AuthorTitleCitationSummaryYear
Floyd D. Weatherspoon Remedying Employment Discrimination Against African-american Males: Stereotypical Biases Engender a Case of Race plus Sex Discrimination 36 Washburn Law Journal 23 (Fall 1996) I. Introduction. 24 II. Stereotypical Biases Adversely Impact the Employment of African-American Males. 27 A. Why Are African-American Males Unemployed or Underemployed?. 28 B. Negative Stereotypical Biases Against African-American Males. 33 C. Impact on Employment Decisions. 37 III. Enforcement and Theories of Employment Discrimination Laws. 41 A.... 1996
Thomas E. Hanson, Jr. Rising above the Past: Affirmative Action as a Necessary Means of Raising the Black Standard of Living as Well as Self-esteem 16 Boston College Third World Law Journal 107 (Winter, 1996) An African-American friend of mine just experienced the beauty of giving birth. While at the hospital, an African-American nurse, after looking at the child and noticing her very light complexion and straight hair, remarked how lucky the child was for having a White father. Actually my friend is married to a light complected Black man who has... 1996
Vernellia R. Randall Slavery, Segregation and Racism: Trusting the Health Care System Ain't Always Easy! An African American Perspective on Bioethics 15 Saint Louis University Public Law Review 191 (1996) I am a registered nurse and a family nurse practitioner. I have a master's degree in nursing. I practiced nursing for 15 years in Alaska and Washington. I write and work in the area of health care law. I understand the health care system and the legal system . . . I am African American and trust the health care system to work in ways that... 1996
Geoffrey T. Holtz Social Security Discrimination Against African-americans: an Equal Protection Argument 48 Hastings Law Journal 105 (November, 1996) The Social Security Act (the Act) was passed in 1935 in order to alleviate the problems associated with an expanding elderly population and the difficulties such persons were encountering in trying to take care of themselves financially. As with any insurance program, Social Security was established on the assumption that more participants would... 1996
Lisa A. Crooms Stepping into the Projects : Lawmaking, Storytelling, and Practicing the Politics of Identification 1 Michigan Journal of Race and Law L. 1 (1996) In her article, The Black Community, Its Lawbreakers, and a Politics of Identification, Professor Regina Austin proposes a paradigm to move the Black community beyond a manifestation of a nostalgic longing for a time when blacks were clearly distinguishable from whites and concern about the welfare of the poor was more natural than our hairdos.... 1996
Juan F. Perea Strange Fruit : Harassment and the First Amendment 29 U.C. Davis Law Review 875 (Spring, 1996) There seems no cause for panic, though I find much cause for concern. The Supreme Court has indicated clearly that, one way or another, it will continue to find harassing speech to violate Title VII. Even in R.A.V. v. City of St. Paul, Justice Scalia writes that sexually derogatory fighting words, among other words, may produce a violation of... 1996
Roy Carleton Howell Structuring and Financing Foreign Investments: Advancement of Black American Economic Interests 21 Thurgood Marshall Law Review 275 (Spring, 1996) The American marketplace, although very wealthy, has been historically hostile to Black Americans. After all, American development was advanced through exploitation of captured African slave labor. Thus, it is understandable why institutional racism is a contemporary obstacle to those of African heritage who participate within that economy.... 1996
Jerome McCristal Culp, Jr. Telling a Black Legal Story: Privilege, Authenticity, "Blunders," and Transformation in Outsider Narratives 82 Virginia Law Review 69 (February, 1996) One of the methods that I and a number of other legal scholars have used to question the status quo in law and society is to tell stories from our autobiographies or those of our communities. Autobiography plays a valuable role in our scholarship and in our teaching. This was the central point that I developed in Autobiography and Legal Scholarship... 1996
Kenneth S. Tollett, Sr. The Case for Black Higher Education & Affirmative Action 10-FEB NBA National Bar Association Magazine 13 (January/February, 1996) Several studies and reports, which are laden with statistics, indicate a deterioration in the status and situation of many Blacks, particularly males. Virtually every social indicator for measuring the well being of individuals or groups in society is negative or shows gross gaps between Blacks and Whites. Such gaps may be found in wealth, income,... 1996
Kenneth W. Brown The Educational Crisis of African American Males 25 Journal of Law and Education 517 (Summer, 1996) Desperate times demand desperate actions. Under any socioeconomic indicator-- crime, employment, or death rate--the African-American male is facing a crisis. The solution to this crisis must start with the children. As the Supreme Court stated in the seminal case of Brown v. Board of Education, it is doubtful that any child may reasonably be... 1996
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 Michigan Journal of Race and Law 165 (1996) Over the past fifty years, the United States Supreme Court has articulated the constitutional standards for the governmental use of racial classifications by referring repeatedly to its wartime decisions on the Japanese American internment. Those decisions were understood then as being emphatically not about race, but have been understood since as... 1996
Vincene Verdun, Vernellia Randall The Hollow Piercing Scream an Ode for Black Faculty in the Tenure Canal 7 Hastings Women's Law Journal 133 (Winter, 1996) Very few notes are included with this poem since it is not intended as an expression of research or theory but of our experience. An experience that is mutually shared not only with other Black Faculty, but in many respects with Asian, Native, Hispanic and other oppressed groups. To fully appreciate our expression we encourage you to read it... 1996
Lancelot B. Hewitt, Kim Adair Wilson, Esquire, Esquire The Impact of the United States Constitution on the African American Community 10-AUG NBA National Bar Association Magazine 30 (July/August, 1996) To the African American community, the U.S. Constitution is a living document having significant meaning in our everyday lives. Although all Americans can rightfully make the claim that the U.S. Constitution has a significant meaning in their lives, this document has even greater meaning to a community whose particular history in this country... 1996
Christo Lassiter The O.j. Simpson Verdict: a Lesson in Black and White 1 Michigan Journal of Race and Law 69 (1996) Increasingly, important elements in the press are being held up to scrutiny for creating the news they wish to report. No more unfortunate example of press manipulation is manifest than the race-tinted coverage of the O.J. Simpson case, especially the reporting of the verdict. The predominant press impression conveyed on the rise before the fall of... 1996
Peter Engel The Reading Room: Antidiscrimination Is to Integration as Black Is to White 5-SPG Journal of Affordable Housing & Community Development Law 203 (Spring, 1996) The small nonprofit housing organization had finally achieved one of its goals. In its struggle to create integrated neighborhoods, it had managed to purchase a few dilapidated houses in a Chicago suburb, houses it badly wanted to sell to members of the neighborhood's minority group. In conjunction with a local Realtor, it set up an affirmative... 1996
Mary Sarah Bilder The Struggle over Immigration: Indentured Servants, Slaves, and Articles of Commerce 61 Missouri Law Review 743 (Fall 1996) A long time ago, but not too long ago, Ships came from across the sea Bringing Pilgrims and prayer-makers, Adventurers and booty seekers, Free men and indentured servants, Slave men and slave masters, all new-- To a new world, America! --Langston Hughes C1-3Table of Contents I. Introduction. 745 II. Immigrants as Indentured Servants. 751 III.... 1996
A. Leon Higginbotham, Jr. The Ten Precepts of American Slavery Jurisprudence: Chief Justice Roger Taney's Defense and Justice Thurgood Marshall's Condemnation of the Precept of Black Inferiority 17 Cardozo Law Review 1695 (May, 1996) Approximately twenty-five years ago, a group of thoughtful scholars, under the tutelage of Stanley Katz and Owen Fiss, met at the University of Chicago to discuss slavery law. Stanley Katz has previously noted that the conference generated extraordinary academic inquiries, as well as many books and articles. In this Article, I will describe briefly... 1996
Anna M. Santiago Trends in Black and Latino Segregation in the Post-fair Housing Era: Implications for Housing Policy 9 La Raza Law Journal 131 (1996) Despite the enactment of fair housing legislation during the 1960s, decades of restrictive access to communities outside of traditional minority neighborhoods have reinforced highly segregated residential patterns within U.S. metropolitan areas. Although levels of Black/Anglo segregation have declined markedly since 1968, Blacks still are highly... 1996
Judith Kelleher Schafer 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 635 (November, 1996) When Louisiana became an American possession in 1803, a primary concern of the new territorial government and its inhabitants was what kind of law would be most appropriate to provide stability and maintain order in a heterogeneous population composed of free persons of French, Spanish, and American ancestry, those of African origin, free and slave... 1996
Wendy L. Wilbanks Union Power, Soul Power: Intersections of Race, Gender and Law 26 Golden Gate University Law Review 437 (Spring, 1996) During the past thirty years, American intellectuals have become increasingly disillusioned with the labor union as an instrument of social change. This disillusionment occurs against the backdrop of a sharp decline in the unionized sector of the labor force and, more recently, mounting industrial defeats and political setbacks. Despite their... 1996
Alan Raphael United States 1995-96 Preview of United States Supreme Court Cases 220 (2/8/1996) The respondents here, all indicted on federal crack cocaine charges, are African American. They claim that the decision to prosecute them on federal rather than state drug charges is unconstitutional because federal charges are filed disproportionately against African Americans. They sought information from the federal prosecutor's office to... 1996
Dorothy E. Roberts Welfare and the Problem of Black Citizenship 105 Yale Law Journal 1563 (April, 1996) Racial politics has so dominated welfare reform efforts that it is commonplace to observe that welfare has become a code word for race. When Americans discuss welfare, many have in mind the mythical Black welfare queen or profligate teenager who becomes pregnant at taxpayers' expense to fatten her welfare check. Although most welfare recipients... 1996
Jean Montoya What's So Magic[al] about Black Women? Peremptory Challenges at the Intersection of Race and Gender 3 Michigan Journal of Gender & Law 369 (1996) This Article addresses the evolving constitutional restraints on the exercise of peremptory challenges in jury selection. Approximately ten years ago, in the landmark case of Batson v. Kentucky, the United States Supreme Court held that the Equal Protection Clause forbids prosecutors to exercise race-based peremptory challenges, at least when the... 1996
Cynthia M. Reed When Love, Comity, and Justice Conquer Borders: Ins Recognition of Same-sex Marriage 28 Columbia Human Rights Law Review 97 (Fall 1996) Imagine the Los Angeles gay pride parade in the year 2,000. During the festivities, Sarah, a resident of Arizona, meets Nima, an Iranian born woman doing graduate work in Los Angeles, and the two fall in love. After several months of long-distance dating, Nima moves to Phoenix to live with Sarah. Three years later, they decide to marry and plan a... 1996
Sheila Lloyd When Race Is Not Enough: a Review of Judy Scales-trent's Notes of a White Black Woman: Race, Color, Community 4 Circles: Buffalo Women's Journal of Law and Social Policy 37 (1996) In writing of her liminality as a black woman who looks white, Judy Scales-Trent in Notes of a White Black Woman: Race, Color, Community refers to her recurrent phantom pain--presumedly arising from her missing color or from her destabilized racial identity. This trope suggests that race and color serve as limbs that give us support and a... 1996
Steve Greenfield , Guy Osborn When the Whites Go Marching In? Racism and Resistance in English Football 6 Marquette Sports Law Journal 315 (Spring 1996) Interesting to see George Best sympathising in TV interviews about the racist abuse Cantona received. On January 12 during an Evening with George Best and Rodney Marsh at Croydon's Fairfield Halls, Best was asked about the Andy Cole sale. His reply? 7 million is a lot to pay for a nigger. The phenomenon of racism can be seen in two broad areas... 1996
Leonard M. Baynes Who Is Black Enough for You the Stories of One Black Man and His Family's Pursuit of the American Dream 11 Georgetown Immigration Law Journal 97 (Fall, 1996) Mr. Mitchell was a West Indian, and I didn't like him. I didn't like any West Indians. They couldn't talk, they were stingy and most of them were as mean as could be. I like Butch, but I didn't believe that he was a real West Indian. Many critical race scholars have discussed identity issues from their position at the intersection of race,... 1996
David B. Wilkins , G. Mitu Gulati Why Are There So Few Black Lawyers in Corporate Law Firms? An Institutional Analysis 84 California Law Review 493 (May, 1996) A. Are Blacks Underrepresented in Corporate Firms? B. Why Study Institutions and Incentives? 1. Differential Abilities 2. Lack of Interest 3. Racism 4. Preaching to the Unconverted C. Affirmative Action A. Discrimination in High-Level Jobs 1. Subjectivity and Monitoring 2. When It's Cheaper to Overpay 3. Tournament Theory 4. Efficient... 1996
Frank Adams, Jr. Why Brown V. Board of Education and Affirmative Action Can Save Historically Black Colleges and Universities 47 Alabama Law Review 481 (Winter 1996) The colleges founded for Negroes are both a source of pride to blacks who have attended them and a source of hope to black families who want the benefits of higher learning for their children. They have exercised leadership in developing educational opportunities for young blacks at all levels of instruction, and, especially in the South, they are... 1996
Erika L. Johnson A Menace to Society: the Use of Criminal Profiles and its Effects on Black Males 38 Howard Law Journal 629 (Summer 1995) In one of the most memorable scenes in the movie, Menace II Society, actor Charles S. Dutton urges the main character, Cain, a young black male, to leave the brutal conditions of the inner-city. In his final plea, Dutton tells Cain to just survive, because, [t]he hunt is on, and you are the prey! This particular line continues to ring true --... 1995
Marianne L. Engelman Lado A Question of a Question of Justice: African-american Legal Perspectives on the 1883 Civil Rights Cases 70 Chicago-Kent Law Review 1123 (1995) The colored people of the United States feel to-day as if they had been baptized in ice water, an outraged T. Thomas Fortune, editor of the New York Globe, wrote on October 20, 1883. A few days earlier, the Supreme Court had declared the first two sections of the Civil Rights Act of 1875 unconstitutional. The Civil Rights Act had guaranteed all... 1995
Russell L. Jones African American Legal Pioneers: a Biography of Vanue B. Lacour "A Social Engineer" 23 Southern University Law Review 63 (Fall 1995) A lawyer's either a social engineer or he's a parasite on society . . . . What is a social engineer? . . . A social engineer is a highly skilled, perceptive, sensitive lawyer who understands the Constitution of the United States and knows how to explore its uses in solving of problems of . . . local communities and in bettering conditions of the... 1995
Ellen D. Katz African-american Freedom in Antebellum Cumberland County, Virginia 70 Chicago-Kent Law Review 927 (1995) During the antebellum period, free African Americans living in the Southern United States were a third class in a society the legal regime had structured for two. Between the American Revolution and the Civil War, state legislatures enacted increasingly stringent legislation designed to limit the growth of the free black population and to restrict... 1995
Selwyn Carter African-american Voting Rights: an Historical Struggle 44 Emory Law Journal 859 (Summer 1995) As the nation commemorates the thirtieth anniversary of the Voting Rights Act, African-Americans in the South face new challenges to their voting rights and political representation. The proliferation of lawsuits challenging majority-black congressional districts, escalating attempts to block implementation of the motor voter law, and recent... 1995
Roy L. Brooks Analyzing Black Self-esteem in the Post-brown Era 4 Temple Political & Civil Rights Law Review 215 (Spring, 1995) Black self-esteem has always been an important subtextual issue in civil rights litigation. Plessy v. Ferguson was the first Supreme Court case to deal with the issue. Responding to a black petitioner's claim that Louisiana's statute requiring the separation of blacks and whites in railway coaches within the state stamps the [black] race with a... 1995
Paula C. Johnson At the Intersection of Injustice: Experiences of African American Women in Crime and Sentencing 4 American University Journal of Gender & the Law L. 1 (Fall 1995) Part A: What is Past is Prologue. 2 I. Introduction. 2 II. The Colonial Period. 10 III. The Status of African American Women in the Nineteenth Century. 14 A. Antebellum America. 14 B. Slave Criminality. 16 C. Postbellum America. 20 D. Crime as Resistance. 22 IV. African American Women's Experiences in Penal Institutions . 25 Part B: Images,... 1995
Shelby A.D. Moore Battered Woman Syndrome: Selling the Shadow to Support the Substance 38 Howard Law Journal 297 (Spring 1995) According to Thelma Jean Banks's testimony, on the day of the murder of her live-in partner James McDonald (nicknamed Brother), Jean and Brother, both alcoholics, spent the day drinking and arguing. During an argument, Brother struck Jean, pushed her to the ground, and attempted to cut her with a grass cutter. In response, Jean, a large African... 1995
Steven F. Miller, Susan E. O'Donovan, John C. Rodrigue, Leslie S. Rowland Between Emancipation and Enfranchisement: Law and the Political Mobilization of Black Southerners During Presidential Reconstruction, 1865-1867 70 Chicago-Kent Law Review 1059 (1995) The two years between the end of the Civil War and the advent of Radical Reconstruction witnessed a ferment of lawmaking and political agitation in the former slave states, as the war's winners and losers came to terms with the consequences of emancipation and the defeat of the Confederacy. Black Southerners, most of them newly liberated slaves,... 1995
Cynthia Kwei Yung Lee Beyond Black and White: Racializing Asian Americans in a Society Obsessed with O.j. 6 Hastings Women's Law Journal 165 (Summer 1995) The O.J. Simpson double murder trial has been called the Trial of the Century and has captured the attention of millions. The trial has raised interesting questions about the convergence of issues regarding race, class, and gender. Rather than extensively discussing these global issues, this essay will focus on one aspect of the race issue that... 1995
Regina Austin Beyond Black Demons & White Devils: Antiblack Conspiracy Theorizing & the Black Public Sphere 22 Florida State University Law Review 1021 (Spring, 1995) We live in conspiratorial times. Almost everyone has a favorite conspiracy theory or two. Even so, I suspect that, relative to other groups, black people espouse an inordinate number of conspiracy theories, most of which involve plots directed against them. Of course, black people bear more than their share of problems to theorize about and have... 1995
Roger K. Newman Black and Brown 29 University of San Francisco Law Review 635 (Spring, 1995) THE SUDDEN DEATH of Chief Justice Fred Vinson on September 8, 1953, shocked the Supreme Court. Hugo Black, the senior Associate Justice, served as Acting Chief Justice until a successor was named. In early October President Eisenhower nominated California Governor Earl Warren. Harry Truman in 1948 had said that Warren was a Democrat but did not... 1995
Daniel A. Farber Black Faces, Black Interests: the Representation of African Americans in Congress. By Carol M. Swain. Cambridge, Mass.: Harvard University Press. 1993. Pp. Xii, 275. 11 Constitutional Commentary 613 (Winter, 1994-95) For the past twenty years, the federal courts have been vigorously engaged in racial redistricting. Recently, this involvement was attacked by the only black member of the current Court. In his concurring opinion in Holder v. Hall, Justice Thomas challenged the conceptual basis for race-based reapportionment. A contrary view, represented by writers... 1995
Derrick Bell Black History and America's Future 29 Valparaiso University Law Review 1179 (Summer, 1995) A few years ago, I published a story, The Space Traders, that attempted to use an allegorical drama to illustrate what I view as the constant at risk status of black people in a society that now, as throughout the nation's history, has been willing to sacrifice black rights, black interests, and even black lives to enhance the status, further the... 1995
John A. Powell Black Immersion Schools 21 New York University Review of Law and Social Change 669 (1994-1995) Introduction. 670 I. Educational Goals and the Crisis Facing Black Children. 672 II. The Societal Context of Immersions Schools. 673 A. Segregation in the Community. 673 B. Segregation in the Schools. 678 III. The Reality of Immersion Schools. 680 A. Immersion Schools. 680 B. A Hypothetical Immersion School. 680 C. Curriculum. 681 D. Special Needs.... 1995
Jerome M. Culp, Jr. Black People in White Face: Assimilation, Culture, and the Brown Case 36 William and Mary Law Review 665 (January, 1995) It is difficult to criticize a case that no longer stands for a legal point, becoming instead a central part of the social mythology of the country. Brown v. Board of Education has, from the beginning, been more than just a law suit. In recent years, Brown's legal foundation-or at least what people interpret to be its core rationale-is one of the... 1995
Judd F. Sneirson Black Rage and the Criminal Law: a Principled Approach to a Polarized Debate 143 University of Pennsylvania Law Review 2251 (6/1/1995) Tragedy struck the Long Island Railroad on December 7, 1993, as the 5:33 to Hicksville left the New York City limits. Methodically, as if collecting train tickets, Colin Ferguson passed down the aisle of the third car of the train, steadily shooting to his right and then to his left, until he emptied two fifteen-bullet clips into twenty-five... 1995
Kimberly M. Copp Black Rage: the Illegitimacy of a Criminal Defense 29 John Marshall Law Review 205 (Fall 1995) In an era of rising violence, citizens are demanding increased police protection, maximum mandatory sentencing laws and stricter gun regulations. In light of this increased fear of violence, it is ironic that more and more juries are accepting sympathy pleas or abuse excuses from criminal defendants accused of violent crimes. It is the defense... 1995
Adrien Katherine Wing , Eunice P. de Carvalho Black South African Women: Toward Equal Rights 8 Harvard Human Rights Journal 57 (Spring, 1995) Similar consideration must attach to the equally important question of the emancipation of the women of our country. It is vitally important that all structures of government, including the president himself, should understand this fully, that freedom cannot be achieved unless the women have been emancipated from all forms of oppression. On... 1995
Lucretia P. Murphy Black Women: Organizing to Lift…to Climb…to Rise 4 Texas Journal of Women and the Law 267 (Summer, 1995) The colored woman of today occupies, one might say, a unique position in this country. [S]he is confronted by a woman question and a race problem, and is as yet an unknown or unacknowledged factor in both. I don't understand how you can see me as only parts of you, except that I let you. The first time that I recognized the implication of my... 1995
W. Fitzhugh Brundage, Queen's University Christopher Waldrep, Night Riders: Defending Community in the Black Patch, 1890-1915. Durham, N.c.: Duke University Press, 1994. Xii, 264 Pp. $45.00 (Cloth). $16.95 (Paper). 39 American Journal of Legal History 106 (January, 1995) Night Riders is the work of a talented historian and skilled researcher. In unusually crisp prose, Waldrep traces the declining fortunes of tobacco farmers in the Black Patch of western Kentucky and Tennessee at the turn of the twentieth century. Running through the book is the theme of community and loyalty to it. As the shock waves of changes in... 1995
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