AuthorTitleCitationSummaryYear
Stephanie L. Phillips Claiming Our Foremothers: the Legend of Sally Hemings and the Tasks of Black Feminist Theory 8 Hastings Women's Law Journal 401 (Fall, 1997) C1-5TABLE OF CONTENTS L1-5 I. L2-5INTRODUCTION L1-5 II. L2-5THE LEGEND OF SALLY HEMINGS A. L3-5THE DRAMA UNFOLDS B. L3-5WHAT SEQUEL SHALL I WRITE? L1-5 III. L2-5PRIMEVAL STORIES ABOUT BLACK WOMEN AND WHITE MEN DURING SLAVERY TIME A. L3-5DESCRIPTION OF THE PROJECT B. L3-5THE STORIES 1. L4-5First Primeval Story: Slave Hates Master; Master Takes Sex... 1997
G. Kristian Miccio Closing My Eyes and Remembering Myself : Reflections of a Lesbian Law Professor 7 Columbia Journal of Gender and Law 167 (1997) I know that I am in the right place. The room is stuffy. The portraits of past deans line the wall reminding some of us that we are interlopers. The gaze of the dead mixes with that of the livingstaring at a podium inhabited by the newest member of the law school faculty. I am hereready to teach, to probe my students' minds, and to allow them to... 1997
Jerry Haynes Clovis E. Semmes, Racism, Health, and Post-industrialism: a Theory of African-american Health (Praeger Publishers 1996). About the Author, Acknowledgements, Index, Introduction, Selected Bibliography. Lc-95-34440; Isbn 0-275-95428-5 [178 Pp. Cloth $59.95, 8 Risk: Health, Safety and Environment 103 (Winter, 1997) Clovis E. Semmes, Racism, Health, and Post-Industrialism: A Theory of African-American Health (Praeger Publishers 1996). About the author, acknowledgements, index, introduction, selected bibliography. LC-95-34440; ISBN 0-275-95428-5 [178 pp. Cloth $59.95, paper $18.95. 88 Post Road West, Westport CT 06881.] Not until well into in his book does... 1997
Fatimah Jackson, Ph.D. Concerns and Priorities in Genetic Studies: Insights from Recent African American Biohistory 27 Seton Hall Law Review 951 (1997) Advances in Deoxyribonucleic Acid (DNA) technology have made widespread genetic testing highly feasible and virtually inevitable. DNA sequencing of the human genome under the aegis of the Human Genome Project (HGP) is expected to be completed before 2000 c.e. This is largely the result of the application of automated DNA sequencing, improved... 1997
Adrien K. Wing , Christine A. Willis Critical Race Feminism: Black Women and Gangs 1 Journal of Gender, Race and Justice 141 (Fall, 1997) A girl was tortured, tied to a manhole cover, and thrown off a bridge to her death. Another girl was attacked on her way home from the grocery store and one of her fingers was chopped off. A young man was beaten so severely he ended up in a coma. Two men were lured to a park and both were shot in the head. All of these brutal crimes have one thing... 1997
David A. Harris Driving While Black and All Other Traffic Offenses: the Supreme Court and Pretextual Traffic Stops 87 Journal of Criminal Law and Criminology 544 (Winter 1997) The Supreme Court's decision in Whren v. United States could not have surprised many observers of the Court's Fourth Amendment jurisprudence. In Whren, police officers used traffic violations as a pretext to stop a car and investigate possible drug offenses; the officers had neither probable cause nor reasonable suspicion to stop the driver for... 1997
Jennifer A. Larrabee Dwb (Driving While Black) and Equal Protection: the Realities of an Unconstitutional Police Practice 6 Journal of Law & Policy 291 (1997) On May 8, 1992, Robert L. Wilkins, an African-American graduate of Harvard Law School and a public defender in Washington, D.C., was traveling through western Maryland in a rented red Cadillac. Wilkins and his family were returning home from a funeral which they had attended in Chicago. Just before dawn, their car was stopped for speeding by... 1997
  Form over Substance 110 Harvard Law Review 1645 (May, 1997) In Not All Black and White, Christopher Edley, Jr. describes three distinct visions of affirmative action (pp. 84-141). Edley ultimately endorses a diversity-based model of affirmative action (p. 124), but in the process he devotes ample space to the consideration of other theories. Although Edley's substantive arguments for diversity-based... 1997
Seth F. Kreimer From Black and White to High Definition Equal Protection 70 Temple Law Review 1165 (Winter 1997) During the last two generations, we have witnessed two successive transformations in equal protection, one in the area of race, and one in the area of gender. I take it as my task during the next few minutes to speculate on where comparable constitutional evolution might emerge during the beginning of the twenty-first century. In exploring this... 1997
Harry Hutchison From Bujumbura to Mogadishu: Ethnic Solidarity, African Reality, American Implications: out of America: a Black Man Confronts Africa, by Keith B. Richburg. New York: Basic Books, 1997. Pp. 251. $24.00 (Hardcover). 31 George Washington Journal of International Law and Economics 141 (1997) We've got rooms full of people with their heads cut off. Their bodies follow behind. Rooms full of people with packaged thoughts, and reality redesigned. Unrestrained people with guns to accent their constipated sentiment. And vision is fraught with ambiguity in a decapitated society. ------Jan Krist We are often the captives of our pictures of the... 1997
Tosha Yvette Foster From Fear to Rage: Black Rage as a Natural Progression from and Functional Equivalent of Battered Woman Syndrome 38 William and Mary Law Review 1851 (July, 1997) Between 1993 and 1995, Americans witnessed a series of notable, highly publicized criminal trials. The most recent notable trial, that of O.J. Simpson, resulted in a not guilty verdict that proved difficult for some to accept. The criminal verdict also was accompanied by a decrease in the level of faith in the criminal justice system. For many,... 1997
James E. Bowman, M.D. Genetics and African Americans 27 Seton Hall Law Review 919 (1997) Minorities are discriminated against in most societies. I categorize minorities as discriminated powerless subset populations of a state. Minorities include the Ainu and Koreans of Japan, Australian Aborigines, the Palestinians in Israel, the Catholics in Northern Ireland, Africans and Algerians in France, Africans and their descendants, and Asian... 1997
Sylvia Wynter Genital Mutilation or "Symbolic Birth?" Female Circumcision, Lost Origins, and the Aculturalism of Feminist/western Thought 47 Case Western Reserve Law Review 501 (Winter 1997) Article 5 of the Universal Declaration of Human Rights . . . stipulates: No one shall be subjected to torture, or to cruel, inhuman, or degrading treatment or punishment. The meaning of this provision, though, is not self-evident. Conceptions of human dignity tend to be indeterminate and contingent and what may appeal to one school as torture,... 1997
Charles Lewis Nier, III Guilty as Charged: Malcolm X and His Vision of Racial Justice for African Americans Through Utilization of the United Nations International Human Rights Provisions and Institutions 16 Dickinson Journal of International Law 149 (Fall 1997) We declare our right on this earth to be a man, to be a human being, to be respected as a human being, to be given the rights of human beings in this society, on this earth, in this day, which we intend to bring into existence by any means necessary. Malcolm X In 1959 the image of Malcolm X burst onto white America in a Mike Wallace television... 1997
Justice Robert L. Brown, Sheila Campbell How the Public Views Female and Black Attorneys 32-FALL Arkansas Lawyer 22 (Fall, 1997) About two years ago, Sheila Campbell and I met as co-chairs of the Committee on Opportunities for Women and Minorities to discuss projects for the year. It was Sheila's idea to conduct a public opinion poll on how women and African-American attorneys are viewed by the public at large. Does bias exist? If so, what form does it take? And who are most... 1997
Leonard M. Baynes If It's Not Just Black and White Anymore, Why Does Darkness Cast a Longer Discriminatory Shadow than Lightness? An Investigation and Analysis of the Color Hierarchy 75 Denver University Law Review 131 (1997) One of my friends is a sportswriter, a liberal white guy--very active in social causes. He told me that he was unable to interview Celtic basketball player Robert Parrish in the locker room because Parrish was so dark that it was hard for him to approach Parrish! Many scholars in the social theory and anthropological fields tell us that race is... 1997
Timothy Davis In Black and White: Race and Sports in America 15-SPG Entertainment and Sports Lawyer 12 (Spring, 1997) Professor Kenneth Shropshire's In Black and White: Race and Sports in America examines the controversial issue of racism in professional sports. The essence of In Black and White is Shropshire's contention that racism denies to African-Americans ownership and leadership opportunities in professional sports. The author analyzes the manifestations of... 1997
Noel C. Richardson Is There a Current Incarceration Crisis in the Black Community? An Analysis of the Link Between Confinement, Capital, and Racism in the United States 23 New England Journal on Criminal and Civil Confinement 183 (Winter 1997) In October 1995, the Sentencing Project released a report concluding that one of every three young black men is now under the supervision of the criminal justice system. The report followed the organization's 1990 report indicating that one in four young black men was under criminal justice supervision. The conclusions of the Sentencing Project are... 1997
E. Nathaniel Gates Justice Stillborn: Lies, Lacunae, Incommensurability, and the Judicial Role 19 Cardozo Law Review 971 (December, 1997) Whenever the LORD raised up judges for them, the LORD was with the Judge, and he delivered them from the hand of their enemies all the days of the Judge. Judges 2:18 Legal interpretive acts signal and occasion the imposition of violence upon others: A judge articulates her understanding of a text, and as a result, somebody loses his freedom, his... 1997
Chad Vella Let the Talking Begin 17 Boston College Third World Law Journal 155 (Winter, 1997) In Jews and Blacks: Let the Healing Begin, Michael Lerner and Cornel West conduct a dialogue about the relationship between Jews and Blacks, historically two of the most politically progressive groups in America. The two intellectuals discuss and debate the origins of the present rift, distrust, and resentment between these two groups. Both Cornel... 1997
Hope Lewis Lionheart Gals Facing the Dragon: the Human Rights of Inter/national Black Women in the United States 76 Oregon Law Review 567 (Fall 1997) [T]o survive in the mouth of this dragon we call America, we have had to learn this first and most vital lesson--that we were never meant to survive. --Audre Lorde By the rivers of Babylon, there we sat down, yea, we wept, when we remembered Zion . . . . For there they that carried us away captive required of us a song . . . . How shall we sing the... 1997
Angela Mae Kupenda Making Traditional Courses More Inclusive: Confessions of an African American Female Professor Who Attempted to Crash All the Barriers at Once 31 University of San Francisco Law Review 975 (Summer 1997) WE MUST DISMANTLE all barriers at once! No, go slow! These were two of the opposing cries heard during the civil rights movement. Some thought the only way to eliminate exclusiveness, based on race and gender, was to dismantle all the barriers all at once. Others thought the costs of such change too great and urged for caution and patience.... 1997
Jewel Amoah Narrative: the Road to Black Feminist Theory 12 Berkeley Women's Law Journal 84 (1997) Black feminist thought cannot challenge race, gender, and class oppression without empowering African-American women. Oppressed people resist by identifying themselves as subjects, by defining their reality, shaping their new identity, naming their history, telling their story. The practice of storytelling or Narrative is deeply rooted in African... 1997
Regina Austin Nest Eggs and Stormy Weather: Law, Culture, and Black Women's Lack of Wealth 65 University of Cincinnati Law Review 767 (Spring 1997) Nest' egg', money saved and held in reserve for emergencies, retirement, etc. Wise men say Keep something til a rainy day. Don't know why there's no sun up in the sky, Stormy weather, since my man and I ain't together, keeps rainin' all the time. Nest eggs are supposed to provide protection against a rainy day, but suppose it rains all the time? I... 1997
Kim Adair Wilson Not All Black and White: Affirmative Action and American Values 11-DEC NBA National Bar Association Magazine 34 (November/December, 1997) The color line in America has not been removed. As African Americans and whites face each other across this great divide, they are becoming more aware that realizing the dream of the color-blind society envisioned by Dr. Martin Luther King Jr. may now require focusing on coalition-building as part of a larger drive for opportunity and justice.... 1997
Andrew R. Hull Not All Black and White: Affirmative Action and American Values. By Christopher Edley, Jr. New York, Ny: Hill and Wang. 1996. Pp. 294. Hardcover. $25.00. 37 Santa Clara Law Review 579 (1997) Mend it, don't end it. Most Americans are by now familiar with President Clinton's well-publicized position on affirmative action. The phrase was only a small part of an entire speech devoted to race relations delivered by the President at the National Archives in July of 1995. But the slogan and its implications evoked intense debate among... 1997
Anne M. Coughlin Of White Slaves and Domestic Hostages 1 Buffalo Criminal Law Review 109 (1997) The system of subjection to a man has become common. During the twentieth century, Congress has promulgated two significant pieces of legislation whose purpose is to punish men who commit crimes against women. The first of these laws is the Mann Act, which was debated and enacted in the opening decade of the century, while the second law, the... 1997
Theolious Johnson Paradigms, Oxymorons and Color Blindness: Rethinking Black Entrepreneurship in the Specter of Plessy 26 Capital University Law Review 301 (1997) The role and the application of the rule of law under our system of justice underpins the statutory framework for our government, and when analyzed in context with the United States Constitution, touches every thread forming the broad and increasingly colorful fabric of our American society. As lawyers, we have a unique position within our... 1997
Deborah L. Goldklang Post-traumatic Stress Disorder and Black Rage: Clinical Validity, Criminal Responsibility 5 Virginia Journal of Social Policy and the Law 213 (Fall 1997) Following a dispute in a bar one evening in 1993, police questioned and searched Vietnam veteran José Garza Cantu, seizing a loaded .22 caliber pistol from his waistband. Cantu subsequently pled guilty to felony possession of a firearm. During the sentencing hearing, Cantu attempted to prove he suffered from reduced mental capacity which would... 1997
Risa L. Goluboff Reckoning with Race and Criminal Justice 106 Yale Law Journal 2299 (May, 1997) In 1995, one in three African-American men between the ages of twenty and twenty-nine was under the supervision of the criminal justice system. Two distinct academic fields, legal scholarship and criminology, have attempted to account for the effects of the criminal system on African Americans. While legal academics and criminologists share the... 1997
Samuel J. Levine Reflections on the Constitutional Scholarship of Charles Black: a Look Back and a Look Forward 28 Seton Hall Law Review 142 (1997) Charles L. Black Jr. has been one of the most important constitutional scholars in the United States for more than four decades. Professor Black's writings have helped shape the debate in a wide variety of constitutional areas, from racial equality and welfare rights to constitutional amendment, impeachment, and the death penalty. Starting... 1997
Joan W. Howarth Representing Black Male Innocence 1 Journal of Gender, Race and Justice 97 (Fall, 1997) Over ten years ago I looked through a short stack of five or six case summaries, choosing which convicted death row prisoner I would represent on appeal before the California Supreme Court. I picked Barry Williams, a purported Blood leader convicted of killing two Crips in 1981 and 1982 in South Central Los Angeles. Two criteria predominated;... 1997
Alan Watson Rights of Slaves and Other Owned-animals 3 Animal Law L. 1 (1997) The scope of animal rights is much broader than the vast majority of individuals believe. People spend little time considering how our legal system's treatment of animals affects society. The law, created to protect beings from harm, has time and again proven itself a stubborn, static creation. However, through the efforts of people who have... 1997
Richard Delgado Rodrigo's Fifteenth Chronicle: Racial Mixture, Latino-critical Scholarship, and the Black-white Binary 75 Texas Law Review 1181 (4/1/1997) Rodrigo, here I am, I announced, raising my voice over the din of the airport loudspeaker and voices of fellow passengers waiting at curbside. How kind of you to pick me up. No problem. Giannina's back home, reviewing for a midterm. Here, let me take that bag. Nice car, I said. Did you have it last time? No, it's new. We tried doing... 1997
Eric Miller Signifyin' Nothing?: Conversations on Race, Color, and Community 13 Harvard Blackletter Law Journal 241 (Spring, 1997) Judy Scales-Trent's book, Notes of a White Black Woman: Race, Color, Community, provides a sensitive, engaging and sophisticated contribution to the discussion of color in American society. Written in the narrative style, Scales-Trent's lucid prose, at times joyous and celebratory, at times distinctly frustrated, invites the reader to experience... 1997
Audrey E. Haroz South Africa's 1996 Choice on Termination of Pregnancy Act: Expanding Choice and International Human Rights to Black South African Women 30 Vanderbilt Journal of Transnational Law 863 (October, 1997) After more than forty years of apartheid rule and oppressive customary law, South Africa pledged to move beyond the racial and gender hostilities that plagued its past to create a democratic South Africa. In 1994, South Africa held its first fully democratic election and Nelson Mandela's African National Congress (hereinafter ANC) rose to power.... 1997
Lisa A. Crooms Speaking Partial Truths and Preserving Power: Deconstructing White Supremacy, Patriarchy, and the Rape Corroboration Rule in the Interest of Black Liberation 40 Howard Law Journal 459 (Winter 1997) I cannot write contrary to what life reveals to me. I wish to malign no one. Men are not born rapists; we are taught very subtly, often in unspoken ways, that women are ours for the taking. I want to scream it out that we should know better, those of us who have endured diaspora and genocide. I want to make us look into the mirror to see how... 1997
Mary Maxwell Thomas The African American Male: Communication Gap Converts Justice into "Just Us" System 13 Harvard Blackletter Law Journal 1 (Spring, 1997) Shocking statistics have led prominent black men, such as the Reverend Harold Bailey, founder and Executive Director of Probation Challenge, to euphemistically refer to the criminal justice system as the Just Us system in speaking to his young proteges, most of whom are black males. A 1990 study based upon Bureau of Justice statistics rocked the... 1997
Angela Anita Allen-Bell The Birth of the Crime: Driving While Black (Dwb) 25 Southern University Law Review 195 (Fall, 1997) As America grows, so do her social problems. Americans are bombarded with reports of social ills such as racism, crime, violence, failing educational institutions, governmental corruption and scandal, health epidemics, unfair business practices, and illegal drugs. Of these, the problem which weighs most heavily on the national conscience is the... 1997
Anthony Paul Farley The Black Body as Fetish Object 76 Oregon Law Review 457 (Fall 1997) I. Whiteness: Ideology Made Flesh. 461 A. Creating Whites. 461 B. Race as Pleasure. 464 C. Masking & the Colorline. 465 D. The Uses of Resistance. 467 1. Denial as Pleasure. 467 2. Race as Rape. 472 3. Rivers of Expectoration: Humiliation & Availability. 473 4. Textual Pleasure. 474 E. The Manufacture of Denial: Ideology as Seduction. 476 F. Fear... 1997
Regina Austin The Black Public Sphere and Mainstream Majoritarian Politics 50 Vanderbilt Law Review 339 (March, 1997) As a person who pays only passing attention to formal black electoral politics, let alone the Voting Rights Act and the Supreme Court's attempts to decimate it, it is a privilege and a daunting challenge to respond to Professor Karlan's Article, Loss and Redemption: Voting Rights at the Turn of a Century. At the outset, I felt inadequate to the... 1997
Juan F. Perea The Black/white Binary Paradigm of Race: the "Normal Science" of American Racial Thought 85 California Law Review 1213 (October, 1997) 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... 1997
Christine B. Hickman The Devil and the One Drop Rule: Racial Categories, African Americans, and the U.s. Census 95 Michigan Law Review 1161 (March, 1997) C1-3Table of Contents Introduction. 1163 I. Treatment of Mixed-Race People: The Early Legal Record. 1171 A. The First African Americans and the First Race Mixing. 1172 B. Mulattoes: Black by Law. 1174 C. A Study in Contrasts: Exclusion of Mulattoes from De Crevecoeur's New Race of Men'. 1180 D. The Census and the Mulatto Category, 1850-1910. 1182... 1997
Dr. Harry Edwards The End of the "Golden Age" of Black Sports Participation? 38 South Texas Law Review 1007 (October, 1997) The first principle of sport sociology is that sport inevitably recapitulates the character, structure, and dynamics of human and institutional relationships within and between societies and the ideological values and sentiments that rationalize and justify those relationships. No realm of institutionally interdependent relationships better... 1997
Chris K. Iijima The Era of We-construction: Reclaiming the Politics of Asian Pacific American Identity and Reflections on the Critique of the Black/white Paradigm 29 Columbia Human Rights Law Review 47 (Fall 1997) My six-year-old half-Asian son has just had his first Ching Chong Chinaman taunting in school. I was expecting it, but it threw me off-balance nevertheless. He said it hurt his feelings and asked me for answers. I, of course, had none. I thought about what the appropriate response was for a six-year-old whose new consciousness of racism had begun... 1997
Reggie Oh, Frank Wu The Evolution of Race in the Law: the Supreme Court Moves from Approving Internment of Japanese Americans to Disapproving Affirmative Action for African Americans, 1 Mich. J. Race & L. 165 (1996). 4 Asian Law Journal 198 (May, 1997) Authors Oh and Wu argue that the Supreme Court's recent decision in Adarand Constructors, Inc. v. Pena may permit invidious racial classification to survive constitutional challenge. The authors believe that the Court's application of strict scrutiny to affirmative action programs could allow a return to discriminatory race-based laws as earlier... 1997
Peter Margulies The Identity Question, Madeleine Albright's Past, and Me: Insights from Jewish and African American Law and Literature 17 Loyola of Los Angeles Entertainment Law Journal 595 (1997) My grandfather Severin on my father's side was always very kind to me. I remember when I was five or six years old, my father would drive us down from our apartment in the Bronx to meet grandfather on the Upper West Side of Manhattan. We used to meet in a large cafeteria on Broadway and Ninety-Sixth Street, which served jello, pie, and soup to a... 1997
Mairi N. Morrison The Knowledge/power Dilemma and the Myth of the Supermother : a Critique of the Innocent Owner Defense in Narcotics Forfeiture of the Family Home 7 Columbia Journal of Gender and Law 55 (1997) In the projects, somebody can call your mother a one-legged whore who does nasty tricks for men for five dollars and she will be the most important influential person in your childhood. She is the only one a child can depend upon for survival.But aren't all mothers everywhere the control figure in the eyes of a child? Mostly the answer is yes. But... 1997
Dorothy A. Brown The Marriage Bonus/penalty in Black and White 65 University of Cincinnati Law Review 787 (Spring 1997) A marriage penalty occurs whenever a couple pays higher federal income taxes as a result of their marriage than they would pay if they remained single and filed individual returns. A marriage bonus occurs whenever a couple pays lower federal income taxes as a result of marriage than they would pay if they remained single and filed individual... 1997
Dorothy E. Roberts ; The Meaning of Blacks' Fidelity to the Constitution 65 Fordham Law Review 1761 (3/1/1997) WHAT fidelity to the Constitution does to us depends on our experience of constitutional evil. In Agreements with Hell and Other Objects of Our Faith, Professor Balkin observes that [w]ithin our legal culture the idea of fidelity to the Constitution is seen as pretty much an unquestioned good. For many Americans, however, constitutional fidelity... 1997
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