AuthorTitleCitationSummaryYear
Jerome Mccristal Culp, Jr. An Open Letter from One Black Scholar to Justice Ruth Bader Ginsburg: Or, How Not to Become Justice Sandra Day O'connor 1 Duke Journal of Gender Law & Policy 21 (1994) I am writing to you to begin a more effective public discussion on race. I do so in this form as a way to challenge you to think more carefully about racial issues than your colleagues have in their time on the bench. The efforts of the current Justices can, in the main, be characterized as see no evil, hear no evil, and evil. I believe there is a... 1994
Mark Curriden Bar Scholarships for Blacks Cause Stir 80-FEB ABA Journal 34 (February, 1994) The Florida Bar is catching a lot of heat from its members for its decision to provide scholarships to black law graduates for private bar exam preparatory courses. The program took effect last month, with seven graduates receiving tuition for January bar review courses. In April, the bar will evaluate applicants for May courses, with the aim of... 1994
Christopher Waldrep Black Access to Law in Reconstruction: the Case of Warren County, Mississippi 70 Chicago-Kent Law Review 583 (1994) After the Civil War many understood that real freedom for ex-slaves would have numerous meanings, but it must certainly include the liberty to use state and federal courts, a right circumscribed during slavery. In a truly free society, African Americans would feel as free as whites to bring their disputes into formal settings for resolution and... 1994
Kim Forde-Mazrui Black Identity and Child Placement: the Best Interests of Black and Biracial Children 92 Michigan Law Review 925 (February, 1994) Transracial adoption increased sharply in the 1950s and 1960s. Many factors converged to cause this increase, including a rise in the number of children in the placement system and an insufficient number of minority homes in which to place minority children. Beginning in 1972, however, transracial adoptions were drastically curtailed in favor of... 1994
Joshua E. Kimerling Black Male Academies: Re-examining the Strategy of Integration 42 Buffalo Law Review 829 (Fall, 1994) As a result of persistent educational achievement disparities between black and white American students, and particularly in response to the current educational plight of black American males, educators are proposing and implementing various novel remedial measures. One of the more prominent, but controversial, of these measures is thecreation of... 1994
Richard A. Epstein Caste and the Civil Rights Laws: from Jim Crow to Same-sex Marriages 92 Michigan Law Review 2456 (August, 1994) The battle over civil rights law has been waged on many different fronts at the same time. Historically, the emphasis has been on the manifest injustices that dominant groups have inflicted on other groups with less political power. Economically, the dispute has been over whether civil rights legislation will increase or reduce overall levels of... 1994
S. David Friedman College Desegregation: Toward Abandoning the Integrative Ideal to Save Publicly Funded Black Institutions of Higher Education 11 New York Law School Journal of Human Rights 339 (Spring, 1994) In its landmark decision in Brown v. Board of Education, the United States Supreme Court held that the separate but equal doctrine, established and maintained by its prior decision in Plessy v. Ferguson, was inapplicable within the realm of public education. Reasoning that purposeful segregation inherently denies equal educational opportunities... 1994
John S. Heywood, James H. Peoples, University of Wisconsin--Milwaukee, University of Wisconsin--Milwaukee Deregulation and the Prevalence of Black Truck Drivers 37 Journal of Law & Economics 133 (April, 1994) Despite the relatively low human capital requirements needed to drive a truck, racial minorities, and blacks in particular, have historically been underrepresented among the ranks of truck drivers and owners. Richard Leone estimated that blacks were but 2.4 percent of the total number of over-the-road truckers, and in federal testimony the director... 1994
Alfreda A. Sellers-Diamond Disposable Children in Black Faces: the Violence Initative as Inner-city Containment Policy 62 UMKC Law Review 423 (Spring, 1994) I. Introduction II. Equal Protection and the Importance of Intent III. Planned Obsolescence: The Violence Initiative and Disposable Black Children IV. Historical Context A. Images of Inferiority in the National Psyche B. Images of Sex and Subjugation in the National Psyche C. The Persistence of Inferior Image V. Planned Obsolescence: Disposing of... 1994
Gregory A. Richards, Jr. Election Law 23 Stetson Law Review 556 (Spring, 1994) A congressional district reapportionment plan, even though designed to counteract the effects of past racial discrimination, is subject to an equal protection analysis where the plan can rationally be understood only as an effort to segregate voters into separate districts based on race, without regard for traditional districting principles and... 1994
Alice E. Harvey Ex-felon Disenfranchisement and its Influence on the Black Vote: the Need for a Second Look 142 University of Pennsylvania Law Review 1145 (January, 1994) The right to vote freely for the candidate of one's choice is of the essence of a democratic society, and any restrictions on that right strike at the heart of representative government. In the United States, the right to vote is regarded as an essential element of liberty, freedom, and self-expression. The ability to exercise the franchise lies at... 1994
Victor Williams Extremist Threats to Fragile Democracies: a Proposal for an East European Marshall Plan 15 Michigan Journal of International Law 863 (Spring, 1994) [I]t is by restoring the economic life of a country, and by this alone, that we can meet the threat of dictatorship from a Fascist Right or a Communist Left. In this vast struggle which is raging throughout the world for the minds and loyalties of men, the weakness of the foreign policies of the democracies lies in the fact that such policy is... 1994
David A. Harris Factors for Reasonable Suspicion: When Black and Poor Means Stopped and Frisked 69 Indiana Law Journal 659 (Summer, 1994) In 1992, the release of the song Cop Killer by the rap musician Ice-T ignited a nationwide protest. The song, an imagined response to police mistreatment of African Americans, incensed law enforcement groups with lyrics such as I'm 'bout to bust some shots off, I'm 'bout to dust some cops off'' and die, pig, die. A boycott of Time-Warner, Inc.,... 1994
Dorothy A. Brown Faith or Foolishness 11 Harvard BlackLetter Law Journal 169 (Spring, 1994) Black people will never gain full equality in this country. Even those herculean efforts we hail as successful will produce no more than temporary peaks of progress, short-lived victories that slide into irrelevance as racial patterns adapt in ways that maintain white dominance. This is a hard-to-accept fact that all history verifies. --Derrick... 1994
Nels Jacobson Faith, Hope & Parody: Campbell V. Acuff-rose, 'Oh, Pretty Woman,' and Parodists' Rights 31 Houston Law Review 955 (Fall 1994) I. Introduction. 956 II. Background: It's Like a Jungle Sometimes. 960 A. Parody. 960 B. Rap Music and African-American Culture. 965 III. Facts of the Case: Be Mine Tonight. 973 A. Roy Orbison. 973 B. Acuff-Rose. 975 C. Luther Campbell. 977 D. Oh, Pretty Woman. 979 IV. The Sixth Circuit Holding: Girl You Know You Ain't Right. 982 A. District Court.... 1994
Howard Ball , Phillip Cooper Fighting Justices: Hugo L. Black and William O. Douglas and Supreme Court Conflict 38 American Journal of Legal History 1 (January, 1994) The United States Supreme Court is an often noisy storm center, one of the most powerful and tumultuous locales of conflict and discord in American politics. The battles are not quiet and are not simply waged by litigants but also frequently within the Court among the Justices. Behind the marble facade, the justices compete for influence; the... 1994
Nathaniel R. Jones For Black Males and American Society--the Unbalanced Scales of Justice: a Costly Disconnect 23 Capital University Law Review Rev. 1 (1994) The disproportionate number of black males in the criminal justice system continues to stir the debate regarding the societal implications of this phenomenon. Fueling and heating the debate is the nation's preoccupation with crime and its proposed remedies. We must not, however, consider this subject in a vacuum. To make an informed contribution to... 1994
Lundy Langston Force African-american Fathers to Parent Their Delinquent Sons--a Factor to Be Considered at the Dispositional Stage 4 Columbia Journal of Gender and Law 173 (1994) Listen to the lambs, all are crying. --Afro-American hymn What species can survive and function when a substantial segment of its young male population is harnessed by the burdens of substance abuse, unemployment, and incarceration? Empirical data suggests that these maladies have infected African-American males at a rate alarmingly... 1994
Kimberle Williams Crenshaw Foreword: Toward a Race-conscious Pedagogy in Legal Education 4 Southern California Review of Law and Women's Studies 33 (Fall 1994) It is both an honor and a pleasure to write the Foreword for this issue of the National Black Law Journal . This project represents the culmination of a joint effort involving the NBLJ, Dean Susan Westerberg Prager and me. The project grew out of discussions that began in the Spring of 1987 in which we explored various ways that the law school... 1994
Jerome G. Miller From Social Safety Net to Dragnet: African American Males in the Criminal Justice System 51 Washington and Lee Law Review 479 (Spring, 1994) During the 1980s and 1990s, in the midst of two decades of social neglect, America's white majority presented its inner cities with an expensive gift--a new and improved criminal justice system. This new and improved system would, the government promised, bring domestic tranquility--with particular relevance to African Americans. No expense was... 1994
Sharon Elizabeth Rush If Black Is So Special, Then Why Isn't it in the Rainbow? 26 Connecticut Law Review 1195 (Summer, 1994) My daughter was only three years old when she asked this question as I was tucking her into bed one night last year. As soon as I heard it, I felt a little sick to my stomach, thinking, What a question, and wondering how I was going to respond to it in a way that affirmed her as a biracial child whose biological father is African-American and... 1994
Bill Ong Hing Immigration Policies: Messages of Exclusion to African Americans 37 Howard Law Journal 237 (Winter, 1994) To many African Americans, the Coast Guard's interdiction and forced reversal of boats carrying Haitian refugees is a racist act directed at people of African descent. Until recently, this perception of racism in the application of U.S. immigration policies was reinforced by the contrasting news of planeloads and boatloads of Cuban refugees being... 1994
J. Clay Smith, Jr. Justice and Jurisprudence and the Black Lawyer 69 Notre Dame Law Review 1077 (1994) In 1841, three years before the first African American lawyer was admitted to the bar in the United States, Ralph Waldo Emerson asked: What is a man born for but to be a Reformer, a Re-maker of what man has made; a renouncer of lies; a restorer of truth and good, imitating that great Nature which embosoms us all, and which sleeps no moment on an... 1994
David E. Bernstein Licensing Laws: a Historical Example of the Use of Government Regulatory Power Against African-americans 31 San Diego Law Review 89 (Winter 1994) Among the many controversies aroused by Professor Richard Epstein's book, Forbidden Grounds , is a dispute over his assertion that the economic subjugation of black Americans between Reconstruction and the modern civil rights era was a result of a combination of Jim Crow laws, actual or threatened private violence, and laws that gave monopoly power... 1994
Dwight L. Greene Naughty by Nurture: Black Male Joyriding--is Everything Gonna Be Alright? 4 Columbia Journal of Gender and Law 73 (1994) This Article is the final work of Professor Greene's extensive contribution to the study of the intersection of law and race. Professor Greene was still in the process of developing this work when he was murdered on July 5, 1993. The Journal collaborated with Professor Greene's friend and colleague, Professor Twyla Tharp of Rutgers University, and... 1994
Paul Finkelman Not Only the Judges' Robes Were Black: African-american Lawyers as Social Engineers 47 Stanford Law Review 161 (November, 1994) EMANCIPATION: THE MAKING OF THE BLACK LAWYER, 1844-1944. By J. Clay Smith, Jr. Philadelphia: University of Pennsylvania Press. 1993. 611 pp. $56.95. In this review essay, Professor Finkelman praises J. Clay Smith's Emancipation for collecting and organizing a vast amount of information on African-American lawyers in the century after 1844. Smith's... 1994
Shannon Liss Prosecuting Sex Crimes in the 90's: a Defense Perspective 17 Harvard Women's Law Journal 247 (Spring, 1994) In A Taste of Power: A Black Woman's Story, Elaine Brown tells the history of the Black Panther Party and the story of her own struggle for self-realization from childhood through her ascension to the party's highest post. A powerful, moving book written in skilled, forthright prose, her memoir offers a detailed account of the Panthers' development... 1994
Wendy Brown-Scott Race Consciousness in Higher Education: Does "Sound Educational Policy" Support the Continued Existence of Historically Black Colleges? 43 Emory Law Journal 1 (Winter, 1994) C1-3TABLE OF CONTENTS I. Introduction. 3 II. The Need for Historically Black Public Colleges and Universities: Building Trust Through Education. 10 A. The Need for Historically Black Colleges. 10 B. What Went Wrong?. 13 C. Rectifying Pluralistic Ignorance. 20 1. A Short Story. 20 2. A Longer Version. 26 III. Challenging Subordination, Gaining... 1994
Richard Delgado Rodrigo's Eighth Chronicle: Black Crime, White Fears--on the Social Construction of Threat 80 Virginia Law Review 503 (March, 1994) I was staring disconsolately at the flashing light on the vending machine in the student lounge, where I had gone in search of a much-needed late afternoon pick-me-up, when I heard a familiar voice from behind me: Professor, do you need some help? Rodrigo! I said. It's good to see you. To tell the truth, I felt slightly uncomfortable at being... 1994
Jerome McCristal Culp, Jr. Small Numbers, Big Problems, Black Men , and the Supreme Court: a Reform Program for Title Vii after Hicks 23 Capital University Law Review 241 (1994) The United States has many recent immigrants. Today, as in the past, immigrants tend to cluster in their own communities, united by ties of language, culture, and background. Often immigrants form small businesses composed largely of relatives, friends, and other members of their community, and they obtain new employees by word of mouth. These... 1994
Michael A. Middleton Small Numbers, Black Men, Precipitous Responses, Big Problems 23 Capital University Law Review 267 (1994) Professor Culp has aptly warned us that in our discussion of employment discrimination we should not lose sight of the need to address the spectrum of policies affecting the status of African-Americans. Without serious efforts in all aspects of American life (e.g., housing, education, health care, political and economic empowerment) our chances of... 1994
Denise Jefferson Tales of Discrimination: the Perspective of the Black Middle Class 11 Harvard BlackLetter Law Journal 233 (Spring, 1994) In recent years, the nation has paid increasing attention to the achievements and successes of a growing class of Black professional elite. Commentators have lauded these gains as one of the most substantial results of the civil rights era and have cited them as evidence that there is no longer a significant need for affirmative action. The... 1994
Joseph Gordon Hylton The African-american Lawyer, the First Generation: Virginia as a Case Study 56 University of Pittsburgh Law Review 107 (Fall 1994) I. The Origins of the African-American Bar. 107 II. The African-American Lawyer in Virginia. 115 A.The First Black Lawyers. 118 B.The Failure of Reconstruction Policies. 123 C.Access to Legal Training. 127 D.The Bar Admissions Process. 130 E.Limited Economic Opportunities. 136 F.Lack of Professional Support. 148 III. The African-American Lawyer and... 1994
David Ray Papke The Black Panther Party's Narratives of Resistance 18 Vermont Law Review 645 (Spring, 1994) Although their pivot came tardily compared to those by scholars in other disciplines, many legal scholars have in recent years turned to narrative. Dozens of scholarly articles and several major recent collections of writings have demonstrated convincingly that law, like all human constructs, possesses a significant narrative dimension. Lawyers,... 1994
Wendy Brown-Scott The Communitarian State: Lawlessness or Law Reform for African-americans? 107 Harvard Law Review 1209 (April, 1994) Two premises guide my exploration of a communitarian image of the state. First, the state has frequently acted in a lawless fashion toward African-Americans. The state has done so by failing, through both the abusive exercise of its power and the withholding of its laws, to protect people of African descent, beginning with slavery and continuing... 1994
David Bernstein The Davis-bacon Act: Vestige of Jim Crow 13 National Black Law Journal 276 (Fall, 1994) In a 1987 speech to the Business Law Section of the American Bar Association, then-Equal Employment Opportunity Chairman Clarence Thomas argued that legislative initiatives such as . . . [the] Davis-Bacon [Act] provided barriers against black Americans entering the labor force. During the confirmation process, Senators Kennedy, Metzenbaum, and... 1994
Floyd D. Weatherspoon The Devastating Impact of the Justice System on the Status of African-american Males: an Overview Perspective 23 Capital University Law Review 23 (1994) C1-3Table of Contents L1-2Introduction 24. I. Stereotypical Biases Against African-American Males. 28 II. Criminal Justice System. 30 A. Selective Enforcement. 30 B. Incarceration of African-American Males. 35 C. Racial Disparities in Sentencing. 38 D. Racial Disparities in Prosecutorial Decisions. 42 E. Law Enforcement and Police Brutality--The... 1994
Kevin D. Brown The Dilemma of Legal Discourse for Public Educational Responses to the "Crisis" Facing African-american Males 23 Capital University Law Review 63 (1994) C1-3Table of Contents L1-2Introduction 64. I. Legal Discourse and the Intersection of Race, Gender and Public Education. 67 II. The Individualist Framework. 71 A. Conceptual Structure. 71 1. View of the knowing individual. 71 2. Emancipatory role of this framework. 72 3. Role of government. 74 B. The Constitutional Historical Development. 75 1.... 1994
Andrew Kull The Enforceability after Emancipation of Debts Contracted for the Purchase of Slaves 70 Chicago-Kent Law Review 493 (1994) What should be the effect of the abolition of slavery on outstanding debts for the purchase of slaves? The question, intensely controversial during a brief period of Reconstruction, gave rise to an intricate final chapter in the American law of slavery. Viewing the problem first as a matter of commercial law, courts in every southern state but one... 1994
Deirdre Davis The Harm That Has No Name: Street Harassment, Embodiment, and African American Women 4 UCLA Women's Law Journal 133 (Spring 1994) L1-2Introduction 135 I. The Mechanics of Street Harassment. 137 A. Specific Acts of Street Harassment. 138 B. Normative Characteristics of Street Harassment. 138 C. Street Harassment's Role in Sexual Terrorism. 140 II. Genderization of the Street: The Effects and Context of Street Harassment. 141 A. Social Effects of Street Harassment. 142 1.... 1994
Leland Ware The Most Visible Vestige: Black Colleges after Fordice 35 Boston College Law Review 633 (May, 1994) There exists today a chance for the Negroes to organize a cooperative State within their own group. By letting Negro farmers feed Negro artisans, and Negro technicians guide Negro home industries, and Negro thinkers plan this integration of cooperation, while Negro artists dramatize and beautify the struggle, economic independence can be achieved.... 1994
Robin K. Magee The Myth of the Good Cop and the Inadequacy of Fourth Amendment Remedies for Black Men: Contrasting Presumptions of Innocence and Guilt 23 Capital University Law Review 151 (1994) C1-3Table of Contents L1-2Introduction 153 I. The Myth of the Good Cop. 160 A. The Exclusionary Rule Cases. 161 B. Pretextual Activity. 167 C. Deference, Discretion, and Esteeming Police and Their Decisions. 172 1. Discretion and deference: defined. 173 a. Discretion. 174 i. identifying and scrutinizing the quantum of evidence under Terry as an... 1994
David P. Tedhams The Reincarnation of "Jim Crow:" a Thirteenth Amendment Analysis of Colorado's Amendment 2 4 Temple Political & Civil Rights Law Review 133 (Fall, 1994) I never knew what it felt like to be a nigger or a spic. Now I know. I'm a fag. Fags and niggers and spics aren't protected by the Constitution. Nor are junkies, whores, and broads. On November 3, 1992 the voters of Colorado amended that state's constitution to bar legislation or policies which afford lesbians, gay men, and bisexuals their civil... 1994
Spencer A. Overton The Threat Diversity Poses to African Americans: a Black Nationalist Critique of Outsider Ideology 37 Howard Law Journal 465 (Spring, 1994) As I look back over my short life, I recognize my successes and failures in both integrated and homogeneous environments. At an integrated suburban school during my adolescent years, I was an excluded, stereotyped loner who never realized his potential. In an effort to supplement missed social experiences, my parents insisted I attend an urban,... 1994
Dorothy E. Roberts The Value of Black Mothers' Work 26 Connecticut Law Review 871 (Spring 1994) The common ground of contemporary welfare reform discourse is the belief that single mothers' dependence on government support is irresponsible and should be remedied by requiring these mothers to get jobs. Workfare is a refrain of the general theme that blames the poor, because of their dependence mentality, deviant family structure, and other... 1994
Angela Gilmore They're Just Funny That Way: Lesbians, Gay Men and African-american Communities as Viewed Through the Privacy Prism 38 Howard Law Journal 231 (Fall, 1994) The relationships between lesbians and gay men of African descent and African American communities are complex, complicated, and confusing. To illustrate this point consider recent comments from two leaders in their respective African American communities, one national and one local. Dr. Benjamin Chavis, former Executive Director of the National... 1994
Richard Banks Toward an Understanding of Black Identity 11 Harvard BlackLetter Law Journal 215 (Spring, 1994) The premise of this collection, Gerald Early writes, is really quite simple: nearly two dozen black intellectuals and writers were invited to write essays on assimilation, race and identity (p. xxi). Early, director of the department of African American Studies at Washington University, presented each writer with the famous quotation from... 1994
Lynn D. Wardle Uncovering an American Legacy 22 Southern University Law Review 127 (Fall, 1994) In 1850 there were a total of 23,939 lawyers in the United States including territories. Only two of those lawyers were African-American, and they were both practicing in Massachusetts. Ninety years later, there were 177,643 lawyers and judges in the United States; of those, 1,052 were African-American (including thirty-nine women) practicing in... 1994
Anthony Q. Fletcher White Lines, Black Districts--shaw V. Reno and the Dilution of the Anti-dilution Principle 29 Harvard Civil Rights-Civil Liberties Law Review 231 (Winter, 1994) If you drove down the interstate [Interstate 85] with both car doors open, you'd kill most of the people in the district. --North Carolina State Representative Mickey Michaux commenting on the meandering 12th Congressional District of North Carolina. Amendments to the 1965 Voting Rights Act have recently spurred bitter political, ideological and... 1994
James Oliver Horton, Lois E. Horton A Federal Assault: African Americans and the Impact of the Fugitive Slave Law of 1850 68 Chicago-Kent Law Review 1179 (1993) William Craft was a slave in Macon, Georgia, apprenticed to a cabinet maker and mortgaged to a local bank to cover his master's debts. Ellen was also a slave and the daughter of her master, a white Georgia planter. When her father's white daughter, Ellen's half sister, married, Ellen was given as a wedding present to the young couple. William and... 1993
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