AuthorTitleCitationSummaryYear
David A. Harris The Stories, the Statistics, and the Law: Why "Driving While Black" Matters 84 Minnesota Law Review 265 (December, 1999) Each one of those stops, for me, had nothing to do with breaking the law. It had to do with who I was. . . . It's almost like somebody pulls your pants down around your ankles. You're standing there nude, but you've got to act like there's nothing happening. It has happened to actors Wesley Snipes, Will Smith, Blair Underwood, and LeVar Burton. It... 1999
Arthur S. Hayes The Thin Black Line 85-APR ABA Journal 81 (April, 1999) By Paul M. Barrett Dutton, 296 pages $23.95 By Janet McDonald Farrar Straus and Giroux 231 pages $23.00 When you feel really low / Yeah, there's a great truth you should know / When you're young, gifted and black / Your soul's intact.--Nina Simone, Weldon Irvine Jr. (1969) The number of African-Americans enrolled in law school almost doubled in... 1999
Paul Finkelman Thomas R.r. Cobb and the Law of Negro Slavery 5 Roger Williams University Law Review 75 (Fall 1999) From the Revolution until the Civil War Southern intellectuals, professionals, and politicians developed and articulated elaborate defenses of slavery. The most significant proslavery legal scholar was Thomas R.R. Cobb, a Georgia attorney, law professor and one-time reporter for the Georgia Supreme Court. His treatise, An Inquiry into the Law of... 1999
Lolita K. Buckner Inniss Tricky Magic: Blacks as Immigrants and the Paradox of Foreignness 49 DePaul Law Review 85 (Fall 1999) Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the outsider. Many whites could look at the social... 1999
Anthony Ngula Luti When a Door Closes, a Window Opens: Do Today's Private Historically Black Colleges and Universities Run Afoul of Conventional Equal Protection Analysis? 42 Howard Law Journal 469 (Spring 1999) The world had ended, and I was the only person who knew it. And now we come face to face squarely with a serious and concerted effort to destroy these resources--the foundation stone of our past, our present, and our future. To destroy them by starving them to death, though they have never been well nourished or by merging them with other... 1999
Richard Delgado 1998 Hugo L. Black Lecture: Ten Arguments Against Affirmative Action- How Valid? 50 Alabama Law Review 135 (Fall, 1998) Thanks to the Alabama faculty and especially Dean Ken Randall for the invitation to speak here today. I am honored to give an address named after one of the greatest and most courageous Supreme Court justices. Hugo Black began his political life as an enthusiastic member of the Ku Klux Klan, but ended it as a supporter of African-American equality.... 1998
Richard Delgado 1998 Hugo L. Black Lecture: Ten Arguments Against Affirmative Action-- How Valid? 50 Alabama Law Review 135 (Fall, 1998) Thanks to the Alabama faculty and especially Dean Ken Randall for the invitation to speak here today. I am honored to give an address named after one of the greatest and most courageous Supreme Court justices. Hugo Black began his political life as an enthusiastic member of the Ku Klux Klan, but ended it as a supporter of African-American equality.... 1998
Terry Smith A Black Party? Timmons, Black Backlash and the Endangered Two-party Paradigm 48 Duke Law Journal 1 (October, 1998) In a pair of 1997 electoral decisions, the Supreme Court decided that Minnesota could prohibit fusion candidacies in the interest of maintaining a strong two-party system, but that Georgia could not create two new majority-minority congressional districts because the redistricting process had been impermissibly infected by race. In this Article,... 1998
Helen Bishop Jenkins A Study of the Intersection of Dna Technology, Exhumation and Heirship Determination as it Relates to Modern-day Descendants of Slaves in America 50 Alabama Law Review 39 (Fall, 1998) Good friend, for Jesus' sake forbear To dig the dust enclosed here; Blest be the man that spares these stones, And curst be he that moves my bones. There has been a proliferation of deoxyribonucleic acid (DNA) testing in the last few years to establish paternity, grand-paternity, great-grand-paternity and beyond. Evidence of paternity through DNA... 1998
Cynthia R. Mabry African Americans "Are Not Carbon Copies" of White Americans -The Role of African American Culture in Mediation of Family Disputes 13 Ohio State Journal on Dispute Resolution 405 (1998) Urcelle, 43, and Eugene Brown, 45, an African American couple, have been married for fifteen years. During the marriage, two children were born. Presently, Marcus, the youngest child, is four years old. His sister, Chanika LaShaun, is fourteen years old. For two years, Urcelle and Eugene's relationship has been deteriorating. After concerted... 1998
James W. Pearce , JoAnn S. Hickey , Debra D. Burke African Americans in Large Law Firms: the Possible Cost of Exclusion 42 Howard Law Journal 59 (Fall, 1998) The paucity of African American representation in the legal profession has been cited as a multifaceted symbol of the persistent social inequality that has historically marked race relations in this country. According to the 1990 census, white males comprised 92.5 percent of the legal profession, while only 3.3 percent of the nation's lawyers were... 1998
Kelly McMurry African Americans More Likely to Face Execution, Report Finds 34-AUG Trial 88 (August, 1998) Race plays a decisive role in the question of who lives and who dies among convicted criminals in the United States, with African Americans much more likely to face execution than other defendants, according to two new studies. Both studies were recently published by the Death Penalty Information Center, a nonprofit group based in Washington, D.C.,... 1998
George A. Martínez African-americans, Latinos, and the Construction of Race: Toward an Epistemic Coalition 19 Chicano-Latino Law Review 213 (Spring 1998) Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the... 1998
Jill Gaulding Against Common Sense: Why Title Vii Should Protect Speakers of Black English 31 University of Michigan Journal of Law Reform 637 (Spring 1998) The speech of many black Americans is marked by phrases such as we be writin' or we don't have no problems. Because most listeners consider such Black English speech patterns incorrect, these speakers face significant disadvantages in the job market. But common sense suggests that there is nothing discriminatory about employers' negative... 1998
Andrew E. Taslitz An African-american Sense of Fact: the O. J. Trial and Black Judges on Justice 7 Boston University Public Interest Law Journal 219 (Spring 1998) The recent verdict against Orenthal James (O. J.) Simpson in the civil case raised renewed cries of racial bias in the criminal case, bias discussed in the media and in the private conversations of White America. The O. J. jurors in the criminal case, it was said, acted out of racial solidarity because most of the jurors were Black.... 1998
Benjamin E. Griffith Annual Report of the Election Law and Reapportionment Subcommittees-colorblind Jurisprudence: the Demise of Racial Rorschachism and Separatism 30 Urban Lawyer 995 (Fall, 1998) THE SUPREME COURT AND LOWER COURTS in 1997-98 addressed a wide range of election law issues and seemingly intractable reapportionment controversies under the Voting Rights Act of 1965 and the Fourteenth and Fifteenth Amendments to the U. S. Constitution. A trio of Supreme Court decisions focused on the meaning, application, and enforcement of the... 1998
Abe Krash Architects of Gideon: Remembering Abe for Tas and Hugo Black 22-MAR Champion 16 (March, 1998) 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, D.C., was appointed by the Supreme Court to represent Clarence Earl Gideon in connection with his appeal. He wrote the brief... 1998
Abe Krash Architects of Gideon: Remembering Abe Fortas and Hugo Black 22-MAR Champion 16 (March, 1998) 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, D.C., was appointed by the Supreme Court to represent Clarence Earl Gideon in connection with his appeal. He wrote the brief... 1998
Kevin Hopkins Back to Afrolantica: a Legacy of (Black) Perseverance? 24 New York University Review of Law and Social Change 447 (1998) The ancestors remind us, despite the history of pain We are a going-on people who will rise again. -- Maya Angelou Back to Africa movements have appealed to large masses of Black Americans for nearly two centuries. Leaders of these movements have exhorted blacks to leave the United States and to move to Africa or the Caribbean in order to escape... 1998
Caitlin M. Liu Beyond Black and White: Chinese Americans Challenge San Francisco's Desegregation Plan 5 Asian Law Journal 341 (May, 1998) For the past 15 years, San Francisco has taken aggressive measures to desegregate its public schools. Originally conceived to enhance equal education opportunities for racial and ethnic minority children, the desegregation plan has come under increasing attack in recent years for its discriminatory effects on students of Chinese descent, especially... 1998
Anthony V. Alfieri Black and White 10 La Raza Law Journal 561 (Spring 1998) Critical Race Theory dreams in black and white. No rhapsody of color, only charred history and pale hope. Yet the dreams stamp hard, inspiring a jurisprudential movement of diverse scholars and earning an uneasy place in the postwar scholarship of the American legal academy. Having waged both theoretical and practical battles to gain that place,... 1998
Gary Stewart Black Codes and Broken Windows: the Legacy of Racial Hegemony in Anti-gang Civil Injunctions 107 Yale Law Journal 2249 (May, 1998) [W]e remain imprisoned by the past as long as we deny its influence in the present. --Justice William Brennan Murder and mayhem are ravaging America's inner-cities. Indeed, members of neighborhood gangs are holding an alarming number of innocent citizens hostages in the hood, leaving residents of these communities afraid for their lives in... 1998
Paul Harris, Shuba Satyaprasad, New York University Press, 1997 Black Rage Confronts the Law 7 Boston University Public Interest Law Journal 181 (Winter 1998) In Black Rage Confronts the Law, Paul Harris strives to show that, whether surrounded by gunfire in America's ghettos or struggling with racial barriers in financial centers, black rage can exist. Harris, Charles Garry Professor of Law at New College's public interest law school in San Francisco, past president of the National Lawyers Guild and... 1998
Tracey L. Meares , Dan M. Kahan Black, White and Gray: a Reply to Alschuler and Schulhofer 1998 University of Chicago Legal Forum 245 (1998) The goal of our Article was to expose the anachronistic picture of political reality that informed the Illinois Supreme Court's decision in Chicago v Morales. Relying on civil rights era precedents designed to counteract racist policies aimed at locking minorities out of the community's civic life, the Morales Court's analysis seems to treat... 1998
Taunya Lovell Banks Both Edges of the Margin: Blacks and Asians in Mississippi Masala, Barriers to Coalition Building 5 Asian Law Journal 7 (May, 1998) Asians often take the middle position between White privilege and Black subordination and therefore participate in what Professor Banks calls simultaneous racism, where one racially subordinated group subordinates another. She observes that the experience of Asian Indian immigrants in Mira Nair's film parallels a much earlier Chinese immigrant... 1998
Andrew A. Workman Brian K. Landsberg, Enforcing Civil Rights: Race Discrimination and the Department of Justice. Lawrence: University of Kansas Press, 1997. Xii, 276 Pp. $35.00. 42 The American Journal of Legal History 212 (April, 1998) The two books under review analyze the implementation of national civil rights policy for African Americans during and after the Second Reconstruction. Brian K. Landsberg, author of Enforcing Civil Rights, served twenty-two years as a career attorney for the Department of Justice's Civil Rights Division, and retains a deep faith in its mission of... 1998
Mary-Alice Brady, Staff Member, Boston College Law Review C. White Males Have Standing to Bring Hostile Environment Claims for Discrimination Directed Towards Black and Female Coworkers: Childress V. City of Richmond 39 Boston College Law Review 423 (March, 1998) Title VII of the Civil Rights Act of 1964 (Title VII) prohibits discrimination in employment on the basis of race, color, religion, sex or national origin. Section 706(b) of Title VII grants individuals a private right of action against their employers. This private right of action is designed to assist the Equal Employment Opportunity Commission... 1998
Jeremy Waldron , Review and Commentary Charles L. Black, Jr., a New Birth of Freedom: Human Rights, Named and Unnamed, New York: Grosset/putnam 1997, 175 Pages. 29 Columbia Human Rights Law Review 765 (Summer, 1998) Charles Black is one of the great lawyers of the American civil rights movement and one of the great scholars of civil rights jurisprudence. His latest book is an attempt to sketch out a foundational theory of rights for American law. The foundations of American human-rights law are in bad shape, he says. They creak, they groan for rebuilding.... 1998
Guadalupe T. Luna Chicana/chicano Land Tenure in the Agrarian Domain: on the Edge of a "Naked Knife" 4 Michigan Journal of Race and Law 39 (Fall 1998) Neither sovereignty nor property rights could forestall American geopolitical expansion in the first half of the nineteenth century. The conflicts that resulted from this clash of doctrine with desire are perhaps most evident in the history of the Chicanas/Chicanos of Texas, California, and the Southwest, who sought to maintain their land and... 1998
Christopher Uggen, Candace Kruttschnitt Crime in the Breaking: Gender Differences in Desistance 32 Law and Society Review 339 (1998) Despite increasing interest in understanding patterns of criminal behavior over the life course and, especially, desistance from crime, evidence about the predictors of these experiences has been derived only from samples of male offenders. We evaluate whether there are gender differences in the predictors of both self-reported illegal earnings and... 1998
Terrance A. Keith , A. Kay Stanfield Brown D. Augustus Straker Bar Association: its History and Achievements 77 Michigan Bar Journal 558 (June, 1998) In 1987 two African-American attorneys went to lunch in Troy. During their luncheon conversation the question was raised: Just how many African-American attorneys are practicing in Oakland County? Pondering the question for a moment, they agreed that there couldn't be more than one or two handfuls. They wondered if they could get the lawyers to... 1998
Matthew Mancini, Southwest Missouri State University David M. Oshinsky, "Worse than Slavery": Parchman Farm and the Ordeal of Jim Crow Justice 42 American Journal of Legal History 444 (October, 1998) Mississippi's Parchman Farm became in the first decade of this century the destination of almost all of that state's unfortunate convicts. As notorious in American folklife, song and legend as it was in the mainstream of professional American penology, Parchman was nonetheless beloved of white Mississippians, both because of the perceived... 1998
David Cohen Democracy and the Intersection of Prisons, Racism and Capital 15 National Black Law Journal 87 (1997-1998) As we approach the end of the millennium, this country is facing a crisis of incarceration. With the prison population growing dramatically, 123 new state and federal prisons were scheduled to open in 1996. In 1994 and 1995, the demand for new prison beds averaged about 1400 per week. At an average cost of $54,000 per cell, the construction costs... 1998
Zanita E. Fenton Domestic Violence in Black and White: Racialized Gender Stereotypes in Gender Violence 8 Columbia Journal of Gender and Law L. 1 (1998) I. Introduction. 1 II. StereotypesSex, Power, Gender, Race. 10 A. The Formation of Stereotypes. 10 B. Stereotypes Formed. 19 C. Domestic Violencea Point of Culmination. 26 D. The Persistence of StereotypesPerspective, Juries, and Justice (or Just Us). 31 III. Pitting Race Against GenderThe Choice. 37 A. The Dynamics of Power. 37 B. The... 1998
Robert S. Chang Dreaming in Black and White: Racial-sexual Policing in the Birth of a Nation, the Cheat, and Who Killed Vincent Chin? 5 Asian Law Journal 41 (May, 1998) Professor Chang observes that Asians are often perceived as interlopers in the nativistic American family. This conception of a nativist family is White in composition and therefore accords a sense of economic and sexual entitlement to Whites, ironically, even if particular beneficiaries are recent immigrants. Transgressions by those perceived... 1998
J. Clay Smith, Jr. Elizabeth D. Pittman: Black Legal Pioneer in the Midlands 32 Creighton Law Review 511 (December, 1998) During the 1973 commencement, Creighton University honored Elizabeth Davis Pittman for pioneering accomplishments in her profession and her community. The honorary doctorate bestowed on Pittman was in recognition of a life of achievements. The citation noted that Pittman was the first black woman to graduate from Creighton University School of... 1998
Patricia A. King , Leslie E. Wolf Empowering and Protecting Patients: Lessons for Physician-assisted Suicide from the African-american Experience 82 Minnesota Law Review 1015 (April, 1998) While we were watching round her bed, She turned her eyes and looked away, She saw what we couldn't see; She saw Old Death. She saw Old Death. Coming like a falling star. But Death didn't frighten Sister Caroline; He looked to her like a welcome friend. And she whispered to us: I'm going home, And she smiled and closed her eyes. The increasing... 1998
Wilton Hyman Empowerment Zones, Enterprise Communities, Black Business, and Unemployment 53 Washington University Journal of Urban and Contemporary Law 143 (Winter 1998) I. Introduction. 144 II. A History of Enterprise Zones. 146 A. The Origin of Enterprise Zones in Britain. 146 B. The U.S. Experience. 147 C. The State Enterprise Zones. 149 1. The GAO Study of Three Maryland Enterprise Zones. 150 2. The Rubin Study of New Jersey's Enterprise Zones. 151 III. The EZ/EC Program. 153 A. Principles Underlying the... 1998
David C. Cox Fourteenth Amendment--due Process, Equal Protection and Law Against Discrimination--material Issue of Fact as to Whether County Sheriff Engaged in Discriminatory Harassment by Uttering One Racial Epithet That Was Sufficiently Severe to Create a Hostile Wo 9 Seton Hall Constitutional Law Journal 311 (Fall, 1998) The New Jersey Supreme Court recently held that a rational factfinder could conclude that there was a material issue of fact as to whether a county sheriff engaged in discriminatory harassment by uttering a racial epithet that was sufficiently severe to have created a hostile work environment and that would result in severe emotional distress to an... 1998
George D. Marlow From Black Robes to White Lab Coats: the Ethical Implications of a Judge's Sua Sponte, ex Parte Acquisition of Social and Other Scientific Evidence During the Decision-making Process 72 Saint John's Law Review 291 (Spring 1998) Justice does hold true scales but it is not blind, nor should it be. Hon. Jack B. Weinstein As scientific and technological issues appear in litigation more frequently and become more complex, judges will be inclined to conduct their own research in order to understand fully the questions facing the court. In Judicial Use of Social Science... 1998
John M. Vickerstaff Getting off the Bus: Why Many Black Parents Oppose Busing 27 Journal of Law and Education 155 (January, 1998) Busing has historically been an important tool in the struggle to desegregate American schools. Because nearly all U.S. metropolitan areas are divided geographically by race, many school districts (some under federal court order) have attempted to reduce racial segregation by busing students from one neighborhood to another. Many African-American... 1998
Hope Lewis Global Intersections: Critical Race Feminist Human Rights and Inter/national Black Women 50 Maine Law Review 309 (1998) My life stories influence my perspective, a perspective unable to function within a single paradigm because I am too many things at one time. Say, I remember, when we used to sit in a government yard in Brooklyn . As an African American feminist law professor who is visually impaired and the daughter of immigrants, I am often torn as to which... 1998
Tonya M. Evans In the Title Ix Race Toward Gender Equity , the Black Female Athlete Is Left to Finish Last: the Lack of Access for the "Invisible Woman." 42 Howard Law Journal 105 (Fall, 1998) Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons.... 1998
Cassandra Shaylor It's like Living in a Black Hole: Women of Color and Solitary Confinement in the Prison Industrial Complex 24 New England Journal on Criminal and Civil Confinement 385 (Summer, 1998) Angela Tucker awoke at six a.m. cowering in the corner of her cell, shaking uncontrollably, unable to breathe. A fifty-four year old African-American woman, Tucker suffers from hypertension, diabetes, and asthma. Though she was confined alone in this cold, dark cell for six months, she finally had reached her limit. She repeatedly called for guards... 1998
Davison M. Douglas Justifying Racial Reform 76 Texas Law Review 1163 (April, 1998) [African Americans] want what is due them, rather than pity and sympathy. They think that if you have to make people look bad or broken up before you can get the country to give them what they should have by right, then that's the same old racism and segregation at work.--African-American minister, 1965 African Americans have had an undeniably... 1998
Angela Mae Kupenda Law, Life, and Literature: a Critical Reflection of Life and Literature to Illuminate How Laws of Domestic Violence, Race, and Class Bind Black Women Based on Alice Walker's Book the Third Life of Grange Copeland 42 Howard Law Journal L.J. 1 (Fall, 1998) [A woman] who is sensitive and accustomed to an environment of breeding, education or culture might be severely affected and harmed by [domestic abuse] considered minor by one hardened by harsh treatment . . . . Dat man ober dar say dat women needs to be helped into carriages, and lifted ober ditches, and to have de best places ... and ain't I a... 1998
Alfred Dennis Mathewson Major League Baseball's Monopoly Power and the Negro Leagues 35 American Business Law Journal 291 (Winter, 1998) Fifty years have passed since Branch Rickey lured Jackie Robinson from the Kansas City Monarchs to play for the Brooklyn Dodgers. Nearly thirty years have passed since the Indianapolis Clowns, the last surviving Negro League team, closed its doors and ceased to play ball. Historians attribute this failure to integration. This article challenges... 1998
Robert Westley Many Billions Gone: Is it Time to Reconsider the Case for Black Reparations? 40 Boston College Law Review 429 (December, 1998) For each beloved hour, sharp pittances of years. Bitter contested farthings and coffers heaped with tears. Affirmative action for Black Americans as a form of remediation for perpetuation of past injustice is almost dead. Due to a string of Supreme Court decisions beginning with Bakke and leading up to Adarand, the future possibility of using... 1998
Robert Westley Many Billions Gone: Is it Time to Reconsider the Case for Black Reparations? 19 Boston College Third World Law Journal 429 (Fall, 1998) For each beloved hour, sharp pittances of years. Bitter contested farthings and coffers heaped with tears. Affirmative action for Black Americans as a form of remediation for perpetuation of past injustice is almost dead. Due to a string of Supreme Court decisions beginning with Bakke and leading up to Adarand, the future possibility of using... 1998
Diane Miller Sommerville, Lafayette College Martha Hodes, White Women, Black Men: Illicit Sex in the Nineteenth-century South 42 American Journal of Legal History 438 (October, 1998) In 1918 Ulrich B. Phillips, citing 105 cases of slaves accused of raping white women, challenged the ubiquitous oft-asserted Southern tradition that negroes never violated white women before slavery was abolished. In weaving the threads of what has become known as the rape myth, Southern whites had sought to accentuate the newness of black rape... 1998
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