| Author | Title | Citation | Summary | Year |
| Jane E. Cross |
The Bar Examination in Black and White: the Black-white Bar Passage Gap and the Implications for Minority Admissions to the Legal Profession |
18 National Black Law Journal 63 (2004-2005) |
Concerns about minority performance on the bar examination make it impossible to ignore the subject of the bar examination as a formidable barrier to minority admission to the legal profession. Evidence has shown that the bar examination has had an adverse impact on efforts to diversify the legal profession due to the lower pass rates of minority... |
2005 |
| Beverly I. Moran |
The Case for Black Inferiority? What must Be True If Professor Sander Is Right: a Response to a Systemic Analysis of Affirmative Action in American Law Schools |
5 Connecticut Public Interest Law Journal 41 (Fall, 2005) |
In A Systemic Analysis of Affirmative Action in American Law Schools, Professor Richard Sander asserts that affirmative action hurts blacks both as a group and as individuals. Professor Sander finds that qualified black students are adversely affected by affirmative action because they are admitted to schools above their capacity where they are... |
2005 |
| Teri A. McMurtry-Chubb |
The Codification of Racism: Blacks, Criminal Sentencing, and the Legacy of Slavery in Georgia |
31 Thurgood Marshall Law Review 139 (Fall, 2005) |
The United States is now 140 years from the legal end of African slavery and 51 years from the legal end of racial segregation in public schools. Yet, African Americans and Caucasians remain separated by a yawning chasm of inequality. This divide is no more prominent than in the racial composition of the United States' prison population. In the... |
2005 |
| Andrea McArdle |
The Confluence of Law and Antebellum Black Literature |
17 Law and Literature 183 (Summer, 2005) |
Abstract. This article argues that the acculturation of black Bostonians to the rhetoric of the law during the Revolutionary era was constitutive and sustaining. The article examines how three pivotal Boston-based antebellum authors--Prince Hall, David Walker, and Maria Stewart--appropriated the rhetoric of legal pleading used in Revolutionary-era... |
2005 |
| Christopher E. Prince |
The Continuing Mission of Black Bar Associations |
27-FEB Los Angeles Lawyer 52 (February, 2005) |
AS THE PRESIDENT OF the John M. Langston Bar Association, I have often reflected on a deceptively simple question: What is the purpose of our organization? For most of the last 100 years, this question was much easier to answer. When the Blackstone Club, the Langston Bar's predecessor, was founded in the 1920s, black lawyers were excluded from most... |
2005 |
| Adam Gordon |
The Creation of Homeownership: How New Deal Changes in Banking Regulation Simultaneously Made Homeownership Accessible to Whites and out of Reach for Blacks |
115 Yale Law Journal 186 (10/1/2005) |
ABSTRACT. The Federal Government, in creating the section 203(b) mortgage insurance program during the New Deal, transformed homeownership in America into the main way that middle-class households build wealth. In the first three decades of the program's existence, however, this wealth-building opportunity was not shared with African-Americans.... |
2005 |
| Miriam S. Gohara, James S. Hardy, Damon Todd Hewitt |
The Disparate Impact of an Under-funded, Patchwork Indigent Defense System on Mississippi's African Americans: the Civil Rights Case for Establishing a Statewide, Fully Funded Public Defender System |
49 Howard Law Journal 81 (Fall 2005) |
A fundamental principal of our nation's criminal justice system is that regardless of financial status, whether wealthy or destitute, every accused person is entitled to the effective assistance of counsel. Despite over a decade of calls for reform by state courts, Mississippi is one of the few states that fail to meet its obligation to provide... |
2005 |
| Kathleen B. Overly |
The Exploitation of African-american Men in College Athletic Programs |
5 Virginia Sports and Entertainment Law Journal 31 (Fall 2005) |
Introduction. 32 I. History of NCAA Freshman Eligibility Requirements. 34 A. Proposition 16: Improving Academic Performance of College Athletes. 36 B. Cureton v. NCAA: Allegations of Disparate Impact. 39 C. Pryor v. NCAA: Allegations of Intentional Discrimination. 41 D. NCAA Response: The Revised Proposition 16. 42 II. What Constitutes Disparate... |
2005 |
| Andrea N. Johnson |
The Federal Psychotherapist-patient Privilege, the Purported "Dangerous Patient" Exception, and its Impact on African American Access to Mental Health Services |
48 Howard Law Journal 1025 (Spring 2005) |
Jaffee v. Redmond was no exception to the proposition that when the Supreme Court considers an issue, the resulting decision will have a far-reaching impact, which, at the time of the decision, may not have been within the contemplation of the Justices. In 1996, when the Supreme Court granted certiorari to hear Jaffee, there was no consensus among... |
2005 |
| Eric John Nies |
The Fiery Cross: Virginia V. Black, History, and the First Amendment |
50 South Dakota Law Review 182 (2005) |
In Virginia v. Black, the United States Supreme Court ruled a Virginia statute prohibiting the burning of a cross with the intent to intimidate was unconstitutional due to an overbroad prima facie evidence provision. The Court noted, however, that if not for the prima facie provision, the statute would pass First Amendment scrutiny because the... |
2005 |
| Heather S. Ingrum Gipson |
The Fight for the Right to Fight: Equal Protection & the United States Military |
74 UMKC Law Review 383 (Winter 2005) |
[T]he war power does not remove constitutional limitations safeguarding essential liberties. Embroiled with the wars in both Iraq and Afghanistan, the U.S. military is now preparing to do battle on another front. The military's Don't Ask, Don't Tell policy of excluding those who are openly homosexual from military service is under fire. The... |
2005 |
| Maura Regan |
The Inventive Spirit of African Americans |
87 Journal of the Patent and Trademark Office Society 81 (January, 2005) |
The Inventive Spirit of African American Inventors, by Patricia Sluby is a resource for those interested in both the inventive American spirit and African American achievement. Ms. Sluby catalogs the plethora of African American inventors in this all-inclusive book. The progression of the African American inventiveness parallels the flowering of... |
2005 |
| April B. Chandler |
The Loss in My Bones: Protecting African American Heirs' Property with the Public Use Doctrine |
14 William & Mary Bill of Rights Journal 387 (October, 2005) |
The Spanish moss swayed gently in the ancient live oaks, and the pungent smell of the salt marsh rolled in with the tide as Johnny Rivers sat on the steps of his home, reminiscing. Never wanted to be anywhere else . . . . I thought I would die here, he says of the land he lived on for sixty-nine years. Patriarch of a family of twenty-seven... |
2005 |
| Peter Tiersma |
The New Black's |
55 Journal of Legal Education 386 (September, 2005) |
When I was growing up on a dairy farm in California's San Joaquin Valley, one of the ritual insults that young men would hurl at each other was Why don't you go read a dictionary! This was apparently deemed the most excruciatingly boring activity that any human being could ever contemplate undertaking. I never admitted that I did, in fact, spend... |
2005 |
| Fiordaliza Batista |
The Ramifications of the Federal Communications Commission's Failure to Minimize Negative Media Portrayals of Latinas and Black Women |
11 Cardozo Women's Law Journal 331 (Winter 2005) |
The Federal Communications Commission (FCC) contributes to the subjugation of minorities by failing to implement policies that encourage accurate portrayals of minorities. A correlation exists between negative media portrayals, or stereotypical portrayals of minorities, and the manner in which society perceives and reacts to them. Stereotypes are a... |
2005 |
| Kimberly Jade Norwood |
The Virulence of Blackthink™ and How its Threat of Ostracism Shackles Those Deemed Not Black Enough |
93 Kentucky Law Journal 143 (2004-2005) |
Nowadays, if you know the color of somebody's skin, you know what the person values (or should value), what causes the person supports (or should support), and how he or she thinks (or should think). Skin color, it seems, is a perfectly acceptable proxy for lots of others things-but principally for holding, or being willing to espouse, the right... |
2005 |
| Kevin Outterson |
Tragedy and Remedy: Reparations for Disparities in Black Health |
9 DePaul Journal of Health Care Law 735 (2005) |
The Tragedy of American health care is the stubborn persistence of disparities in Black health, 140 years after Emancipation, and more than four decades after the passage of Title VI. Formal legal equality has not translated into actual health equality. This Tragedy is deeper and older than mere legal forms; it has been supported by powerful social... |
2005 |
| A. K. Sandoval-Strausz |
Travelers, Strangers, and Jim Crow: Law, Public Accommodations, and Civil Rights in America |
23 Law and History Review 53 (Spring, 2005) |
Public accommodations--hotels, trains, restaurants, steamboats, theaters, buses, motels, and the like--were for more than a century located at the epicenter of legal and political struggles for racial equality. From the age of Reconstruction to the civil rights movement of the mid-twentieth century, civil rights in public places stood alongside... |
2005 |
| Carla D. Pratt |
Tribes and Tribulations: Beyond Sovereign Immunity and Toward Reparation and Reconciliation for the Estelusti |
11 Washington and Lee Race and Ethnic Ancestry Law Journal 61 (Winter, 2005) |
This Article advocates a form of micro-reparations for a limited class of African Americans--the Estelusti (black Indians). The Article seeks reparations in the form of racial healing not only from the United States Government, but also from one particular participant in African American slavery--Native American Indian Tribes. The Article begins by... |
2005 |
| Kevin Gick |
Twelve Mommies and Daddies, Not a Scary Judge Clad in Black Why Does Only One State Let Juries Decide Child Custody Cases? |
43 Family Court Review 612 (October, 2005) |
This note questions why nearly every state prohibits juries from deciding child custody lawsuits. Forty-nine out of fifty states give judges the exclusive authority to decide child custody lawsuits. These cases ask the trier of fact to determine which alternative custodial care arrangement would be in the best interests of the child. It is... |
2005 |
| Hila Keren |
We Insist! Freedom Now : Does Contract Doctrine Have Anything Constitutional to Say? |
11 Michigan Journal of Race and Law 133 (Fall 2005) |
On a daily basis countless people are refused contracts due to discrimination on account of their Otherness--their race, their disability, their gender, etc. Many of them are not welcomed by hotels, denied service in restaurants, rejected by banks when asking for a mortgage loan, and so on. The variety of transactions that are denied and the... |
2005 |
| Geiza Vargas-Vargas |
White Investment in Black Bondage |
27 Western New England Law Review 41 (2005) |
Further [revenue] growth is expected to come from increased focus and resources by the Department of Homeland Security dedicated to illegal immigration, stricter sentencing guidelines, longer prison sentences and prison terms for juvenile offenders, as well as the growing demographic of the 18 to 24 year-old at-risk population. Males between 18 and... |
2005 |
| Daniel E. Ho |
Why Affirmative Action Does Not Cause Black Students to Fail the Bar |
114 Yale Law Journal 1997 (June, 2005) |
Richard H. Sander, A Systemic Analysis of Affirmative Action in American Law Schools, 57 Stan. L. Rev. 367 (2004). In a widely discussed empirical study, Richard Sander concludes that affirmative action at U.S. law schools causes blacks to fail the bar. If correct, this conclusion would turn the jurisprudence, policy, and law of affirmative action... |
2005 |
| Raymond O. Arsenault |
You Don't Have to Ride Jim Crow |
34 Stetson Law Review 343 (Winter, 2005) |
You don't have to ride jim crow, You don't have to ride jim crow, Get on the bus, set any place, 'Cause Irene Morgan won her case, You don't have to ride jim crow. --1947 freedom song When Irene Morgan boarded a Greyhound bus in Hayes Store, Virginia, on July 16, 1944, she had no inkling of what was about to happen--no idea that her trip to... |
2005 |
| Kristi L. Bowman |
A Different Shade of Brown: Latinos and School Desegregation |
88 Judicature 85 (September-October 2004) |
School desegregation cases have long been dominated by a Black-White conception of race, yet Latinos, as an ethnic group, do not fit squarely within this binary. This disconnect has led to the popular misconception that Latinos have been largely absent from the history of school desegregation. Quite to the contrary, the first successful school... |
2004 |
| Keith N. Hylton |
A Framework for Reparations Claims |
24 Boston College Third World Law Journal 31 (Winter, 2004) |
Abstract: These remarks, prepared for the Boston College Third World Law Journal Reparations Symposium, compare the goals and viability of reparations claims as tort suits. I contrast two approaches observed in the claims: a doing justice model, which involves seeking compensation in important cases of uncorrected or uncompensated injustice, and... |
2004 |
| Sam Spital |
A Voting Rights Odyssey: Black Enfranchisement in Georgia. By Laughlin Mcdonald. Cambridge, U.k.: Cambridge University Press, 2003. Pp. 245 + Index. $20.00 (Cloth) |
39 Harvard Civil Rights-Civil Liberties Law Review 287 (Winter, 2004) |
From slavery to the late twentieth century, white Georgians and their elected representatives implemented an extraordinary array of tactics designed to prevent black political empowerment. These measures evolved in response to changing federal laws and at different times included official black disenfranchisement; jailing, threatening, assaulting,... |
2004 |
| Stephanie Francis Ward |
Affirmative Action No Boon for Blacks, Prof Says |
3 No. 46 ABA Journal E-Report E-Report 1 (11/19/2004) |
Affirmative action hurts the group it is most designed to help, according to a yet-to-be published law review article. Preferential policies allow students to attend schools for which they are not academically prepared, hurting their grades and their prospects of passing the bar exam, according to the article, which will be published by the... |
2004 |
| Mae Flennoy, State Bar of Nevada Communications Director |
African - Americans in the Nevada Judiciary |
12-FEB Nevada Lawyer 10 (February, 2004) |
On their shoulders rests far more than the responsibility of administering justice to the people. They embody the manifested hopes and dreams of their race. They are the legacies of Jane Bolin, the first African-American woman judge in the United States. Pacesetters and trailblazers, they are Nevada's first and only African-American female jurists,... |
2004 |
| Tanya Katerí Hernández |
Afro-mexicans and the Chicano Movement: the Unknown Story |
92 California Law Review 1537 (October, 2004) |
Professor Ian Haney López's book, Racism on Trial: The Chicano Fight for Justice, is a legal history of the 1960s Chicano movement in Los Angeles that traces, in particular, a critical moment of racial transformation in the Mexican community of East Los Angeles. The book examines the legal violence that surrounded the 1968 student demonstrations... |
2004 |
| Daniel L. Kaplan |
An Imperfect God: George Washington, His Slaves, and the Creation of America by Henry Wiencek Farrar, Straus and Giroux, New York, Ny, 2003. 404 Pages, $26.00 (Cloth), $15.00 (Paper). "Negro President": Jefferson and the Slave Power by Garry Wills Houghto |
51-SEP Federal Lawyer 52 (September, 2004) |
What shall we do with the great Southern men of the Revolutionary era? Historians and the public have moved through phases of untrammeled worship, edgy icon bashing, wonder at their complexity, and, finally, an uncomfortable mixture of awe at their accomplishments and roughly equal awe at their brutality. There doesn't seem to be any light at the... |
2004 |
| Wesley Chang |
Arrested Development: Patent Laws, Embryonic Stem Cell Research, and the Organ Black Market |
10 Southwestern Journal of Law and Trade in the Americas 407 (2004) |
I. Introduction. 408 II. United States Policy Regarding Sales of Human Organs for Profit. 411 A. Dissecting the Organ Transplant Legislation. 411 B. Moore Problems: Case Law Involving Property Interest in the Human Body. 413 III. Patenting Life: The Garden of Forking Paths. 416 A. Seeds of Doubt: Plant Patent Act of 1930. 416 B. The Labyrinth:... |
2004 |
| Regina Austin |
Back to Basics: Returning to the Matter of Black Inferiority and White Supremacy in the Post-brown Era |
6 Journal of Appellate Practice and Process 79 (Spring, 2004) |
Except among recent law students, Brown v. Board of Education is better remembered for what it did (namely reject Plessy v. Ferguson's doctrine of separate but equal) than the grounds on which it did it. The Court in Brown considered whether racial segregation deprived minority children of equal educational opportunities even if it were assumed... |
2004 |
| Christopher C. Faille |
Black Cloud: the Great Florida Hurricane of 1928 by Eliot Kleinberg Carroli & Graf Publishers, New York, Ny, 2003. 283 Pages, $26.00 |
51-OCT Federal Lawyer 49 (October, 2004) |
Eliot Kleinberg is a reporter for the Palm Beach Post. In that capacity he has covered such events as the 1996 ValuJet plane crash, the 2000 presidential election imbroglio, and the anthrax attack on a Boca Raton media organization's office in the star-crossed autumn of 2001. He is also the author or co-author of several books about Florida. Some... |
2004 |
| Roger Clegg |
Black Culture and Black Conservative Thought: Toward an Anthology |
2 Georgetown Journal of Law and Public Policy 251 (Winter, 2004) |
This essay is divided into four parts. Part I sketches the goals we might reasonably have for race relations in the United States. Part II discusses the critical role of black culture in achieving those goals. Part III suggests that an anthology of conservative black thought would make a valuable contribution to racial progress. And Part IV reviews... |
2004 |
| Michael Coblenz |
Black Inventors in the Age of Segregation: Granville T. Woods, Lewis H. Latimer, and Shelby J. Davidson by Rayvon Fouché Johns Hopkins University Press, Baltimore, Md, 2003. 225 Pages, $34.95 |
51-JUL Federal Lawyer 55 (July, 2004) |
Is there a connection between race and technology? In this book, professor Rayvon Fouché claims that technology has been used to marginalize black people within American society and culture, and that most scholars ignore this fact because they erroneously believe that technology is value-neutral, non-gendered, and nonracist. Fouché claims that,... |
2004 |
| Cass R. Sunstein |
Black on Brown |
90 Virginia Law Review 1649 (October, 2004) |
OF all the early writing on Brown v. Board of Education, the most striking is a ten-page essay by Charles Black. Professor Black's essay is striking because of its simplicity, its concreteness, and its realism--its clear statement of what the system of segregation did and meant, and of the relationship between that statement and Black's reading of... |
2004 |
| Harold A. McDougall |
Brown at Sixty: the Case for Black Reparations |
47 Howard Law Journal 863 (Spring 2004) |
The Case for Black Reparations, by Boris I. Bittker. Beacon Press 2d ed. 2003 (1973). I find it sad that fifty years after Brown, in the midst of the lectures and black-tie celebrations, Black children are still being denied access to the same educational opportunities as White children. It is fortunate that Professor Boris Bittker's book, The... |
2004 |
| Amanda J. Congdon |
Burned Out: the Supreme Court Strikes down Virginia's Cross Burning Statute in Virginia V. Black |
35 Loyola University Chicago Law Journal 1049 (Summer 2004) |
Liza Costa and her family moved to Rushville, Missouri in 1997. Believing that Ms. Costa and her children were African American, three men schemed to burn a cross in the Costas' lawn to frighten the family into leaving town. They welded metal pipe into the shape of a cross and wrapped the cross in towels. The men then met at the volunteer fire... |
2004 |
| Charles J. Ogletree, Jr. |
Chapter 17 Addressing the Racial Divide: Reparations |
20 Harvard BlackLetter Law Journal 115 (Spring, 2004) |
There should be no mistaking the fervor of the reparations movement. The claim that America owes a debt for the enslavement and segregation of African-Americans has had historical currency for over 150 years. Occasionally, the clamor for repayment of that debt has intensified, particularly in the period following the Civil War. Although the civil... |
2004 |
| Jack Greenberg |
Charles L. Black: His Heart and Mind |
92 Georgetown Law Journal 859 (April, 2004) |
Charles Black was one of the most influential constitutional scholars of our time. Few who admired his scholarship, however, knew him also as author of three books of poetry, scores of other published poems, as painter, trumpet and harmonica player, and musicologist. He wrote poems for and about friends. He performed his music in formal and... |
2004 |
| Michael deHaven Newsom |
Clarence Thomas, Victim? Perhaps, and Victimizer? Yes--a Study in Social and Racial Alienation from African-americans |
48 Saint Louis University Law Journal 327 (Winter 2004) |
The nomination of Clarence Thomas as an Associate Justice of the United States Supreme Court unhinged many African-Americans, including this writer. Many simply had no idea of what to make of a situation that involved the combustible mixture of gender, race, class, political duplicity, political ideology, and alleged sexual harassment, nor of the... |
2004 |
| Mark Tushnet |
Clarence Thomas's Black Nationalism |
47 Howard Law Journal 323 (Winter 2004) |
Clarence Thomas is the only Supreme Court Justice whose opinions quote both Frederick Douglass and W.E.B. Du Bois. Justice Thomas's choice of these icons of black pride and anti-racism is hardly an accident. Justice Thomas connects his vision of constitutional law to a tradition of black pride by framing his discussions of education's value to... |
2004 |
| David J. Garrow |
Clarendon County in Black & White |
7 Green Bag 237 (Spring 2004) |
MANNING, South Carolina - Clarendon County treasurer Matt Evans sticks his head into the office of Beulah Roberts, the county clerk of court. A local television station is appealing for viewers to adopt needy families for Christmas-time gift-giving, and he asks if Roberts will join him and two other colleagues in taking four families. I'm in,... |
2004 |
| T. Alexander Aleinikoff |
Comment: Charles Black and Human Rights |
92 Georgetown Law Journal 773 (April, 2004) |
As a student in law school, I was vaguely both Charles Black's student and research assistant. Black, with Bruce Ackerman, took over Robert Cover's course on the Constitution and the Welfare State after Cover suffered a heart attack midway through the semester. And for part of a summer, I did some quantitative research off-site for Black at the... |
2004 |
| Ryan Fortson |
Correcting the Harms of Slavery: Collective Liability, the Limited Prospects of Success for a Class Action Suit for Slavery Reparations, and the Reconceptualization of White Racial Identity |
6 African-American Law and Policy Report 71 (2004) |
Slavery can only be abolished by raising the character of the people who compose the nation; and that can be done only by showing them a higher one. No one now doubts, or at least no one should doubt, that slavery imposed a grievous wrong on Blacks in America, one from which neither the descendants of slaves nor the country as a whole have entirely... |
2004 |
| David Lyons |
Corrective Justice, Equal Opportunity, and the Legacy of Slavery and Jim Crow |
84 Boston University Law Review 1375 (December, 2004) |
Introduction. 1375 I. Compensation, Restitution, and Corrective Justice. 1378 A. The Moral Debt Model. 1379 B. The Material Disadvantage Model. 1381 C. The Unjust Enrichment Model. 1382 D. The Institution Model. 1384 II. The Role of the Federal Government. 1385 A. The Eighteenth Century. 1386 B. The Nineteenth Century. 1388 C. The Twentieth... |
2004 |
| W. Wat Hopkins |
Cross Burning Revisited: What the Supreme Court Should Have Done in Virginia V. Black and Why it Didn't |
26 Hastings Communications and Entertainment Law Journal (COMM/ENT) 269 (Winter 2004) |
I. R.A.V. v. St. Paul. 273 A. Arguments to the Supreme Court. 273 B. Justice Scalia for the Court. 276 C. A Transparently Wrong Opinion. 280 II. Cross Burning in Lower Appellate Courts. 284 A. Federal Prosecutions for Cross Burning. 285 B. State Prosecutions for Cross Burning. 288 III. Virginia v. Black. 293 A. The Virginia Supreme Court Ruling.... |
2004 |
| Roger C. Hartley |
Cross Burning--hate Speech as Free Speech: a Comment on Virginia V. Black |
54 Catholic University Law Review 1 (Fall, 2004) |
It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. This Article concerns the criminalization of cross burning. This act of symbolic expression sometimes communicates hate, inspires fear of impending bodily harm, expresses an ideology and solidarity... |
2004 |
| William J. Bowers , Marla Sandys , Thomas W. Brewer |
Crossing Racial Boundaries: a Closer Look at the Roots of Racial Bias in Capital Sentencing When the Defendant Is Black and the Victim Is White |
53 DePaul Law Review 1497 (Summer 2004) |
In 1976, the United States Supreme Court assumed in Gregg v. Georgia and companion cases that the reformed capital statutes of Georgia, Florida, and Texas would remedy the ills, including the risk of racial bias in sentencing that made the application of the death penalty unconstitutional according to Furman v. Georgia. Yet studies of sentencing... |
2004 |