AuthorTitleCitationSummaryYear
Daphne E. Barbee-Wooten T. Mccants Stewart: Hawaii's First Black Lawyer 8-FEB Hawaii Bar Journal 32 (February, 2004) Thomas McCants Stewart, who came from New York in 1898, was the first African American attorney to practice law in Hawaii. The Pacific Commercial Advertiser announced his arrival on November 29, 1898: Mr. T. McCants Stewart, Who is Highly Commended Will Remain in Honolulu T. McCants Stewart, a distinguished Afro-American, who is a thorough-going... 2004
Kim Forde-Mazrui Taking Conservatives Seriously: a Moral Justification for Affirmative Action and Reparations 92 California Law Review 683 (May, 2004) Introduction. 686 I. Corrective Racial Justice: The Prima Facie Case for Societal Responsibility. 694 A. Society Wrongfully Caused Harm. 695 1. The Nature of the Harm. 695 2. The Causal Relationship to Historic Discrimination. 697 B. Society's Obligation to Remedy the Harm. 707 II. Objections to the Prima Facie Case: Problems of Intergenerational... 2004
Eleanor Hicks Teaching African-american Boys in the Mississippi Delta 11 Georgetown Journal on Poverty Law and Policy 367 (Spring, 2004) I first arrived in Hartswood, Mississippi three days before teacher orientation would begin for me at the town's elementary school. It was early August and heat rose in waves off the blacktop. Poised on the Mississippi River, Hartswood is surrounded on three sides by cotton fields, so to arrive there from anywhere in late summer is to journey... 2004
W. Sherman Rogers The Black Quest for Economic Liberty: Legal, Historical, and Related Considerations 48 Howard Law Journal L.J. 1 (Fall 2004) Introduction and Overview. 7 I. The Black Economic Journey From the 1600s to the Civil War. 20 A. Role of Legal Principles in the Economic Journey of African Americans. 20 B. First Black Entrepreneur and Other Pre-Civil War Entrepreneurs. 21 C. Conservative Estimate of the Wealth of the 500,000 Free Blacks Prior to 1860 Approximately $50 Million... 2004
Darlene Clark Hine The Briggs V. Elliott Legacy: Black Culture, Consciousness, and Community Before Brown, 1930-1954 2004 University of Illinois Law Review 1059 (2004) In the years between Emancipation and Brown v. Board of Education, African Americans battled against the inequities in education, health care, and economic opportunities advanced by segregation. In this article, the author discusses the African American community's response to the hostility of white Americans, the fight against Jim Crow oppression,... 2004
Richard A. Epstein The Case Against Black Reparations 84 Boston University Law Review 1177 (December, 2004) Introduction. 1177 I. The Legal Position. 1177 A. Standing. 1179 B. Political Question Doctrine. 1181 C. Statute of Limitations. 1183 II. The Political Dimension. 1187 2004
Alfred L. Brophy The Cultural War over Reparations for Slavery 53 DePaul Law Review 1181 (Spring 2004) American democracy is a most dramatic form of social organization, and in that drama each of us enacts his role by asserting his own and his group's values and traditions against those of his fellow citizens. Indeed, a battle-royal conflict of interests appears to be basic to our conception of freedom, and the drama of democracy proceeds through a... 2004
John L. Newby, II The Fight for the Right to Fight and the Forgotten Negro Protest Movement: the History of Executive Order 9981 and its Effect upon Brown V. Board of Education and Beyond 10 Texas Journal on Civil Liberties & Civil Rights 83 (Winter 2004) The colored man in uniform is expected by the War Department to develop a high morale in a community that offers him nothing but humiliation and mistreatment. . . . The War Department has failed to secure to the colored soldier protection against violence on the part of civilian police and to secure justice in the courts in communities near-by to... 2004
Barbara Stark The Future of the Fourteenth Amendment and International Human Rights Law: the Black Heritage Trail 13 Temple Political & Civil Rights Law Review 557 (Spring 2004) [T]he Amendment was framed by men who possessed differieng views on the great question of the suffrage and who, partly in order to formulate some program of government and partly out of political expediency, papered over the differences with the broad, elastic language of § 1 and left to future interpreters of their Amendment the task of resolving... 2004
Hon. Nathaniel R. Jones The Judicial Betrayal of Blacks--again: the Supreme Court's Destruction of the Hopes Raised by Brown V. Board of Education 32 Fordham Urban Law Journal 109 (December, 2004) On May 17, 1954, the United States Supreme Court handed down its historic decision in Brown v. Board of Education, and almost immediately officials of the National Association for the Advancement of Colored People met in Atlanta, Georgia, to celebrate and to confer. On May 23 and 24, they met to plan for a future filled with hope. With the firm... 2004
Emma Coleman Jordan The Non-monetary Value of Reparations Rhetoric 6 African-American Law and Policy Report 21 (2004) Even among the grizzly archives of lynching and racial violence following the Civil War, some stories stand out. New Year's Day, 1923, marked the beginning of a six-day racial rampage that wiped out the homes of thirty black families living in the small, gulf coast town of Rosewood, Florida. Minnie Nitemy was nine years old, and her cousin, Ruth... 2004
Terrion L. Williamson The Plight of "Nappy-headed" Indians: the Role of Tribal Sovereignty in the Systematic Discrimination Against Black Freedmen by the Federal Government and Native American Tribes 10 Michigan Journal of Race and Law 233 (Fall 2004) INTRODUCTION. 234 I. Background. 237 A. Freedmen Within the Seminole Nation. 237 B. Davis v. United States. 239 C. Freedmen Within the Cherokee, Creek, Choctaw, and Chickasaw Nations. 240 1. Cherokee Freedmen. 240 2. Creek Freedmen. 241 3. Choctaw and Chickasaw Freedmen. 242 D. The Legacy of Slavery in the United States. 243 1. Remnants of Slavery.... 2004
Trevor Gardner II The Political Delinquent: Crime, Deviance, and Resistance in Black America 20 Harvard BlackLetter Law Journal 141 (Spring, 2004) This Article is largely an argument that the pervasive sense of cultural resistance in the African American community must be considered by criminal theorists as, at least, a partial explanation of criminality within the African American community. Woven into the fabric of African American culture is a vital oppositional element. This element,... 2004
Dorothy E. Roberts The Social and Moral Cost of Mass Incarceration in African American Communities 56 Stanford Law Review 1271 (April, 2004) Introduction: Reframing the Issue of Race and Imprisonment. 1272 A. The Distinctive Features of African American Mass Incarceration. 1274 1. Total numbers incarcerated.. 1274 2. Rate of incarceration.. 1274 3. The spatial concentration of incarceration.. 1275 B. The New Direction of Prison Research. 1276 1. Assessing the harm of mass incarceration... 2004
David Hall The Spirit of Reparation 24 Boston College Third World Law Journal 1 (Winter, 2004) Abstract: This Article, the author of which presented the opening and closing remarks and served as moderator for the Boston College Third World Law Journal' s reparations symposium, explores reparations for slavery from a spiritual perspective. It briefly traces the history of reparations for African Americans, beginning with General William... 2004
Ali A. Mazrui The Truth Between Reparation and Reconciliation: the Pretoria - Nairobi Axis 10 Buffalo Human Rights Law Review Rev. 3 (2004) As the apartheid political order was coming to an end in South Africa, the country faced three alternative scenarios I: The Nuremberg option: This was the theoretical concept of trying and punishing the worst offenders against humanity and civilized standards. In 1945-46 the Nuremberg process tried and sentenced Nazi war criminals and those who... 2004
John Valery White The Turner Thesis, Black Migration, and the (Misapplied) Immigrant Explanation of Black Inequality 5 Nevada Law Journal L.J. 6 (Fall 2004) Underlying most debates of racial inequality is the tacit reference to the Immigrant Tale, a story of natural class ascension of immigrant groups in the land of opportunity. This tale is affirming, celebrating the assimilation of ethnic immigrants in the American melting pot. It is also optimistic, implying social integration and economic... 2004
Waldo E. Martin, Jr. Through the Prism of Brown: Black Memory, Identity, and History 47 Howard Law Journal 851 (Spring 2004) It was springtime 1947, shortly before Easter. Nattily clad sisters-in-law, Mildred Shelton and Nettie Foxx-Martin, were in downtown Greensboro, North Carolina, looking for hats to complete their Easter outfits. As they went from store to store, they increasingly became dissatisfied with the quality and selection of hats they saw. They decided to... 2004
Alfreda Robinson Troubling "Settled" Waters: the Opportunity and Peril of African-american Reparations 24 Boston College Third World Law Journal 139 (Winter, 2004) Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... 2004
Charles J. Ogletree, Jr. Tulsa Reparations: the Survivors' Story 24 Boston College Third World Law Journal 13 (Winter, 2004) Abstract: This Article explores the ability of reparations litigation to transform the American debate about race by promoting interest convergence between reparations advocates and the majority population. As Professor Derrick Bell has argued, only when the interests of the majority converge with those of the minority will the minority achieve... 2004
  Underenfranchisement: Black Voters and the Presidential Nomination Process 117 Harvard Law Review 2318 (May, 2004) In 1968, Hubert Humphrey secured the Democratic presidential nomination without entering any of the fifteen primary contests held that year. The notorious Chicago convention that culminated in Humphrey's nomination revealed deep cleavages within the party over the Vietnam War and President Lyndon Johnson's Great Society programs. Along with the... 2004
Robyn Whipple Diaz Unequal Access: the Crisis of Health Care Inequality for Low-income African-american Residents of the District of Columbia 7 Journal of Health Care Law and Policy 120 (2004) There is a health care crisis in our city.when the life expectancy of our African-American men is 10 years less than the rest of America, and when this country's highest rates of infant mortality, diabetes, and HIV infection are in our own backyard, it is time to fix health care in Washington.Mayor Anthony A. Williams Of all forms of... 2004
Angela R. Ernst Virginia V. Black, 123 S. Ct. 1536 (2003) 10 Washington and Lee Race and Ethnic Ancestry Law Journal 131 (Spring, 2004) On August 22, 1998, respondent Barry Black led a Ku Klux Klan rally on private property with the owner's permission. At the conclusion of the rally, the crowd burned a large cross several hundred yards from a road. Rebecca Sechrist, who watched the rally, reported that the cross-burning caused her to feel awful and terrible. A sheriff arrested... 2004
Paul L. Caron , Rafael Gely What Law Schools Can Learn from Billy Beane and the Oakland Athletics 82 Texas Law Review 1483 (May, 2004) In Moneyball, Michael Lewis writes about a story with which he fell in love, a story about professional baseball and the people that play it. A surprising number of books and articles have been written by law professors who have had long love affairs with baseball. These books and articles are a two-way street, with baseball and law each informing... 2004
Antoinette Greenaway When Neutral Policies Aren't So Neutral: Increasing Incarceration Rates and the Effect of the Adoption and Safe Families Act of 1997 on the Parental Rights of African-american Women 17 National Black Law Journal 247 (2003-2004) About a hundred years ago, one of the most famous of all graduates of Harvard University, W.E.B. DuBois, in what is probably his most famous book, The Souls of Black Folk, wrote what is probably his single most famous line: The problem of the twentieth century is the problem of the color-line. What metaphor would DuBois use if he were writing... 2004
Jason M. Murray White Ritual & Black Magic: Playing the Race Card 31 No. 1 Litigation 13 (Fall, 2004) Performing ceremonial rites Hands holding black sticks Pour black gold from sacred vessels While black boots stomp in frenzied dance Constant rubbing and striking Columns of black smoke rise From a black paved furnace Before the priest's black robe In the midst of a fiery furnace Precious white metals Refuse to yield white impurities As white ashes... 2004
F. Michael Higginbotham A Dream Revived: the Rise of the Black Reparations Movement 58 New York University Annual Survey of American Law 447 (2003) It is a pleasure to provide an introduction for a conference on the black reparations movement for two reasons. First, much has been written recently about the rise of the black reparations movement and the theoretical aspects of black reparations, but there has been little focus on comparative or practical considerations. This symposium issue... 2003
Emma Coleman Jordan A History Lesson: Reparations for What? 58 New York University Annual Survey of American Law 557 (2003) A major difficulty facing the reparations-for-slavery movement is that to date the movement has focused its litigation strategies and its rhetorical effort upon the institution of slavery. While slavery is the root of modern racism, it suffers many defects as the centerpiece of a reparations litigation strategy. The most important difficulty is... 2003
  A Year of Firsts 50 Louisiana Bar Journal 434 (April/May, 2003) Boyle Becomes New Orleans Bar Association President By Marta-Ann Schnabel I look at this time and our role in the bar as a bridge between two different centuries of bar leadership, bar involvement. In order to continue to grow, to improve, to represent our community, we can't just look at and celebrate the past; we can't just live in the present;... 2003
Albert Mosley Affirmative Action as a Form of Reparations 33 University of Memphis Law Review 353 (Winter, 2003) I. Introduction. 353 II. Affirmative Action and Its Role as Compensation for Past Racial Discrimination. 355 III. Conclusion. 363 2003
Otis B. Grant African American College Football Players and the Dilemma of Exploitation, Racism and Education: a Socio-economic Analysis of Sports Law 24 Whittier Law Review 645 (Spring 2003) This article examines whether the current rules, regulations, and policies of the National Collegiate Athletic Association (NCAA) perpetuate the exploitation of student-athletes who are given athletic scholarships to play on intercollegiate football teams. This article contends that colleges that grant full athletic scholarships exploit football... 2003
Phyliss Craig-Taylor African-american Farmers and the Fight for Survival: the Continuing Examination for Insights into the Historical Genesis of this Dilemma 26 North Carolina Central Law Journal 21 (Fall 2003) The African-American land loss syndrome is a statistically confirmed reality. From the days of slavery with all of its inhumaneness, our nation has had difficulties in fairly addressing issues of race. It is more accurate to state that racism and discrimination have predominated the American interracial landscape. One of the pitfalls in the... 2003
Kevin D. Brown African-americans Within the Context of International Oppression 17 Temple International and Comparative Law Journal 1 (Spring 2003) There is a philosophy woven into this comment. Life is lived through conflicting and competing systems of meaning, which provide alternative explanations of the world around us. Phenomena that force themselves into our consciousness must be comprehended in order for them to make sense. To understand and experience something, it must be... 2003
John O. Calmore Airing Dirty Laundry: Disputes among Privileged Blacks--from Clarence Thomas to "The Law School Five" 46 Howard Law Journal 175 (Winter 2003) To get from one day to the next, all competent members of society must be able to act, interact, and understand the meaning of what they do. -- Ira J. Cohen [T]he problem of the law-room is the order of things in the social hierarchy. The problem is connected to the power relationship between the people on the top and the people on the bottom. The... 2003
Peter Wallenstein, Virginia Polytechnic Institute and State University Alfred L. Brophy, Reconstructing the Dreamland: the Tulsa Riot of 1921-race, Reparations, and Reconciliation, New York: Oxford University Press, 2002. Pp. Xx + 187. $25.00 (Isbn 0-19-514685-9) 21 Law and History Review 638 (Fall, 2003) During the evening of May 31, 1921concerned that a young black man, Dick Rowland, was likely to be taken from his Oklahoma jail and lynchedthree carloads of armed black men (among them veterans of the Great War) made their way from Greenwood, the black section of Tulsa, downtown to the courthouse. Crowds gathered, and a shot rang out, touching... 2003
Eric K. Yamamoto , Susan K. Serrano , Michelle Natividad Rodriguez American Racial Justice on Trial--again: African American Reparations, Human Rights, and the War on Terror 101 Michigan Law Review 1269 (March, 2003) Few questions challenge us to consider 380 years of history all at once, to tunnel inside our souls to discover what we truly believe about race and equality and the value of human suffering. --Kevin Merida (on African American reparations) Secretary of State Colin L. Powell said today that terrorists can only be attacked from the highest moral... 2003
  Amici Curiae Brief to the United States Supreme Court on Behalf of the University of Michigan Asian Pacific American Law Students Association, Black Law Students' Alliance, Latino Law Students Association, and Native American Law Students Association, in 10 Michigan Journal of Gender & Law L. 1 (2003) Editorial Introduction. 2 Biographies of Student Contributors. 3 Brief of the University of Michigan Asian Pacific American Law Students Association, Black Law Students' Alliance, Latino Law Students Association, and Native American Law Students Association as Amici Curiae in Support of Respondents in Grutter v. Bollinger, et. al.. 7 I. Interest of... 2003
Hanes Walton, Jr., Cheryl M. Miller, Joseph McCormick, II An African-american Commemorative Law: National Freedom Day Enactment and Presidents Franklin D. Roosevelt and Harry S. Truman 6 Howard Scroll: The Social Justice Law Review 89 (Fall, 2003) The proposal for a commemorative holiday for the observance of the Emancipation Proclamation was an agenda item placed before two presidents over the 1941-1949 time period. In response to strong policy entrepreneurship by a pressure group, presidents Franklin Roosevelt and Harry Truman played similar roles as this idea moved from policy proposal to... 2003
Lenese C. Herbert Bête Noire: How Race-based Policing Threatens National Security 9 Michigan Journal of Race and Law 149 (Fall 2003) FOREWORD. 150 INTRODUCTION. 155 I. Couverture: The Fourth Amendment: Doctrine of the Free. 159 II. Excluez: The Face of Those not yet Unseen -- African Americans and the Black Bill of Rights. 163 A. Slavery, Violence, and the Institution of Slavery. 164 B. Policing Freedmen. 168 C. Petit Apartheid: Policing Them Not Us . 170 III.... 2003
Natsu Taylor Saito Beyond Reparations: Accommodating Wrongs or Honoring Resistance? 1 Hastings Race and Poverty Law Journal 27 (Fall, 2003) Reparations for race-related wrongs have become a common subject of both popular and scholarly discourse. There is a great deal of public discussion-- and some remedial action--with respect to wrongs arising out of World War II, and the subject of reparations to African Americans has once again become a subject of widespread debate. Accordingly, it... 2003
Rogers M. Smith Black and White after Brown: Constructions of Race in Modern Supreme Court Decisions 5 University of Pennsylvania Journal of Constitutional Law 709 (May, 2003) This essay examines one dimension of a quite broad-ranging topic: how modern American law is explicitly and implicitly constructing the racial identities of contemporary American citizens. I focus on two contrasting conceptions of white and black racial identity visible in decisions of the United States Supreme Court during the post-Jim Crow... 2003
Mary Mack Adu, Esq., Counsel of Record, 37 Shannon Circle, Alameda, California 94502, (510) 521-8626 Brief of Amici Curiae on Behalf of a Committee of Concerned Black Graduates of Aba Accredited Law Schools: Vicky L. Beasley, Devon W. Carbado, Tasha L. Cooper, Kimberlé Crenshaw, Luke Charles Harris, Shavar Jeffries, Sidney Majalya, Wanda R. Stansbury, Jo 9 Michigan Journal of Race and Law L. 5 (Fall 2003) TABLE OF CONTENTS. 6 INTEREST OF AMICI CURIAE. 7 SUMMARY OF ARGUMENT. 7 ARGUMENT. 8 CORRECTING THE SYSTEMIC WAYS TRADITIONAL ADMISSIONS CRITERIA EMBED RACIAL PREFERENCES IS A COMPELLING STATE INTEREST. 8 I. Universities Are Constitutionally Permitted to Counteract Racial Preferences Embedded in Traditional Admissions Criteria.. 8 A. Properly... 2003
  Brief of Amici Curiae, the New Mexico Hispanic Bar Association, the New Mexico Black Lawyers Association, and the New Mexico Indian Bar Association 14 Berkeley La Raza Law Journal 51 (Spring 2003) Edward Benavidez Counsel of Record 10428 Heron Rd. SW, ABQ, NM 87121 505-831-5293 David Urias 1 New York Plaza, NY, NY 10004 Ernestina Cruz 500 Marquette NW, ABQ, NM 87102 Amici curiae are three organizations together representing over five hundred New Mexico attorneys, most of whom self identify as Hispanic, African American or Native American.... 2003
Alfreda Robinson Corporate Social Responsibility and African American Reparations: Jubilee 55 Rutgers Law Review 309 (Winter 2003) But if there is not sufficient means to recover it,what was sold shall remain with the purchaser until the year of jubilee;in the jubilee it shall be released,and the property shall be returned. Leviticus 25:28 Summary. 311 I. Introduction. 312 II. Corporate Reparations Paradigm: Stretched to the Limit Stakeholder Theory of Corporate Social... 2003
Christian Sundquist Critical Praxis, Spirit Healing, and Community Activism: Preserving a Subversive Dialogue on Reparations 58 New York University Annual Survey of American Law 659 (2003) Remembering the past has always been a difficult and painful endeavor for the Black community. The effects of over two hundred forty-five years of slavery, three hundred fifty years of government-sponsored racial discrimination, and three hundred eighty years of pervasive racism and economic oppression will do that to a people. The Black community... 2003
Joseph E. Kennedy Drug Wars in Black and White 66-SUM Law and Contemporary Problems 153 (Summer 2003) Over the past two decades, we have waged war on drugs. Yet it is not likely to be news to any reader of this Symposium on race and criminal justice that the primary casualties of that war have been African Americans and other individuals of color. The debate over the racial complexion of the war against drugs often devolves into a clash of... 2003
Robert Westley Foreword: Bridging the Public/private Law Divide in African-american Reparations Discourse 55 Rutgers Law Review 301 (Winter 2003) Amid the ascendancy of the jurisprudence of backlash, the continuing assault on race conscious remedial programs, and the potential demise of affirmative action on the horizon, Black reparations discourse in recent years has reached levels of unprecedented productivity at a time when status based claims involving race have come under great attack.... 2003
Adjoa A. Aiyetoro Formulating Reparations Litigation Through the Eyes of the Movement 58 New York University Annual Survey of American Law 457 (2003) Discussions are now being held throughout the world in academic, community and governmental organizations concerning reparations as a remedy for the enslavement of African peoples in the Americas and the continuing vestiges of chattel slavery. It has taken on a level of seriousness which surprises many, largely because the concept of reparations... 2003
C. Ray Cliett How a Note or a Grope Can Be Justification for the Killing of a Homosexual. An Analysis of the Effects of the Supreme Court's Views on Homosexuals, African-americans and Women 29 New England Journal on Criminal and Civil Confinement 219 (Summer, 2003) The expression you're letting your slip show is a common way for gay men to tell each other that they are acting too gay. It is a way of saying you might want to tone it down a bit or else people might begin to suspect that you are gay. This is a necessary way of thinking in a society that is so focused on heterosexuality. The model which... 2003
Eduardo Luna How the Black/white Paradigm Renders Mexicans/mexican Americans and Discrimination Against Them Invisible 14 Berkeley La Raza Law Journal 225 (Fall 2003) A number of authors have noted the relative lack of attention Mexicans and Mexican Americans receive by academics and popular media alike. Scholars, popular print and visual media that attract large audiences all ignore the experiences of Mexicans/Mexican Americans. This lack of attention is apparent in virtually every realm of American society.... 2003
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