| Author | Title | Citation | Summary | Year |
| Arin N. Reeves |
Colored by Race |
37-SPG Brief 28 (Spring, 2008) |
Does race color the way in which minority practitioners are evaluated by hiring committees in large law firms? Although there have always been stories and egregious examples, these anecdotes have often been dismissed as atypical and not representative of a profession that says it is committed to diversity. But Colored by Race: The Evaluation of... |
2008 |
| K.J. Greene |
Copynorms, Black Cultural Production, and the Debate over African-american Reparations |
25 Cardozo Arts and Entertainment Law Journal 1179 (2008) |
I. African-American Creativity, Invention and innovation in historical context. 1182 A. Racial Subordniation in the Intellectual Property Context. 1183 B. Invisibility of Black Cultural Production in the Intellectual Property Context. 1184 C. The Centrality of African-American Cultural Production to U.S. Culture and Law. 1185 D. Black Creativity in... |
2008 |
| Shawn D. Stuckey |
Decreasing the Accessibility to Criminal History Records to Diminish the Devastating Impacts of Collateral Effects on African Americans in Minnesota |
27 Chicana/o-Latina/o Law Review 203 (2008) |
Does the state feel that people are ever rehabilitated? Collateral effects are invisible, civil punishments attachedto any crime. Collateral effects arise immediately following an arrest, but affect individuals more harshly upon conviction. Collateral effects impinge on minorities at an astoundingly disproportionate rate; but much more than any... |
2008 |
| Kevin Brown , Jeannine Bell |
Demise of the Talented Tenth: Affirmative Action and the Increasing Underrepresentation of Ascendant Blacks at Selective Higher Educational Institutions |
69 Ohio State Law Journal 1229 (2008) |
The Negro race, like all races, is going to be saved by its exceptional men. The problem of education, then, among Negroes must first of all deal with the Talented Tenth; it is the problem of developing the Best of this race that they may guide the Mass away from the contamination and death of the Worst, in their own and other races. Selective... |
2008 |
| Rudolph Alexander, Jr. |
Differential Laws for African Americans: Inequality from the past Continues to the Present |
25 Thomas M. Cooley Law Review 27 (2008) |
A number of scholars and professionals have indicated that race remains the most intractable and enduring social problem facing American society, despite a few African Americans acknowledging that racial inequality has lessened. There are many individuals who do not see racial inequality, contending that African Americans cite race unjustifiably... |
2008 |
| Dania Palanker |
Enslaved by Pain: How the U.s. Public Health System Adds to Disparities in Pain Treatment for African Americans |
15 Georgetown Journal on Poverty Law and Policy 847 (Fall, 2008) |
Race-based health disparities have garnered significant attention from researchers and policy makers. African Americans have poorer access to care, receive lower quality healthcare treatment, and have poorer health outcomes than whites. In recent years, it has become clear that African Americans also receive poorer pain treatment. The problem of... |
2008 |
| Mitchell F. Crusto |
Enslaved Constitution: Obstructing the Freedom to Travel |
70 University of Pittsburgh Law Review 233 (Winter 2008) |
Does the Constitution protect a citizen's intra-state travel (within a state) from unjustified state prohibition? To date, the Supreme Court has not ruled directly on the issue, and many federal courts believe that the right to intra-state travel is not constitutionally protected. This Article explores the constitutional right of intra-state travel... |
2008 |
| Marguerite L. Spencer |
Environmental Racism and Black Theology: James H. Cone Instructs Us on Whiteness |
5 University of Saint Thomas Law Journal 288 (Winter 2008) |
I. Introduction. 288 II. Context. 290 A. Environmental Racism. 290 B. The Environmental Justice Movement. 293 C. Governmental Responses. 295 III. James H. Cone and Whiteness. 297 A. Black Theology. 297 B. White Theology. 299 C. The White Problem. 301 D. White American Structures. 302 IV. Toward an Ecological Ethic of True Reconciliation. 303 A.... |
2008 |
| Robert J. Condlin |
Every Day and in Every Way We Are All Becoming Meta and Meta, or How Communitarian Bargaining Theory Conquered the World (Of Bargaining Theory) |
23 Ohio State Journal on Dispute Resolution 231 (2008) |
Meta argument goes beyond the frame of reference of another person to a conversation to trump that person's views with those of a higher order. A speaker paraphrases the other person's position, usually in a slightly caricatured form, and then rejects it as simplistic, beside the point, or incomplete, judged from the speaker's more fully developed... |
2008 |
| Hannibal Travis |
Genocide in Sudan: the Role of Oil Exploration and the Entitlement of the Victims to Reparations |
25 Arizona Journal of International & Comparative Law 1 (Spring, 2008) |
Just as war can be a form of politics carried on by other means, so can genocide represent economic policy carried out by means of mass murder. Genocide is often the outcome of acts designed to enrich a dominant racial, ethnic, religious, or political group at the expense of smaller, weaker, or supposedly inferior groups that possess valuable... |
2008 |
| Jordan E. Dollar |
Haiti Is Black! Racial Essentialism and United States Involvement in the 2004 Removal of President Aristide |
20 Saint Thomas Law Review 642 (Spring 2008) |
Haiti is black, and we have not yet forgiven Haiti for being black or forgiven the Almighty for making her black. In this enlightened act of repentance and forgiveness, our boasted civilization is far behind all other nations. -- Frederick Douglass I. Introduction. 643 II. The Historical Relationship. 643 A. The Slave Revolution of 1804. 643 B.... |
2008 |
| Johanna Miller Lewis |
History of the Alternative Desegregation Plan and the Black Community's Perspective and Reaction |
30 University of Arkansas at Little Rock Law Review 363 (Winter, 2008) |
In the traditional tale of the Little Rock crisis, a racially progressive southern city embraced the Brown v. Board of Education decision and prepared a court-approved school integration plan, only to be blindsided by Governor Orval Faubus when he called out the Arkansas National Guard to prevent the integration of Central High School. To make... |
2008 |
| David B. Wilkins |
If You Can't Join 'Em, Beat 'Em! the Rise and Fall of the Black Corporate Law Firm |
60 Stanford Law Review 1733 (April, 2008) |
Introduction. 1734 I. From Sharing Space to Sharing Dreams. 1739 A. A Starvation Profession. 1740 B. A Typology of Black Corporate Law Firms. 1742 1. First movers: Neotraditionalists and Start-Ups. 1742 2. Act Two: The Dropouts drop in. 1744 II. Building a Better Mousetrap: 1965-1990. 1747 A. Translating Public Power into Private Gain. 1748 B.... |
2008 |
| Franita Tolson |
Increasing the Quantity and the Quality of the African-american Vote: Lessons for 2008 and Beyond |
10 Berkeley Journal of African-American Law & Policy 313 (2008) |
Elections for state and congressional representatives are often referenda on the national presidential election, and African-Americans have, at times, been the swing vote in these contests. One notable example is the contentious presidential election campaign of 1800 between Thomas Jefferson and John Adams. This election marked the first time that... |
2008 |
| |
Is Mepa/iep Working for African American Children? |
27 No. 5 Child Law Practice 79 (July, 2008) |
A new report by the Evan B. Donaldson Adoption Institute challenges transracial adoption policies and practices relating to African American children. The report recommends fine-tuning these policies and practices to better meet the needs of waiting African American children. The Multiethnic Placement Act of 1994 (MEPA) and the Removal of Barriers... |
2008 |
| Philip Goodman |
It's Just Black, White, or Hispanic: an Observational Study of Racializing Moves in California's Segregated Prison Reception Centers |
42 Law and Society Review 735 (December, 2008) |
This article takes as its launching point a 2005 U. S. Supreme Court case, Johnson v. California (543 U.S. 499), which ruled that the California Department of Corrections' unwritten practice of racially segregating inmates in prison reception centers is to be reviewed under the highest level of constitutional review, strict scrutiny. Relying on... |
2008 |
| Naim S. Surgeon |
Jena, Louisiana: a Hate Crime? The Gray Areas Between What's Black, What's White and What Really Happened |
10 Rutgers Race & the Law Review 224 (Special Edition 2008) |
Hate crimes have long devastated the American landscape. In an effort to curb race and gender-based hatred, and in large part due to the efforts of the Anti-Defamation League's model hate crime statute , laws have proliferated in almost every state that criminalize the conduct of individuals who harm others based on bias. These laws are also in our... |
2008 |
| Kevin D. Brown , Vinay Sitapati |
Lessons Learned from Comparing the Application of Constitutional Law and Federal Anti-discrimination Law to African-americans in the U.s. and Dalits in India in the Context of Higher Education |
24 Harvard BlackLetter Law Journal 3 (Spring 2008) |
In this Article the authors will compare the development of constitutional law and federal anti-discrimination law in the context of higher education of African-Americans in the U.S. with Dalits in India. Both groups suffer from oppression and discrimination based upon a hereditary trait and related to their integration into mainstream society;... |
2008 |
| Erica Chito Childs |
Listening to the Interracial Canary: Contemporary Views on Interracial Relationships among Blacks and Whites |
76 Fordham Law Review 2771 (May, 2008) |
In 1967, the award-winning film Guess Who's Coming to Dinner, fresh on the heels of the much referenced U.S. Supreme Court decision in Loving v. Virginia, wrestled with how an older white couple handled their daughter bringing home a black fiancé. While the film ended with the white father offering his support, he lamented the unimaginable... |
2008 |
| Anthony A. Braga, David Hureau, Christopher Winship |
Losing Faith? Police, Black Churches, and the Resurgence of Youth Violence in Boston |
6 Ohio State Journal of Criminal Law 141 (Fall, 2008) |
Boston received national acclaim for its innovative approach to preventing youth violence in the 1990s. The well-known Operation Ceasefire initiative was an interagency violence prevention intervention that focused enforcement and social service resources on a small number of gang-involved offenders at the heart of the city's youth violence... |
2008 |
| Mia Swart |
Name Changes as Symbolic Reparation after Transition: the Examples of Germany and South Africa |
9 German Law Journal 105 (2/1/2008) |
Almost half of all Holocaust victims remain nameless statistics. Just over three million names of Jewish Holocaust victims are known today, representing little more than half of the victims. It is estimated that when all names are retrieved from published and unpublished documents the total number may rise to four million, which leaves two million... |
2008 |
| Diane J. Klein |
Naming and Framing the "Subject" of Antebellum Slave Contracts: Introducing Julia, "A Certain Negro Slave," "A Man," Joseph, Eliza, and Albert |
9 Rutgers Race & the Law Review 243 (2008) |
There is such perfect union between the spiritual quest for awareness, enlightenment, self-realization, and the struggle of oppressed people, colonized people to change our circumstance, to resist -- to move from object to subject .. -- bell hooks, 1990 [T]oil with him in the field -- sleep with him in the cabin -- feed with him on husks . behold... |
2008 |
| Thomas W. Joo |
Natural Is Not in It: Disaster, Race, and the Built Environment Review of after the Storm: Black Intellectuals Explore the Meaning of Hurricane Katrina Edited by David Dante Troutt. New York: New Press. 2006. Pp. Xxvii, 164. $22.95 |
56 Cleveland State Law Review 403 (2008) |
I. Choices Shape Places. 404 II. Choices Assign People to Places. 407 III. Choices, Economic Interests, and Markets. 413 |
2008 |
| Cleveland Ferguson III |
Of Republicrats and Dempublicans: Can African American Voting Patterns at the Local Level Translate into Broader Support for National Republican Candidates? |
19 University of Florida Journal of Law and Public Policy 191 (August, 2008) |
The 2008 election season offers Americans in general, and voters in particular, the rare opportunity to impact the country's direction. This election forces voters to grapple with its historical identity, acknowledge its recent challenges, and prepare for its future. This is not an election where voters base their decision on which candidate would... |
2008 |
| Lauren E. Burke |
One Strike Evictions in Public Housing and the Disparate Impact on Black Public Housing Tenants in Washington, D.c. |
52 Howard Law Journal 167 (Fall 2008) |
The Fourteenth Amendment of the United States Constitution provides that No State shall . . . deprive any person of life, liberty or property, without due process of law . . . This clause is commonly referred to as the Due Process Clause because in order to limit or eliminate a person's enjoyment of the constitutional guarantees of life, liberty... |
2008 |
| Otis B. Grant |
President Ronald Reagan and the African-american Community: Harmful Stereotyping and Games of Choice in Market-oriented Policy Reform |
25 Thomas M. Cooley Law Review 57 (2008) |
During United States President Ronald Reagan's state funeral and shortly thereafter, much was made of the absence of mourning and the lack of sadness in the African-American community. While many people in the white community mourned his death and had nothing but praise for Reagan, in the black community, he was not held in such high regard.... |
2008 |
| Fernne Brennan |
Race Rights Reparations: Exploring a Reparations Framework for Addressing Trade Inequality |
30 Hamline Journal of Public Law and Policy 89 (Fall 2008) |
Tearing people from their families, communities, culture and economies for the purpose of commerce, underpinned by racial discrimination is clearly a moral wrong that the legal system should correct. When it comes to the African Holocaust, however, the narrative shifts. Why rake up the past? Why should Europe carry the guilt? Pay? The relevance to... |
2008 |
| Shani M. King |
Race, Identity, and Professional Responsibility: Why Legal Services Organizations Need African American Staff Attorneys |
18 Cornell Journal of Law & Public Policy Pol'y 1 (Fall 2008) |
Given the fundamental importance of the attorney-client relationship in securing favorable outcomes for clients, legal services organizations that serve large populations of African Americans should employ African American staff attorneys because: (1) African American lawyers and clients share a group identity that makes it more likely that a black... |
2008 |
| Danielle Boaz |
Religious Reparations from the Trans-atlantic Slave Trade: Forming Demons, Cults, and Zombies to Justify Black Enslavement |
20 Saint Thomas Law Review 604 (Spring 2008) |
I. Introduction. 605 II. The Historical Source of the Problem. 606 A. Christianity as a Justification for Slavery. 606 B. Colonial Laws Requiring Slave Conversion. 607 C. Colonial Laws Prohibiting Practice of African Religions. 607 III. Relevant International Principles. 609 IV. Projection of Future Trends. 612 V. Recommendation. 615 A. The... |
2008 |
| Daniel E. Witte, Paul T. Mero |
Removing Classrooms from the Battlefield: Liberty, Paternalism, and the Redemptive Promise of Educational Choice |
2008 Brigham Young University Law Review 377 (2008) |
Utah's new school voucher law has meant many things to many people. For the thirty-seven percent of our Hispanic and African- American public-school students who do not graduate with a high-school diploma, Utah's voucher law represented a sense of hope and opportunity. For opponents of educational choice, the voucher law is un-American and a threat... |
2008 |
| Lorie M. Graham |
Reparations, Self-determination, and the Seventh Generation |
21 Harvard Human Rights Journal 47 (Winter 2008) |
In each deliberation, we must consider the impact of our decisions on the next seven generations. --Great Law of the Haudenosaunee [T]he grandmothers and grandfathers . . . thought about us as they lived, confirmed in their belief of a continuing life . . . . --Simon Ortiz, Poet and Writer Indigenous teachings on law and family help define our... |
2008 |
| Angela Mae Kupenda and Jacqueline M. Jackson, Ph.D. |
Reversing White Flight and Reversing Black Flight: Legal Integrative (In)voluntary Movements Post Pics |
34 Thurgood Marshall Law Review 93 (Fall, 2008) |
The core holding of Brown v. Board of Education and its progeny is not dead. Living in an integrated society is a compelling and constitutional goal, especially where the country is actually becoming increasingly diverse, and less white, in its overall citizenry. Better-integrated education is one very important way to achieve that goal. Although... |
2008 |
| Aric K. Short |
Slaves for Rent: Sexual Harassment in Housing as Involuntary Servitude |
86 Nebraska Law Review 838 (2008) |
I. Introduction. 839 II. Qualifying and Quantifying Sexual Harassment in Housing. 843 A. What Constitutes Residential Sexual Harassment?. 844 B. Measuring the Incidence. 847 1. Empirical Studies. 847 2. Official Data. 849 3. Case Law. 853 4. Investigative Journalism. 854 III. The FHA as an Imperfect Vehicle for Residential Sexual Harassment Claims.... |
2008 |
| Don Corbett |
Stunted Growth: Assessing the Stagnant Enrollment of African-american Students at the Nation's Law Schools |
18 Temple Political & Civil Rights Law Review 177 (Fall 2008) |
In 1844, Macon B. Allen successfully passed the bar examination in the state of Maine. In most historical contexts, this would have been fairly uneventful news. Allen's successful exam performance, however, enabled him to become the first African-American lawyer in the United States. While there is little documentation of his personal reaction to... |
2008 |
| Constance Dionne Russell |
Styling Civil Rights: the Effect of § 1981 and the Public Accommodations Act on Black Women's Access to White Stylists and Salons |
24 Harvard BlackLetter Law Journal 189 (Spring 2008) |
I. Introduction. 190 II. Interlocking of Hair and History for Black Women: An Expression of Self. 194 III. Denial of Service to Black Female Patrons. 198 A. Hairy Social Connotations. 198 B. Lack of Legitimate Connection Between Race and Hair. 199 IV. Legislative History of § 1981. 200 V. Implications of the Judicial Interpretation of § 1981. 202... |
2008 |
| Jessica Dixon |
The African-american Child Welfare Act: a Legal Redress for African-american Disproportionality in Child Protection Cases |
10 Berkeley Journal of African-American Law & Policy 109 (2008) |
Where are the courts for the white children? Why are most of the families in the Juvenile Court African-American? Is there a reason that there are more African-American families in the child welfare system? These are questions posed to me by law students over the last six years of teaching and supervising law students in the W.W. Caruth, Jr.... |
2008 |
| Marc L. Miller, Ronald F. Wright |
The Black Box |
94 Iowa Law Review 125 (November, 2008) |
Introduction. 127 I. Reasons That Reveal the Internal Regulation of Prosecutors. 133 A. Reasons of Procedure: Executive Exclusion. 137 B. Reasons of Substance: The Criminal Law. 141 C. Reasons of Proof: Victims and Prior Relationships. 145 D. Reasons of Policy: Resource Limits. 148 E. Summary: The Legal Foundations of Reasoned Discretion. 153 II.... |
2008 |
| L. Darnell Weeden |
The Black Eye of Hurricane Katrina's Post Jim Crow Syndrome Is a Basic Human Dignity Challenge for America |
37 Capital University Law Review 93 (Fall, 2008) |
When Hurricane Katrina landed in New Orleans on its path of destruction in the early morning hours of August 29, 2005, I immediately assumed that it was just another major natural disaster, and that public officials had an adequate plan to help anyone who needed help in New Orleans and the Gulf Coast region. My assumption was that the government's... |
2008 |
| Alyssa N. Daniels , Kristian Rasmussen |
The Farm Bill Opens Doors for Black Farmers |
69 Alabama Lawyer 410 (November, 2008) |
In May of this year, Congress approved new legislation opening the doors for black farmers across the country. The Food, Conservation and Energy Act of 2008, appropriately labeled the Farm Bill, provides black farmers with an opportunity to seek legal compensation for illegal discrimination by the United States Government. Black farmers are... |
2008 |
| Donald F. Tibbs , Tryon P. Woods |
The Jena Six and Black Punishment: Law and Raw Life in the Domain of Nonexistence |
7 Seattle Journal for Social Justice 235 (Fall/Winter 2008) |
[W]e must firmly place ourselves in another space to describe our age, the age and space of raw life .. It is a place where life and death are so entangled that it is no longer possible to distinguish them, or to say what is on the side of the shadow or its obverse. --Achille Mbembe The welcome sign at the entrance to Jena, Louisiana, describes it... |
2008 |
| Graham P. Shaffer |
The Leesburg Stockade Girls: Why Modern Legislatures Should Extend the Statute of Limitations for Specific Jim-crow-era Reparations Lawsuits in the Wake of Alexander V. Oklahoma |
37 Stetson Law Review 941 (Spring 2008) |
Bleeding, battered, many missing shoes or other articles of clothing, the girls, some as young as ten, none older than sixteen, were stolen away under the cover of nightfall, hauled out of town, and secretly transferred to a dilapidated stockade in a remote corner of the countryside. There they would be held, under lock and key and at gunpoint, for... |
2008 |
| Michael Tonry, Matthew Melewski |
The Malign Effects of Drug and Crime Control Policies on Black Americans |
37 Crime and Justice Just. 1 (2008) |
The disproportionate presence of blacks in American prisons, jails, and Death Rows, and the principal reasons for it--higher rates of commission of violent crimes and racially disparate effects of drug policies and sentencing laws governing violent and drug crimes--are well known. Since the late 1980s, black involvement in violent crime has... |
2008 |
| D. Aaron Lacy |
The Most Endangered Title Vii Plaintiff?: Exponential Discrimination Against Black Males |
86 Nebraska Law Review 552 (2008) |
I. Introduction. 552 II. The Development of the Exponential Argument. 558 III. The Black Male: The Case for a Special Category. 564 IV. The Current Predicament: The Affects of Stereotypes and Exponential Discrimination on Black Men. 568 V. Exponential Claims in Modern Law. 580 A. Statutory Support for Exponential Claims. 580 B. Analysis of an... |
2008 |
| Brian Gilmore , Adrienne Decuire , Edward Davis , Tamar Meekins |
The Nightmare on Main Street for African-americans: a Call for a New National Policy Focus on Homeownership |
10 Berkeley Journal of African-American Law & Policy 262 (2008) |
Discrimination against African Americans in housing has been a long-standing reminder of America's racist history. It is therefore, no accident that the latest crisis in the housing market can be directly linked to racially discriminatory housing practices forged over the last decade. After a decade of record growth, the rampant predatory lending... |
2008 |
| James Lindgren |
The Private and Public Employment of African-american Lawyers, 1960-2000 |
17 Journal of Contemporary Legal Issues 281 (2008) |
To understand the future, it is often important to look at the recent past. One question that faces law schools is how affirmative action is working and how it might be improved. It is important, not just to have reasonably diverse student bodies, but to train minority lawyers who will be employable--and employed--for their professional careers.... |
2008 |
| Casey A. Kovacic |
The Real Bcs: Black Coach Syndrome and the Pursuit to Become a College Head Football Coach |
36 Southern University Law Review 89 (Fall, 2008) |
I truly believe that African Americans may not have some of the necessities to effectively manage a team. Former Los Angeles Dodgers General Manager Al Campanis In the years since his infamous statement on national television about the abilities of African Americans in sports managerial positions, Al Campanis has been repeatedly proven wrong.... |
2008 |
| Charles Lewis Nier III |
The Shadow of Credit: the Historical Origins of Racial Predatory Lending and its Impact upon African American Wealth Accumulation |
11 University of Pennsylvania Journal of Law and Social Change 131 (2007-2008) |
Responding to a controversy regarding incendiary remarks that surfaced in the media from his former pastor, Reverend Jeremiah A. Wright Jr., United States Senator and Democratic presidential candidate Barack Obama came to the City of Philadelphia to deliver a major address on the issue of race in the United States. In a remarkable and... |
2008 |
| Gabriel J. Chin , Randy Wagner |
The Tyranny of the Minority: Jim Crow and the Counter-majoritarian Difficulty |
43 Harvard Civil Rights-Civil Liberties Law Review 65 (Winter, 2008) |
Modern constitutional law and scholarship rests on a conceptual mistake: thinking of African Americans as a minority. Scholars and courts routinely characterize African Americans as minorities who, in various ways in the past or present, were discriminated against by a hostile or indifferent majority. Typical is Justice Harlan's reassurance, in his... |
2008 |
| Bryan K. Fair |
The Ultimate Association: Same-sex Marriage and the Battle Against Jim Crow's Other Cousin |
63 University of Miami Law Review 269 (October, 2008) |
I. On Patterns and Limited Progress. 269 A. Jim Crow's Other Cousin. 270 B. Is Equality Still an Empty Idea?. 272 C. Does Wait Really Mean Never?. 274 II. The Constitutional Status of Same-Sex Marriage. 274 A. The Power To Define Who Can Marry. 276 1. congress. 276 2. same-sex-marriage proscriptions and the states. 277 III. The Fundamental... |
2008 |
| William B. Turner |
The Ultimate Victory of a Productive Life: Ben F. Johnson, Jr., and African Americans at Emory Law School, 1961-72 |
58 Journal of Legal Education 563 (December, 2008) |
Ben F. Johnson, Jr., served as Dean of Emory Law School from 1961 to 1972. This was a period of extraordinary growth in American higher education generally, and it was a period of substantial growth for Emory, both the University as a whole, and the Law School. Johnson was an impressively energetic figure who harbored high aspirations for Emory... |
2008 |