Author | Title | Citation | Summary | Year |
Wendy Tolson Ross |
The Negro National Anthem Controversy |
16 Texas Wesleyan Law Review 561 (Symposium Edition 2010) |
Lift ev'ry voice and sing, Till earth and heaven ring. Ring with the harmonies of Liberty: Let our rejoicing rise, High as the list'ning skies, Let it resound loud as the rolling sea. Sing a song, full of the faith that the dark past has taught us, Sing a song full of the hope that the present has brought us, Facing the rising sun of our new day... |
2010 |
Milton L. Flynt |
The New Generation of Civil Rights Advocacy: the Charter School Movement in African American Communities in the South |
4 Southern Regional Black Law Students Association Law Journal 100 (Spring 2010) |
The expansion of charter schools is a policy focus of the Obama Administration. Charter Schools are public schools operating under a charter and are not subject to traditional public school regulations. U.S. Secretary of Education, Arne Duncan has indicated that the ten remaining states without charter school legislation and the states imposing... |
2010 |
Gary Ford |
The New Jim Crow: Male and Female, South and North, from Cradle to Grave, Perception and Reality: Racial Disparity and Bias in America's Criminal Justice System |
11 Rutgers Race & the Law Review 323 (2010) |
The new Jim Crow is the criminal justice system and its impact on poor people in general and people of colour in particular. Desre'e Watson, a six year-old black girl was arrested and charged with a felony for disruption of her kindergarten class. Shaquanda Cotton, a fifteen-year old black girl with attention deficit hyperactivity disorder... |
2010 |
David B. Wilkins |
The New Social Engineers in the Age of Obama: Black Corporate Lawyers and the Making of the First Black President |
53 Howard Law Journal 557 (Spring 2010) |
I. INTRODUCTION. 558 II. FROM BRANTON TO BARACK: THE LONG SHADOW OF THE ORIGINAL SOCIAL ENGINEERS. 564 A. There When We Needed Him . 565 B. The Making of the President. 567 C. A Citizen of the World--But First of Hyde Park. 570 D. An Island in the Swamp. 574 E. All the President's Men--and Women. 576 F. Building Bridges for a Bridge Builder. 581... |
2010 |
Ruth Gordon, Villanova University School of Law |
The Origins of African-american Interests in International Law. By Henry J. Richardson Iii. Durham, Nc: Carolina Academic Press, 2008. Pp. Xlii, 501. Index. $65 |
104 American Journal of International Law 313 (April, 2010) |
On July 11, 1945, one of the founders of modern Pan-Africanism, W. E. B. DuBois, testified before the Senate Foreign Relations Committee urging ratification of the Charter of the United Nations. DuBois and other Black Americans also attended the San Francisco Conference, where the Charter was crafted; it was hoped that the new entity would be the... |
2010 |
Stephen Kantrowitz |
The Other Thirteenth Amendment: Free African Americans and the Constitution That Wasn't |
93 Marquette Law Review 1367 (Summer 2010) |
This essay considers the great legacy of the Civil War, and of Abraham Lincoln: the end of chattel slavery as a constitutional institution and the principle of colorblind national citizenship. We are accustomed to telling this story in full knowledge of how it turned out by 1870, with the constitutional transformations achieved. But I want to think... |
2010 |
Floyd Weatherspoon |
The Status of African American Males in the Legal Profession: a Pipeline of Institutional Roadblocks and Barriers |
80 Mississippi Law Journal 259 (Fall, 2010) |
L1-2Introduction . R3260. I. A History of Discriminatory and Exclusionary Admission Practices by Law Schools. 264 II. Present Status of African American Males in the Legal Profession. 269 A. The Stagnant Number of African American Male Lawyers. 269 B. Few African American Male Prosecutors. 270 C. Few Judges, Magistrates, and Other Judicial Workers.... |
2010 |
Angela Mae Kupenda |
The Struggling Class: Replacing an Insider White Female Middle Class Dream with a Struggling Black Female Reality |
18 American University Journal of Gender, Social Policy and the Law 725 (2010) |
I. Introduction. 726 II. I had an insider dream. 729 III. Is this glimpse of the struggling class really a nightmare?. 730 IV. Go back to sleep and dream some more, the hard cold facts are too darn hard and cold. 734 V. When the outsider reality is too overwhelming, sleepwalking may suffice. 735 VI. This is what happens to a dream deferred. 738... |
2010 |
Geneva Brown |
The Wind Cries Mary--the Intersectionality of Race, Gender, and Reentry: Challenges for African-american Women |
24 Saint John's Journal of Legal Commentary 625 (Summer 2010) |
To deliver up bodies destined for profitable punishment, the political economy of prisons relies on racialized assumptions of criminality--such as images of black welfare mothers reproducing criminal children--and on racist practices in arrest, conviction, and sentencing patterns. Angela Davis warned of the impending growth of the prison industrial... |
2010 |
Aaron Schwabach |
Thomas Jefferson, Slavery, and Slaves |
33 Thomas Jefferson Law Review Rev. 1 (Fall 2010) |
I. INTRODUCTION: THOMAS JEFFERSON, SLAVERY, AND SLAVES. 2 II. JEFFERSON AND SLAVERY. 3 A. Introduction. 3 B. Thomas Jefferson as a Slave Owner. 5 1. Sally Hemings. 6 2. Edward Coles. 7 3. The Disintegration of Thomas Jefferson's Slave Community. 8 C. The Law of Slavery in Jefferson's Time. 9 1. Slavery in Virginia. 10 2. Slavery in the Other... |
2010 |
Michelle Crawford Rickert |
Through the Looking Glass: Finding and Freeing Modern-day Slaves at the State Level |
4 Liberty University Law Review 211 (Spring, 2010) |
In Haiti, slavery is a way of life for many children. Some young boys are forced to sell unprotected sex for as little as $1.75, and because having sex with a virgin is thought to cure AIDS, the cost of sex with a pure child can be as much as $5.00. Children as young as four years old are sold into slavery as restaveks or stay withs. The... |
2010 |
Kaimipono David Wenger |
Too Big to Remedy? Rethinking Mass Restitution for Slavery and Jim Crow |
44 Loyola of Los Angeles Law Review 177 (Fall 2010) |
Slavery and Jim Crow inflicted horrific harms on Blacks in America. Official silence aggravated that harm, as neither victims nor their descendants received monetary restitution, nor even (until very recently) any official apology. Reparations advocates have repeatedly called for compensation to slave descendants. But how exactly does society... |
2010 |
Henry J. Richardson, III |
Two Treaties, and Global Influences of the American Civil Rights Movement, Through the Black International Tradition |
18 Virginia Journal of Social Policy and the Law 59 (Fall 2010) |
Introduction. 59 I. Identifying the Black International Tradition. 61 A. Influences of Outside Mass Struggles by Peoples of Color. 62 B. Examples of the global impact of the American Civil Rights Movement. 66 II. The Impact of Two Key Treaties on African-American Collective Debates on the Best Route Towards Liberation. 67 A. The Berlin Conference... |
2010 |
Ariel E. Dulitzky |
When Afro-descendants Became "Tribal Peoples": the Inter-american Human Rights System and Rural Black Communities |
15 UCLA Journal of International Law and Foreign Affairs 29 (Spring 2010) |
The inter-American human rights system has established itself as a permanent and prominent actor in the discussion on the protection of indigenous and Afro-descendant collective territorial rights. It has done so by demonstrating receptivity to the territorial demands of indigenous and Afro-descendant peoples. The inter-American jurisprudence, in... |
2010 |
Victoria C. Dawson |
Who Is Responsible When You Shop until You Drop?: an Impact on the Use of the Aggressive Marketing Schemes of "Black Friday" Through Enterprise Liability Concepts |
50 Santa Clara Law Review 747 (2010) |
Wal-Mart Employee Trampled to Death in Black Friday Stampede--this was the gist of many headlines that appeared in print and electronic news reports across the country on November 28, 2008. The thirty-four-year-old man was knocked to the ground by a swarm of unruly shoppers who rushed into the store when the doors opened at a Wal-Mart in Long... |
2010 |
Laura Beckerman |
A Typology of Domestic Violence: Intimate Terrorism, Violent Resistance, and Situational Couple Violence by Michael P. Johnson. Lebanon, New Hampshire: Northeastern University Press, 2008. 161 Pp. $60.00 Cloth; $19.95 Paper. |
24 Berkeley Journal of Gender, Law & Justice 75 (Spring 2009) |
Two recently published books seek to address deficiencies in existing research on violence in intimate relationships. After reading both books, I was struck by how the theoretical categories explored in one illuminate the anecdotal and individual experiences in the other. In this review, I attempt to bring the two pieces into dialogue with each... |
2009 |
Sarah Smith Kuehnel |
Abstinence-only Education Fails African American Youth |
86 Washington University Law Review 1241 (2009) |
Studies consistently reveal that approximately half of all adolescents engage in sexual intercourse before graduating high school, and many legal scholars have analyzed the correlation between youths' sexual activity and abstinence-only sex education. Studies also consistently reveal that the percentage of Black American adolescents engaging in... |
2009 |
Philip C. Aka |
Affirmative Action and the Black Experience in America |
36-FALL Human Rights 8 (Fall, 2009) |
Affirmative action permits the use of race and other minority factors, such as gender and ethnic origins, in decisions relating to allocations of public benefits, such as government employment, admissions into public schools, and awarding of government contracts. Affirmative action programs play a critically important role in the black experience... |
2009 |
Dekera Greene |
Ain't No Peace until We Get a Piece: Exploring the Justiciability and Potential Mechanisms of Reparations for American Blacks Through United States Law, Specific Modes of International Law, and the Covenant for the Elimination of All Forms of Racial Discr |
5 Modern American 10 (Spring, 2009) |
In the beginning was the word And the word was Death And the word was nigger And the word was death to all niggers And the word was death to all life And the word was death to all peace be still . In the name of peace They waged the wars ain't they got no shame In the name of peace Lot's wife is now a product of the Morton company nah they ain't... |
2009 |
Theresa Yuricic |
An Examination of Partner Notification Laws: What Does Partner Notification Mean for Hiv/aids in the African-american Community? |
3 Southern Regional Black Law Students Association Law Journal 121 (Spring, 2009) |
The AIDS epidemic presents challenges in regulation, especially when examined in the African-American community context. However the African-American community desperately needs effective legislation to combat HIV/AIDS because forty-seven percent of persons infected with the disease are African American. Partner notification laws exemplify a... |
2009 |
Scott G. Thompson |
Big, Bad, Black and Gay? Overcoming the Shackles of the Socially Constructed Black Masculine |
1 Georgetown Journal of Law & Modern Critical Race Perspectives 297 (Fall, 2009) |
President Barack Obama's success in the 2008 election is one of America's historymaking and history-defying moments. Certainly there are many explanations for why President Obama did so well and how he garnered support from so many Americans with such divergent backgrounds. One partial explanation for Obama's success may be found in his ability to... |
2009 |
Monique Drew, J.D. 2009 (U.C. Berkeley) |
Black and Blue: African Americans, the Labor Movement, and the Decline of the Democratic Party. Paul Frymer. Princeton, Nj: Princeton University Press, 2008. 244 Pages. |
30 Berkeley Journal of Employment and Labor Law 371 (2009) |
In Black and Blue: African Americans, the Labor Movement, and the Decline of the Democratic Party, Paul Frymer draws on his experience in labor law and legal theory to provide fresh insights into issues of race and racism in organized labor. Frymer chronicles the integration of labor in the mid-20th century, and provides a comprehensive account of... |
2009 |
Steven B. Lichtman |
Black like Me: the Free Speech Jurisprudence of Clarence Thomas |
114 Penn State Law Review 415 (Fall 2009) |
As arguably the most ferocious conservative on the Supreme Court, Clarence Thomas is not usually associated with civil liberties causes, except insofar as popular myth portrays him as hostile to those causes. Contrary to this mythology, however, Thomas has carved out a definitively speech-protective path in his First Amendment opinions. While there... |
2009 |
Max N. Panoff |
Black, Tie Optional: How the Nba's Dress Code Violates Title Vii |
8 Virginia Sports and Entertainment Law Journal 275 (Spring 2009) |
Introduction. 276 I. The NBA Dress Code's Background. 278 A. The Code's Creation. 278 B. The Code's Restrictions. 278 C. The Code's Authority. 279 D. The Code's Justification. 279 II. Race, Clothing, and the NBA. 280 A. Race. 280 B. Pre-Code Attire and Mistaken Assumptions. 281 C. Race Motivated Commissioner Stern to Adopt the Dress Code. 282 III.... |
2009 |
Alan M. White |
Borrowing While Black: Applying Fair Lending Laws to Risk-based Mortgage Pricing |
60 South Carolina Law Review 677 (Spring 2009) |
I. Introduction. 678 II. Blacks and Hispanics Pay More for Mortgages. 679 A. The Wealth Gap and the Importance of Interest Rates. 679 B. Data and Research on Loan Approval and Pricing Disparities. 680 1. HMDA Price Data for 2004-2007. 682 2. Efforts to Explain Disparities Based on Credit Risk or Cost. 683 III. Why Do Blacks and Hispanics Pay More?... |
2009 |
Faith R. Rivers |
Bridging the Black-green-white Divide: the Impact of Diversity in Environmental Nonprofit Organizations |
33 William and Mary Environmental Law and Policy Review 449 (Winter, 2009) |
Nonprofit organizations have been the lifeblood of the environmental movement. While charitable organizations have played an important role in the evolution of American society for centuries, environmental nonprofits are a relatively new development. These organizations, and the governmental policies that support and encourage the charitable sector... |
2009 |
Kevin Brown |
Change in Racial and Ethnic Classifications Is Here: Proposal to Address Race and Ethnic Ancestry of Blacks for Affirmative Action Admissions Purposes |
31 Hamline Journal of Public Law and Policy 143 (Fall 2009) |
On October 19, 2007, the Department of Education (DOE) issued requirements for the collection and reporting of data on race and ethnicity that educational institutions must follow, with a final implementation date for the reporting school year of 2010-11. The DOE entitled the requirements the Final Guidance on Maintaining, Collecting, and... |
2009 |
Stephen F. Smith |
Clarence X?: the Black Nationalist Behind Justice Thomas's Constitutionalism |
4 NYU Journal of Law & Liberty 583 (2009) |
Introduction. 584 I. Black Nationalism and Malcolm X. 586 II. Clarence Thomas as Clarence X. 590 A. Clarence X Confronts White Supremacy and Defends Black Institutions. 591 1. White supremacy. 591 2. Higher-education desegregation and historically black schools. 596 B. Clarence X Defends Civil Rights against Traditional Remedies. 601 1. Public... |
2009 |
Christopher L. Burrell |
Co-signing Danger: Why the Fda Should Tighten Regulations on the Use of Trans Fat in Foods in Order to Limit its Adverse Effects on the Health of Low-income African-americans |
3 Southern Regional Black Law Students Association Law Journal 1 (Spring, 2009) |
Food today is produced faster, grown larger, and is often produced and grown more cheaply. However, improved food products have come with a cost. While farmers and scientists have collaborated to develop chemicals and methods to produce crops faster and larger, while continuing to provide a price break to consumers, not all of these advances are... |
2009 |
Margaret Martin Barry |
Dreamscapes: Descendants of Slaves Past, Present, and Future |
40 University of Toledo Law Review 667 (Spring 2009) |
What's remarkable is not how many failed in the face of discrimination, but rather how many men and women overcame the odds; how many were able to make a way out of no way for those like me who would come after them. ~Barack Obama IN 1808, the United States ended slave importation. It would take another fifty-seven years and a bloody civil war to... |
2009 |
Derrick Darby |
Educational Inequality and the Science of Diversity in Grutter: a Lesson for the Reparations Debate in the Age of Obama |
57 University of Kansas Law Review 755 (May, 2009) |
Courts know today that statutes are to be viewed, not in isolation or in vacuo, as pronouncements of abstract principles for the guidance of an ideal community, but in the setting and the framework of present-day conditions, as revealed by the labors of economists and students of the social sciences in our own country and abroad. More than five... |
2009 |
Mary L. Heen |
Ending Jim Crow Life Insurance Rates |
4 Northwestern Journal of Law & Social Policy 360 (Fall, 2009) |
How people count and measure embodies certain assumptions about the thing they are counting; this was true in the nineteenth century, and it is equally true today. [E]ver since the 1880's, Negroes have been subject to differential treatment by white insurance companies in that some of them, at that time, started to apply higher premium schedules... |
2009 |
David D. Troutt |
Essay: Barack Obama, "Post-raciality" and Mythic-rhetorical Regime Change |
22 National Black Law Journal 1 (Fall, 2009) |
It is an honor to share this important event with you, and I am grateful to the organizers for having me. The question in the topic is whether Barack Obama's presidency somehow signals the start of a postracial period. That would mean that it alone contains the power to effect a transformation of deeply embedded beliefs, relationships,... |
2009 |
Carlton Waterhouse |
Follow the Yellow Brick Road: Perusing the Path to Constitutionally Permissible Reparations for Slavery and Jim Crow Era Governmental Discrimination |
62 Rutgers Law Review 163 (Fall 2009) |
A growing body of scholarship has developed around the issue of reparations for the Holocaust, slavery, and other social injustices. Numerous articles have proposed reparations programs for America's legacy of race based slavery and segregation, but the constitutionality of those programs has largely been ignored in the literature. Instead, most... |
2009 |
David J. Garrow |
Foreshadowing the Future: 1957 and the United States Black Freedom Struggle |
62 Arkansas Law Review Rev. 1 (2009) |
On January 1, 1957, Martin Luther King, Jr., addressed a 7000-person NAACP Emancipation Day benefit rally at Atlanta's Big Bethel AME Church. Titling his remarks Facing the Challenge of a New Age, King declared that he and his listeners were living in an age in which a new world order is being born. We stand today between two worlds: the dying... |
2009 |
Mark A. Bunbury, Jr. |
Forty Acres and a Mule . . . Not Quite Yet: Section 14012 of the Food, Conservation, and Energy Act of 2008 Fails Black Farmers |
87 North Carolina Law Review 1230 (May, 2009) |
Timothy Pigford's family has been farming in eastern North Carolina for four generations; his sons were supposed to be the fifth. More than 130 years ago, Pigford's great-great-grandfather was a Columbus County plantation slave who took his master's surname and decided to begin life as a farmer. However, Timothy Pigford's generation will likely be... |
2009 |
James Fox |
Fourteenth Amendment Citizenship and the Reconstruction-era Black Public Sphere |
42 Akron Law Review 1245 (2009) |
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or... |
2009 |
Jennifer M. Cox |
Frequent Arrests, Harsh Sentencing, and the Disproportionate Impact They Have on African Americans and Their Community |
3 Southern Regional Black Law Students Association Law Journal 17 (Spring, 2009) |
This article discusses how African Americans, when compared to Caucasians, are arrested and convicted more frequently and sentenced more harshly for participating in drug crimes. Statistics show disparate treatment because African Americans participate in illegal drug activity less frequently than Caucasians. This article will show how... |
2009 |
Alycee Lane |
Hang Them If They Have to Be Hung: Mitigation Discourse, Black Families, and Racial Stereotypes |
12 New Criminal Law Review 171 (Spring, 2009) |
This article examines how mitigation discourse fails to address the racial implications of presenting to white jurors a narrative of a black capital defendant's dysfunctional family life. Given the plethora of racist configurations in the public sphere of the black family--signified most perniciously through the figure of the welfare queen--the... |
2009 |
Stacy Elmer |
Health Disparities and Historical Injustice in Sierra Leone: a Case for Reparations? |
57 University of Kansas Law Review 971 (May, 2009) |
You would rather have a Lexus or justice, a dream or some substance? A Beamer, a necklace, or freedom? -- Dead Prez, Hip-Hop In 2000, the World Health Organization ranked Sierra Leone as the country with the least efficient health system of any country in the world. With sixty-eight percent of its population living below the poverty line, Sierra... |
2009 |
Tamara L. Rogers-Gant |
Health Disparities at Historical Black Colleges and Universities: Hiv Epidemic among Young African Americans |
19 Annals of Health Law Advance Directive 142 (Fall, 2009) |
According to the Center for Disease Control and Prevention (CDC), acquired immunodeficiency syndrome (AIDS) is the leading cause of death among African Americans between the ages of twenty-five and forty-four. Although African Americans comprise approximately 12% of the United States' population, African Americans comprise 45% of all new Human... |
2009 |
L. Darnell Weeden |
Historically Black Colleges Advance Reverse Academic Diversity |
13 New York City Law Review 1 (Winter 2009) |
One commentator correctly recognizes that a new, transformative racial diversity role at historically black colleges and universities (HBCUs) may be the key to their own survival. More than seventeen years ago, the Supreme Court in United States v. Fordice held that HBCUs must also recruit non-black students in order to dismantle de jure... |
2009 |
Paul R. Baier |
Hugo Black and Judicial Lawmaking: Forty Years in Retrospect |
14 Nexus: Chapman's Journal of Law & Policy Pol'y 3 (2009) |
Forty years ago, law and media converged in spectacular fashion. I am referring to Hugo Black's 1968 television interview on the Court and the Constitution, Justice Black and the Bill of Rights. This was the first television interview in history with a sitting Supreme Court Justice. The interview aired on December 3rd, 1968. The American people... |
2009 |
Vernellia R. Randall |
Inequality in Health Care Is Killing African Americans |
36-FALL Human Rights 20 (Fall, 2009) |
For blacks, health inequalities are the cumulative result of both past and current discrimination throughout U.S. culture. Due to discrimination and limited educational opportunities, blacks disproportionately work in low-pay, high-health-risk occupations (e.g., they are migrant farm workers, fast food workers, garment industry workers). Historic... |
2009 |
Mitchell A. Byrd |
Inherit the Land: Jim Crow Meets Miss Maggie's Will by Gene Stowe | University of Mississippi Press | $35 | 309 Pages | 2006 |
45-JUN Tennessee Bar Journal 32 (June, 2009) |
Inherit the Land is a narrative account of a jury trial in Monroe, Union County, North Carolina, in 1921. The trial is centered on the wills of two white women, Sallie and Maggie Ross, who devised their property to a black man and his daughter, Bob Ross and Mittie Bell Houston. At that time in North Carolina most deeds contained restrictions... |
2009 |
Stephen Clowney |
Invisible Businessman: Undermining Black Enterprise with Land Use Rules |
2009 University of Illinois Law Review 1061 (2009) |
Rates of self-employment in African-American neighborhoods remain feeble. Although the reasons behind the failure of black businesses are complex, zoning regulations play a largely unexamined role in constraining the development of African-American enterprises. Land use fees, municipal zoning board decisions, and the general insistence on... |
2009 |
Bobby Segall |
Jim Crow and Me, Stories from My Life as a Civil Rights Lawyer by Solomon S. Seay, Jr. |
70 Alabama Lawyer 112 (March, 2009) |
I'm not actually a book reviewer. I have no (good) idea about how to evaluate whether a book is laudable literature. But, I do know what feels right, and what moves me-what makes me cry, and what makes me smile. I do know what inspires me and, mostly, I know what is readable and keeps me awake and wanting to read more. Jim Crow and Me, Stories from... |
2009 |
Anthony V. Alfieri |
Jim Crow Ethics and the Defense of the Jena Six |
94 Iowa Law Review 1651 (July, 2009) |
ABSTRACT: This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race... |
2009 |
Leland Ware, David C. Wilson |
Jim Crow on the "Down Low": Subtle Racial Appeals in Presidential Campaigns |
24 Saint John's Journal of Legal Commentary 299 (Fall 2009) |
In 1958, George Wallace campaigned to become the governor of Alabama. His rival, Alabama's Attorney General, was an outspoken segregationist who persuaded state courts to declare the NAACP an illegal organization. The Attorney General was endorsed by the Ku Klux Klan and easily defeated Wallace. After the election, Wallace said, no other... |
2009 |
Alexander J. Chenault |
Jones V. Bennet: the Bifurcated Legal Status of Early Nineteenth Century Free Blacks in Kentucky |
5 Modern American 32 (Spring, 2009) |
In 1829, Henry Clay, then President of the American Colonization Society for the Free People of Color, pronounced: Of all the descriptions of our population, and of either portion of the African race, the free people of color are, by far, as a class, the most corrupt, depraved and abandoned .. They are not slaves, and yet they are not free. The... |
2009 |