discuss how my research on the African-American family intersects with Professor Richie's work in the anti-violence black feminist movement area. My focus on the black family deals with how the family has been historically structured, how law and... |
2011 |
| Mark M. Carroll |
All for Keeping His Own Negro Wench: Birch V. Benton (1858) and the Politics of Slander and Free Speech in Antebellum Missouri |
29 Law and History Review 835 (August, 2011) |
In August 1849, outspoken proslavery Missouri Supreme Court Judge James H. Birch sued Unionist Senator Thomas Hart Benton of Missouri for slander because he had publicly accused Birch of having kept his own negro wench and whipped his wife because she had dared to complain about it. On first impression, the lurid accusation and resulting law-suit... |
2011 |
| Bidish Sarma |
An Enduring (And Disturbing) Legacy: "Race-neutrality," Judicial Apathy, and the Civic Exclusion of African-americans in Louisiana |
1 Houston Law Review: Off the Record 49 (Summer, 2011) |
C1-2Table of Contents I. Introduction. 49 II. Ballot Box Exclusion. 51 III. Jury Box Exclusion. 54 IV. Conclusion. 60 |
2011 |
| Joanna Shepherd Bailey, George B. Shepherd |
Baseball's Accidental Racism: the Draft, African-american Players, and the Law |
44 Connecticut Law Review 197 (November, 2011) |
Major League Baseball has recently experienced two puzzling upheavals. First, the number of foreign players has grown, to twenty-eight percent of all players. At the same time, the fraction of African-American players has declined, and is now at its lowest level in more than thirty years. The solution to the puzzle lies within the league itself. In... |
2011 |
| Robb Kuczynski |
Benching Jim Crow: the Rise and Fall of the Color Line in Southern College Sports, 1890-1980 |
21 Marquette Sports Law Review 787 (Spring 2011) |
Charles H. Martin [Champaign, Illinois: University of Illinois Press, 2010] 357 Pages ISBN: 978-0-252-07750-0 It is hard to miss the number of African-American players on the court or gridiron when one watches college basketball or football. In fact, African-Americans account for 46% of National Collegiate Athletic Association (NCAA) Division I... |
2011 |
| Luke Charles Harris |
Beyond the Best Black: the Making of a Critical Race Theorist at Yale Law School |
43 Connecticut Law Review 1379 (July, 2011) |
In Kimberle Williams Crenshaw's lead article in this Commentary Issue she contends that critical insights on race often develop out of institutional struggles over the terms upon which racial politics are engaged and normalized. My pathway to Critical Race Theory (CRT) confirms this idea. Thus, this comment traces the making of a critical race... |
2011 |
| Natalie Quan |
Black and White or Red All Over? The Impropriety of Using Crime Scene Dna to Construct Racial Profiles of Suspects |
84 Southern California Law Review 1403 (September, 2011) |
I. INTRODUCTION. 1404 II. DNA IN THE LEGAL CONTEXT. 1406 A. DNA Defined. 1407 B. DNA and Law Collide. 1408 C. CODIS and NDIS. 1409 D. Thirteen Core STR Loci. 1410 E. DNA Dragnets. 1411 F. DNAWitness and Like Analyses. 1412 III. THE EMERGENCE OF RACE. 1413 A. Folktales of a Knowable Essence. 1414 B. Missteps: Taxonomy, Social Darwinism, and... |
2011 |
| E. Earl Parson , Monique McLaughlin |
Black Strikes: the Focus of Controversy and the Effect of Race-based Peremptory Challenges on the American Jury System |
3 Georgetown Journal of Law & Modern Critical Race Perspectives 87 (Spring, 2011) |
Do not take the Jews, Negroes, Dagos, Mexicans, or a member of any minority race on a jury, no matter how rich or how educated. Stereotypes of African American juries have produced an alarming fear for prosecutors, leading to the exclusion of this population from juries especially in capital murder cases. This fear has led prosecutors to go to... |
2011 |
| D. Wendy Greene |
Black Women Can't Have Blonde Hair . . . in the Workplace |
14 Journal of Gender, Race and Justice 405 (Spring 2011) |
Paulette Caldwell's pioneering hair piece situated Black women's hairstyle choices and the constraints placed upon them in making these choices within much needed historical and contemporary social context. Professor Caldwell presented a compelling appraisal of the infamous braids case, Rogers v. American Airlines, and in doing so, offered a... |
2011 |
| Anna Blackburne-Rigsby and Melissa Roca |
Black Women Judges: Three Decade Journey to Maryland Appellate Courts |
44-AUG Maryland Bar Journal 20 (July/August, 2011) |
IN COMMEMORATION OF THE National Bar Association's annual convention which will be held in Baltimore this summer, Judge Marcella A. Holland, the first African-American woman Circuit Administrative Judge in the State of Maryland (Circuit Court for Baltimroe City, 8th Judicial Circuit,) asked me to write an article focusing on minorities in the... |
2011 |
| Leland Ware |
Contributions of Missouri's Black Lawyers to Securing Equal Justice |
67 Journal of the Missouri Bar 42 (January-February, 2011) |
Editor's note: In 1989, St. Louis University School of Law Assistant Professor Leland Ware published this article, examining the history of black lawyers in Missouri during the late nineteenth and early twentieth centuries, in the Journal of The Missouri Bar. The author is now the Louis J. Redding Chair and Professor for the Study of Law and Public... |
2011 |
| Ilana Gershon, Indiana University |
Critical Review Essay: Studying Cultural Pluralism in Courts Versus Legislatures |
34 PoLAR: Political and Legal Anthropology Review 155 (May, 2011) |
What insights can the literature on legal pluralism and cultural pluralism written by ethnographers of courts provide to ethnographers of legislatures? Focusing on Anglo-American legal systems, I explore how analyses of cultural pluralism can change when one moves from courts to legislatures. Three analytical shifts can occur when switching... |
2011 |
| Bruce H. Kobayashi , Larry E. Ribstein |
Delaware for Small Fry: Jurisdictional Competition for Limited Liability Companies |
2011 University of Illinois Law Review 91 (2011) |
Most of the work on jurisdictional competition for business associations has focused on publicly held corporations and the factors underlying Delaware's dominance in attracting formations of large out-of-state corporations. We examine an analogous jurisdictional competition to attract formations by closely held limited liability companies (LLCs).... |
2011 |
| SpearIt |
Enslaved by Words: Legalities & Limitations of "Post-racial" Language |
2011 Michigan State Law Review 705 (2011) |
Introduction. 706 I. The Temple of Taxonomy: Built on Sand. 708 A. Race & Color in the Language of Law. 710 1. Constitutions. 710 2. Statutes. 714 3. The U.S. Census. 720 B. Legal & Social Constructions of Whiteness. 726 II. Structural Racism. 729 A. The Politics of Naming. 730 1. Objectifying the Other. 732 2. Ritualizing Otherness. 734 B.... |
2011 |
| Nisé Guzmán Nekheba |
Entre Muchas Islas: an Afro-latina Legal Critic in the Paradoxical Age of Obama |
2 William Mitchell Law Raza Journal 1 (Winter 2011) |
You traveled through a world that played with your head when you thought you had conquered it and which in reality hurled you from its orbit, leaving you neither here nor there. Navigator between two waters, shipwrecked between two worlds. Alejo Carpentier, The Harp and the Shadow Amidst the media's and popular culture's immediate declaration that... |
2011 |
| L. Darnell Weeden |
Fifty plus Years after the Start of the Civil Rights Movement: a Contextual Analysis of the Freedom of Association for the National Association for the Advancement of Colored People's Pursuit of Reforming the Law |
12 Florida Coastal Law Review 337 (Winter 2011) |
This Article addresses whether a state may restrict the freedom of association of members of the National Association for the Advancement of Colored People (NAACP) and their ability to challenge a state's policy of racial segregation or discrimination by requiring disclosure of its membership list. Because there were many good reasons supporting... |
2011 |