| Author | Title | Citation | Summary | Year |
| Jennifer B. Thatcher, Georgetown University |
Black Corona: Race and the Politics of Place in an Urban Community. Stephen Gregory. Princeton University Press, 1998, 282 P. |
4 Georgetown Public Policy Review 188 (Spring, 1999) |
In Black Corona: Race and the Politics of Place in an Urban Community, Stephen Gregory uses the history of Corona, a relatively small, predominantly black community in Queens County, New York, to dismantle the stereotype of the black ghetto. Gregory asserts this stereotype has depoliticized the problems of black poverty by characterizing their... |
1999 |
| Thelton E. Henderson |
Black Law Students Annual Black History Month Celebration |
30 McGeorge Law Review 1019 (Spring, 1999) |
Thank you for inviting me to be both your guest and your keynote speaker at this wonderful celebration of Black History month. I might note that this is my first visit to your school, although I have been up the road to U.C. Davis a couple of times. So when Professor Brian Landsbergmy Boalt Hall classmate and fellow attorney at the Civil Rights... |
1999 |
| Lisa Stansky |
Black's Law: a Famous Criminal Lawyer Reveals His Defense Strategies in Four Cliffhanger Cases |
85-MAR ABA Journal 84 (March, 1999) |
You could drop a bundle for the firsthand war stories of fabled defense lawyer Roy Black. Jet to Miami, flush Black from his lair, then succumb to the vapors of a good cigar and a stiff martini while Black divulges his litigation secrets. Simplifying your life, you say? Stroll to your corner bookshop and pick up Black's Law, with accounts of the... |
1999 |
| William D. McColl II |
Blue Vs. Black: Let's End the Conflict Between Cops and Minorities |
9 Boston University Public Interest Law Journal 161 (Fall, 1999) |
Blue vs. Black is John Burris's personal, although not quite autobiographical, account of law practiced between the police and the Black community. It is not, however, the story of litigation so much as it is a from-the-trenches report about relations between Black people and police in California and around the nation. Burris, a civil rights lawyer... |
1999 |
| Linn Washington, Jr. |
Bringing More Blacks to Clerking |
13-FEB NBA National Bar Association Magazine 34 (January/February, 1999) |
Fatina Purdie is something of an anomaly among those who clerk for federal judges. Neither male nor white, she attended neither Harvard, Yale nor any other top-20 law school. Purdie is a 1998 graduate of the historically black Howard University School of Law in Washington, D.C., an unusual school in that professors there actively promote clerking... |
1999 |
| Linn Washington, Jr. |
Bringing More Blacks to Clerking |
85-FEB ABA Journal 60 (February, 1999) |
Fatina Purdie is something of an anomaly among those who clerk for federal judges. Neither male nor white, she attended neither Harvard, Yale nor any other top-20 law school. Purdie is a 1998 graduate of the historically black Howard University School of Law in Washington, D.C., an unusual school in that professors there actively promote clerking... |
1999 |
| James G. Sammataro |
Business and Brotherhood, Can They Coincide? A Search into Why Black Athletes Do Not Hire Black Agents |
42 Howard Law Journal 535 (Spring 1999) |
When University of Michigan basketball star Juwan Howard announced in 1994 that he was foregoing his last year of collegiate eligibility to enter into the National Basketball Association's (NBA) draft, the sports agent's scramble ensued. Although the flurry of activity resulting from an athlete's declaration to go pro was customary, Howard's... |
1999 |
| Cynthia Deitle Leonardatos |
California's Attempts to Disarm the Black Panthers |
36 San Diego Law Review 947 (Fall 1999) |
I. Introduction. 948 II. The Black Panthers: The Greatest Threat to the Internal Security of the Country. 949 A. Racial Violence in the 1960s. 949 B. The Origin of the Black Panthers. 957 C. Panthers, Guns, and Violence. 964 D. Law Enforcement Response to the Black Panthers. 966 III. California Disarms the Black Panthers. 968 A. The Panthers in... |
1999 |
| William H. Buckman , John Lamberth |
Challenging Racial Profiles: Attacking Jim Crow on the Interstate |
23-OCT Champion 14 (September/October, 1999) |
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... |
1999 |
| Saul Levmore |
Changes, Anticipations, and Reparations |
99 Columbia Law Review 1657 (November, 1999) |
Conventional views of legal change emphasize the values of certainty and reliance, and are therefore hostile to explicitly retroactive laws. Contemporary scholarship, however, allows that a policy of aggressive legal change, with no compensation for new losers, can encourage socially useful steps in anticipation of change. Professor Levmore... |
1999 |
| Joe Boulter |
Children and Slaves in the West: Imagining Fraternity among Outlaws in the Secret Integration |
24 Oklahoma City University Law Review 519 (Fall, 1999) |
This Article provides an interpretation of Thomas Pynchon's 1964 short story The Secret Integration in the context of the Civil Rights movement. The Article argues that Civil Rights legislation translated the socio-economic disadvantages of African Americans into issues of equal rights. This focus on equality is shown in part to be a response to... |
1999 |
| Sarah Hart Brown, Florida Atlantic University |
Constance Baker Motley, Equal Justice under Law: an Autobiography. New York: Farrar, Strauss and Giroux, 1998. Vi, 282 Pp. $25.00. |
43 American Journal of Legal History 212 (April, 1999) |
Rebels in Law encompasses writings of African American women who became attorneys beginning, many readers will be surprised to learn, in the late nineteenth century. J. Clay Smith, a professor at Howard Law School and the editor of this remarkable collection, relates in his introduction the story of Luce Terry, a free black woman who argued her... |
1999 |
| K.J. Greene |
Copyright, Culture & Black Music: a Legacy of Unequal Protection |
21 Hastings Communications and Entertainment Law Journal (COMM/ENT) 339 (Winter 1999) |
I. Structure And Function Of The Copyright Regime. 344 A. Origins and Purpose. 344 B. Foundations of Copyright Law. 348 1. Rights Protected by Copyright. 348 2. The Idea-Expression Dichotomy. 349 3. Requirement of Reduction to Tangible Form. 351 4. Originality and Minimal Creativity. 351 5. Registration Formalities. 353 II. Copyright and Culture.... |
1999 |
| Hope Lewis |
Culturing Survival: Afro-caribbean Migrant Culture and the Human Rights of Women under Globalization |
93 American Society of International Law Proceedings 374 (March 24-27, 1999) |
The reality for working-class Afro-Caribbean women migrants (called lionheart gals by one Caribbean feminist organization) is that both the rule of law and cultural authority can enhance, or undermine, the protection of fundamental human rights. For lionheart gals, the choice is not between a liberating rule of law and a static, cocoonlike... |
1999 |
| Joyce Hughes |
Different Strokes: the Challenges Facing Black Women Law Professors in Selecting Teaching Methods |
16 National Black Law Journal 27 (1998-1999) |
Some years ago the group Sly and the Family Stone performed a song which had lyrics noting that there are different strokes for different folks. That message also applies to both teaching and learning. The observation that the learning process is more individual than collective also applies to teaching. Although most law professors are male,... |
1999 |
| Terry Carter |
Divided Justice |
85-FEB ABA Journal 42 (February, 1999) |
Though they have made the justice system their life's work, many black lawyers believe the word justice has a white spin that says just us. One of them, Julius Chambers, offered up a heartfelt cry in the aba Journal seven years ago about a legal system that acquitted the white Los Angeles police officers who savagely beat Rodney King. The... |
1999 |
| Terry Carter |
Divided Justice |
13-FEB NBA National Bar Association Magazine 16 (January/February, 1999) |
Though they have made the justice system their life's work, many black lawyers believe the word justice has a white spin that says just us. One of them, Julius Chambers, offered up a heartfelt cry in the aba Journal seven years ago about a legal system that acquitted the white Los Angeles police officers who savagely beat Rodney King. The... |
1999 |
| Katheryn K. Russell |
Driving While Black: Corollary Phenomena and Collateral Consequences |
40 Boston College Law Review 717 (May, 1999) |
In the public arena, issues of race continue to command center stage. The ongoing debates and discussions have raised new questions, while not necessarily answering the old ones. Specifically, the recent dialogues have focused on the role that Blackness plays in today's society. Some assign Blackness a primary role, others believe it is secondary.... |
1999 |
| Alfred Dennis Mathewson |
Emphasizing Torts in Claims of Discrimination Against Black Female Athletes |
38 Washburn Law Journal 817 (Summer 1999) |
In Black Women, Gender Equity and the Function at the Junction, I argued that an equality-based legal regime does not provide an adequate remedy for African-American female athletes. Instead I suggested that a tort-based regime may be more appropriate. I did so knowing that gender and racial discrimination are torts and I did not intend to suggest... |
1999 |
| J. Clay Smith, Jr. |
Exact Justice and the Spirit of Protest: the Case of Plessy V. Ferguson and the Black Lawyer |
4 Howard Scroll Scroll 1 (Fall, 1999) |
I presume that every intelligent man who has practiced law or sat upon the bench for a number of years, hastaken strong positions upon what may be termed the debatable groundWe are so much the creatures of our traditions, associations and surroundings that what may be accepted by some of us as the consummate flower of human wisdom, may appear to... |
1999 |
| Shawn M. Larsen |
For Blacks Only: the Associational Freedoms of Private Minority Clubs |
49 Case Western Reserve Law Review 359 (Winter, 1999) |
The right of association is a very personal right and anyone who tells you that you must associate with someone is sticking his nose where it does not belong. Private clubs have long played an important role in the social environment of this nation. The policies of these clubs evolved from the members who formed them, in keeping with the social... |
1999 |
| Adrien K. Wing , Christine A. Willis |
From Theory to Praxis: Black Women, Gangs, and Critical Race Feminism |
11 La Raza Law Journal 1 (Spring, 1999) |
Despite the media's portrayal, the American gang problem is not attributable solely to African-American and Hispanic males. Females have been and are increasingly becoming a significant component of the gang crisis that faces many American communities. Twenty years ago Waln K. Brown criticized the lack of information on female delinquency and... |
1999 |
| Adrien K. Wing , Christine A. Willis |
From Theory to Praxis: Black Women, Gangs, and Critical Race Feminism |
4 African-American Law and Policy Report Rep. 1 (Fall, 1999) |
Despite the media's portrayal, the American gang problem is not attributable solely to African-American and Hispanic males. Females have been and are increasingly becoming a significant component of the gang crisis that faces many American communities. Twenty years ago Waln K. Brown criticized the lack of information on female delinquency and... |
1999 |
| John Matthew Guard |
Impotent Figureheads ? State Sovereignty, Federalism, and the Constitutionality of Section 2 of the Voting Rights Act after Lopez V. Monterey County and City of Boerne V. Flores |
74 Tulane Law Review 329 (November, 1999) |
The Supreme Court has never clearly defined Congress's power, under the Enforcement Clauses of the Reconstruction Amendments, to burden neutral state laws that may have a discriminatory effect, but are themselves not constitutional violations. Section 2 of the Voting Rights Act represents one of the most burdensome and expansive regulations of a... |
1999 |
| Denise C. Morgan |
Jack Johnson: Reluctant Hero of the Black Community |
32 Akron Law Review 529 (1999) |
Asserting a strong sense of individuality - by exercising the right to excel at what, to live where, and to love whom one desires - has been a punishable offense for Black Americans for most of United States history. Even after the abolition of race-based slavery, Jim Crow laws constrained the ability of Black Americans to act upon their individual... |
1999 |
| Kenneth W. Mack |
Law, Society, Identity, and the Making of the Jim Crow South: Travel and Segregation on Tennessee Railroads, 1875-1905 |
24 Law and Social Inquiry 377 (Spring, 1999) |
This article reexamines the well-known debate over the origins of de jure segregation in the American South, which began in 1955 with the publication of C. Vann Woodward's The Strange Career of Jim Crow. Arguing that the debate over Woodward's thesis implicates familiar but outmoded ways of looking at sociolegal change and Southern society, the... |
1999 |
| |
Not Just Race, Not Just Gender: Black Feminist Readings |
20 Women's Rights Law Reporter 211 (Spring-Summer 1999) |
Valerie Smith's focus in Not Just Race, Not Just Gender is on the intersectionality of race, gender, class, and sexuality. Intersectionality refers to the ways in which each category acts upon the others. Specifically, Smith tries to show how the ostensible dominance of one category masks both the operation of the others and the interconnections... |
1999 |
| David B. Wilkins |
On Being Good and Black |
112 Harvard Law Review 1924 (June, 1999) |
In this absorbing book, Paul Barrett chronicles Lawrence Mungin's transformation from a promising Harvard Law School graduate, intent on overcoming race and poverty by working hard and playing by the rules, to an embittered plaintiff who unsuccessfully sues his law firm for race discrimination. Barrett presents Mungin's story as a morality play on... |
1999 |
| Pamela J. Smith |
Our Children's Burden: the Many-headed Hydra of the Educational Disenfranchisement of Black Children |
42 Howard Law Journal 133 (Winter 1999) |
I. INTRODUCTION. 135 II. THE ORIGINAL HYDRA. 138 A. The Constitutional Compromises. 141 B. The Racial Reasons for the Original Constitutional Compromises. 146 C. The Constitutional Effect of the Original Compromises. 150 1. The Pro-Slavery Thirteenth Amendment. 156 2. The Gradual Compensatory Emancipation Incentive. 158 D. The Rise of Blacks as... |
1999 |
| Craig Hemmens , Katherine Bennett |
Out in the Street: Juvenile Crime, Juvenile Curfews, and the Constitution |
34 Gonzaga Law Review 267 (1998-1999) |
I would there were no age between ten and three-and-twenty, or that youth would sleep out the rest; for there is nothing in the between but getting wenches with child, wronging the ancientry, stealing, fighting. The awful precocity of youth and the criminal irresponsibility of parents, both alarmingly more glaring year by year . . . Once, kids were... |
1999 |
| Kim L. Robinson |
Out of America: a Black Man Confronts Africa |
5 Buffalo Human Rights Law Review 295 (1999) |
Everyone has a story their personal experience and no one's story is to be denied as invalid. Undoubtedly, many will want to invalidate this one. Out of America is Keith Richburg's story of his experiences over three years as a Washington Post correspondent. Richburg's account is at once bitter and pessimistic as well as courageous and... |
1999 |
| Pamela J. Smith ; |
Part Ii--romantic Paternalism--the Ties That Bind: Hierarchies of Economic Oppression That Reveal Judicial Disaffinity for Black Women and Men |
3 Journal of Gender, Race and Justice 181 (Fall 1999) |
Preface I. Introduction II. Black Women and Economic Exploitation: No Romance and No Paternalistic Protection A. Economic Exploitation of Black Women's Labor B. Expanded Economic Exploitation 1. Exploitation Shown Through Type of Work Availability 2. Exploitation Shown Through Wage Disparities C. Black Women's Quasi-Protection Under Sex Plus D.... |
1999 |
| David B. Wilkins |
Partners Without Power? A Preliminary Look at Black Partners in Corporate Law Firms |
2 Journal of the Institute for the Study of Legal Ethics 15 (1999) |
Discussions about law firm diversity tend to treat increasing the number of minority partners as both the ultimate goal and the end of the analysis. The emphasis that diversity advocates place on partnership statistics is understandable. Although firms have hired more minority associates in recent years, the number of minority partners has remained... |
1999 |
| Clarence Lusane |
Persisting Disparities: Globalization and the Economic Status of African Americans |
42 Howard Law Journal 431 (Spring 1999) |
There are numerous factors affecting the integration and status of African Americans in the U.S. economy, particularly their participation in the labor force. These include, inter alia, institutional and personal discrimination, redemptive public policies (affirmative action, minority set-asides, etc.), level of education, skills level, work... |
1999 |
| Kira M. Feeny |
Race-conscious Admissions Programs in Higher Education: It's Not a Black and White Issue |
25 University of Dayton Law Review 109 (Fall, 1999) |
The Equal Protection Clause of the Fourteenth Amendment states that [n]o State shall . . . deny to any person . . . the equal protection of the laws. Since Brown v. Board of Education, courts have labored to find an appropriate and consistent interpretation of the Equal Protection Clause, particularly as it relates to governmental racial... |
1999 |
| Victor M. Rodriguez Rescia |
Reparations in the Inter-american System for the Protection of Human Rights |
5 ILSA Journal of International and Comparative Law 583 (Summer, 1999) |
I. Introduction. 583 II. The International Responsibility of the States for Human Rights Violations. 585 III. The Victim's Right to Reparations. 587 IV. Locus Standi of the Victim in the Reparation Stage. 589 V. Procedures to Determine Reparations. 590 A. Terminology for Forms of Reparation. 592 B. Determination and Extent of the Reparations. 593... |
1999 |
| Beverly Moran |
Setting an Agenda for the Study of Tax and Black Culture |
21 University of Arkansas at Little Rock Law Review 779 (Summer, 1999) |
This conference commands that we explore how law can achieve racial justice in the twenty-first century. To answer that question we must first ask three questions: 1) What conditions stand in the way of racial justice?; 2) How can law address these barriers?; and 3) How can we shape rules that fit within our shared notions of fairness? We ask these... |
1999 |
| Athena D. Mutua |
Shifting Bottoms and Rotating Centers: Reflections on Latcrit Iii and the Black/white Paradigm |
53 University of Miami Law Review 1177 (July, 1999) |
This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms and models. Specifically, it asks: What group should be at the center of a given... |
1999 |
| Andrew E. Taslitz |
Slaves No More!: the Implications of the Informed Citizen Ideal for Discovery Before Fourth Amendment Suppression Hearings |
15 Georgia State University Law Review 709 (Spring, 1999) |
Pre-trial discovery in criminal cases is extraordinarily limited. In the federal system, for example, witness depositions are very rare and require hard-to-obtain prior judicial approval. Moreover, government witness statements need not be provided to the defendant until after the witness testifies at a trial or critical hearing. Furthermore, the... |
1999 |
| SAMANTHA C. HALEM |
Slaves to Fashion: a Thirteenth Amendment Litigation Strategy to Abolish Sweatshops in the Garment Industry |
36 San Diego Law Review 397 (Spring 1999) |
I. Introduction.. 398 II. The Workers. 400 A. El Monte. 400 B. Sweatshops in General. 406 III. The Thirteenth Amendment: An Overview. 410 A. Thirteenth Amendment Case Law. 412 IV. Legal Strategies Under the Thirteenth Amendment. 415 A. The Sweatshop Owners. 416 1. A Private Right of Action Under the Thirteenth Amendment. 416 2. Are Garment Workers... |
1999 |
| Paul Butler |
Starr Is to Clinton as Regular Prosecutors Are to Blacks |
40 Boston College Law Review 705 (May, 1999) |
Good morning. I am going to talk about race and crime and impeachment and Clinton and Starr. I write about criminal law and race and I do a fair amount of legal commentary on the subject as well. In the last year I have written and commented for the popular press on the investigation, impeachment and trial of President Clinton. I originally... |
1999 |
| Tuneen E. Chisolm |
Sweep Around Your Own Front Door: Examining the Argument for Legislative African American Reparations |
147 University of Pennsylvania Law Review 677 (January, 1999) |
As a world leader emphasizing the need for international relations grounded upon democracy and human rights, the United States has yet to face the dilemma of how to deal with its own past and its most egregious historical injustices, an obvious example being the legacy of slavery. The current state of race relations in America is charged with... |
1999 |
| Dominic Brewer, Rand |
The Black-white Test Score Gap. Edited by Christopher Jencks and Meredith Phillips. Brookings Institution Press, 1998. 523 P. |
4 Georgetown Public Policy Review 187 (Spring, 1999) |
In The Black-White Test Score Gap, editors Christopher Jencks and Meredith Phillips ask why the average black still scores below 75 percent of whites on most standardized tests. This seminal book provides some answers in a readable but technically sophisticated manner. Jencks and Phillips provide a balanced and thought-provoking examination of the... |
1999 |
| David Hall |
The Challenge of Black Leadership in the Twenty-first Century |
48 DePaul Law Review 899 (Summer 1999) |
It is a special honor to be asked to come and speak at this Dr. Martin Luther King celebration. I would like to thank the students, faculty, and Dean Teree Foster for extending this invitation, because you have brought me back to a city I love and to a law school I have long admired, to commemorate a man who was such an inspiration in my life. It... |
1999 |
| Melissa Cole |
The Color-blind Constitution, Civil Rights-talk, and a Multicultural Discourse for a Post-reparations World |
25 New York University Review of Law and Social Change 127 (1999) |
People keep telling me that this is historic. I guess it is historic in that we're starting this new age of post-affirmative action. But I don't think it's nearly as much an act compared to the people before me who broke the color barriers the first time. Eric Brooks, Boalt Hall, Class of 2000 On November 5, 1996, California voters approved... |
1999 |
| Charles S. Bullock, III ; Richard E. Dunn |
The Demise of Racial Districting and the Future of Black Representation |
48 Emory Law Journal 1209 (Fall 1999) |
Many of the early stalwarts in the civil rights movement, including Rev. Martin Luther King, Jr., placed their highest expectations on winning unencumbered access to the ballot box. They expected that once African-Americans became enfranchised, they would be able to use political muscle to bring about changes in other spheres such as employment,... |
1999 |
| Bonnie McGrath |
The Good Black by Paul Barrett |
13-MAY CBA Record 22 (May, 1999) |
The evidence was in, and Judge Robertson admonished the jury one final time not to discuss the case. As the last juror left the courtroom Thursday afternoon, the judge turned to Roberts and Hairston and said, You have either presented an unusually interesting case, or that's an unusually alert jury. That jury has been with you all every step of... |
1999 |
| Osa A. Benson |
The Intersection of Race, Sex, and Parental Status: Employment Discrimination Against Single Black Women with Children |
4 Howard Scroll: The Social Justice Law Review 37 (Fall, 1999) |
In the United States, Black women work in a White male-dominated labor force where they may encounter both racism and sexism. This combined effect of racial and sexual discrimination creates a social and economic condition for Black women that is often worse than that of Black men or White women. The result is that Black women are the lowest paid... |
1999 |
| Dorothy A. Brown |
The Marriage Penalty/bonus Debate in Black and White |
16 New York Law School Journal of Human Rights 168 (Symposium, 1999) |
PROF. BROWN: Many scholars have debated the marriage penalty bonus issue, some this morning. Those scholars have proposed solutions ranging from individual filing requirements to increased deductions for secondary wage earners. I submit, all such solutions have limited impact because they are built upon a model in which all women are assumed to be... |
1999 |
| Dorothy A. Brown |
The Marriage Penalty/bonus Debate: Legislative Issues in Black and White |
16 New York Law School Journal of Human Rights 287 (Symposium, 1999) |
Many scholars have debated the marriage penalty/bonus question. Those scholars have proposed solutions ranging from individual filing requirements to increased child care deductions. However, all proposed solutions have a limited impact because they are built upon a model in which all women are assumed to be the same. If a solution to the marriage... |
1999 |