AuthorTitleCitationSummaryYear
Regina Austin Not Just for the Fun of It!: Governmental Restraints on Black Leisure, Social Inequality, and the Privatization of Public Space 71 Southern California Law Review 667 (May, 1998) I cannot imagine any conception of the black good life that does not allow for a fair measure of leisure. Unfortunately, our legal system has a long way to go before blacks will be able to pursue leisure on a just and equal footing with whites. This is all the more true because leisure discrimination and segregation as such have not really been... 1998
Karen L. Proudford Notes on the Intra-group Origins of Inter-group Conflict in Organizations: Black-white Relations as an Exemplar 1 University of Pennsylvania Journal of Labor and Employment Law 615 (Fall, 1998) Organizations, as arenas within which coordinated action takes place, must continually foster productive relationships among diverse groups of people. Moreover, to compete successfully in a global environment, American companies must understand the varied markets and populations they serve. The alignment of divergent interests, both inside and... 1998
Dr. A'lelia Robinson Henry Perpetuating Inequality: Plessy V. Ferguson and the Dilemma of Black Access to Public and Higher Education 27 Journal of Law and Education 47 (January, 1998) Are the present disparities in the level of higher education attained by African Americans and white Americans attributable to State action or differences in individual circumstances? Have federal desegregation policies significantly altered the effect of segregationist policies and practices on black access to higher education? Although... 1998
Nathan V. Gemmiti Porsche or Pinto? The Impact of the "Motor Voter Registration Act" on Black Political Participation 18 Boston College Third World Law Journal 71 (Winter, 1998) The Declaration of Independence proclaims that the government derives its powers from the consent of the governed. The framers of the Constitution wrote the words, We the People, to create a country founded on the principles of freedom, democracy, and equality. Ironically, these ideals co-existed within a political structure that excluded from... 1998
Quintard Taylor Race & Ethnicity in the Southwest 34-FEB Arizona Attorney 17 (February, 1998) In April 1992, South Central Los Angeles exploded in rage. Those scenes of urban carnage undermined the regional self-image most westerners prefer, placid valleys or broad vistas populated by self-reliant citizens under an open sky. Yet black Western history, much like the Los Angeles uprising, forces a reexamination of the imagined West. That... 1998
Thomas J. Kane Racial and Ethnic Preferences in College Admissions 59 Ohio State Law Journal 971 (1998) College admissions committees, not markets, ration access to many of the most selective U.S. colleges. As the labor market payoff to a college education has risen and competition for admission to elite universities has become more keen, racial preference in college admissions has become increasingly controversial, particularly at public... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 40 Boston College Law Review 477 (December, 1998) In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 19 Boston College Third World Law Journal 477 (Fall, 1998) In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
Aquanetta A. Knight Rebels in Law: Voices in History of Black Women Lawyers-interview with J. Clay Smith, Jr. on His New Book 12-APR NBA National Bar Association Magazine 31 (March-April, 1998) NBAM: Professor Smith, you have been engaged in the history of black lawyers for several years. How did you become interested in the history of black lawyers? JCS: I knew a few black lawyers when I was a youth. I grew up in Omaha, Nebraska. However, I did not have any information about how they became lawyers, where they attended law school or why... 1998
Timothy Zick Re-defining Reproductive Freedom 21 Harvard Women's Law Journal 327 (Spring, 1998) Reproductive freedom is at the heart of women's equality. Women who cannot control when they will conceive and how many children they will have cannot be free and equal participants in family, social, political and economic life. Nor can they take advantage of the equal rights women have won in the courts and the legislatures. Without reproductive... 1998
Terry Smith Reinventing Black Politics: Senate Districts, Minority Vote Dilution and the Preservation of the Second Reconstruction 25 Hastings Constitutional Law Quarterly 277 (Spring 1998) I. Busting the White Male Millionaires' Club: The Seventeenth Amendment and the Re-Ratification of the Fifteenth Amendment . 286 A. Racism and Constitutional Reform as Strange Bedfellows: The Words and Deeds of the Seventeenth Amendment . 288 B. Special Reasons for Exempting Senate Elections . 300 C. The Perils of Post-Enactment History. 305 II.... 1998
Chris K. Iijima Reparations and the "Model Minority" Idealogy of Acquiescence: the Necessity to Refuse the Return to Original Humiliation 40 Boston College Law Review 385 (December, 1998) Any attempt to soften the power of the oppressor in deference to the weakness of the oppressed almost always manifests itself in the form of false generosity; indeed, the attempt never goes beyond this. In order to have the continued opportunity to express their generosity, the oppressors must perpetuate injustice as well. An unjust social... 1998
Chris K. Iijima Reparations and the "Model Minority" Idealogy of Acquiescence: the Necessity to Refuse the Return to Original Humiliation 19 Boston College Third World Law Journal 385 (Fall, 1998) Any attempt to soften the power of the oppressor in deference to the weakness of the oppressed almost always manifests itself in the form of false generosity; indeed, the attempt never goes beyond this. In order to have the continued opportunity to express their generosity, the oppressors must perpetuate injustice as well. An unjust social... 1998
Irma Jacqueline Ozer Reparations for African Americans 41 Howard Law Journal 479 (Spring, 1998) The analysis presented in this paper is based primarily upon law review articles and books written during the last three decades. Also presented in this paper are new theories of tort and criminal defense which attempt to illustrate the profound psychological effects of past and ongoing wrongs perpetrated upon African Americans in the United... 1998
Melissa Meade Reproductive Rights as Civil Rights: Navigating the Intersections of History, Race, and Reproductive Control 13 Berkeley Women's Law Journal 306 (1998) Analyses of reproductive politics are varied and numerous, focusing on such issues as motherhood, birth control, abortion rights, healthcare, and implications of new reproductive technologies. In Killing the Black Body, Dorothy Roberts addresses this breadth of issues, navigating among them, and thus providing a complicated account of reproductive... 1998
Richard Delgado Rodrigo's Roadmap: Is the Marketplace Theory for Eradicating Discrimination a Blind Alley? 93 Northwestern University Law Review 215 (Fall 1998) It had been a glorious day in this quaint town in the Great Northwoods of Michigan. Sunshine filtered through the massive hardwood trees, giving the underlying grounds a dappled effect. Stately, flat-bottomed clouds punctuated the sky moving slowly as though keeping time with the hands of the great clock at campus center. The sudden peal of distant... 1998
Vernellia R. Randall Smoking, the African-american Community, and the Proposed National Tobacco Settlement 29 University of Toledo Law Review 677 (Summer, 1998) Dedicated to the Memory of Ernest Randall 1916-1995 My great-grandfather, Manlis Randle, lived to be ninety-four years old; my grandfather, Tom Randall, the youngest child of slaves, lived to be ninety-seven years old. My father, an educated black man of the twentieth century, lived only to seventy-nine. He died of cancer after smoking cigarettes... 1998
Sharon Keller Something to Lose: the Black Community's Hard Choices about Educational Choice 24 Journal of Legislation 67 (1998) We've had all-boy schools in urban areas for all the wrong reasons. The moment we start to talk about something positive, then the folks come out of the woodwork. Through concerted community action, a group of African-American parents in Detroit pushed their school board to charter Afrocentric male academies for their children as Alternative... 1998
David F. Forte Spiritual Equality, the Black Codes and the Americanization of the Freedmen 43 Loyola Law Review 569 (WINTER 1998) Senator Garett Davis, the gentleman from Kentucky, rose to offer an amendment to Senate Bill 108: And be it further enacted, That all persons liberated under this act shall be colonized out of the limits of the United States; and the sum of $100,000, out of any money in the Treasury not otherwise appropriated, shall be expended, under the direction... 1998
Penelope E. Andrews Striking the Rock: Confronting Gender Equality in South Africa 3 Michigan Journal of Race and Law 307 (Spring 1998) This Article analyzes the status of women's rights in the newly democratic South Africa. It examines rights guaranteed in the Constitution and conflicts between the principle of gender equality and the recognition of indigenous law and institutions. The Article focuses on the South African transition to democracy and the influence that feminist... 1998
Tracey Maclin Terry V. Ohio's Fourth Amendment Legacy: Black Men and Police Discretion 72 Saint John's Law Review 1271 (Summer-Fall 1998) It's harder to work in these neighborhoods now than it used to be because we send the kids to school and teach them about rights and then put them back in the neighborhood. I think we ought to either get rid of these neighborhoods or stop teaching these kids about their rights. --Police officer's response to blacks who resist patrol tactics... 1998
Juan F. Perea The Black/white Binary Paradigm of Race: the "Normal Science" of American Racial Thought 10 La Raza Law Journal 127 (Spring 1998) The Black/White Binary Paradigm of race has become the subject of increasing interest and scrutiny among some scholars of color. This Article uses Thomas Kuhn's notions of paradigm and the properties of paradigms to explore several leading works on race. The works the author explores demonstrate the Black/White paradigm of race and some of its... 1998
Tracey L. Meares The Increasing Significance of Genes: Reproducing Race 92 Northwestern University Law Review 1046 (Spring, 1998) In her new and provocative book, Dorothy Roberts collects stories. There are many, but here are two notable ones. The first involves an African woman and her husband. They live in Italy. A few years ago, in order to obtain assistance in becoming pregnant and carrying a child to term, the couple went to an Italian clinic that specializes in... 1998
Cynthia G. Hawkins-Leon The Indian Child Welfare Act and the African American Tribe: Facing the Adoption Crisis 36 Brandeis Journal of Family Law 201 (Spring 1997-1998) Does skin color talk[ ] louder than words? Adoption is a process involving up to five competing interests: the child, the biological parents, the adoptive parents, the agency or attorney arranging the adoption, and the state. When an adoption involves an African American child, additional interests arise: cultural expression and unanimity.... 1998
David E. Bernstein The Law and Economics of Post-civil War Restrictions on Interstate Migration by African-americans 76 Texas Law Review 781 (March, 1998) A man has a right to go anywhere in this country he may choose. -- R.A. Peg Leg Williams, Southern emigrant agent In Williams v. Fears, the Supreme Court upheld a racist statute that imposed a prohibitive license fee on interstate labor recruiters known as emigrant agents. The result in Williams negatively affected the lives of millions of... 1998
Evan Tsen Lee , Ashutosh Bhagwat The Mccleskey Puzzle: Remedying Prosecutorial Discrimination Against Black Victims in Capital Sentencing 1998 Supreme Court Review 145 (1998) In this article we analyze possible legislative and judicial alternatives for redressing prosecutorial race discrimination against murder victims. There are both substantive and procedural obstacles to such remedies. The substantive obstacle is the doctrine that requires proof of intentional discrimination to make out a violation of the Equal... 1998
  The University of Michigan Law School Black Law Students Alliance Statement on Affirmative Action 4 Michigan Journal of Race and Law 189 (Fall 1998) The members of the Black Law Students Alliance of the University of Michigan Law School (BLSA) support affirmative action as a result of our experience as African Americans. Race continues to play a significant role in American life. Affirmative action attempts to account for the historical exclusion of racial minorities and women from society's... 1998
Phyliss Craig-Taylor To Be Free: Liberty, Citizenship, Property, and Race 14 Harvard BlackLetter Law Journal 45 (Spring, 1998) Voltaire once described history as a pack of tricks that the present plays on the past. He failed to mention that the people of the past have their own dissembling pranks. The most troublesome for historians is the tendency to change without notice the meaning of words. Whole new concepts can take shape behind an unvarying set of terms. Nothing is... 1998
Doris Marie Provine Too Many Black Men: the Sentencing Judge's Dilemma 23 Law and Social Inquiry 823 (Fall, 1998) Legal reform sometimes has unanticipated, even ironic, results. A good example is federal legislation adopted in the 1980s that was supposed to enhance equity in sentencing. Congress, like many state legislatures in this period, reduced judicial control over sentencing by adopting presumptive sentencing guidelines for all serious criminal offenses... 1998
Theresa Raffaele Jefferson Toward a Black Lesbian Jurisprudence 18 Boston College Third World Law Journal 263 (Spring, 1998) Black lesbians are everywhere and nowhere all at once. Throughout history we have been made invisible. This invisibility serves as a constant reminder that our culture, and indeed our very lives are considered at best illegitimate. At the same time, our identity as Black lesbians has been made hyper-visible when we have tried to remain in the... 1998
D. Marvin Jones We're All Stuck Here for a While: Law and the Social Construction of the Black Male 24 Journal of Contemporary Law 35 (1998) I am an invisible man. No, I am not a spook like those who haunted Edgar Allan Poe, nor am I one of your Hollywood-movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids--and I might even be said to possess a mind. One of the greatest inventions of the twentieth century is the African-American male--invented because black... 1998
Michele M. SimmsParris What Does it Mean to See a Black Church Burning? Understanding the Significance of Constitutionalizing Hate Speech 1 University of Pennsylvania Journal of Constitutional Law 127 (Spring 1998) People who will burn a cross will burn a church The Color of Night Somewhere in the middle of some place, in the middle or at the fringes of this place--your space and, yes, my space too--America there resonates in the crackling timbre of heat and hate a spate of yellow, blue, orange, and red. Color.How tragically appropriate when we stop to... 1998
Tena Jamison Lee A Deafening Silence at the Polls 24-SUM Human Rights 12 (Summer, 1997) Although this country considers itself advanced when it comes to the issues of civil and human rights, we live in a time when a large segment of our population is denied the right to vote. According to a recent study, 14 percent or one in seven of the 10.4 million black males of voting age are either currently or permanently barred from voting due... 1997
Kevin L. Hopkins A Gospel of Law 30 John Marshall Law Review 1039 (Summer 1997) Derrick Bell is no stranger to civil rights activists, the Black community and the legal academy. Over the last three decades his involvement and participation in civil rights litigation and his numerous scholarship in the areas of Race and Constitutional Law have placed him in the forefront of Critical Race Theory. In Gospel Choirs: Psalms of... 1997
Keith Liddle Affirmative Action for Certain Non-black Minorities and Recent Immigrants--"Mend it or End It?" 11 Georgetown Immigration Law Journal 835 (Summer, 1997) Race based affirmative action programs have come under attack again on the ground that such programs amount to reverse discrimination. One such attack involved a 1994 challenge to the admissions process at the University of Texas Law School. After setting the legal background and tracing some of the legal limits courts have imposed on affirmative... 1997
Deborah C. Malamud Affirmative Action, Diversity, and the Black Middle Class 68 University of Colorado Law Review 939 (Fall 1997) To its critics, one of the flaws of race-based affirmative action is that its main beneficiaries are economically privileged members of the eligible minority groups. Supporters of race-based affirmative action, particularly in the sphere of education, have responded by claiming (implicitly or explicitly) that economic inequality is not, in fact,... 1997
Patricia Hill Collins African-american Women and Economic Justice: a Preliminary Analysis of Wealth, Family, and African-american Social Class 65 University of Cincinnati Law Review 825 (Spring 1997) In contrast to countries that are far less affluent than the United States, the sizeable economic inequality characterizing social-class relations in the United States typically remains hidden. Buffered by a malleable social welfare state that expands and contracts in response to changing public perceptions of economic inequality and shaped by a... 1997
Jewel D. Amoah Back on the Auction Block: a Discussion of Black Women and Pornography 14 National Black Law Journal 204 (Spring 1997) The Shorter Oxford English Dictionary defines pornography as: The explicit description or exhibition of sexual subjects or activity in literature, painting, films, etc., in a manner intended to stimulate erotic rather than aesthetic feelings. This definition in itself should suffice to say that pornography, having no aesthetic value (that is, not... 1997
Alfreda A. Sellers Diamond Becoming Black in America: a Book Review Essay of Life on the Color Line by Gregory Howard Williams 67 Mississippi Law Journal 427 (Winter 1997) Life on the Color Line chronicles the life of Gregory Howard Williams. The book asks important questions about the social consequences and the significance of racial designation, particularly, what it means to live life as a black child in this country. Dean Williams' memoir, however, reveals the question from a different vantage point, in that he... 1997
Margaret M. Russell Beyond "Sellouts" and "Race Cards": Black Attorneys and the Straitjacket of Legal Practice 95 Michigan Law Review 766 (February, 1997) For attorneys of color, the concept of representing race within the context of everyday legal practice is neither new nor voluntarily learned; at a basic level, it is what we do whenever we enter a courtroom or conference room in the predominantly white legal system of this country. The ineluctable visibility of racial minorities in the legal... 1997
Susan Hatcher Beyond the Bare Numbers 24 American Journal of Criminal Law 455 (Spring 1997) Imagine yourself sitting down to watch the evening news. The lead story flashes onto the screen, and before you have the opportunity to channel in on the spoken report, the visual footage arouses your interest. . . . An African-American male in his mid-twenties, lying face down on the pavement with his hands stretched tightly behind his back... 1997
  Black African Reparations: Making a Claim for Enslavement and Systematic De Jure Segregation and Racial Discrimination under American and International Law 25 Southern University Law Review Rev. 1 (Fall, 1997) I. Introduction. 2 II. A Historical Overview of the Struggle for African Reparations. 6 A. Reparations: From Pre-Reconstruction to thePresent. 6 III. Can a Valid Claim for Black Reparations be Made Under American Law?. 14 A. American Courts in the Late Nineteenth Century. 14 B. American Courts in the Early and Mid-Twentieth Century. 16 IV. The... 1997
Robin D. Barnes Black America and School Choice: Charting a New Course 106 Yale Law Journal 2375 (June, 1997) As scholars debate the purpose of public education and the value of school choice, Americans are demanding more and better educational choices for their children. Many school reform advocates are troubled by racially disparate educational outcomes, while others are absorbed with improving quality and raising education standards overall. Conditions... 1997
Anthony V. Alfieri Black and White 85 California Law Review 1647 (October, 1997) 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,... 1997
Brian Owsley Black Ivy: an African-american Perspective on Law School 28 Columbia Human Rights Law Review 501 (Spring 1997) There are many more serious things to worry about-- compared to life in South Africa, life in a U.S. law school still looks pretty luxurious. The law school can't sanction Professor X because it values free speech. This would be thought control. We can't compromise the first amendment because a few students are oversensitive. --Peter Shane... 1997
Jerome A. Holmes Black Judges on Justice: Perspectives from the Bench 11-DEC NBA National Bar Association Magazine 33 (November/December, 1997) As an African-American judge, would your personal experiences of discrimination influence your view of the racial fairness of the American legal system or your approach toward particular cases? This thought-provoking question and many more like it lie beneath the surface of Mr. Washington's fine book Black Judges on Justice. Mr. Washington... 1997
J. Clay Smith, Jr. Black Women Lawyers: 125 Years at the Bar; 100 Years in the Legal Academy 40 Howard Law Journal 365 (Winter 1997) In 1833, Maria Stewart posed a question that is relevant today: When I cast my eyes on the long list of illustrious names of fame among the whites, I turn my eyes within, and ask my thoughts, Where are the names of our illustrious ones? The accomplishments of the modern black woman cannot be fully explored without paying tribute to the... 1997
Amy L. Knickmeier Blind Leading the "Colorblind:" the Evisceration of Affirmative Action and a Dream Still Deferred 17 Northern Illinois University Law Review 305 (Spring, 1997) In the state of nature, men are in fact born equal; but they cannot remain so. Society deprives them of equality, and they only become equal again because of the laws. Like an incurable cancer, the disease of racism continues to plague the population. This malady incessantly claims victims who, rather than attempting to find a cure for it, fall... 1997
Preston C. Green, III Can Title Vi Prevent Law Schools from Adopting Admissions Practices That Discriminate Against African-americans? 24 Southern University Law Review 237 (SPRING 1997) African-Americans have been historically underrepresented in the legal profession. One reason for this lack of participation is the Law School Admissions Test (LSAT), presently administered by the Law School Admissions Council (LSAC). All law schools accredited by the American Bar Association (ABA) use the LSAT as part of the admissions process.... 1997
Shoba Kammula Capital and Communities in Black and White. By Gregory D. Squires. Albany: State University of New York Press, 1994. Pp. 185. 22 New York University Review of Law and Social Change 861 (1996-1997) In Capital and Communities in Black and White, Gregory D. Squires explores the reasons behind the uneven development of inner cities. Squires, who is a professor of Sociology at the University of Wisconsin-Milwaukee, a former research analyst with the United States Commission on Civil Rights, and the author of several books on redeveloping urban... 1997
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