AuthorTitleCitationSummaryYear
Carroll G. Robinson How Will I Know 28 Thurgood Marshall Law Review 133 (Spring, 2003) I want to temper reality with a touch of idealism while offering some food for thought. In 1903, W.E.B. DuBois wrote the Soul of Black Folks, where he posed the question, [w]hat shall be done with Negroes? That question continues to confront this nation but now encompasses how people of color will be treated. It is important to remind one, as... 2003
James L. Noles, Jr. Hugo L. Black: Justice for All a Biography for Young Readers, by Roz Morris, Paperback, Seacoast Publishing, 2001 128 Pages, Illustrated, $7.95 64 Alabama Lawyer 62 (January, 2003) Hugo L. Black: Justice for All is one of the initial offerings in an ambitious project: the development of a wide-ranging series of biographies of famous Alabamians for young readers. Published as a joint venture between Will Publishing, Inc. and Birmingham's Seacoast Publishing, the Alabama Roots biography series provides elementary school... 2003
Cheryl D. Hicks In Danger of Becoming Morally Depraved: Single Black Women, Working-class Black Families, and New York State's Wayward Minor Laws, 1917-1928 151 University of Pennsylvania Law Review 2077 (June, 2003) In 1923, Gail Lewis attended a local Fourth of July party. Instead of coming directly home after realizing that she had broken her curfew, the black seventeen-year-old New York native decided to stay out all night and face her parents, especially her father whom she feared would be angered by her actions, the following day. Clearly, Lewis's broken... 2003
Danielle C. Gray , Travis LeBlanc Integrating Elite Law Schools and the Legal Profession: a View from the Black Law Students Associations of Harvard, Stanford, and Yale Law Schools 19 Harvard BlackLetter Law Journal 43 (Spring, 2003) The University of Michigan affirmative action cases are the most high-profile cases the United States Supreme Court has undertaken since Bush v. Gore. These lawsuits present the Court, and the country, with the constitutional question of affirmative action in higher education for the first time in a quarter of a century. Although the Court has had... 2003
Brian L. Hager Is There Light at the End of the Tunnel? Balancing Finality and Accuracy for Federal Black Lung Benefits Awards 60 Washington and Lee Law Review 1561 (Fall, 2003) C1-5Table of Contents I. L2-4,T4Introduction 1562 II. L2-4,T4The Federal Black Lung Benefits Program 1566 A. L3-4,T4Background of Coal Mining and Black Lung Disease 1566. B. L3-4,T4The Birth of Black Lung Benefits 1569. C. L3-4,T4Statutory Framework of the Black Lung Benefits Act 1571. 1. Title IV of the Federal Coal Mine Health and Safety Act.... 2003
E. Nathaniel Gates Let Us Be Done with Totalizing "Black" Histories 1 Cardozo Public Law, Policy and Ethics Journal 189 (May, 2003) Race is not only real, but also illusory. Not only is it common sense, it is common nonsense. Not only does it establish our identity; it also denies us our identity. In the preface to his thought-provoking essay collection, Rebels in the Law: Voices in History of Black Women Lawyers, J. Clay Smith Jr. speaks of [t]he need for a collection of... 2003
Jeffrey D. Kubik, John R. Moran, Syracuse University Lethal Elections: Gubernatorial Politics and the Timing of Executions 46 Journal of Law & Economics Econ. 1 (April, 2003) We document the existence of a gubernatorial election cycle in state executions, which suggests that election-year political considerations play a role in determining the timing of executions. Our analysis indicates that states are approximately 25 percent more likely to conduct executions in gubernatorial election years than in other years. We... 2003
George B. Shepherd No African-american Lawyers Allowed: the Inefficient Racism of the Aba's Accreditation of Law Schools 53 Journal of Legal Education 103 (March, 2003) The American Bar Association acknowledges the national scandal of the low number of African-Americans in the legal profession: only 4 percent of lawyers are black, compared to 13 percent of the population. Blacks are less represented in the law than in almost any other profession, including physicians. The underrepresentation in the legal... 2003
J. Cunyon Gordon Painting by Numbers: "And, Um, Let's Have a Black Lawyer Sit at Our Table" 71 Fordham Law Review 1257 (March, 2003) No one can deny that law and lawyers occupy a large space in the nation's psyche. The public perception of lawyers directly affects the public perception of the fairness of the law and the justice it purports to dispense. Because the public may see lawyers as the guarantor[s] of our national integrity, disrespect for and mistrust of lawyers... 2003
Chad W. Bryan Precedent for Reparations? A Look at Historical Movements for Redress and Where Awarding Reparations for Slavery Might Fit 54 Alabama Law Review 599 (Winter 2003) While by no means a new concept, the debate over modern reparations for slavery has taken on a new intensity in recent years, especially among the African American community. Much of this focus has come as a result of the Civil Liberties Act of 1988, congressional legislation awarding reparations for the World War II internment of thousands of... 2003
Morgan Cloud Quakers, Slaves and the Founders: Profiling to Save the Union 73 Mississippi Law Journal 369 (Special Edition 2003) Racial and religious profiling is inconsistent with a fundamental tenet of Fourth Amendment doctrine. In most circumstances, law enforcers must possess fact-based, particularized suspicion before they seize or search a person or property. The inconsistency between the constitutional requirement of individualized suspicion and reliance on group... 2003
Christopher C. Jones Redemption Song: an Analysis of the Reparations Movement 33 University of Memphis Law Review 449 (Winter, 2003) I. L2-4,T4Introduction 450 II. L2-4,T4The History and Background of the Reparations Movement 451 A. L3-4,T4The Freedmen's Bureau 451. B. L3-4,T4Dr. Martin Luther King, Jr. 453. C. L3-4,T4Reparations in the United States for Other Injured Groups 454. 1. The Tulsa and Rosewood Race Riots. 454 2. Japanese Detainees of World War II. 456 3. Reparations... 2003
Kevin D. Brown Reexamination of the Benefit of Publicly Funded Private Education for African-american Students in a Post-desegregation Era 36 Indiana Law Review 477 (2003) Almost fifty years have elapsed since the Supreme Court rendered its historic opinion in Brown v. Board of Education. That opinion launched American society into the desegregation era and became the catalyst for astonishing changes in race and race relations. Yet, despite the obvious advancement in race relations, our national agenda is still... 2003
Roy L. Brooks Rehabilitative Reparations for the Judicial Process 58 New York University Annual Survey of American Law 475 (2003) One of the most important issues in the debate on black reparations concerns the precise form such reparations should assume. Should they be in the form of a check from the federal government or culpable corporation made payable to individuals or families of slave descendants? If so, how does one calculate such payments? Should reparations be in... 2003
Abe Krash Remembering Abe Fortas and Hugo Black 27-FEB Champion 12 (January/February, 2003) The principal architects of the Supreme Court's landmark decision in Gideon v. Wainwright were Abe Fortas, a brilliant advocate, and Hugo Black, a great jurist. Fortas, who was then a lawyer in private practice in Washington, DC, was appointed by the Supreme Court to represent Clarence Earl Gideon in connection with his appeal. He wrote the brief... 2003
Chanté Lasco Repairing the Irreparable: Current and Future Approaches to Reparations 10-WTR Human Rights 18 (Winter, 2003) In his bestselling book entitled, We Wish to Inform You That Tomorrow We Will Be Killed With Our Families: Stories from Rwanda, Philip Gourevitch describes the physical destruction and emotional wreckage left in the wake of the Rwandan genocide. One survivor describes Kigali, the capital of Rwanda, as a necropolis. The place smelled of death, he... 2003
Charles J. Ogletree, Jr. Repairing the Past: New Efforts in the Reparations Debate in America 38 Harvard Civil Rights-Civil Liberties Law Review 279 (Summer, 2003) The reparations debate, in America and globally, has gained momentum in recent years, and it will only grow in significance over time. 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 call for repayment of the debt for slavery has reached a... 2003
Ransford W. Palmer Reparations and the Black-white Income Gap 6 Howard Scroll: The Social Justice Law Review 71 (Fall, 2003) The issue of reparations for slavery has gained more attention in recent years, but it has not yet attracted a ground swell of support. Even among the Black population, opinion is divided. Those who advocate reparations seek solutions in the courts, but the strength of their arguments must be based not only on law, but also on the social and... 2003
Lee A. Harris Reparations as a Dirty Word: the Norm Against Slavery Reparations 33 University of Memphis Law Review 409 (Winter, 2003) I. L2-4,T4Introduction 409 II. L2-4,T4Origins of the Anti-Reparations Norm 413 A. L3-4,T4Culture 414. 1. Self-reliance. 415 2. Private Property. 417 3. Equal Opportunity. 419 B. L3-4,T4Individuals 421. C. L3-4,T4Law 426. III. L2-4,T4Public Discourse in Light of the Anti-Reparations Norm 430 A. L3-4,T4Political Discourse 430. B. L3-4,T4Academic... 2003
Stephen Kershnar Reparations for Slavery and Justice 33 University of Memphis Law Review 277 (Winter, 2003) I. L2-5,T5Introduction 278 II. L2-5,T5The Descendants of Slaves Were Not Unjustly Harmed by Slavery 278 A. L3-5,T5Claims of Compensatory Justice Require an Unjust Harm 278 B. L3-5,T5Slavery Did Not Harm the Descendants of Slaves 280 C. L3-5,T5Even If Slavery Harmed the Descendants, It Probably Did Not Do So Unjustly 282 III. L2-5,T5The Inheritance... 2003
Eric A. Posner , Adrian Vermeule Reparations for Slavery and Other Historical Injustices 103 Columbia Law Review 689 (April, 2003) Victims of historical injustices who have no positive law claim against wrongdoers often seek reparations from governments, and occasionally they obtain them. The best known reparations programs are those for Japanese Americans who were interned by the United States government during World War II, and for victims of the Nazi Holocaust. But there... 2003
Charles J. Ogletree, Jr. Reparations for the Children of Slaves: Litigating the Issues 33 University of Memphis Law Review 245 (Winter, 2003) Reparations presents one of the most controversial issues facing race relations in America today. It is controversial, in part, because it involves something more than the usual attempt to resist the roll-back of civil rights gains of the 1950s and 1960s. Instead, reparations requires an active, forward-looking response to America's baleful history... 2003
Erin Daly Reparations in South Africa: a Cautionary Tale 33 University of Memphis Law Review 367 (Winter, 2003) The South African experience with reparations is an important object lesson for any major effort to seek reparations to the descendents of slaves in the United States. In large part, this is because South Africa represents the best possible case for reparations: there were clear and gross violations of human rights, still-suffering victims,... 2003
Anthony J. Sebok Reparations, Unjust Enrichment, and the Importance of Knowing the Difference Between the Two 58 New York University Annual Survey of American Law 651 (2003) The question of whether and how to sue in private law for the injuries caused by slavery in the United States is important from both a social and legal perspective. Here, I am going to examine a very small and specific part of the question. My advice to those who wish to address the question of historic injustice through tort suits is to move... 2003
George Schedler Responsibility for and Estimation of the Damages of American Slavery 33 University of Memphis Law Review 307 (Winter, 2003) I. L2-5,T5Introduction 308 A. L3-5,T5Approach to the Questions 309 B. L3-5,T5Terminology, Principles, and Summary of Conclusions 309 1. L4-5,T5Classes of Victims 309 2. L4-5,T5Compensatory and Restitutionary Justice 310 3. L4-5,T5Status Quo Post 310 4. L4-5,T5Full Compensation for Enslavement 311 C. L3-5,T5Settled Intuitions 312 D.... 2003
Anne-Marie G. Harris Shopping While Black: Applying 42 U.s.c. § 1981 to Cases of Consumer Racial Profiling 23 Boston College Third World Law Journal 1 (Winter, 2003) Abstract: This Article describes the practice of Consumer Racial Profiling (CRP) by attempting to quantify it and to identify its causes and its effects. The author presents the case against Cracker Barrel Old Country Stores to illustrate the nature of modern-day consumer discrimination. The Article identifies the applicable laws and assesses the... 2003
Vivian L. Gadsden , Stanton E. F. Wortham , Herbert M. Turner III Situated Identities of Young, African American Fathers in Low-income Urban Settings 41 Family Court Review 381 (July, 2003) Young, low-income, African American fathers have been at the center of research, practice, and policy on families over the past decade. This article uses a voicing analytic technique to examine identities among young, low-income, African American fathers living in an urban setting; the intersections of these identities; and the fathers'... 2003
Donald K. Hill Social Separation in America: Thurgood Marshall and the Texas Connections 28 Thurgood Marshall Law Review 177 (Spring, 2003) Thoroughgood, later changed to Thurgood, Marshall spent the first third of his life exploring the Eastern Shore of Maryland. His family moved to New York's Harlem when he was two years old but returned to Baltimore's Druid Hill Avenue four years later. In high school, he traveled to Delaware with the debating team, and as a part-time porter; he... 2003
Alfred L. Brophy Some Conceptual and Legal Problems in Reparations for Slavery 58 New York University Annual Survey of American Law 497 (2003) Now that reparations talk has gained wide acceptance on college campuses, on the opinion pages of the nations' newspapers, and even on occasion in the halls of Congress, we need to focus on the moral and legal case for reparations and how proposals made might actually work. Reparations may be becoming widely accepted as an ideal, but there is... 2003
Maxine Burkett Strategic Voting and African-americans: True Vote, True Representation, True Power for the Black Community 8 Michigan Journal of Race and Law 425 (Spring 2003) Introduction. 425 I. African-Americans in the Political Marketplace. 428 A. The Critique. 428 B. The Notion of Strategic Voting. 428 II. The Meaning of Black Political Party Affiliation. 428 A. The Failure of Democratic Representation. 428 B. Our Resilient Loyalties: The Brief Tale of Gary Franks and the CBC. 428 C. Interethnic Competition: Dealing... 2003
Robert S. Chang Syllabus: Asian Americans and the Law 10 Asian Law Journal 105 (May, 2003) Michael Omi & Howard Winant, Racial Formation in the United States, From the 1960s to the 1990s, at 9-13 (2d ed. 1994). Yen Le Espiritu, Asian American Panethnicity: Bridging Institutions and Identities 1-18 (1992). Yen Le Espiritu, Asian American Women and Men 108-19 (1997). Robert S. Chang, Disoriented: Asian Americans, Law, and the Nation-State... 2003
Professor Leti Volpp Syllabus: Asian Pacific Americans and the Law 10 Asian Law Journal 97 (May, 2003) Yen Le Espiritu, Asian American Panethnicity: Bridging Institutions and Identities 1-2, 12-18 (1992). Lisa Lowe, Heterogeneity, Hybridity, Multiplicity: Asian American Differences, in Immigrant Acts: On Asian American Cultural Politics 60-83 (1996). Chris Iijima, The Era of We-Construction: Reclaiming the Politics of Asian Pacific American Identity... 2003
Lorenzo Morris Symptoms of Withdrawal--the U.n., the U. S., Racism and Reparations 6 Howard Scroll: The Social Justice Law Review 49 (Fall, 2003) When the most enduring social problem in U.S. history came together with one of the country's persistently irritating international alliances, it gave rise to the U.S. retreat from the United Nations Conference on Racism in Durban, South Africa. At the August-September 2001 conference, a host of caucuses, non-governmental organizations (NGOs) and... 2003
William M. Wiecek Synoptic of United States Supreme Court Decisions Affecting the Rights of African-americans, 1873-1940 4 Barry Law Review 21 (Fall 2003) We conventionally assume that black Americans fared badly at the hands of the United States Supreme Court after Reconstruction. Justice Lewis Powell expressed this received wisdom in 1978: the equal protection clause was virtually strangled in its infancy by post-civil-war reactionism. It was relegated to decades of relative desuetude while the... 2003
Sharrolyn Jackson Miles The Administration of Justice: Disparate Treatment and Effect on Black Male Youth in Louisiana's Juvenile Justice System 30 Southern University Law Review 373 (Fall, 2003) The reality is simple. Despite the fact that slavery was abolished years ago, young black males in Louisiana have a higher chance of losing their freedom than any other group in America. Why? That answer is not so simple. Nevertheless, the bottom line is that young black boys are over-represented in the state's detention centers and youth prisons... 2003
Ron Walters The Black Experience with Terrorism 6 Howard Scroll: The Social Justice Law Review 77 (Fall, 2003) W.E.B. DuBois' famous insight that there is a two-ness to the Black American experience is well known. But it is not fully understood or appreciated that his paradigm of two souls, warring in one dark body was a germ of a historical process that has produced a synthesis in the form of a distinct American perspective. This perspective is not... 2003
Kevin R. Johnson The Case for African American and Latina/o Cooperation in Challenging Racial Profiling in Law Enforcement 55 Florida Law Review 341 (January, 2003) I. L2-3,T3Racial Profiling in Law Enforcement 343. A. Criminal Law Enforcement. 343 B. Immigration Enforcement. 347 II. L2-3,T3Similar Harms, Common Concerns, and the Relationship Between Different Forms of Race-Based Law Enforcement 353. III. L2-3,T3The Efficacy of Multiracial Coalitions in Challenging Racial Profiling in Law Enforcement 357. IV.... 2003
Sheila A. Bedi The Constructed Identities of Asian and African Americans: a Story of Two Races and the Criminal Justice System 19 Harvard BlackLetter Law Journal 181 (Spring, 2003) The United States' criminal justice system is a modern form of tribal warfare. However, battles have been raging against racial minorities in the U.S. long before the war on drugs was officially declared. The racism embedded in the criminal justice system is born of the same hatred and fear that spawned slavery, Jim Crow, and exclusionary... 2003
Charles J. Ogletree, Jr. The Current Reparations Debate 36 U.C. Davis Law Review 1051 (June, 2003) I. Reparations, Repair, and Victims' Rights. 1051 II. Defining Reparations. 1055 III. The Race-Skewed Notion of Victimhood. 1058 IV. A History of Violence. 1060 V. Accounting for the Victims. 1062 VI. Repair and Reparations. 1064 VII. Failure of Dialogue. 1066 VIII. Types of Lawsuit Available. 1070 Reparations for African Americans strike at the... 2003
Jesse K. Souki The Forgotten Heroes: Reparations for Victims of Occupied Guam During World War Ii 1 Seattle Journal for Social Justice 573 (Spring/Summer, 2003) So as we were sitting there, someone interrupted and came in and started investigating us, whether we're waiting for the American, whether we love the American. Do you understand the American ain't gonna find nothing but just flies? The September 11, 2001 attacks and the December 7, 1941 air raid on Pearl Harbor are not the only occasions when an... 2003
Roy Carleton Howell The Individuals with Disabilities Education Act (Idea): Reaching the Black Legal Community to Inform Black People of Their Idea Rights 31 Southern University Law Review 85 (Fall 2003) In the 1981 book, Bad Blood: The Tuskegee Syphilis Experiment, the author chronicles an early twentieth century federal government program in Macon County, Alabama where 399 Black men with syphilis were intentionally not treated so the government could gain medical data on serious complications and subsequent death resulting from syphilis. This... 2003
Aman McLeod, , Ismail K. White , Amelia R. Gavin The Locked Ballot Box: the Impact of State Criminal Disenfranchisement Laws on African American Voting Behavior and Implications for Reform 11 Virginia Journal of Social Policy and the Law 66 (Fall 2003) The increasing percentage of the U.S. voting-age population who can no longer vote due to a criminal conviction has many disturbing implications for American democracy. In this article, we examine the impact of state criminal disenfranchisement laws on American electoral behavior, and explain how our findings bolster arguments in favor of repealing... 2003
Maribeth G. Berlin The Shortcomings of the Supreme Court's Viewpoint Discrimination Analysis in Virginia V. Black 81 Denver University Law Review 143 (2003) In 1998, a group of men in Virginia Beach, Virginia, burned a homemade, wooden cross on a black family's lawn. The vengeful act put the family in fear of what would happen next. The family called the police, which led to the arrest and conviction of two men under the state's law against cross burning. However, the convictions were subsequently... 2003
William C. Kidder The Struggle for Access from Sweatt to Grutter: a History of African American, Latino, and American Indian Law School Admissions, 1950-2000 19 Harvard BlackLetter Law Journal 1 (Spring, 2003) In Grutter v. Bollinger, a challenge to race-conscious affirmative action at the University of Michigan Law School, the Sixth Circuit recently ruled that achieving diversity to enhance education is a compelling governmental interest and that the Michigan Law School's program is narrowly tailored to meet that goal. With the Supreme Court granting... 2003
Taunya Lovell Banks , Penelope Andrews Two "Colored" Women's Conversation about the Relevance of Feminist Law Journals in the Twenty-first Century 12 Columbia Journal of Gender and Law 498 (2003) The invitation to participate in the Columbia Journal of Gender and Law symposium on the relevance of feminist law journals provided an ideal opportunity for us to reassess our collective endeavors as teachers, scholars, and advocates committed to social justice. Feminist methodology and epistemology have been instrumental in shaping our conceptual... 2003
James L. Swanson Unholy Fire: Cross Burning, Symbolic Speech, and the First Amendment Virginia V. Black 2003 Cato Supreme Court Review 81 (2002-2003) Americans love to speak not only through their words, but through expressive conduct, often called symbolic speech. In the twentieth century, people have expressed themselves by displaying the red flag as a symbol of international revolution, by incorporating the Confederate stars and bars battle flag into the official flags of several southern... 2003
David Horowitz Unsavory Black Insinuations: a Reply to David Boyle 105 West Virginia Law Review 699 (Spring 2003) I am not happy with this title and don't for a moment believe that the unsavory insinuations in David Boyle's article (Unsavory White Omissions: A Review of Uncivil Wars) are in any way black, in the sense of being generic to black Americans. My excuse for this verbal excess is to provide an object lesson for an academic audience that is... 2003
Karen Maxcy Virginia V. Black, 123 S. Ct. 1536 (2003) 35 Urban Lawyer 395 (Spring, 2003) The State of Virginia may outlaw cross burning that is carried out with the intent to intimidate because the practice is a particularly virulent form of intimidation. However, Virginia's prima facie provision within the cross burning statute, which permits the conviction of a person solely based on cross burning itself without contextual... 2003
Bob Carlson Why Slavery Reparations Are Good for Civil Procedure Class 47 Saint Louis University Law Journal 139 (Winter 2003) As a 1L, I found much of Civil Procedure class to be mundane and boring. Although Civil Procedure is key to any successful litigation, few that I know in the legal world find it interesting, and it rarely comes up when lawyers discuss their favorite things about law. Rarer still is the attorney who would enjoy nothing more than reading and writing... 2003
Gregory Kane Why the Reparations Movement Should Fail 3 Margins: Maryland's Law Journal on Race, Religion, Gender, and Class 189 (Spring, 2003) In 1865, the abolition of slavery began a new chapter in our country's history. Nearly 140 years later, the controversy over slavery continues as many claim that African-Americans are owed a debt because of slavery's negative effects. These claims have flourished in the form of reparations not only for the benefit of descendants of slaves, but for... 2003
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