| Author | Title | Citation | Summary | Year |
| Van B. Luong |
Political Interest Convergence: African American Reparations and the Image of American Democracy |
25 University of Hawaii Law Review 253 (Winter, 2002) |
[W]ith firmness in the right . . . let us strive on to finish the work we are in, to bind up the nation's wounds . . . to do all which may achieve and cherish a just and lasting peace among ourselves and with all nations. Abraham Lincoln, 1865. A 1998 census report revealed that the living conditions of African Americans fell far below that of... |
2002 |
| Wilbur C. Rich |
Putting Black Kids into a Trick Bag: Anatomizing the Inner-city Public School Reform |
8 Michigan Journal of Race and Law 159 (Fall 2002) |
This Article is based in part on remarks presented at the Separate but Unequal: The Status of America's Public Schools Symposium, University of Michigan Law School, February 8-9, 2002. INTRODUCTION. 159 I. The Promise of Brown161 II. The Effects of White Flight. 165 III. Why School Desegregation Failed. 168 IV. The Search for Alternatives. 170 A.... |
2002 |
| Michele Goodwin |
Race & Urban Health: Confronting a New Frontier |
5 DePaul Journal of Health Care Law 181 (Summer 2002) |
Scholars from across the country have recently been involved with the Health Law Institute at the DePaul University College of Law as we begin to critically study the implications of urban health care issues in America. We recognize that those who live and work in urban environments face an array of unique health and access problems and that those... |
2002 |
| Cynthia G. Hawkins-León , Carla Bradley |
Race and Transracial Adoption: the Answer Is Neither Simply Black or White Nor Right or Wrong |
51 Catholic University Law Review 1227 (Summer, 2002) |
I. L2-4Parameters of the Foster Care Crisis: Statistics II. L2-4The Phenomenon of Transracial Adoption A. L3-4History 1. The 1904 Arizona Orphan Train: The Wrong Way on a One-Way Track 2. Transracial Adoption in Modern Times B. L3-4Federal Statutory Framework 1. The Multi-Ethnic Placement Act of 1994 and the Removal of Barriers to Interethnic... |
2002 |
| Mary Jo Wiggins |
Race, Class, and Suburbia: the Modern Black Suburb as a 'Race-making Situation' |
35 University of Michigan Journal of Law Reform 749 (Summer 2002) |
In her Article, Professor Wiggins discusses the complex social phenomenon of Black suburbanization, focusing on the commercial disinvestment in and around predominately Black suburbs. She traces the historical relationship between Black Americans and the suburbs, and describes in detail the commercial disinvestment in two contemporary Black... |
2002 |
| Kenneth B. Nunn |
Race, Crime and the Pool of Surplus Criminality: or Why the 'War on Drugs' Was a 'War on Blacks' |
6 Journal of Gender, Race and Justice 381 (Fall 2002) |
The War on Drugs has had a devastating effect on African American communities nationwide. Throughout the drug war, African Americans have been disproportionately investigated, detained, searched, arrested and charged with the use, possession and sale of illegal drugs. Vast numbers of African Americans have been jailed and imprisoned pursuant to the... |
2002 |
| Christian Tomuschat |
Reparation for Victims of Grave Human Rights Violations |
10 Tulane Journal of International and Comparative Law 157 (Spring 2002) |
I. Introduction. 157 II. New Trends. 158 III. The Balance Sheet. 161 A. International Instruments. 161 B. International Customary Law. 173 IV. The Underpinnings of the Applicable Regime of International Law. 174 A. Necessary Distinctions. 174 B. Internal Conflict. 175 C. International Armed Conflict. 176 D. Assessment. 180 V. Claims under... |
2002 |
| Robert Westley |
Reparations and Symbiosis: Reclaiming the Remedial Focus |
71 UMKC Law Review 419 (Winter 2002) |
The metaphors that a society uses to describe injustice matter to the extent that they inform remedial responses to the unjust, motivate political resistance, and construct identity narratives for actors caught up in the web of social relations. Racism is a powerful metaphor of injustice that crosses multiple social boundaries. Sexism is another... |
2002 |
| Ediberto Roman |
Reparations and the Colonial Dilemma: the Insurmountable Hurdles and Yet Transformative Benefits |
13 Berkeley La Raza Law Journal 369 (Fall 2002) |
The Seventh Annual Latina and Latino Critical Race Theory (LatCrit) Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the... |
2002 |
| Watson Branch |
Reparations for Slavery: a Dream Deferred |
3 San Diego International Law Journal 177 (2002) |
I. Models for Reparations for Slavery. 179 II. Slavery in America. 182 III. The Historical Record. 183 IV. The Present Situation. 187 V. The Case for Black Reparations Redux. 194 What happens to a dream deferred? Does it dry up like a raisin in the sun? . . . . . . . . Or does it explode? Langston Hughes Harlem When the year began, the prediction... |
2002 |
| Margalynne Armstrong |
Reparations Litigation: What about Unjust Enrichment? |
81 Oregon Law Review 771 (Fall 2002) |
In Cato v. United States, the Court of Appeals for the Ninth Circuit affirmed the district court's dismissal of a suit seeking damages and an apology for the enslavement of African Americans. The court held: Discrimination and bigotry of any type is intolerable, and the enslavement of Africans by this Country is inexcusable. This Court, however, is... |
2002 |
| Pedro A. Malavet |
Reparations Theory and Postcolonial Puerto Rico: Some Preliminary Thoughts |
13 Berkeley La Raza Law Journal 387 (Fall 2002) |
Introduction: Why Are You Here?. 387 I. Rotating Centers in the Reparations Discourse: The Sensitive Matter of Race. 393 II. Reparations Theory Through a LatCrit Lens. 399 A. The Legislation-Litigation Paradox for Reparations. 399 B. Constructing a LatCritical Meaning for Reparations. 404 C. Re/Creating Citizenship for Oppressed Groups Through... |
2002 |
| Meaghan N. Duff, Western Kentucky University |
Robert Olwell, Masters, Slaves, and Subjects: the Culture of Power in the South Carolina Low Country, 1740-1790, Ithaca: Cornell University Press, 1998. Pp. Xviii + 294. $52.50 Cloth (Isbn 0-8014-3488-2); $17.95 Paper (Isbn: 0-8014-8491-x). |
20 Law and History Review 407 (Summer, 2002) |
In this elegant and thoughtful book, Robert Olwell aims to illuminate the complex interrelationship between Kings & Slaves, colonialism and slavery, in one early American slave society: the mid-eighteenth-century South Carolina low country (3). He begins with the assertions that slavery was from the start a colonial institution and, more... |
2002 |
| Lis Wiehl |
Sounding Black in the Courtroom: Court-sanctioned Racial Stereotyping |
18 Harvard BlackLetter Law Journal 185 (Spring, 2002) |
The Kentucky Supreme Court recently upheld the conviction of a black man for selling crack cocaine based on the testimony of a white police officer, who stated that an unknown voice on an audio tape sounded like a black malethe defendant. The officer had never met or seen the defendant before trial. This Article argues that the decision is an... |
2002 |
| Andrew Brownstein |
Suits Bring Debate over Slavery Reparations into the Courtroom |
38-DEC Trial 68 (December, 2002) |
Under normal circumstances, four suits brought recently against J.P. Morgan Chase & Co., R.J. Reynolds Tobacco Holdings Inc., and other corporate giants would not have caused the companies significant alarm. The cases had the sort of elements defense lawyers love: alleged actions more than a hundred years old; no living witnesses or victims... |
2002 |
| Ryan Michael Spitzer |
The African Holocaust: Should Europe Pay Reparations to Africa for Colonialism and Slavery? |
35 Vanderbilt Journal of Transnational Law 1313 (October, 2002) |
For many people of European descent, slavery is little more than an unpleasant memory of a bygone and distant era, largely remembered more for the glory of empires lost and faded dreams of conquest and exploration. For many Africans and African Americans, however, slavery remains an unhealed wound that is frequently, if not constantly, reopened by... |
2002 |
| Jeffrey O'Connell , Thomas E. O'Connell |
The Comparable Roles in Social Legislation and Civil Rights of a Conventional Jewish Female and an Unconventional Black Homosexual Male: Belle Moskowitz and Bayard Rustin |
55 SMU Law Review 1641 (Fall 2002) |
IT would be hard to find two twentieth century figures who at first glance were more dissimilar than Belle Moskowitz and Bayard Rustin. She was a proper, discreet dignified, family-oriented, New York Jewess; he a black, irreverent proudly-open gay, bon vivant. The family background of Moskowitz (neé Lindner) was solid, bourgeois, conventional;... |
2002 |
| Donna B. McElroy, Esq. |
The Consideration of Race in Child Placement: Does it Serve the Best Interests of Black and Biracial Children? |
2 Margins: Maryland's Law Journal on Race, Religion, Gender, and Class 231 (Fall, 2002) |
Every day, in every corner of America, we are redrawing the color lines and redefining what race really means. It's not just a matter of black and white anymore; the nuances of brown and yellow and red mean more -- and less -- than ever. In a Newsweek special report, the editors explored an issue they believe will shape the twenty-first century - a... |
2002 |
| DAVID J. TREVINO |
The Currency of Reparations: Affirmative Action in College Admissions |
4 Scholar: St. Mary's Law Review on Minority Issues 439 (Spring 2002) |
I. Prologue-Ignacious and Reilly. 440 II. Introduction-What Position Do Minorities Occupy in the Social, Political, and Educational Strata?. 441 III. Hopwood v. Texas-The Decline of Bakke. 442 IV. Doctrinal Framework-Basic Information and Background. 445 V. Bakke-The Genesis of Racial Diversity as a Compelling Governmental Interest. 449 VI. Gratz &... |
2002 |
| Adjoa A. Aiyetoro |
The Development of the Movement for Reparations for African Descendants |
3 Journal of Law in Society 133 (Winter, 2002) |
The current movement for reparations for African descendants in the United States has its roots in the enslavement of African peoples. This demand for reparations has its ebbs and tides in terms of the numbers actively supporting it. There was a peak in the movement in the 1890s, resulting in the formation of the Ex-Slave Mutual Relief, Bounty &... |
2002 |
| Anthony T. Kronman |
The Genius of Charles Black |
102 Columbia Law Review 899 (May, 2002) |
Before he was a lawyer, and after he became one, Charles Black was a reader of the classics. As a student at the University of Texas in the 1930s, he studied Greek and Latin and read the ancient authors. In later years he reread them, with profit and delight, happy in their company as one is happy with old friends. I remember Charles telling me,... |
2002 |
| Anthony T. Kronman |
The Genius of Charles Black |
111 Yale Law Journal 1931 (June, 2002) |
Before he was a lawyer, and after he became one, Charles Black was a reader of the classics. As a student at the University of Texas in the 1930s, he studied Greek and Latin and read the ancient authors. In later years he reread them, with profit and delight, happy in their company as one is happy with old friends. I remember Charles telling me,... |
2002 |
| Sylvia R. Lazos Vargas |
The Latina/o and Apia Vote Post-2000: What Does it Mean to Move Beyond "Black and White" Politics? |
81 Oregon Law Review 783 (Winter 2002) |
LatCrit 2002 took place at an auspicious political juncture, a year and a half after the fateful Bush v. Gore decision, which broke a virtual electoral tie in favor of the Republican presidential candidate, and six months prior to the 2002 November midterm elections, in which Republicans swept into power in both houses of Congress, breaking... |
2002 |
| Lindsay Glauner |
The Need for Accountability and Reparation: 1830-1976 the United States Government's Role in the Promotion, Implementation, and Execution of the Crime of Genocide Against Native Americans |
51 DePaul Law Review 911 (Spring 2002) |
The opposite of love is not hate; it's indifference. The opposite of art is not ugliness; it's indifference. The opposite of faith is not heresy; it's indifference. The opposite of life is not death; it's indifference. Because of indifference, one dies before one actually dies. Elie Wiesel. On September 8, 2000, the head of the Bureau of Indian... |
2002 |
| Theresa Glennon |
The Stuart Rome Lecture Knocking Against the Rocks: Evaluating Institutional Practices and the African American Boy |
5 Journal of Health Care Law and Policy 10 (2002) |
A Frisky Child Knocks His Face Against the Rocks. The media portrays young black men as dangerous, hostile and out of control. While many African American boys do succeed, statistics about black youth reveal serious achievement gaps between them and their Caucasian counterparts in school and high rates of arrest and referral to juvenile court.... |
2002 |
| Alfred L. Brophy |
The World of Reparations: Slavery Reparations in Historical Perspective |
3 Journal of Law in Society 105 (Winter, 2002) |
We are hearing a lot about the case for reparations these daysreparations for Japanese-Americans interned by the United States during World War II, victims of the Nazi holocaust, Native American property losses. We are also hearing about many forms of reparationsdirect cash payments, apologies, truth commissions. And now we are hearing much about... |
2002 |
| Kristin Booth Glen |
When and Where We Enter: Rethinking Admission to the Legal Profession |
102 Columbia Law Review 1696 (October, 2002) |
This essay uses several lenses, including professionalism, lawyer competence, and widespread concern about high stakes testing to question why the bar examination should be virtually the only means of admission to the profession. Drawing on two major criticisms of the existing bar exam regime--that it tests only a few of the ten lawyering skills... |
2002 |
| Joe R. Feagin |
White Supremacy and Mexican Americans: Rethinking the "Black-white Paradigm" |
54 Rutgers Law Review 959 (Summer 2002) |
In May 1990, three white men in suburban San Diego were drinking beer. After a while, one said he wanted to shoot some aliens. From a house on the United States-Mexico border, one man, using a high-powered rifle, shot and killed a twelve-year-old Mexican youngster attempting to cross the border. The man was sentenced only to two years in jail for... |
2002 |
| Sonia Gipson Rankin |
Why They Won't Take the Money: Black Grandparents and the Success of Informal Kinship Care |
10 Elder Law Journal 153 (2002) |
In this note, Ms. Gipson Rankin discusses kinship care as an alternative to placing children into foster care. For generations, particularly in the Black community, grandparents and other older relatives have played a crucial role in raising the children of younger relatives when they have become unable or unwilling to raise the children... |
2002 |
| Michelle E. Lyons |
World Conference Against Racism: New Avenues for Slavery Reparations? |
35 Vanderbilt Journal of Transnational Law 1235 (October, 2002) |
The reparations movement has had a long and tumultuous history, as past attempts to obtain equitable relief have failed through common law, international law, legislation, and constitutional law. However, recent developments in these areas have pushed the reparations movement to the forefront. For example, Farmer-Paellmann v. Fleetboston Financial... |
2002 |
| Elbert Lin |
Yellow Is Yellow |
20 Yale Law and Policy Review 529 (2002) |
I am an American. I was born in New York City and raised in America's heartland. I grew up playing with G.I. Joe, camped in front of Saturday morning cartoons, and eating Thin Mints. I was in little league and park district soccer. I said the pledge of allegiance every day in elementary school; I watched the fireworks every Fourth of July; and when... |
2002 |
| Joan Tarpley |
A Comment on Justice O'connor's Quest for Power and its Impact on African American Wealth |
53 South Carolina Law Review 117 (Fall 2001) |
I. Introduction. 117 II. The Affirmative Action Decisions. 120 A. Cases. 122 B. Causes. 127 C. African American Wealth. 131 III. The Politician at Work. 136 A. The Battles. 136 B. Power Politics at Grass Roots Extremity. 139 C. A Theoretical Analysis of O'Connor's Quest for Power. 144 IV. Conclusion. 147 |
2001 |
| Katharine Inglis Butler |
A Functional Analysis of Potential Voting Rights Act Liability May Demonstrate That the Intentional Creation of Black Remedial Districts Cannot Be Justified |
79 North Carolina Law Review 1431 (June, 2001) |
Professors Grofman, Handley, and Lublin's observation that under some circumstances black candidates can be elected in districts that are not majority black is unimpeachable, as is their observation that a functional analysis can provide a relatively precise estimate of the percent black a district needs to be to assure a black victory.... |
2001 |
| Spencer Overton |
A Place at the Table: Bush V. Gore Through the Lens of Race |
29 Florida State University Law Review 469 (Bush v. Gore Issue 2001) |
I. L2-3,T3Counting Votes and Assumptions About Democracy 473 II. L2-3,T3Meritocracy Through the Lens of Race 479 A. Race Exposes the Shortcomings of the Merit-Based Vision's Individualized Focus. 479 B. Race Exposes Particular Expressive Components of Merit-Based Vision. 484 III. L2-3,T3Merit and the Exclusion of Us All 489 L2-3,T3Conclusion 491 |
2001 |
| Cassandra Jones Havard |
African-american Farmers and Fair Lending: Racializing Rural Economic Space |
12 Stanford Law and Policy Review 333 (Spring 2001) |
In the context of small farm policy, two core democratic principles-- federalism and neutrality--are ultimately flawed as applied. [T]he rules and the law may be color-blind, [but] people are not. -J. L. Chestnut, Plaintiffs' Attorney Pigford v. Glickman. The relationship of the federal government to the economic development of the minority-owned... |
2001 |
| Lisa M. Martinson |
An Analysis of Racism and Resources for African-american Female Victims of Domestic Violence in Wisconsin |
16 Wisconsin Women's Law Journal 259 (Fall 2001) |
In Wisconsin, as well as throughout the United States, domestic violence is at the forefront of women's issues. Domestic violence is a great concern for the legal world including law enforcement, the judiciary, and social service providers. Wisconsin began the twenty-first century by making many advancements towards the protection of victims of... |
2001 |
| Anna Wang |
Beyond Black and White: Crime and Foreignness in the News |
8 Asian Law Journal 187 (May, 2001) |
Two months after a 17-year-old girl died from carbon monoxide poisoning in a Berkeley apartment building, the headlines of Bay Area newspapers exploded with one of the biggest news stories of the year in Northern California. Lakireddy Bali Reddy, the Berkeley landlord who owned the building, was arrested and alleged to have smuggled Chanti Jyotsna... |
2001 |
| Ariela Gross |
Beyond Black and White: Cultural Approaches to Race and Slavery |
101 Columbia Law Review 640 (April, 2001) |
This Essay surveys the new field of cultural-legal history, highlighting its promise and pitfalls for the study of race and slavery. It discusses several aspects of the new cultural approaches: the view of trials as narratives or performances; the emphasis on the agency of outsiders to the law, including people of color and white women; and a... |
2001 |
| Edward Greer |
Beyond Whose Reason?: of Blacks, Jews, and the Quest for Truth |
5 Texas Hispanic Journal of Law and Policy 59 (Spring 2001) |
Beyond all Reason: The Radical Assault on Truth in American Law. By Daniel A. Farber and Suzanna Sherry. Oxford University Press. 1997. Pp.195. $25.00 I. The Popular Format of Beyond All Reason Creates Unmet Methodological Responsibilities. 63 II. Is It Good for the Jews?. 65 III. The Farber and Sherry Model of Anti-Semitism is Wrong. 69 IV.... |
2001 |
| John C. Brittain Dean, Thurgood Marshall School of Law at Texas Southern University |
Black History Month Tribute to Hbcu Law Schools |
15-FEB NBA National Bar Association Magazine 10 (January/February, 2001) |
Charles Hamilton Houston once stated that a lawyer was either a social engineer . or a parasite on society . He also defined a social engineer as a highly skilled, perceptive, sensitive lawyer who [understands] the Constitution of the United States and [knows] how to explore its uses in the solving of problems of local communities and in... |
2001 |
| Kenneth S. Broun |
Black Lawyers under Apartheid: the Soul of South African Law |
27 No. 2 Litigation 33 (Winter, 2001) |
The story of black lawyers in South Africa illustrates how an extraordinary group of individuals achieved success under the worst of circumstances. It also provides a heroic model for the legal profession throughout the world. These individuals became lawyers against all odds, worked within a legal system that had as its fundamental premise their... |
2001 |
| Michael Green |
Black Plaintiffs and Class Action Employment Discrimination Lawsuits in Corporate America |
6 University of the District of Columbia Law Review 105 (Fall 2001) |
Class action lawsuits initiated by black employees against corporations have been commonplace in the United States in recent years. Why has there been an influx of litigation targeted to corporate America? Is there an epidemic of discrimination directed toward black employees in many companies--or is this legal action a result of a phenomenon that... |
2001 |
| William H. Buckman, John Lamberth |
Challenging Racial Profiles: Attacking Jim Crow on the Interstate |
10 Temple Political & Civil Rights Law Review 387 (Spring 2001) |
Jim Crow is alive on America's highways, trains and in its airports. Minorities are suspect when they appear in public, especially when they exercise the most basic and fundamental freedom of travel. In an uncanny likeness to the supposedly dead Jim Crow of old, law enforcement finds cause for suspicion in the mere fact of certain minorities in... |
2001 |
| David E. Guinn, J.D. Ph.D. |
Constitutional Intent and Interpretation: a Response to Black's View of Constitutional Rights |
11 George Mason University Civil Rights Law Journal 225 (Spring 2001) |
The foundations of American human-rights law are in bad shape. They creak, they groan for rebuilding. With these words, Charles Black justifies his effort to promote a new theory of constitutional human rights law in the United States in a book entitled A New Birth of Freedom: Human Rights, Named and Unnamed. While significantly flawed in many of... |
2001 |
| Dorothy E. Roberts |
Criminal Justice and Black Families: the Collateral Damage of Over-enforcement |
34 U.C. Davis Law Review 1005 (Summer 2001) |
Introduction. 1006 I. The Relationship Between the Criminal Justice and Child Welfare Systems. 1010 A. The Systems' Demographic Similarity. 1010 B. The Systems' Similar Social Function. 1012 II. Incarceration of Black Parents. 1015 III. Detention of Juveniles. 1020 Conclusion. 1028 The glaring racial disparity in the nation's prison population is... |
2001 |
| Patricia Hagler Minter, Western Kentucky University |
David E. Bernstein, Only One Place of Redress: African Americans, Labor Regulations, and the Courts from Reconstruction to the New Deal. Durham, N.c.: Duke University Press, 2001. Xiii, 189 Pp. $39.95 |
45 American Journal of Legal History 323 (July, 2001) |
In the canon of American legal history, the jurisprudence of the Lochner era is usually derided, with the Lochner v. New York decision identified as the peak of veneration of liberty of contract and laissez-faire constitutionalism. In his revisionist book, David E. Bernstein reinterprets the heyday of Lochnerism. Viewing legal history through the... |
2001 |
| William J. Bowers , Benjamin D. Steiner , Marla Sandys |
Death Sentencing in Black and White: an Empirical Analysis of the Role of Jurors' Race and Jury Racial Composition |
3 University of Pennsylvania Journal of Constitutional Law 171 (February, 2001) |
I. Introduction. 174 A. Historical Background. 175 B. Empirical Context. 179 C. The Capital Jury Project. 189 II. Statistical Patterns. 190 A. Jury Composition and the Sentencing Decision. 191 B. Jurors' Race and Punishment Decision Making. 197 C. Divisive Punishment Considerations. 203 1. Lingering Doubts About the Defendant's Guilt. 203 a.... |
2001 |
| Amy D. Ronner |
Fleeing While Black: the Fourth Amendment Apartheid |
32 Columbia Human Rights Law Review 383 (Spring, 2001) |
Richard Wright's black protagonist, Bigger Thomas, has his own understanding of flight: He was near the street; he could hear shouts and screams coming to him like the roar of water. He was in the street now, being dragged over snow. His feet were up in the air, grasped by strong hands. Kill im! Lynch im! That black sonofabitch! They let go... |
2001 |
| Thomas W. Mitchell |
From Reconstruction to Deconstruction: Undermining Black Landownership, Political Independence, and Community Through Partition Sales of Tenancies in Common |
95 Northwestern University Law Review 505 (Winter 2001) |
Forty acres and a mule. The government broke that promise to African American farmers. Over one hundred years later, the USDA broke its promise to Mr. James Beverly. It promised him a loan to build farrowing houses so that he could breed hogs. Because he was African American, he never received that loan. He lost his farm because of the loan that... |
2001 |
| Kunal M. Parker |
Making Blacks Foreigners: the Legal Construction of Former Slaves in Post-revolutionary Massachusetts |
2001 Utah Law Review 75 (2001) |
How might one conceive of African-American history as U.S. immigration history, and with what implications for our understanding of immigration itself? The historiography of U.S. immigration has been heavily invested in producing an idea of immigrants as individuals who move from there to here, with both there and here taken to be actually... |
2001 |