| Author | Title | Citation | Summary | Year |
| Daria Roithmayr |
Them That Has, Gets |
27 Mississippi College Law Review 373 (2007-2008) |
In 2004, sociologists Robert Sampson and Jeffrey Morenoff published a remarkable study on the persistence of poverty in Chicago neighborhoods from 1970 to 1990. The authors made several important findings. First, those neighborhoods that were poor in 1970 were almost all poor twenty years later in 1990. Even as poverty rates dramatically increased... |
2008 |
| Anders Walker |
Things Cannot Go on as They Are: Contextualizing Herbert Wechsler's Critique of the School Segregation Cases |
52 Saint Louis University Law Journal 1211 (Summer 2008) |
This morning, constitutional scholar David Strauss asked us to reconsider Herbert Wechsler's 1959 critique of Brown v. Board of Education in Toward Neutral Principles of Constitutional Law. Read outside its historical context, Wechsler's charge that Brown failed to establish a neutral legal principle for invalidating segregation, and that... |
2008 |
| Enola G. Aird |
Toward a Renaissance for the African-american Family: Confronting the Lie of Black Inferiority |
58 Emory Law Journal L.J. 7 (Fall 2008) |
How do we extinguish--once and for all--the lie of black inferiority that continues to undermine the ability of black people to love themselves and to love each other? That, in my view, is the hardest question regarding law, religion, and the African-American family that will have to be faced over the next twenty-five years. Like all families in... |
2008 |
| Derek W. Black |
Turning Stones of Hope into Boulders of Resistance: the First and Last Task of Social Justice Curriculum, Scholarship, and Practice |
86 North Carolina Law Review 673 (March, 2008) |
The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors' approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social... |
2008 |
| Geneva Brown |
White Man's Justice, Black Man's Grief: Voting Disenfranchisement and the Failure of the Social Contract |
10 Berkeley Journal of African-American Law & Policy 287 (2008) |
Chester blinked at the harsh light in the courtroom and peered around curiously. He had been in and out of courtrooms all his life, but he never got over his fear of them. The black-robed men who sat up high on the benches dispensing their so-called justice filled him with awe. It was not a feeling of reverence or of wonder caused by something... |
2008 |
| Samuel Josephs |
Whose Revolution Is This? Gender's Divisive Role in the Black Panther Party |
9 Georgetown Journal of Gender and the Law 403 (2008) |
I. Calling All Men: Background and Context of Gender's Role Early On. 404 A. Early Recruitment. 408 B. Women Gain Interest. 410 C. Women Join the Party. 412 II. The Federal, State, and Local Attack on The Black Panther Party. 413 III. Gender's Divide. 416 A. The Visibility of Panther Women: Gender Discussed on the Front Pages. 416 B. Gender as an... |
2008 |
| Jacqueline Deane |
A Career in the "Kangaroo Court": Reflections of a Juvenile Defender on the Fortieth Anniversary of in re Gault |
60 Rutgers Law Review 225 (Fall 2007) |
My career as a juvenile defender has spanned the second half of Gault's forty years. During that time I have held a variety of positions within the juvenile justice field, and each of my roles has provided me with new insights and perspectives on the work of the juvenile defender and the juvenile justice system generally. In this Essay, I will... |
2007 |
| Andrene Smith |
A Different World: Financial Determinants of Well-being in New Orleans in Black and White |
14 Georgetown Journal on Poverty Law and Policy 179 (Winter, 2007) |
The dark ghettos are social, political, educational, and--above all-- economic colonies. Their inhabitants are subject peoples, victims of the greed, cruelty, insensitivity, guilt and fear of their masters. According to various news reports, Hurricane Katrina devastated the city of New Orleans. What these reports fail to uncover is that... |
2007 |
| Ernesto Longa |
A History of America's First Jim Crow Law School Library and Staff |
7 Connecticut Public Interest Law Journal 77 (Fall/Winter 2007) |
In 1996, Marvin Roger Anderson, State Law Librarian at the Minnesota State Law Library, proposed an ambitious research agenda to explore the history of African American Law Librarians. Anderson suggested researchers focus on the law libraries of the historically African American law schools, noting that, to date, only one history had been written.... |
2007 |
| Pamela Brandwein |
A Judicial Abandonment of Blacks? Rethinking the "State Action" Cases of the Waite Court |
41 Law and Society Review 343 (June, 2007) |
This article reconsiders the conventional wisdom that the Supreme Court definitively abandoned the freedmen to their former masters through the state action decisions of the 1870s and 1880s. Arguing that anachronisms distort our understanding of this critical period, I offer an historical institutional analysis of state action doctrine by... |
2007 |
| Zachary F. Bookman |
A Role for Courts in Reparations |
20 National Black Law Journal 75 (2006-2007) |
While plaintiffs may be justified in seeking redress for past and present injuries, it is not within the jurisdiction of this Court to grant the requested relief. The legislature, rather than the judiciary, is the appropriate forum for plaintiff's grievances. -Judge Pamela Rymer (9th Circuit) The term reparations' generally refers to payments (in... |
2007 |
| Eric K. Yamamoto , Sandra Hye Yun Kim , Abigail M. Holden |
American Reparations Theory and Practice at the Crossroads |
44 California Western Law Review Rev. 1 (Fall 2007) |
Slowed by controversial legal claims, skeptical judges, and flagging mainstream public support, American reparations theory and practice stand at a crossroads. The path they next traverse will likely determine the long-term viability of reparations claims, not only for African Americans, but also for anyone suffering the persistent wounds of... |
2007 |
| Rea J. Harrison |
Black and White Prom Nights: the Unconstitutionality of Racially Segregated High School Proms in the 21st Century |
10 Journal of Gender, Race and Justice 505 (Spring 2007) |
I like to stand up for what is right even if I am standing by myself. --Gercia McCrary, on integrating her high school prom in 2002. When reflecting on one's high school experience, one often recalls football games, significant friends and romances, and meaningful extracurricular activities, such as athletics or student government. People also... |
2007 |
| Kimberly Jade Norwood |
Blackthink's™ Acting White Stigma in Education and How it Fosters Academic Paralysis in Black Youth |
50 Howard Law Journal 711 (Spring 2007) |
Apparently I am an Oreo. . . . [A]n Oreo is not a cookie made by Nabisco but a person who is [B]lack on the outside and [W]hite on the inside. Now, I admit that I could switch places with any member of NSync, a late-'90s boy band, and perform a concert, and the fans wouldn't notice. But that doesn't make me an Oreo. . . . The words [B]lack and... |
2007 |
| Damon Moore |
Crossing Over: Structuring Foreign Investments That Advance African-american Entrepreneurial Interests in the International Marketplace |
32 Thurgood Marshall Law Review 191 (Spring, 2007) |
African-Americans have been deeply committed to the struggle for civil rights, social and political equality, and opportunity since Africans first arrived in America. Within this struggle, African-American entrepreneurs have endeavored to participate in the American marketplace. The struggle has been long and grueling, as the fight takes place... |
2007 |
| William J. Reese, University of Wisconsin-Madison |
Davison M. Douglas. Jim Crow Moves North: the Battle over Northern School Segregation, 1865-1954. New York: Cambridge University Press, 2005. X, 334 Pp. $70.00 (Cloth); $24.99 (Paper) |
49 American Journal of Legal History 343 (July, 2007) |
When he traveled in America in the 1830s, the French aristocrat Alexis de Tocqueville was struck by the racism that pervaded the northern states. Race prejudice, he wrote in Democracy in America, seems stronger in those states that have abolished slavery than in those where it still exists .. Whether at church, work, play, or school, the color... |
2007 |
| Marisa Bono |
Don't You Be My Neighbor: Restrictive Housing Ordinances as the New Jim Crow |
3 Modern American 29 (Summer-Fall, 2007) |
We can, of course, little more than hypothesize how our racial passions first began to overtake us, how humankind's obsession to embrace the similar and despise the different got stuck in our communal psyche .. Jerold M. Packard They're taking our jobs, our homes. There's unemployment partly because of the Hispanics. The lady who took my job is... |
2007 |
| Xiaofeng Stephanie Da |
Education and Labor Relations: Asian Americans and Blacks as Pawns in the Furtherance of White Hegemony |
13 Michigan Journal of Race and Law 309 (Fall 2007) |
Asian Americans and Blacks have been, and continue to be, racialized relative to each other in our society. Asian Americans and Blacks have come to occupy marginalized positions as the polarized ends on the economic spectrums of education and labor relations, with an expanding Whiteness as the filler in the middle as Whites manipulate the... |
2007 |
| Royce Brooks |
Electing One of Our Own: the Importance of Black Representatives for Black Communities in the Context of Local Government |
3 Modern American 33 (Spring, 2007) |
On New Year's Day 2005, the Tarrant County Commissioners' Courtroom was at standing-room only for perhaps the first time ever as hundreds of supporters gathered to watch Roy C. Brooks, the newly-elected Precinct 1 Commissioner, take the oath of office. The candidate's family had prime seats in the front two rows - not only his wife, son, and... |
2007 |
| Danielle N. Boaz |
Equality Does Not Mean Conformity: Reevaluating the Use of Segregated Schools to Create a Culturally Appropriate Education for African American Children |
7 Connecticut Public Interest Law Journal 1 (Fall/Winter 2007) |
Envision the education of an African American child. From a very early age, she learns that her ancestors were stolen from their homes and brought to America in chains. She is told that their clothes, their names, and their faiths were taken from them because they were barbarians, and that the white people wished to rid them of their primitive... |
2007 |
| Anthony V. Alfieri |
Faith in Community: Representing "Colored Town" |
95 California Law Review 1829 (October, 2007) |
What about this isn't a community? Community lawyering is all about faith, faith in others and faith outside the law. For progressive lawyers working in the fields of civil rights and poverty law, faith is expressed in the professional norms of legal-political activism. Ours is the positivist faith of the lawyer-engineer laboring inside the... |
2007 |
| Gabriel J. Chin |
Felon Disenfranchisement and Democracy in the Late Jim Crow Era |
5 Ohio State Journal of Criminal Law 329 (Fall, 2007) |
Jeff Manza & Christopher Uggen, Locked Out: Felon Disenfranchisement and American Democracy (Oxford University Press 2006) When the history of American felon disenfranchisement is written, this book and its authors will figure prominently. In 1998, Marc Mauer of The Sentencing Project put the issue on the national agenda by publishing a careful... |
2007 |
| Akilah N. Folami |
From Habermas to "Get Rich or Die Tryin": Hip Hop, the Telecommunications Act of 1996, and the Black Public Sphere |
12 Michigan Journal of Race and Law 235 (Spring 2007) |
This Article explores the manner in which gangsta rappers, who are primarily young urban Black men, navigate the mass media and rap's commercialization of the gangsta image to continue to provide seeds of political expression and resistance to that image. While other scholars have considered the political nature of rap in the context of the First... |
2007 |
| Bernadette Atuahene |
From Reparation to Restoration: Moving Beyond Restoring Property Rights to Restoring Political and Economic Visibility |
60 SMU Law Review 1419 (Fall 2007) |
I. INTRODUCTION. 1420 II. INVISIBILITY. 1425 A. Property Confiscation Can Remove Individuals and Communities from the Social Contract and Render Them Invisible. 1425 B. Widespread Property Induced Invisibility Can Lead to Increased Enforcement Costs and Political and Economic Instability. 1440 III. RESTORATION. 1444 A. The Importance and Limits of... |
2007 |
| Robert M. Jarvis |
Gilmore & Black at 50 |
38 Journal of Maritime Law and Commerce 135 (April, 2007) |
This year marks the 50th anniversary of the publication of The Law of Admiralty, the much-celebrated hornbook penned by Grant Gilmore and Charles L. Black, Jr. When it debuted in 1957, it was the subject of 16 flattering reviews written by such maritime luminaries as Raoul P. Colinvaux, Brainerd Currie, Nicholas J. Healy, Lawrence Jarett, and... |
2007 |
| Gabriel Reyes |
Henry J. Richardson's the Origins of African-american Interest in International Law |
20 National Black Law Journal 191 (2007) |
Some years ago, Temple University Professor of Law Henry J. Richardson sat down to write a comprehensive African-American history that would span from the year 1619 to the present. He intended to focus on questions arising from the 1884 Congress of Berlin, where European powers formally carved their spheres of influence on the African continent.... |
2007 |
| Herbert C. Brown, Jr. |
History Doesn't Repeat Itself, but it Does Rhyme-same-sex Marriage: Is the African- American Community the Oppressor this Time? |
34 Southern University Law Review 169 (Summer, 2007) |
Whether or not same-sex couples should be granted the same marriage rights as heterosexual couples is quickly raising many social and legal problems in today's society, especially in the African-American community, where many people oppose same-sex marriages. This debate over marriage rights of citizens of the United States is not an issue of first... |
2007 |
| Rob Wilcox |
Housing in Post-katrina New Orleans: Legal Rights and Recourses for Displaced African-american Residents |
2 Northwestern Journal of Law & Social Policy 105 (Summer, 2007) |
Hurricane Katrina dramatically changed the lives of more than one million Americans, evoking passion and tension around the nation. Katrina's devastating impact has left hundreds of thousands of Americans without adequate shelter and without a guaranteed prospect for shelter. Rebuilding New Orleans will take years, and a pressing question is for... |
2007 |
| John Kimble |
Insuring Inequality: the Role of the Federal Housing Administration in the Urban Ghettoization of African Americans |
32 Law and Social Inquiry 399 (Spring, 2007) |
A reexamination of Federal Housing Administration (FHA) documents reveals that the agency played a more direct role in the ghettoization of African Americans than previous scholarship has established. The FHA went far beyond merely approving of racial discrimination, and exploring the extent to which it did so is crucial to understanding the... |
2007 |
| David A. Singleton |
Interest Convergence and the Education of African-american Boys in Cincinnati: Motivating Suburban Whites to Embrace Interdistrict Education Reform |
34 Northern Kentucky Law Review 663 (2007) |
Education is essential to preparing our youth to be productive members of our society, with the skills and knowledge necessary to compete in the modern world. -DeRolph v. State The Ohio Constitution guarantees a thorough and efficient system of common schools -a quality education-to Ohio's school children. For most black boys attending Cincinnati... |
2007 |
| Katherine Y. Barnes |
Is Affirmative Action Responsible for the Achievement Gap Between Black and White Law Students? |
101 Northwestern University Law Review 1759 (Fall 2007) |
I. Testing the Theories. 1766 II. Simulating Alternative Affirmative Action Policies. 1790 A. Simulation Description. 1793 B. Simulation Results. 1796 III. Toward an Adequate Model. 1801 A. School Attended. 1801 B. Student Credentials. 1802 C. State-Specific Bar Passage Results. 1805 D. Individual Law School Culture. 1806 IV. Conclusion. 1806 |
2007 |
| Lauren Arms |
It's Not All Black and White: Race-based Admissions Purport to Achieve a Critical Mass of Diversity, but in Reality Merely Mask a Pre-determined Quota of the Ideal Integrated Society |
49 South Texas Law Review 205 (Fall 2007) |
I. Introduction. 206 II. Background of Affirmative Action and Strict Scrutiny Examination. 208 A. Interpretations of the Equal Protection Clause. 208 B. Strict Scrutiny: Emergence of the Test Triggered by Race-Based Discrimination. 209 1. Race-Based Discrimination in the Classroom: Bakke. 210 2. The University of Texas Fails Strict Scrutiny in... |
2007 |
| L. Darnell Weeden |
Johnnie Cochran Challenged America's New Age Officially Unintentional Black Code; a Constitutionally Permissible Racial Profiling Policy |
33 Thurgood Marshall Law Review 135 (Fall, 2007) |
The topic to be addressed is racial profiling in America and Johnnie Cochran's efforts to make more Americans aware that race profiling exists and the practice is wrong. Johnnie Cochran's recent involvement with the issue of racial profiling has highlighted the fact that in America many local law enforcement officers still equate driving while... |
2007 |
| Tara Kolar Ramchandani |
Judicial Recognition of the Harms of Slavery: Consumer Fraud as an Alternative to Reparations Litigation |
42 Harvard Civil Rights-Civil Liberties Law Review 541 (Summer, 2007) |
Beginning as early as 1915, African Americans have attempted to gain redress for the evils of slavery through the judicial system and consistently have met defeat. These cases have been dismissed for a variety of procedural and jurisdictional reasons, including statutes of limitations, the political question doctrine, sovereign immunity, and lack... |
2007 |
| William P. Quigley |
Katrina Voting Wrongs: Aftermath of Hurricane and Weak Enforcement Dilute African American Voting Rights in New Orleans |
14 Washington and Lee Journal of Civil Rights and Social Justice 49 (Fall, 2007) |
Other than the Oakies leaving the Dust Bowl, I can't think of any other time in American history where this many people have just up and moved. We're all starting to wonder what the long-term political consequences will be in terms of demographics and voting trends. Katrina disproportionately damaged the African American community in New Orleans.... |
2007 |
| Imani Perry |
Let Me Holler at You: African-american Culture, Postmodern Feminism, and Revisiting the Law of Sexual Harassment |
8 Georgetown Journal of Gender and the Law 111 (2007) |
Third Wave (or postmodern) Feminism has changed priorities in the feminist movement. It has called for a shift in demographic orientation to more centrally consider the experiences of poor women, lesbian women, and women of color. It has also challenged accepted norms in second wave feminist thought about sexuality, with third wavers critiquing... |
2007 |
| John C. Kuzenski |
Making Room at the Table: the Public Policy Dangers of Over-reliance on Black-letter Contract Terms in State Common Interest Community Law |
7 Appalachian Journal of Law 35 (Winter 2007) |
With the rapid and ongoing suburbanization of the United States marking American urban politics since the end of World War II, this country witnessed a variety of new and intriguing legal developments, which have become hallmarks of the late twentieth century suburban age. Among these hallmarks, one of the more interesting and critical... |
2007 |
| Tom I. Romero, II, J.D., Ph.D. |
Maldef and the Legal Investment in a Multi-colored America |
18 Berkeley La Raza Law Journal 135 (2007) |
Nearly twenty years after Brown v. Board of Education declared separate classrooms were inherently unequal, the Supreme Court in Keyes v. [Denver] School District No. One made its first definitive statement about the role of Mexican American students in school desegregation litigation. Of fundamental importance was the Court's recognition that... |
2007 |
| Angelique M. Davis |
Multiracialism and Reparations: the Intersection of the Multiracial Category and Reparations Movements |
29 Thomas Jefferson Law Review 161 (Spring 2007) |
Current reparations discourse raises not only the age old question of who is black? but also the political and legal complexities of making this determination in light of the recent Multiracial Category Movement (MCM). This movement seeks to create a separate multiracial classification on all private and public data collection forms. This essay... |
2007 |
| Benjamin Hensler |
Não Vale a Pena? (Not Worth the Trouble?) Afro-brazilian Workers and Brazilian Anti-discrimination Law |
30 Hastings International and Comparative Law Review 267 (Spring 2007) |
In September 2005, Brazilian public prosecutors filed a series of lawsuits that would have been nearly unimaginable in the country even a few years before. The suits, brought in Brasilia as civil complaints in the federal labor courts, charged five of the country's leading banks with violating the Brazilian constitution by discriminating against... |
2007 |
| Lisa J. Laplante |
On the Indivisibility of Rights: Truth Commissions, Reparations, and the Right to Development |
10 Yale Human Rights and Development Law Journal 141 (2007) |
While academics debate the ranking of rights, information from the field demonstrates their indivisibility. This Article explores how truth commissions provide rich documentation of the interrelation between violations of Civil and Political Rights (CPR) and Economic, Social and Cultural Rights (ESCR), using Peru's Truth and Reconciliation... |
2007 |
| David C. Koelsch |
Panic in Detroit: the Impact of Immigration Reforms on Urban African Americans |
5 Georgetown Journal of Law and Public Policy 447 (Summer, 2007) |
Premise: Proposals to reform the current immigration system to legalize undocumented immigrants will impact poor, urban African Americans to a greater degree than the majority of the United States population. Detroit, as the largest African American-majority city in the United States, is a microcosm of the nationwide effects of a broad legalization... |
2007 |
| Jenée Desmond-Harris |
Public Interest Drift Revisited: Tracing the Sources of Social Change Commitment among Black Harvard Law Students |
4 Hastings Race and Poverty Law Journal 335 (Spring 2007) |
Each year, the Black Law Students Association (BLSA) at Harvard Law School (HLS) hosts a 3L-send off. It is an end-of-the-year dinner and awards ceremony, infused with the giddy excitement that feels the same to twenty-somethings in their final weeks of law school as it did when they were studious fifth graders gearing up for summers full of... |
2007 |
| Catherine Smith |
Queer as Black Folk? |
2007 Wisconsin Law Review 379 (2007) |
I. Introduction. 380 II. Forty Years of Loving. 385 III. The Pitfalls of LGBT Sameness Arguments. 386 A. The Same-As Mantra Triggers Counterarguments of Difference. 387 B. The Same-as Mantra Negates the Racism of White LGBT People as Members of the White Majority. 389 C. The Same-as Mantra Denies Homophobia in Straight Blacks as Members of the... |
2007 |
| Maxine Burkett |
Reconciliation and Nonrepetition: a New Paradigm for African-american Reparations |
86 Oregon Law Review 99 (2007) |
The contemporary paradigm for African-American reparations fundamentally fails to address what should be its most vital component. Of the three essential elements of a successful reparations campaign--apology, award, and nonrepetition through reconciliation--the most vital is nonrepetition. In past successful reparations campaigns, the offending... |
2007 |
| LeRoy Pernell |
Reflecting on the Dream of the Marathon Man: Black Dean Longevity and its Impact on Opportunity and Diversity |
38 University of Toledo Law Review 571 (Winter 2007) |
NEWSFLASH: THIRD BLACK LAW DEAN RESIGNS WITHIN YEAR'S TIME Damn, I said to myself. It's hard at the top, hard in the middle, and sure enough hard at the bottom. We need a legal defense fund. ************** I am running as fast I can, fearing for my life and uncertain whether the cacophony of footsteps behind me is an army of assailants or just... |
2007 |
| SpearIt |
Reimagining Revolution: a Critical Review of Simon Schama's Rough Crossings: Britain, the Slaves, and the American Revolution |
9 Berkeley Journal of African-American Law & Policy 74 (2007) |
In Rough Crossings: Britain, the Slaves, and the American Revolution, Simon Schama does what few accounts of the Revolutionary War do, namely, examine the war through the eyes of slaves. Schama is an esteemed history professor at Columbia University who has been hailed for his literary and scholarly achievements. Host of the BBC television series... |
2007 |
| Theodore Kornweibel, Jr. |
Reparations and Railroads |
29 Thomas Jefferson Law Review 219 (Spring 2007) |
The consolidated civil cases seeking reparations on behalf of African-American descendants of slaves were thrown out of the United States District Court in Chicago in July, 2005. These cases were the result of reparations crusader Deadria Farmer-Paellmann's determination to seek restitution from corporate America after it had become manifestly... |
2007 |
| Adrienne Davis |
Reparations and the Slave Trade |
101 American Society of International Law Proceedings 285 (March 28-31, 2007) |
Professor Davis began her remarks by noting that the reparations debate challenges us to develop a consensus on what the U.S. experience with slavery was--what was the nature of the injury and moral wrong, and the relationship that has with our contemporary political and economic order. Instead of debating the moral and historical specificity of... |
2007 |
| |
Reparations in the Inter-american System: a Comparative Approach |
56 American University Law Review 1375 (August, 2007) |
I. Introduction: Dean Claudio Grossman. 1376 II. Reparations: A Comparative Perspective. 1377 A. Fernanda Nicola. 1377 B. Francisco Quintana. 1382 C. Diego Rodríguez-Pinzón. 1390 D. Dinah Shelton. 1396 E. Darren Hutchinson. 1402 III. Lawyering for Reparations: Inter-American Perspective. 1406 A. Agustina Del Campo. 1406 B. Carlos Ayala. 1413 C.... |
2007 |