| Steven W. Bender |
Knocked down Again: an East L.a. Story on the Geography of Color and Colors |
12 Harvard Latino Law Review 109 (Spring 2009) |
Hector knocked up 3 girls in the gang. There are 27 girls in his gang. What is the exact percentage of girls Hector knocked up? Derogatory racial images have long been a mainstay of media productions from cinema to song. Racial and ethnic humor drawing on stereotypical visions of racial groups is a staple of comedy, particularly on television,... |
2009 |
| Amara S. Chaudhry, Esquire |
Lessons from Jim Crow: What Those Seeking Self-determination for Transgender Individuals Can Learn from America's History with Racial Classification Categories |
18 Temple Political & Civil Rights Law Review 505 (Spring 2009) |
As the non-LGBT Legal Director of an LGBT advocacy organization, I am constantly surprised to learn how seldom advocates for LGBT rights study and seek to learn from the American civil rights struggles of other historically marginalized groups. Recently, however, the LGBT civil rights movement has been increasingly looking to learn from other civil... |
2009 |
| Simi N. A. Junior |
Many Strands: Immigration Reform and the Effect of Mexican Migration on African American Unemployment |
10 Rutgers Race & the Law Review 487 (2009) |
America is woven of many strands; I would recognize them and let it so remain . . . . Our fate is to become one, and yet many--This is not prophecy, but description. The events of that day were unforgettable. A grainy videotape showed a black man being viciously beaten by four white police officers. What appeared to be an act of racial savagery was... |
2009 |
| Stephen Steinberg |
Neoliberal Immigration Policy and its Impact on African Americans |
23 Notre Dame Journal of Law, Ethics & Public Policy 209 (2009) |
This paper builds on my earlier paper,Immigration, African Americans, and Race Discourse, published inNew Politics in 2005. In that paper, I argued that all through American history, beginning with slavery, ruling elites installed a system of occupational apartheid that relegated African Americans to the least desirable jobs in the preindustrial... |
2009 |
| Kevin Brown |
Now Is the Appropriate Time for Selective Higher Education Programs to Collect Racial and Ethnic Data on its Black Applicants and Students |
34 Thurgood Marshall Law Review 287 (Spring, 2009) |
In Parents Involved in Community Schools v. Seattle School District No. 1, all of the Justices reaffirmed their commitment to the 2003 higher education affirmative action decision in Grutter v. Bollinger. Grutter was clearly a victory for affirmative action in higher education. In Grutter, the Court concluded that the affirmative action policy... |
2009 |
| Audrey G. McFarlane |
Operatively White?: Exploring the Significance of Race and Class Through the Paradox of Black Middle-classness |
72 Law and Contemporary Problems 163 (Fall 2009) |
Analytically race and class are theoretically distinct. Realistically in the US they are indistinguishable. [R]ace is . . . the modality in which class is lived . . . . No current discussion of race in the United States is complete without acknowledging the interaction of race and class. Both are overlapping categories of identity that lead to... |
2009 |
| Frank Rudy Cooper |
Our First Unisex President?: Black Masculinity and Obama's Feminine Side |
86 Denver University Law Review 633 (2009) |
People often talk about the significance of Barack Obama's status as our first black President. During the 2008 Presidential campaign, however, a newspaper columnist declared, If Bill Clinton was once considered America's first black president, Obama may one day be viewed as our first woman president. That statement epitomized a large media... |
2009 |
| Anita Bernstein |
Pecuniary Reparations Following National Crisis: a Convergence of Tort Theory, Microfinance, and Gender Equality |
31 University of Pennsylvania Journal of International Law L. 1 (Fall 2009) |
Numerous possible contexts can impel national governments to start reparations programs. From the array of possibilities, this Article focuses on reparations for the effects of a crisis that ravaged a whole nation--for example civil war, genocide, dictatorship, or apartheid--rather than on one discrete, odious deviation from the norms of a... |
2009 |
| Derrick Alan Everett, MFA |
Public Narratives + Reparations in Rwanda: on the Potential of Film as Promoter of International Human Rights + Reconciliation |
7 Northwestern Journal of International Human Rights 103 (Spring, 2009) |
Principally, film has the potential to be a useful and appropriate tool of reparations. The foundational tenets for reparations can be found within the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law... |
2009 |
| Khiara M. Bridges |
Quasi-colonial Bodies: an Analysis of the Reproductive Lives of Poor Black and Racially Subjugated Women |
18 Columbia Journal of Gender and Law 609 (2009) |
This Article analyzes the relationship between the struggle for the recognition of Black women's reproductive rights in the United States and the fight for racial justice. Specifically, it argues that the problematization of poor Black women's fertility--evidenced by the depiction of single Black motherhood as a national crisis, the condemnation of... |
2009 |
| Shelley Buchanan |
Questioning the Political Question Doctrine: Inconsistent Applications in Reparations and Alien Tort Claims Act Litigation |
17 Cardozo Journal of International and Comparative Law 345 (Spring 2009) |
I. Introduction. 345 II. Historical Background of the ATCA. 349 A. Filartiga v. Pena-Irala. 349 B. Sosa v. Alvarez-Machain. 352 III. The Political Question Doctrine. 354 A. Historical Background. 354 B. Statements of Interest by the State Department. 355 IV. Reparations Movements. 361 A. Historical Background. 363 1. Holocaust Era Litigation. 364... |
2009 |
| L. Darnell Weeden |
Racial Profiling and the Implications of Jena Six in Undermining the Civil Rights of Blacks in America |
36 Southern University Law Review 239 (Spring, 2009) |
The issue to be addressed is whether a prosecutor's use of discretion targeting individuals because of race, constitutes race profiling in violation of the Equal Protection Clause under the Fourteenth Amendment of the United States Constitution. In my opinion arbitrary use of discretion by a prosecutor to target any individual because of race is a... |
2009 |
| Hao Duy Phan |
Reparations to Victims of Gross Human Rights Violations: the Case of Cambodia |
4 East Asia Law Review 277 (Fall, 2009) |
The world community has introduced various legal instruments regarding reparations for gross violations of human rights. In Cambodia, however, reparations for those seriously and systematically deprived of their rights by the Khmer Rouge regime remain an unresolved issue, even after the establishment of the Extraordinary Chambers in the Courts of... |
2009 |
| Artika Tyner, Esq. |
Robust Exchange of Ideas and the Presence of the African American Voice in the Law School Environment: a Review of Literature |
5 Modern American 37 (Spring, 2009) |
People of color represent about 30% of the United States population, but less than 10% of lawyers. African-Americans represent approximately 13% of the United States population, but only 6.8% of enrolled law students. The rate of admission of African-Americans to law schools has experienced a continual decline, diminishing the racial diversity of... |
2009 |
| Yael Weitz |
Rwandan Genocide: Taking Notes from the Holocaust Reparations Movement |
15 Cardozo Journal of Law & Gender 357 (Winter 2009) |
The devastating scale and scope of World War II brought about the international community's recognition of victims' rights. In the years after the war, the international community came to acknowledge victims as a distinct group, deserving of reparations for their physical and emotional damage. Moreover, the reparations movement that developed in... |
2009 |
| Marques P. Richeson |
Sex, Drugs, and . . . Race-to-castrate: a Black Box Warning of Chemical Castration's Potential Racial Side Effects |
25 Harvard BlackLetter Law Journal 95 (Spring 2009) |
I. History of Castration in the United States: Eliminating the Unfit . 98 II. The Middle Passage: From Circumcision to Castration. 101 III. History of Black Male Castration: Demasculinization, Dehumanization, and Invisibility. 103 A. Castration as a Tool of Demasculinization. 107 B. Castration as a Tool of Dehumanization. 108 C. Castration as a... |
2009 |
| Jason Levy |
Slavery Disclosure Laws: for Financial Reparations or for "Telling the Truth?" |
2009 Columbia Business Law Review 468 (2009) |
I. Introduction. 469 II. Background. 472 A. Prior Attempts to Secure Financial Reparations through Litigation or Legislation. 474 B. Prior Attempts to Secure Historical Acknowledgment Reparations. 479 III. Modes of Reparations Applied to Slavery Disclosure Laws. 483 A. Slavery Disclosure Laws as Promoting Financial Reparations Lawsuits. 483 B.... |
2009 |
| William Darity Jr. |
Stratification Economics: Context Versus Culture and the Reparations Controversy |
57 University of Kansas Law Review 795 (May, 2009) |
The general intent of any program of reparations for a grievous injustice should be threefold: acknowledgment, redress (restitution or atonement ), and closure. Acknowledgment involves recognition and admission of the wrong by the perpetrators and/or beneficiaries of the wrong. In the case of blacks, this would mean the receipt of a formal apology... |
2009 |
| Gloria J. Browne-Marshall |
The African American Journey |
36-FALL Human Rights 1 (Fall, 2009) |
This edition of Human Rights magazine provides an opportunity to examine American history through the prism of the African American experience. I find it a daunting task to place in sum the journey of a people as diverse, unique, and complicated as African Americans. The space allotted is small. The journey could span over five hundred years in... |
2009 |
| Eric E. Johnson |
The Black Hole Case: the Injunction Against the End of the World |
76 Tennessee Law Review 819 (Summer, 2009) |
Underneath the countryside of Switzerland and France is the largest machine ever built. Seventeen miles around and requiring as much electricity as a medium-sized city, it is designed to create conditions hotter than any star in our galaxy. The thousands of scientists hovering over the device hope that when it reaches full power it will create... |
2009 |
| Dartanyon Burrows |
The Debate over the Current Reparations Movement |
2 the crit: a Critical Studies Journal 99 (Spring, 2009) |
One of my favorite events of the summer is the annual Obon Festival, held by the members of the Idaho-Oregon Buddhist Temple in a small farming community where I grew up. The vast majority of Temple members are Japanese American. The Obon is a Japanese tradition, held to honor and remember ancestors and to celebrate community. The Temple's festival... |
2009 |
| Lynette L. Danley, PhD |
The Diary of M.a.d. Black Mama: the Blessings of Reality |
11 Journal of Law and Family Studies 427 (2009) |
Dear Diary, for a Black mama raising a Black boy in Utah, I just knew life wasn't gone be no crystal stair, if there were would be any stairs at all. Ah yes, Langston Hughes had it right when he said: Well, son, I'll tell you: Life for me ain't been no crystal stair. It's had tacks in it, And splinters, And boards torn up, And places with no... |
2009 |
| Lynette L. Danley, PhD |
The Diary of M.a.d. Black Mama: the Blessings of Reality |
2009 Utah Law Review 475 (2009) |
Dear Diary, for a Black mama raising a Black boy in Utah, I just knew life wasn't gone be no crystal stair, if there were would be any stairs at all. Ah yes, Langston Hughes had it right when he said: Well, son, I'll tell you: Life for me ain't been no crystal stair. It's had tacks in it, And splinters, And boards torn up, And places with no... |
2009 |
| Rebecca Vallas |
The Disproportionality Problem: the Overrepresentation of Black Students in Special Education and Recommendations for Reform |
17 Virginia Journal of Social Policy and the Law 181 (Fall 2009) |
I. Introduction and Background. 181 A. Eligibility for Special Education Services Under the IDEA. 181 B. The Disproportionality Problem. 184 II. The Nature of the Problem. 185 A. Possible Causes of Disproportionality. 185 1. Biological and Environmental Factors. 186 2. Bias in Assessment and Referral. 187 3. Lack of Cultural Responsiveness. 188 B.... |
2009 |
| Rucker C. Johnson , Steven Raphael , University of California, Berkeley, University of California, Berkeley |
The Effects of Male Incarceration Dynamics on Acquired Immune Deficiency Syndrome Infection Rates among African American Women and Men |
52 Journal of Law & Economics 251 (May, 2009) |
This paper investigates the connection between incarceration dynamics and acquired immune deficiency syndrome (AIDS) infection rates, with particular emphasis on the black-white AIDS rate disparity. Using case-level U.S. data spanning 1982-96, we model the dynamic relationship between AIDS infection rates and the proportion of men in the age-,... |
2009 |
| Kevin Outterson |
The End of Reparations Talk: Reparations in an Obama World |
57 University of Kansas Law Review 935 (May, 2009) |
Several years ago, I wrote an article on reparations for disparities in Black health in the United States. The world did little note nor long remember what I said in that article. But, the University of Kansas Law Review has rescued my thoughts from obscurity, at least temporarily. My thesis proceeded in three parts: (1) U.S. disparities in Black... |
2009 |
| Ronald Caldwell Jr. |
The Erosion of Affirmative Action and its Consequences for the Black-white Educational Attainment Gap |
57 University of Kansas Law Review 813 (May, 2009) |
The disparity in economic outcomes between whites and blacks in the United States has long been an important social and political issue. While there are many factors contributing to this economic gulf, a crucial element is undoubtedly the large and pervasive gap that exists in the level of educational attainment between whites and blacks. It is... |
2009 |
| Verna L. Williams |
The First (Black) Lady |
86 Denver University Law Review 833 (2009) |
I stand here at the crosscurrents of history. With those words, Michelle Obama claimed two pivotal moments: the women's struggle for suffrage and the Black civil rights movement. Each of these made it possible for her husband and his former opponent, Hillary Rodham Clinton, to be considered for the nation's highest office. But Mrs. Obama referred... |
2009 |
| David G. Savage |
The Future in Black and White |
95-JUN ABA Journal 18 (June, 2009) |
FOR MUCH OF THIS TERM, the U.S. Supreme Court spent its time tweaking the law in relatively narrow cases. But in late April, the justices took up several disputes with broader stakes. None looks to be more important than the pair of cases on race and civil rights. Both are legacies of the 1960s and the national commitment to end racial... |
2009 |
| Carlton Waterhouse |
The Good, the Bad, and the Ugly: Moral Agency and the Role of Victims in Reparations Programs |
31 University of Pennsylvania Journal of International Law 257 (Fall 2009) |
In the ongoing debate over reparations for slavery and its legacy in the United States, much of the reparations scholarship pays little attention to the quality of past reparations programs implemented domestically or abroad. Most commentators emphasize the need for former wrongdoers to make apology, recompense, or restitution rather than looking... |
2009 |
| Tracey Meares |
The Legitimacy of Police among Young African-american Men |
92 Marquette Law Review 651 (Summer 2009) |
Introduction by Dean Joseph D. Kearney It is a privilege for me to introduce the George and Margaret Barrock Lecture. Permit me to begin by saying a few words about the individuals in whose memory this lecture stands. While I would do this in any event, it is especially appropriate to do so this year, for this is the inaugural Barrock Lecture.... |
2009 |
| Montré D. Carodine |
The Mis-characterization of the Negro: a Race Critique of the Prior Conviction Impeachment Rule |
84 Indiana Law Journal 521 (Spring, 2009) |
The election of Barack Obama as the nation's first Black President was a watershed moment with respect to race relations in the United States. Obama's election removed what to many seemed a nearly insurmountable racial barrier. Yet as he transitions into his historic role and his family becomes the first Black occupants of the White House, scores... |
2009 |
| Jared L. Watkins |
The Right to Reparations in International Human Rights Law and the Case of Bahrain |
34 Brooklyn Journal of International Law 559 (2009) |
The evolution of international law towards a system capable of promoting global justice has been accompanied by a growing consensus that States bear an obligation both to punish wrongdoers and to act on behalf of victims in the wake of widespread, systematic human rights abuses. In fact, U.N. General Assembly Resolution 60/147, Basic Principles... |
2009 |
| Tanya M. Washington |
Throwing Black Babies out with the Bathwater: a Child-centered Challenge to Same-sex Adoption Bans |
6 Hastings Race and Poverty Law Journal 1 (Winter 2009) |
Children, for whom the state acts as parent, are particularly vulnerable and in need of protection. Ironically, in the context of bans that categorically prohibit adoption by gays and lesbians, it is state action that limits placement opportunities and denies orphans the protection they deserve. The specific focus of this article is the impact on... |
2009 |
| Roy L. Brooks |
Toward a Post-atonement America: the Supreme Court's Atonement for Slavery and Jim Crow |
57 University of Kansas Law Review 739 (May, 2009) |
Little if any attention in the national discourse on reparations has been given to the question of whether the United States Supreme Court has an institutional moral duty to atone for its participation in the atrocities of slavery and Jim Crow. By atonement I mean two things: a statement of apology and an act of redemption that concretizes the... |
2009 |
| Carla D. Pratt |
Way to Represent: the Role of Black Lawyers in Contemporary American Democracy |
77 Fordham Law Review 1409 (March, 2009) |
It is an axiomatic principle of constitutional law that our nation was founded as a race-conscious liberal democracy. The U.S. Constitution, as originally drafted and adopted, recognized as citizens only those persons who could be considered racially white. The U.S. Supreme Court, in its infamous Dred Scott v. Sandford decision, held that persons... |
2009 |
| Jennifer M. Keys |
When They Need Us Most: the Unaddressed Crisis of Mentally Ill African American Children in the Juvenile Justice System |
2 DePaul Journal for Social Justice 289 (Spring 2009) |
The prison became our employment policy, our drug policy, our mental health policy, in the vacuum left by the absence of more constructive efforts. - scholar Elliot Currie. Minorities remain overrepresented in the juvenile justice system. Law enforcement continues to arrest, detain, charge and confine minority youth offenders, specifically Black... |
2009 |
| Angela Mae Kupenda , Tiffany R. Paige |
Why Punished for Speaking President Obama's Name Within the Schoolhouse Gates? And Can Educators Constitutionally Truth-en Marketplace of Ideas about Blacks? |
35 Thurgood Marshall Law Review 57 (Fall, 2009) |
The election of a black President, Barack Hussein Obama, challenges many negative conceptions about blacks. This article will address some challenged norms and whether concerned educators can constitutionally and affirmatively address these challenges. Immediately after the November 4, 2008 election, and even before the official swearing in of... |
2009 |
| Elizabeth A. Hoffman |
A Wolf in Sheep's Clothing: Discrimination Against the Majority Undermines Equality, While Continuing to Benefit Few under the Guise of Black Economic Empowerment |
36 Syracuse Journal of International Law and Commerce 87 (Fall 2008) |
While over a decade has passed since apartheid, South Africa still has large obstacles to overcome in order to achieve equality among all of their citizens. Today's society remains stricken by the hierarchal racial structure implemented by the apartheid government of the past. This exemplifies the current construction of South African society, with... |
2008 |
| A. Jerome Dees |
Access or Interest: Why Brown Has Benefited African-american Women More than Title Ix |
76 UMKC Law Review 625 (Spring, 2008) |
In May 1954, the United States Supreme Court ruled in Brown v. Board of Education that separate but equal doctrine was an inherently disparate and unconstitutional means of delivering education to African-American children. Less than twenty years later, Congress legislated that women should have the same educational opportunities afforded to men... |
2008 |
| Kimberly Jade Norwood |
Adult Complicity in the Dis-education of the Black Male High School Athlete & Societal Failures to Remedy His Plight |
34 Thurgood Marshall Law Review 21 (Fall, 2008) |
This essay is being published in conjunction with a Symposium hosted by the Thurgood Marshall Law School on Education and the Bewilderment of Race. Given the Supreme Court's retreat from what Brown v. Board of Education of Topeka, Shawnee County, Kansas, et. al, stood for in its 2007 decision in Parents Involved in Community Schools v. Seattle... |
2008 |
| Latonia Williams |
African American Homeownership and the Dream Deferred: a Disparate Impact Argument Against the Use of Credit Scores in Homeownership Insurance Underwriting |
15 Connecticut Insurance Law Journal 295 (Fall, 2008) |
This casenote argues that African-American homeownership is disparately impacted by the discriminatory use of credit scores in homeowner insurance underwriting, asserting a violation of § 3604 of the Fair Housing Act and advocating Congressional action banning this practice. The history of the American Dream of homeownership has historically been... |
2008 |
| Laura Miller, Salon.com |
Are You White Enough? From Jim Crow Laws to Workplace Discrimination, the History of Race and the American Courtroom Is Incendiary |
34-NOV Montana Lawyer 22 (November, 2008) |
Come January, Barack Obama will be sworn in as either the first black president of the United States or the 44th white one, or both, or neither, depending on how you interpret his race. Race is such a monumental force in American culture and politics that the idea that it has to be interpreted may strike many people as bizarre. Of course Obama is... |
2008 |
| Jason A. Gillmer |
Base Wretches and Black Wenches: a Story of Sex and Race, Violence and Compassion, During Slavery Times |
59 Alabama Law Review 1501 (2008) |
Abstract. 1501 Introduction. 1502 I. The Old Three Hundred. 1507 II. A Slave Country. 1515 III. The Intimate Life of Masters and Slaves. 1529 IV. The Politics of Race and Love. 1540 V. Verdict and Conclusion. 1546 |
2008 |
| Kareem U. Crayton |
Beat 'Em or Join 'Em? White Voters and Black Candidates in Majority-black Districts |
58 Syracuse Law Review 547 (2008) |
Introduction. 547 I. A Racial Divide in Politics. 550 II. Majority Rule and Racial Minorities. 555 A. Black Voters in Majority-White Districts. 554 B. Black Candidates in Majority-White Settings. 557 III. Majority-Minority Districts: Racial Competition or Coalitions?. 559 A. Methods, Data and Analysis. 561 B. Analysis. 566 C. Discussion. 571 Tables... |
2008 |
| Julie A. Seaman |
Black Boxes |
58 Emory Law Journal 427 (2008) |
The metaphor of the black box has often been used to describe the qualities of the human mind; likewise, the jury box is frequently referred to as a black box. In both contexts, the metaphor is apt because of the inscrutability of the process that gives rise to the outputs that emanate from each. Recent advances in brain imaging techniques have now... |
2008 |
| |
Black Children Are Being Served by Mepa a Response to the Donaldson Institute Report |
27 No. 6 Child Law Practice 92 (August, 2008) |
Last month's CLP shared findings from a report by the Evan B. Donaldson Institute on the impact of the Multiethnic Placement Act (MEPA) on black children in the child welfare system. The report outlined four concerns relating to the effectiveness of MEPA for black children and called for amending MEPA to permit considering race in permanency... |
2008 |
| Alfreda A. Sellers Diamond |
Black, White, Brown, Green, and Fordice: the Flavor of Higher Education in Louisiana and Mississippi |
5 Hastings Race and Poverty Law Journal 57 (Winter 2008) |
The question of race and its place in American life can appear in the most unpredictable and the most predictable places. We could not have predicted our encounter with the ire and laughter raised in the midst of the Martin Luther King Day 2006 comments of New Orleans Mayor Ray Nagin. Mayor Nagin spoke of the will of God in the creation and... |
2008 |
| Leandra Zarnow |
Braving Jim Crow to Save Willie Mcgee: Bella Abzug, the Legal Left, and Civil Rights Innovation, 1948-1951 |
33 Law and Social Inquiry 1003 (Fall, 2008) |
This article considers the role of Bella Abzug, lead counsel for Willie McGee from 1948-1951, in shaping the defense of this Cold War era Mississippi rape case. Representing McGee left an indelible mark on Abzug: she made her first trip south, wrote her first Supreme Court petition, and faced her first death threat. Participation in the Left legal... |
2008 |
| Lieutenant Colonel George R. Smawley |
By the Content of Character: the Life and Leadership of Major General Kenneth D. Gray (Ret.) (1966-1997), the First African-american Judge Advocate General Officer |
195 Military Law Review 128 (Spring, 2008) |
At this crucial time in our history, we must look back to the generations of Soldiers who came before us and know that they were led by visionary and principled leaders; that their service was based on a foundation of values; that they are the epitome of commitment, competence, candor, courage, and compassion; and that they shared a willingness to... |
2008 |