AuthorTitleCitationSummaryYear
Terry Carter Cops in the Crossfire 86-OCT ABA Journal 58 (October, 2000) In the early morning hours of Oct. 1, 1998, 19-year-old Donta Dawson stopped his car in the middle of a street beneath an overpass in North Philadelphia. With the engine running and the lights on, he may have been in a zombie-like trance. An autopsy later would show traces of marijuana and the powerful hallucinogen PCP in his system. Within minutes... 2000
Melanie M. Lee Defining the Agenda: a New Struggle for African-american Women in the Fight for Reproductive Self-determination 6 Washington and Lee Race and Ethnic Ancestry Law Journal 87 (Spring, 2000) African American women must work for reproductive self-determination's classification as a human right. Without the ability to determine their reproductive destinies, women will never achieve an equal role in social, economic and political life and will continue to be politically subordinate to and economically dependent upon men. While feminist... 2000
Gary Blankenship Diversity in the Florida Bar 74-APR Florida Bar Journal 64 (April, 2000) Probably the greatest irony when The Florida Bar was formed is it was known as the integrated Bar. In this case integrated meant the new organization combined government regulation of the profession with the social and other aspects of the former Florida State Bar Association. It most assuredly did not mean racial integration, and very little... 2000
Gary Williams Don't Try to Adjust Your Television--i'm Black : Ruminations on the Recurrent Controversy over the Whiteness of Tv 4 Journal of Gender, Race and Justice 99 (Fall 2000) I. Introduction II. The History of the Controversy A. Prologue: Past Struggles over the Absence of Actors of Color on Television B. Is There Any Truth to the Accusation of Network Whitewashing ? 1. The Arguments 2. The Statistics 3. How the Power Behind the Camera Determines Which Faces Appear in Front of the Camera 4. The Sociology of... 2000
Adero S. Jernigan Driving While Black: Racial Profiling in America 24 Law & Psychology Review 127 (Spring, 2000) A Carmel, Indiana police officer stopped Sergeant David Smith of the Indiana State Police while Smith was driving an unmarked vehicle. Smith said the Carmel police officer stopped him simply because he was black. The officer stated he stopped Smith because Smith made an illegal turn. Similarly, a San Diego Sheriff's Deputy handcuffed and detained... 2000
Henry J. Richardson III Excluding Race Strategies from International Legal History: the Self-executing Treaty Doctrine and the Southern Africa Tripartite Agreement 45 Villanova Law Review 1091 (2000) PROFESSOR Ruth E. Gordon has thoughtfully suggested that our mission in this Symposium is to explore what viewing the world through the prism of race consciousness portends for future efforts to remake the international system by giving a voice to the voiceless. This Article asks how this mission relates to the writing of international legal... 2000
Pamela J. Smith Failing to Mentor Sapphire: the Actionability of Blocking Black Women from Initiating Mentoring Relationships 10 UCLA Women's Law Journal 373 (Spring 2000) This Article focuses on a unique aspect of the topic for the UCLA Women's Law Journal Spring 2000 Symposium: Textbook Sexism: Discrimination Against Women in Academia. In particular, Professor Pamela J. Smith contends that the failure to mentor Black women in academia is a form of discrimination that should be separately actionable under Title VII... 2000
Norman Dorsen Flag Desecration in Courts, Congress, and Country 17 Thomas M. Cooley Law Review 417 (2000) The issue of flag desecration will not go away. For two decades the Supreme Court did its best to avoid deciding whether the First Amendment protected the burning of an American flag as a form of political protest, but in 1989 it could do so no longer. And when it decided, by a 5-4 majority in Texas v. Johnson, that a flag burner was... 2000
Guadalupe T. Luna Gold, Souls, and Wandering Clerics: California Missions, Native Californians, and Latcrit Theory 33 U.C. Davis Law Review 921 (Summer, 2000) We came here for the single purpose of doing them good and for their eternal salvation, and I feel that everyone knows we love them. You can take your Christianity I don't want it. Cosume Tribe member Lorenzo Asisara to a Franciscan friar. In line with past LatCrit objectives regarding the relationship between our Latina/o communities and... 2000
McKen Carrington In Struggle Against Jim Crow: Lulu White and the Naacp 1900 - 1957 by Merline Pitre 26 Thurgood Marshall Law Review 107 (Fall, 2000) Merline Pitre's book, In Struggle Against Jim Crow: Lulu White and the NAACP, is a compelling history of the monumental battles waged by African American Texans in response to a racist social, legal, and political regime euphemistically called Jim Crow. Indeed, the book is a comprehensive account of Texas African Americans' monumental struggle to... 2000
Charles Vincent, Southern University and A&M College James Lowell Underwood and W. Lewis Burke, Eds., at Freedom's Door: African American Founding Fathers and Lawyers in Reconstruction South Carolina. Columbia: University of South Carolina Press, 2000. Xxiii, 269 Pp. $34.95 44 American Journal of Legal History 491 (October, 2000) At Freedom's Door brings from obscurity the lives and visions of African-American founding fathers during and after Reconstruction. Edited by law professors James Lowell Underwood and W. Lewis Burke, the essays in this book thoroughly explore African Americans' role in government and law during this era. Following a brief introduction by Eric... 2000
Anthony E. Cook King and the Beloved Community: a Communitarian Defense of Black Reparations 68 George Washington Law Review 959 (July/September, 2000) Much to the surprise and dismay of many, Dr. Martin Luther King, Jr. advocated that America pay reparations to black Americans for the unpaid wages of slavery. This paper argues that King's call for reparations is wholly consistent with his conception of a Beloved Community, a socio-spiritual vision of a transformed America. As a communitarian who... 2000
Carol M. Swain , Robert R. Rodgers , Bernard W. Silverman Life after Bakke Where Whites and Blacks Agree: Public Support for Fairness in Educational Opportunities 16 Harvard BlackLetter Law Journal 147 (Spring, 2000) The future viability of racial preferences in higher education admissions is uncertain at best, given the judicial trend to restrict the range of constitutionally permissible affirmative action programs. A number of recent cases have questioned whether the government's interest in obtaining diversity in educational settings may justify the use of... 2000
Ariela Gross Martha Hodes, White Women, Black Men: Illicit Sex in the Nineteenth-century South, New Haven: Yale University Press, 1997. Pp. 363. $32.50, Cloth; $16.95, Paper (Isbn 0-300-06970-7; 0-300-07750-5). 18 Law and History Review 686 (Fall, 2000) In the summer of 1681, well-to-do white neighbors of Major William Boarman gathered at his Maryland plantation for the wedding of his servant Irish Nell Butler and the slave known only as Charles. Although Lord Baltimore, Nell's former master, had urged her not to make slaves of her children by pursuing this union, the ceremony was performed by a... 2000
Devon W. Carbado Men in Black 3 Journal of Gender, Race and Justice 427 (Spring 2000) We are a collective of Black feminists who have been meeting together since 1974. . . . The most general statement of our politics at the present time would be that we are actively committed to struggling against racial, sexual, heterosexual, and class oppression, and see as our particular task the development of integrated analysis and practice... 2000
Ivan Evans, University of California, San Diego Michael Lobban, White Man's Justice: South African Political Trials in the Black Consciousness Era 18 Law and History Review 464 (Summer, 2000) A good deal of the paperwork on which the apartheid regime rested was destroyed on the eve of democracy in 1994. But much of it was also left intact, bequeathing to current researchers a truncated but still promising trove of archival records. These documents promise to illuminate not only the inner springs of apartheid's faceless bureaucracies,... 2000
Sherri L. Burr O.j. as a Tale of 2 Operas 68 UMKC Law Review 705 (Summer, 2000) The criminal trial of Orenthal James Simpson was grand opera. California taxpayers spent more than eight million dollars to stage theater with larger-than-life characters. An orchestra of reporters and newscasters played the accompaniment before an audience of jurors and global spectators, black and white. O.J. Simpson stood for the reading of the... 2000
Mary Whisner Practicing Reference … Bouvier's, Black's, and Tinkerbell 92 Law Library Journal 99 (Winter, 2000) A patron's complaint about the location of a dictionary leads Ms. Whisner to ponder the nature of cognitive authority and its impact on how we assess reference tools. ¶1 Several years ago, a patron (call him Mr. P.) was upset that our library stored our copies of Bouvier's Law Dictionary in the basement with the old materials that still had Dewey... 2000
Harvey Gee Race, American Values, and Colorblind Justicenot All Black and White: Affirmative Action and American Values, Christopher Edley, Jr. Hill & Wang, 1996. Pp. 294. 5 Texas Forum on Civil Liberties & Civil Rights 121 (Winter 2000) Ending Affirmative Action: The Case for Colorblind Justice, Terry Eastland. Basic Books, 1996. Pp. 229. Race and Representation: Affirmative Action, Edited by Robert Post & Michael Rogin. Zone Books, 1998. Pp. 424. There is no neutral ground in the contemporary affirmative action debate. Supporters of affirmative action argue that it is a tool for... 2000
Christopher C. Faille Race, Redistricting, and Representation: the Unintended Consequences of Black Majority Districts by David T. Canon, Published by University of Chicago Press, Chicago, Il, 1999. 324 Pages, $50.00 (Cloth), $18.00 (Paper). 47-FEB Federal Lawyer 48 (February, 2000) In 1938, in its famous Carolene Products footnote, the U.S. Supreme Court stressed its concern with protecting political processes. It suggested that legislation which restricts those political processes which can ordinarily be expected to bring about the repeal of undesirable legislation, is to be subjected to more exacting judicial scrutiny... 2000
Harold S. Peckron Reparation Payments--an Exclusion Revisited 34 University of San Francisco Law Review 705 (Summer 2000) The spectre, or ghost, is one of the protagonists of our age. A ghost is always in between, neither wholly alive nor wholly dead. It haunts our memory today, yet it is past. IT HAUNTS OUR memory . . . yet it is past. This phrase aptly describes the nature of reparation payments. Generally, these payments have been made to the survivors of... 2000
Milner S. Ball Reparations and Repentance: a Response to Professor Cook 68 George Washington Law Review 1015 (July/September, 2000) Professor Anthony Cook is well-known as an interpreter of Dr. Martin Luther King, Jr. Of the several themes that he pursues in his symposium offering, one that lies at the heart of his article is the welcome reminder that Dr. King's work and vision were singular. Professor Cook thoughtfully proposes that Dr. King engaged in dialogue with both... 2000
Jeffrey Ghannam Reparing the past 86-Nov ABA Journal 38 (November, 2000) For years, Gwendolyn Midlo Hall pored over handwritten French, Spanish and English slave documents in a massive effort to document Afro-Louisiana history. With stunning authority, she untangled a history of African slave names, genders, ages, occupations, illnesses, family relationships, ethnicity, places of origin, prices paid by slave owners,... 2000
Richard Delgado , Noah Markewich Rodrigo's Remonstrance: Love and Despair in an Age of Indifference-- Should Humans Have Standing? 88 Georgetown Law Journal 263 (January, 2000) Professor, is that you? The familiar voice from behind me gave me quite a start. Wheeling around so suddenly that my cart almost collided with that of an oncoming shopper, a young woman who smiled at me indulgently, I sputtered, Rodrigo! What are you doing here? The tall, smiling youth stepped out from behind his cart, shook my hand warmly, and... 2000
Lori A. Tribbett-Williams Saying Nothing, Talking Loud: Lil' Kim and Foxy Brown, Caricatures of African-american Womanhood 10 Southern California Review of Law and Women's Studies 167 (Fall 2000) On January 31, 2000, more than 100 million viewers watched Super Bowl XXXIV. Prior to the kick-off, a long list of celebrities comprised of new comers and old favorites, performed the pre-game theme song, Are You Ready for Some Football? Included on the list of celebrities were Darius Rucker, the lead singer for Hootie and the Blowfish, Cyndi... 2000
Brandon Garrett Standing While Black: Distinguishing Lyons in Racial Profiling Cases 100 Columbia Law Review 1815 (November, 2000) Plaintiffs challenging racial profiling must contend with the Supreme Court's decision in City of Los Angeles v. Lyons, which restricted standing for injunctive relief against government officials. This Note articulates a framework for assessing standing for injunctive relief based on case law following Lyons: Plaintiff must demonstrate a... 2000
Joseph Murphy State V. Buggs: Is it Really So Black and White? 18 Law & Inequality: A Journal of Theory and Practice 183 (Winter 2000) In State v. Buggs, the appellant, a Black male, sought reversal of his first-degree murder conviction, arguing that the removal of a prospective juror in his trial was racially motivated. The prosecutor had used a peremptory challenge to remove a potential White juror who expressed concerns about the lack of minorities on the jury panel and about... 2000
Kenneth B. Nunn The "Darden Dilemma": Should African Americans Prosecute Crimes? 68 Fordham Law Review 1473 (April, 2000) W.E.B. Du Bois said that we were all of two worlds--part African and part American. It is only in the middle where we can be free to be both, to move in the world of American laws and culture without forsaking our African heritage. Christopher Darden Everyone knows who Christopher Darden is. Even now, years after the O.J. Simpson murder trial made... 2000
Monique Langhorne The African American Community: Circumventing the Compulsory Education System 33 Beverly Hills Bar Association Journal 12 (Summer/Fall, 2000) The African American community has a rich history of self-help efforts in education in this country. Perhaps this explains why the idea of school choice--giving parents the authority and the means to choose the school their children will attend-- is an attractive alternative to a compulsory education system for many African Americans today.... 2000
Donald Aquinas Lancaster, Jr. The Alchemy and Legacy of the United States of America's Sanction of Slavery and Segregation: a Property Law and Equitable Remedy Analysis of African American Reparations 43 Howard Law Journal 171 (Winter 2000) In the early to mid-1800s in Randolph County, Alabama, a brother and sister are slaves. Ruben, date of birth unknown, and Maryann, born in 1850, are the ancestors to generations of the Lancaster clan. Ruben, with wife Lydia, would sire one child, Henry Lancaster, on the eve of emancipation. Henry would beget 19 children with his wife Charlotte... 2000
Elizabeth Rho-Ng The Conscription of Asian Sex Slaves: Causes and Effects of U.s. Military Sex Colonialism in Thailand and the Call to Expand U.s. Asylum Law 7 Asian Law Journal 103 (December, 2000) I'm an infantryman. That's what I'm paid to do, that's what my country expects me to do . The only reason we're here is to deter the communist aggression . We're needed over here . If you look at it, the fact is we spent so much money comin' down here . Their weapons are ours. Their equipment is ours, their vehicles, their chains . Everything is... 2000
Kenneth Sharperson The Digital Divide: Modern Day Jim Crow? 205-OCT New Jersey Lawyer, the Magazine 50 (October, 2000) The Internet has been lauded as an instrument that will open the global economy to the entire world population. Unfortunately, in the United States, there is a large gap between those who have access to technology and the digital economy and those who have access to technology and the digital economy and those who do not. Henry Louis Gates, Jr., a... 2000
Anthony Gifford The Legal Basis of the Claim for Slavery Reparations 27-SPG Human Rights 16 (Spring, 2000) Reparation, according to the Shorter Oxford Dictionary, means the action of making amends for a wrong done; amends; compensation. In international law, it means that when a country has committed an international crime such as the invasion of another country or the genocide of a people, it must make amends to the victims, including the... 2000
Stephen F. Smith The Truth about Clarence Thomas and the Need for New Black Leadership 12 Regent University Law Review 513 (1999-2000) It has been almost nine years since Associate Justice Clarence Thomas was confirmed as the 106th Justice of the United States Supreme Court. During that time, he has come under sharp and unrelenting criticism from almost all segments of the media. Indeed, some of his harshest attacks have come from the civil rights community, which one would have... 2000
ART ALCAUSIN HALL There Is a Lot to Be Repaired Before We Get to Reparations: a Critique of the Underlying Issues of Race That Impact the Fate of African American Reparations   I. Introduction. 2 II. Background. 11 A. Reparations in the United States: Native Americans. 13 B. Reparations in the United States: Japanese Americans. 14 C. Reparations in Germany. 16 D. History of African American Reparations. 17 E. Present Efforts Toward African American Reparations: Congress and the Courts. 19 III. White America. 22 A. Lack of... 2000
Phyliss Craig-Taylor Through a Colored Looking Glass: a View of Judicial Partition, Family Land Loss, and Rule Setting 78 Washington University Law Quarterly 737 (Fall 2000) Introduction. 738 I. The Tenancy in Common as a Form of Real Property Ownership. 742 A. History and Development of Tenancy in Common. 742 B. Creation of Tenancy in Common Through Intestate Succession. 748 C. Homogenous and Heterogenous Tenancy in Common Interests. 749 II. Partition. 751 A. Common Law Origins of Partition. 751 B. Statutory Partition... 2000
W. Burlette Carter True Reparations 68 George Washington Law Review 1021 (July/September, 2000) Not surprisingly, Professor Anthony Cook delivers a provocative piece, one that follows the tradition of his other scholarship illuminating the world of Dr. Martin Luther King, Jr. He also joins a number of notable African American commentators, including U.S. Representative John Conyers and Randall Robinson, President of TransAfrica, in advocating... 2000
Mark D. Myers When Sorry Isn't Enough: the Controversy over Apologies and Reparations for Human Injustice. Edited by Roy L. Brooks, New York and London: New York University Press, 1999. Pp. Xx, 513. $22.95 (Paper). 36 Stanford Journal of International Law 187 (Winter 2000) This work very ambitiously takes on the subject of apologies and reparations for atrocities. Even limiting the subjects covered, as Brooks does, to a few better-known instances of atrocities for which a serious effort at apologies and/or reparations has been made, this subject area could easily fill an entirebookshelf, if not a small library.... 2000
Shari Heather Motro When Sorry Isn't Enough: the Controversy over Apologies and Reparations for Human Injustice. Edited by Roy L. Brooks. New York: New York University Press, 1999. Pp. Xx, 536. $60.00 (Cloth), $22.95 (Paper). 32 New York University Journal of International Law & Politics 830 (Spring 2000) My ambition, writes editor Roy L. Brooks in his preface to When Sorry Isn't Enough, is to provide readers with an intellectual and informational foundation to understand the controversy over redressing human injustice and to pursue on their own further investigation into the ugly side of human nature. But the book's title reveals his goals more... 2000
Karen D. Zivi Who Is the Guilty Party? Rights, Motherhood, and the Problem of Prenatal Drug Exposure 34 Law and Society Review 237 (2000) In 1987, California prosecutors used the state's child support statute to charge Pamela Rae Stewart with criminal neglect for using drugs while she was pregnant. With this prosecution Stewart became the first woman in the United States charged with the crime of exposing her fetus to drugs (Gomez 1997; Roberts 1997). In 1989, Florida prosecutors... 2000
Lancelot B. Hewitt 53 Years in the Struggle for Equal Rights: an African-american Jurist's Life in the Law 15 Touro Law Review 831 (Winter, 1999) In Plessy v. Ferguson, the plaintiff, Homer Plessy, argued before the United States Supreme Court that a 1890 Louisiana statute requiring railroads to provide equal but separate accommodations for the white and colored races was unconstitutional in that it violated the Equal Protection Clause of the Fourteenth Amendment. Plessy argued that the... 1999
Steve Russell , University of Texas A Black and White Issue: the Invisibility of American Indians in Racial Policy Discourse 4 Georgetown Public Policy Review 129 (Spring, 1999) The President's Initiative on Race concluded little about American Indians, except that they are in dire circumstances. This article describes those circumstances and the difficulties that face policymakers in addressing Indian problems. Indians grappling with issues of economic development, education and internal democracy find themselves in a... 1999
  Adam's Mark Hotel Sued by Black Guests 13 NBA National Bar Association Magazine 30 (1999) Orlando, FL - Five blacks who stayed at or tried to visit the Adam's Mark Hotel in Daytona Beach, Florida, during the 1999 Black College Reunion (BCR), have filed a proposed class action lawsuit against HBE Corporation. The HBE Corporation based in St. Louis, Missouri, owns and operates Adam's Mark Hotels in at least 21 locations. The complaint,... 1999
Lateef Mtima African-american Economic Empowerment Strategies for the New Millennium - Revisiting the Washington-du Bois Dialectic 42 Howard Law Journal 391 (Spring 1999) Economic opportunity alone will not solve all [of African-America's] problems, of course, but it is the essential ground for other constructive developments. I don't know what White people owe us, but I am convinced they are not going to pay us. The lesson of the American Reality is that secular dreams are achieved through economic facility.... 1999
Major Michele E. Williams All That We Can Be 159 Military Law Review 203 (3/1/1999) The Army is the only place in American life where whites are routinely bossed around by blacks. This is the conclusion of two sociologists who wrote All That We Can Be, a thought provoking book about race integration in the U.S. Army. The authors persuasively argue that the Army is the most successfully racially integrated institution in... 1999
Janine Young Kim Are Asians Black?: the Asian-american Civil Rights Agenda and the Contemporary Significance of the Black/white Paradigm 108 Yale Law Journal 2385 (June, 1999) The phrase civil rights movement evokes the powerful words and images of the mass movement by Black Americans in the United States during the 1950s and 1960s. In recent years, however, Asian Americans have increasingly laid claim to a place in the history of the struggle for civil rights. Just as Derrick Bell harkens back to Dred Scott v. Sanford... 1999
Angela Mae Kupenda ; Angelia L. M. Wallace ; Jamie Deon Travis ; Brandon Issac Dorsey ; Bryant Guy Aren't Two Parents Better than None: Contractual and Statutory Basics for a "New" African American Coparenting Joint Adoption Model 9 Temple Political & Civil Rights Law Review 59 (Fall 1999) Creative ideas are needed to resolve problems that continue to plague us. One such problem is the crisis surrounding the disproportionate number of African American children who continue to live in foster homes with no permanent parents at all. In Two Parents Are Better Than None, Professor Angela Mae Kupenda proposed an adoption model for... 1999
Katherine M. Franke Becoming a Citizen: Reconstruction Era Regulation of African American Marriages 11 Yale Journal of Law & the Humanities 251 (Summer 1999) While many Black people regarded slavery as a form of social death, some nineteenth-century white policy-makers extolled the virtues of slavery as a tool to uplift the characters of Africans in America: [Slavery in America] has been the lever by which five million human beings have been elevated from the degraded and benighted condition of savage... 1999
HARVEY GEE Beyond Black and White: Selected Writings by Asian Americans Within the Critical Race Theory Movement 30 Saint Mary's Law Journal 759 (1999) I. Introduction. 760 II. Critical Race Theory. 764 III. History of Discrimination Against Asian Americans: Nativism and the Racialization of Asian Americans As Foreign. 769 IV. Asian-American Contributions to the Critical Race Movement. 773 A. Constructing Asian-American Identities During the Exclusion Era. 776 B. Contemporary Discrimination... 1999
Clint Bolick Black and Whites on Common Ground 10 Stanford Law and Policy Review 155 (Spring, 1999) Since the 1950s, the United States has made substantial progress in eliminating the racial divide between blacks and whites. Still, conditions of inequality persist, reflected in abysmal public education in the inner cities, a dearth of legitimate economic opportunities, rampant crime, and eroded community structures. Massive investments in welfare... 1999
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