AuthorTitleCitationSummaryYear
Elissa Krauss , Martha Schulman The Myth of Black Juror Nullification: Racism Dressed up in Jurisprudential Clothing 7 Cornell Journal of Law & Public Policy 57 (Fall 1997) In recent years, African-American (and other minority) jurors have regularly been accused of judging cases on preconceived race-based notions about justice rather than on the evidence. Anecdotal accounts of a handful of allegedly race-based acquittals are bolstered by statistics claiming to show higher rates of acquittal and hung juries in... 1997
Dorothy E. Roberts The Nature of Blacks' Skepticism about Genetic Testing 27 Seton Hall Law Review 971 (1997) Professor C. Leonard Huskins taught a genetics course at McGill University during the 1930s with Arthur Steinberg. One day Huskins explained to the class why he had a keener interest in eugenics than Steinberg: Because Dr. Steinberg is a Jew, he believes that genetics has relatively little to do with intelligence and character . . . . Because I'm... 1997
Joseph R. Palmore The Not-so-strange Career of Interstate Jim Crow: Race, Transportation, and the Dormant Commerce Clause, 1878-1946 83 Virginia Law Review 1773 (November, 1997) The American South's drive toward legislated transportation segregation in the 1880s and 1890s created a potential conflict between two deeply rooted constitutional values: the expansive authority of the states to enact police measures for their own citizens' comfort and the federal government's exclusive power over interstate commerce. In an age... 1997
R. Richard Banks The Political Economy of Racial Discourse 9 Yale Journal of Law & the Humanities 217 (Winter 1997) Much of contemporary legal scholarship expresses a narrative impulse. Eschewing the traditional norms and forms of legal scholarship, many professors have turned to storytelling to capture issues not easily elucidated through more conventional approaches. Although the narrative approach has recently come to prominence through the writings of... 1997
John P. Frank The Shelf Life of Justice Hugo L. Black 1997 Wisconsin Law Review Rev. 1 (1997) Last month was the twenty-fifth anniversary of the retirement and death of Supreme Court Justice Hugo L. Black. Probably any scorekeeper of such things would rate him as one of the ten foremost justices in the history of the Supreme Court. As a senator from Alabama from 1927 to 1937 and a justice of the Court from 1937 until 1971, he was a major... 1997
Terry Carter Too Politcally Correct? 83-DEC ABA Journal 32 (December, 1997) The limousine driver regularly shuttles guests to a particularly rowdy television talk show, and on the way to promote his book Paul Harris asks the driver's advice. It's simple, he's told: Keep your sense of humor. An hour later, his book is being shot at rather than plugged. But then, the show Politically Incorrect offers intellectual debate... 1997
Angela Mae Kupenda Two Parents Are Better than None: Whether Two Single, African American Adults-who Are Not in a Traditional Marriage or a Romantic or Sexual Relationship with Each Other-should Be Allowed to Jointly Adopt and Co-parent African American Children 35 University of Louisville Journal of Family Law 703 (Fall 1996-1997) This article proposes an additional adoption model to allow joint adoption and co-parenting by single African Americans who are not in a traditional marriage relationship with each other and not in a romantic or sexual relationship with each other. Under this model, for example, two friends, two sisters, two brothers, a sister and a brother, etc.,... 1997
Dorothy E. Roberts Unshackling Black Motherhood 95 Michigan Law Review 938 (February, 1997) When stories about the prosecutions of women for using drugs during pregnancy first appeared in newspapers in 1989, I immediately suspected that most of the defendants were Black women. Charging someone with a crime for giving birth to a baby seemed to fit into the legacy of devaluing Black mothers. I was so sure of this intuition that I embarked... 1997
Deborah C. Malamud Values, Symbols, and Facts in the Affirmative Action Debate 95 Michigan Law Review 1668 (May, 1997) Every year at Passover, Jews gather around festively clad tables for a ritual meal--the seder--to remember and to celebrate the liberation of the Jews from slavery in Egypt thousands of years ago. The liturgical script for the seder, the haggadah (roughly translatable as the telling), aims to bring the youngest generation of contemporary Jews... 1997
Leonard M. Baynes Who Is Black Enough for You? An Analysis of Northwestern University Law School's Struggle over Minority Faculty Hiring 2 Michigan Journal of Race and Law 205 (Spring 1997) Prevalent constructions of race and identity have oversimplified complex issues about how people of color identify themselves and are identified by others. Identifying people of color in absolute and essential terms only compounds this problem. In 1994, Northwestern Law School decided not to hire Maria O'Brien Hylton, a female professor of color... 1997
David A. Harris Whren V. United States: Pretextual Traffic Stops and 'Driving While Black' 21-MAR Champion 41 (March, 1997) On the surface, Whren v. United States, decided by the United States Supreme Court last June, seems to present only a technical issue. The case centers on pretextual traffic stops. The police practice of stopping motorists for traffic violations as a pretext for searching for evidence of other crimes. A unanimous decision, Whren has attracted... 1997
Justin P. Brooks Will Boys Just Be Boyz N the Hood?--african-american Directors Portray a Crumbling Justice System in Urban America 22 Oklahoma City University Law Review 1 (Spring 1997) In the 1990s several African-American directors have explored issues of urban justice through stories of children growing up in urban America. Films such as Boyz N the Hood have brought vivid images of disenfranchised and violent neighborhoods and the obstacles involved in growing up in these neighborhoods. These films question whether the criminal... 1997
Beverly I. Moran, William Whitford A Black Critique of the Internal Revenue Code 1996 Wisconsin Law Review 751 (1996) This article raises the question of whether the Internal Revenue Code systematically favors whites over blacks. In recent years a small number of scholars in the legal academy have become known as critical race theorists. One main thrust of critical race theory is a belief that racial subordination is everywhere, a structural aspect of all parts of... 1996
Nancy K. Plant Adequate Well-controlled Clinical Trials: Reopening the Black Box 1-SPG Widener Law Symposium Journal 267 (Spring, 1996) Professor David M. Frankford, in his article Food Allergy and the Health Care Financing Administration: A Story of Rage, describes actions taken by the traditional medical allergy community, the Health Care Financing Administration and, to some extent, the Food and Drug Administration (FDA) in determining the reasonable and necessary treatments... 1996
Timothy Davis African-american Student-athletes: Marginalizing the Ncaa Regulatory Structure? 6 Marquette Sports Law Journal 199 (Spring 1996) The regulatory scheme of the National Collegiate Athletic Association (NCAA) has been criticized for failing to comport with the present day realities that propel intercollegiate athletics. In addition, key values--amateurism and educational primacy--that underlie the rules and regulations that are central to the NCAA's regulatory structure have... 1996
Captain Stephanie L. Stephens Assault at West Point the Court-martial of Johnson Whittaker 153 Military Law Review 293 (Summer, 1996) The American Civil War ended in 1865. Fifteen years later, Johnson Chestnut Whittaker was the only black cadet at West Point. On the morning of 6 April 1880, however, he gained distinction for another reason. Cadet Whittaker was absent from the 0600 cadet reveille formation. The Cadet Officer of the Day, George R. Burnett, went to look for... 1996
Andrea L. Dennis Because I Am Black, Because I Am Woman: Remedying the Sexual Harassment Experience of Black Women 1996 Annual Survey of American Law 555 (1996) Rap-rap. Rap-rap. There is a light knock on your new office door, the nameplate of which reads Erika Childress, Esq. Here goes, you think, the first potential client of my own law firm! I hope it's an interesting case. I hope she can pay. Come in, you respond. A young, Black woman in her mid-twenties pokes her head in the door. Yes, come... 1996
Angela J. Davis Benign Neglect of Racism in the Criminal Justice System 94 Michigan Law Review 1660 (May, 1996) In October 1995, two black male teenagers were shopping in a clothing store in Prince George's County, Maryland. A white security guard, who was also an off-duty police officer, approached one of the teens and questioned him about the shirt that he was wearing. The youth explained that he had bought the shirt in that same store the previous week.... 1996
Barbara Fedders Beyond Black and White. By Manning Marable. London: Verso, 1995. Pp. Xviii, 236. $24.95. 22 New York University Review of Law and Social Change 726 (1996) A little over two years ago, Action for Community Empowerment (ACE), an organization of low-income tenants based in Central Harlem, convened a forum to address the conditions facing people of color in urban America--unemployment, poor housing, police brutality. Its secondary purpose was to raise money for ACE, a grass-roots organization with a... 1996
Vicki Quade Black Power/white Law: the Author of a New Book Chronicles One Man's Struggle for Freedom 23-FALL Human Rights Rts. 8 (Fall, 1996) Lori Andrews first met Johnny Spain in 1989. Seven years later, she has chronicled his life in a riveting new book, Black Power, White Blood. It is a story about the life and times of a biracial man who found salvation in the Black Power movement and then was rescued from a life behind bars by a team of lawyers who dedicated themselves to freeing... 1996
Xi Wang Black Suffrage and the Redefinition of American Freedom, 1860-1870 17 Cardozo Law Review 2153 (May, 1996) One of the most important outcomes of the Civil War was the establishment of a new constitutional order. Under this new order, African Americans, a people whose essential human rights had been denied under the old constitutional order, were constitutionally emancipated from slavery and recognized as American citizens. They received the privileges... 1996
Celina Romany Black Women and Gender Equality in a New South Africa: Human Rights Law and the Intersection of Race and Gender 21 Brooklyn Journal of International Law 857 (1996) For decades institutionalized racism has been applied by the apartheid state to effect the most brutal forms of social engineering known to humanity. Need I remind anyone . . . that millions of black women remain illiterate in the age of advanced education and technology? That black women, in thousands, occupy the lowest ranks in employment? That... 1996
Alfred Dennis Mathewson Black Women, Gender Equity and the Function at the Junction 6 Marquette Sports Law Journal 239 (Spring 1996) After teaching sports law for several years, I am struck that few people can articulate a coherent general thesis of what gender equity means or a clear vision of what the athletic picture will look like when it has been attained. The law of gender equity, however, is not so difficult to find. The Equal Protection Clause of the Fourteenth... 1996
Edna Wells Handy Blacks, the Bell Curve & the Bar Exam 10-APR NBA National Bar Association Magazine 24 (March/April, 1996) While in law school, we used to hear a story of a professor at an Ivy League law school who, at orientation for first year students, would instruct students to look at the student to the left and then to the one on the right. One of the three of you, he warned, will not be here for graduation. Today, that story is rarely heard, but not because... 1996
Hon. Julian A. Cook, Jr. , Mark S. Kende Color-blindness in the Rehnquist Court: Comparing the Court's Treatment of Discrimination Claims by a Black Death Row Inmate and White Voting Rights Plaintiffs 13 Thomas M. Cooley Law Review 815 (Michaelmas Term 1996) In Shaw v. Reno, Justice O'Connor said that North Carolina's disproportionately drawn congressional district lines, designed to overcome years of discrimination against blacks, looked like political apartheid and could violate the Equal Protection Clause of the Constitution. Her statement created an uproar. The Shaw plaintiffs were white. Six... 1996
Thomas D. Morris Comment on Judith Schafer's"under the Present Mode of Trial, Improper Verdicts Are Very Often Given": Criminal Procedure in the Trials of Slaves in Antebellum Louisiana 18 Cardozo Law Review 689 (November, 1996) Professor Schafer's study of the procedures and trials of slavery in antebellum Louisiana provides a superb foundation for an understanding of the criminal law of slavery. It is an understanding that we have long missed. This is particularly true in terms of the trials in the special slave courts (especially the trials of serious crimes in the... 1996
Raymond T. Diamond Condemned by Substance and Process: a Comment on "Doubly Condemned": Adjustments to the Crime and Punishment Regime in the Late Slavery Period in the British Caribbean Colonies and "Under the Present Mode of Trial, Improper Verdicts Are Very Often Given": 18 Cardozo Law Review 753 (November, 1996) The substance of modern criminal law and the procedures through which that law is enforced are a subject of current debate. On the one hand, some call into question the use of criminal sanctions as a means of enforcing schemes of regulation meant to guarantee public welfare. By the same token, violent crime and crime that is otherwise malum in se... 1996
William D. Green Critical Mass Is Fifteen Colored's! De Facto & De Jure Policies of Racial Isolation in St. Paul's Schools and Housing Patterns During the 19th Century, and Beyond 17 Hamline Journal of Public Law and Policy 299 (Spring, 1996) For ten years, during the period when America was embroiled in the Civil War, St. Paulthe capital of one of the most liberal states in the Unionpersistently embarked on a policy that segregated black children from white children. It was a policy that reflected the times when northern blacks lived a paradoxical existence of being tolerated by... 1996
Henry J. Reske Critics Claiming Race Affects Verdicts 82-JAN ABA Journal 26 (January, 1996) In the wake of the O.J. Simpson trial a lot of people involved in the judicial system are asking whether, and to what extent, race matters on a jury. They are finding that there are no simple answers. Walter Berns of the American Enterprise Institute, a conservative group in Washington, D.C., cites a number of examples of juries that were chosen... 1996
Elaine R. Jones District Court Denies African American Students a Voice 10-JUN NBA National Bar Association Magazine 9 (May/June, 1996) The following statement was released by LDF Director-Counsel Elaine R. Jones in response to the recent ruling by the U.S Court of Appeals for the Fifth Circuit in Hopwood v. Texas. In 1950, LDF's first Director-Counsel, Thurgood Marshall, argued the case of Sweatt v. Painter in the United States Supreme Court, successfully challenging the exclusion... 1996
Julian Abele Cook, Jr. Dream Makers: Black Judges on Justice 94 Michigan Law Review 1479 (May, 1996) Herein the longing of black men [and women] must have respect: the rich and bitter depth of their experience, the unknown treasures of their inner life, the strange rendings of nature they have seen, may give the world new points of view and make their loving, living, and doing precious to all human hearts. And to themselves in these the days that... 1996
Frank H. Wu From Black to White and Back Again 3 Asian Law Journal 185 (May, 1996) Ian Fidencio Haney Lopez has written a great book. White By Law: The Legal Construction of Race deserves the highest praise that his colleagues in the academy can give a scholarly study: sympathetic readers and reviewers may be prompted to say, I wish I'd written that. Haney Lopez's book is perhaps one of the finest works yet produced by the... 1996
Donald G. Nieman From Slaves to Citizens: African-americans, Rights Consciousness, and Reconstruction 17 Cardozo Law Review 2115 (May, 1996) Addressing a racially mixed jury selected to try Ku Klux Klansmen in federal circuit court in Columbia, South Carolina in 1871, United States Attorney Daniel T. Corbin highlighted the dramatic changes that the previous decade had witnessed. Gentlemen, he remarked, we have lived over a century in the last ten years. Corbin did not exaggerate.... 1996
Martha Chamallas, Peter M. Shane Gregory Howard Williams, Life on the Color Line: the True Story of a White Boy Who Discovered He Was Black. New York: Dutton, 1995. Pp. Xiv + 285. 46 Journal of Legal Education 121 (March, 1996) In 1954, at the age of ten, Greg Williams took an unforgettable journey to Muncie, Indiana. Until that time, Greg and his younger brother Mike had lived in Virginia as white children. Their mother was white, and their father (then called Tony, later Buster) told everyone that he was Italian. But when the marriage broke up and Tony's financial... 1996
Charles F. Wilkinson Home Dance, the Hopi, and Black Mesa Coal: Conquest and Endurance in the American Southwest 1996 Brigham Young University Law Review 449 (1996) This is a story, a true one, about the Hopi and Black Mesa. The fact that it is a story reflects my conviction, gained during my time spent in the law, that we too often study law in isolation. In fact, law is a derivative discipline. Law is organic--germinating from the loam of society and the land itself. We need to study and understand both... 1996
Kevin Brown Hopwood: Was this the African-american Nightmare or the African-american Dream? 2 Texas Forum on Civil Liberties & Civil Rights 97 (Summer 1996) History is replete with situations and circumstances in which happenstance and coincidence combine to produce a fundamental change in the given direction of an entire society. With regard to race relations, America has certainly experienced a number of crucial moments in its history. Moments where the sudden invasion of one particular body by an... 1996
Mary Coombs Interrogating Identity 11 Berkeley Women's Law Journal 222 (1996) A few years ago, I would have described myself as a white Jewish heterosexual female. Today, I'm considerably less sure, because both my self-understanding and my sense of the meaning and significance of those very categories has changed. Judy Scales-Trent's book, Notes of a White Black Woman, provides a marvelous vehicle for exploring the process... 1996
James F. Simon Judging the Justices 49 Stanford Law Review 173 (November, 1996) In this review essay, Professor James F. Simon examines two biographies-- Roger K. Newman's Hugo Black: A Biography and John C. Jeffries Jr.'s Justice Lewis F. Powell, Jr. While Professor Simon praises the biographies for their meticulous research and comprehensive studies of the Justices, he finds that both authors' high claims for the... 1996
Paul Finkelman Legal Ethics and Fugitive Slaves: the Anthony Burns Case, Judge Loring, and Abolitionist Attorneys 17 Cardozo Law Review 1793 (May, 1996) Judges and lawyers seek to enforce and uphold the law while also proclaiming an interest in an abstraction we call justice. As we know, there is often a tension between the two. Consequently, serving the law often means not serving justice. Similarly, often a tension exists between a lawyer's duty both to seek a legal remedy to a problem and to... 1996
James U. Blacksher Majority Black Districts, Kiryas Joel, and Other Challenges to American Nationalism 26 Cumberland Law Review 407 (1995-1996) Incoherence plagues recent Supreme Court decisions striking down state legislatures' attempts to draw political boundaries requested by representatives of both African Americans and Hasidic Jews seeking fuller access to democratic self-government. In Shaw v. Reno the Court initially seemed upset about bizarrely shaped majority black congressional... 1996
Barbara Jordan Making It--losing it 5 Texas Journal of Women and the Law 217 (Spring, 1996) I want to ask the rhetorical question, are we somehow losing our valuesour black family valuesin our eagerness to become part of the so-called emerging Black middle class? Recently among the deluge of Watergate post-game analyses with everybody and their second cousin writing impeachment prognostications, there were some headlines and a cover... 1996
U. Lawrence Boze Meeting the Demands of the 21st Century African American 10-OCT NBA National Bar Association Magazine 1 (September/October, 1996) A few weeks have passed since the National Bar Association's 71st Annual Convention in Chicago, Illinois, and I have utilized this time to crystallize my vision of the role of the African American lawyer in the 21st Century. Like many of you, I have come to the conclusion that African American lawyers in general, and the National Bar Association in... 1996
Kenneth L. Shropshire Merit, Ol' Boy Networks, and the Black-bottomed Pyramid 47 Hastings Law Journal 455 (January, 1996) They've [blacks] got everything. If they take over coaching like everybody wants them to, there's not going to be anything left for white people. -- Former CBS broadcaster Jimmy the Greek Snyder We [white people] decide when, how many and which ones. -- Sociologist Andrew Hacker regarding the hiring of African-Americans in top-level positions in... 1996
R. Richard Banks Nondiscriminatory Perpetuation of Racial Subordination 76 Boston University Law Review 669 (October, 1996) Colorblindness is currently the fundamental principle of equal protection jurisprudence as it pertains to race. As a constitutional principle, colorblindness mandates that the state not allocate burdens or benefits on the basis of race. I contend that both the legal and political arguments for a colorblind state turn in part on its perceived... 1996
Patricia J. Falk Novel Theories of Criminal Defense Based upon the Toxicity of the Social Environment: Urban Psychosis, Television Intoxication, and Black Rage 74 North Carolina Law Review 731 (March, 1996) Criminal defendants increasingly claim that their criminal behavior was caused by social toxins that excuse or mitigate their guilt. In this Article, Professor Falk demonstrates that these claims are not aberrational doctrinal proposals, but rather are sophisticated extensions of existing criminal doctrine commensurate with scientific advancements.... 1996
Russell D. Garrett Oregon's First Black Lawyer 56-JUN Oregon State Bar Bulletin 41 (June, 1996) McCants Stewart was raised with the first generation of black Americans after the abolition of slavery. In these tremendously race-conscious times, McCants Stewart did his utmost to help the first post-slave generation get a start. Black Americans were moving from the South to the North. It was the time of Jim Crow laws and a time of extreme racial... 1996
Robert J. Cottrol Outlawing Outcasts: Comparative Perspectives on the Differing Functions of the Criminal Law of Slavery in the Americas 18 Cardozo Law Review 717 (November, 1996) This is a commentary on some issues raised by Anthony De V. Phillips's Doubly Condemned: Adjustments to the Crime and Punishment Regime in the Late Slavery Period in the British Caribbean Colonies and Judith K. Schafer's Under the Present Mode of Trial, Improper Verdicts are Very Often Given: Criminal Procedure Trials of Slaves in Antebellum... 1996
Reginald Leamon Robinson Race, Myth and Narrative in the Social Construction of the Black Self 40 Howard Law Journal L.J. 1 (Fall 1996) I. Introduction. 3 II. What's In A Voice of Color?: Experiences By Any Other Name Would Still Be Oppression. 21 A. Voice of Color: Experience of the Institutionally Silenced, Socially Marginalized, and Legally Oppressed. 21 B. Critiquing the Voice of Color and Narrative Methodology. 48 III. Race, Myth, and Narrative in the Origins of Traditional... 1996
Robert J. Kaczorowski Reflections on "From Slaves to Citizens" 17 Cardozo Law Review 2141 (May, 1996) The thesis of Professor Donald Nieman's paper, From Slaves to Citizens: African-Americans, Rights Consciousness, and Reconstruction, is that the nation experienced a revolution in the United States Constitution and in the consciousness of African-Americans. According to Professor Nieman, the Reconstruction Amendments represented a dramatic... 1996
Alvin W. Thompson Remarks to the National Black Law Students Association 18 Western New England Law Review 373 (1996) It is both a pleasure and an honor for me to have this opportunity to address you today as part of your 28th Annual Regional Convention. Thank you for inviting me. I find the theme of your convention, 100 Years After Plessy: No Longer Separate But Still Unequal, to be a thought-provoking one, and I have enjoyed the process of mulling over the... 1996
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