AuthorTitleCitationSummaryYear
Christopher Steskal Creating Space for Racial Difference: the Case for African-american Schools 27 Harvard Civil Rights-Civil Liberties Law Review 187 (Winter, 1992) On September 3, 1991, the City of Milwaukee opened its highly publicized African-American Immersion School, a coeducational elementary school that focuses primarily upon the needs of African-American males. The Detroit Board of Education authorized the creation of the Male Academy on February 26, 1991. The schools opened in coeducational form on... 1992
Charles R. Lawrence III Cringing at Myths of Black Sexuality 65 Southern California Law Review 1357 (March, 1992) On Friday evening [October 11, 1991], Clarence Thomas called the Judiciary Committee hearings inquiring into Anita Hill's charges of sexual harassment a high-tech lynching of an uppity black man. On Saturday, he called himself the victim of bigoted racial attitudes about black men and their views on sex. Is this another confirmation conversion?... 1992
Richard Delgado Derrick Bell's Racial Realism: a Comment on White Optimism and Black Despair 24 Connecticut Law Review 527 (Winter, 1992) DERRICK Bell's Racial Realism is likely to be met with a predictable responsefrom his readers of majority race, at any rate. Why such a somber message, some will ask? Yes, yes, we know the Supreme Court has been handing down a series of unfriendly decisions, but has not the Congress reversed most of them? And do not some statistics, at least,... 1992
Paul Finkelman Fugitive Slaves, Midwestern Racial Tolerance, and the Value of "Justice Delayed" 78 Iowa Law Review 89 (October, 1992) This is the Court of Chancery; . Suffer any wrong that can be done you, rather than come here! The legal community accepts, almost without question, that justice delayed is justice denied. Certainly that is true for most cases. Without her day in court a civil plaintiff cannot win deserved damages. Until a trial brings out the truth of the... 1992
Regina Austin Left at the Post: One Take on Blacks and Postmodernism 26 Law and Society Review 751 (1992) If there is one thing that is not universal, it is the enjoyment of the material benefits of modernism. The postmodernists tend to confuse materialism (which is rampant) with material well-being (which is not). The liberating riches of postindustrial development have not entirely found their way into pockets of poverty in Anacostia,... 1992
Charlotte Rutherford, Esq. Reproductive Freedoms and African American Women 4 Yale Journal of Law & Feminism 255 (Spring, 1992) As an African American, a civil rights lawyer, a mother, and a feminist, I view reproductive freedoms for African American women from both a personal and professional perspective. Reproductive freedoms are life and death issues for many African American women and, as such, deserve as much recognition as any other freedom. Despite the importance of... 1992
Mark Curriden Selective Prosecution 78-FEB ABA Journal 54 (February, 1992) Kansas City, Mo., Mayor Emanuel Cleaver admits he is paranoid. The rookie chief executive of one of the largest cities in the Midwest fears that he will be investigated by the federal government. I've done nothing wrong, Cleaver asserts. But from what I've heard and seen, that really doesn't matter. Some of my colleagues say I can expect to be... 1992
L. Darnell Weeden Statutory and Equal Protection Remedies to Save Historically Black Colleges from the Effects of Invidious Desegregation 18 Thurgood Marshall Law Review 41 (Fall, 1992) The 1992 decision rendered by the United States Supreme Court in U.S. v. Fordice, prompts this discussion regarding the appropriate remedies courts should apply in desegregating higher education. On its face the holding of Fordice appears simple enough. The Court held that merely adopting and implementing race neutral policies to govern colleges... 1992
Regina Austin The Black Community, its Lawbreakers, and a Politics of Identification 65 Southern California Law Review 1769 (May, 1992) There exists out there, somewhere, the black community. It once was a place where people both lived and worked. Now it is more of an idea, or an ideal, than a reality. It is like the mythical maroon colony of the Isle des Chevaliers (for those of you who have read Toni Morrison's Tar Baby) or like Brigadoon (for those of you who are culturally... 1992
Stephanie B. Goldberg The Long-distance Runner 78-JUN ABA Journal 70 (June, 1992) One of the hallmarks of Thurgood Marshall's career is an unswerving commitment to principle that followed him from his days at the NAACP Legal Defense Fund all the way to the U.S. Supreme Court, stopping in between to serve as a federal judge and U.S. solicitor general. Those who know him, however, can testify to his other vocation-the training and... 1992
Kevin Brown The Social Construction of a Rape Victim: Stories of African-american Males about the Rape of Desiree Washington 1992 University of Illinois Law Review 997 (1992) Becoming an individual in American society, or any other society, is not done in a vacuum. What passes as our individual consciousness is developed under the guidance of cultural patterns and historically created systems of meanings. We are not free agents bound only by our own understanding of what we perceive as reality. Rather, our consciousness... 1992
Pamela J. Smith We Are Not Sisters: African-american Women and the Freedom to Associate and Disassociate 66 Tulane Law Review 1467 (May, 1992) I. Introduction. 1467 II. Basis for Choosing to Disassociate. 1472 A. Racism Among Sisters. 1472 B. A Different Past. 1480 C. A Different Present. 1483 III. Reasons for Choosing to Associate. 1490 A. Breaking the Chains of Silence. 1491 B. Coming to Voice. 1493 IV. The First Amendment's Right to Associate or Disassociate. 1496 A. Intimate... 1992
  When Victims Happen to Be Black Neoconservatives 105 Harvard Law Review 773 (January, 1992) From the recent Senate confirmation hearings of Justice Clarence Thomas, to the debate over quotas in the Civil Rights Act of 1991, to the bitter fights over student and faculty diversity at leading law schools, traditional justifications for affirmative action have come under increasing attack. In Reflections of an Affirmative Action Baby,... 1992
Jerome McCristal Culp, Jr. You Can Take Them to Water but You Can't Make Them Drink: Black Legal Scholarship and White Legal Scholars 1992 University of Illinois Law Review 1021 (1992) We stand at a critical crossroads. The growth in the total number of scholars of color and in the number of places that are beginning to have a critical mass of scholars of color has begun to reap dividends in terms of a scholarship that is centered on the concerns of people of color. These black scholars have given voice to the interests of people... 1992
Major Fred L. Borch America's First Black General and Benjamin O. Davis, Jr.: American 134 Military Law Review 245 (Fall, 1991) These two booksa biography about Army Brigadier General Benjamin O. Davis, Sr., and an autobiography by his son, a retired Air Force Lieutenant Generalwill interest military lawyers for at least two reasons. First, both books reveal the personal struggle of two men serving as commissioned officers despite military laws and regulations designed to... 1991
Wilton E. Blake, II Ayers V. Allain Threatens the Survival of State Supported Historically Black Universities 34 Howard Law Journal 397 (1991) The time has come, the Walrus said, To talk of many things; Of shoesand shipsand sealing wax Of Cabbagesand kings And why the sea is boiling hot and whether pigs have wings. We'll sit and chat of times gone by, and visit with the queens Brown, and, Sweatt and Meredith not to mention the fertile Green And then we'll see why Ayers should fly... 1991
Mary L. Clark Black Votes Count: Political Empowerment in Mississippi after 1965. Frank R. Parker. Chapel Hill, N.c.: University of North Carolina Press, 1990. Pp. 254. $29.95, Cloth 26 Harvard Civil Rights-Civil Liberties Law Review 301 (Winter, 1991) Mississippi has more blacks as a percentage of its population than any other state. Blacks constituted 35% of the state population in 1980, 37% in 1970, and 42% in 1960 (p. 2). Nonetheless, until passage of the Voting Rights Act [the Act] in 1965 and subsequent enforcement through federal litigation, blacks were effectively denied the right to... 1991
Diane E. Galanis Climbing the Mountain 77-APR ABA Journal 60 (April, 1991) For black lawyers who practiced law before the civil rights movement took off, life was a series of challenges and hard times. Their stories span six decades and conjure up names such as Booker T. Washington, Franklin Delano Roosevelt, Billie Holiday, Duke Ellington and Martin Luther King Jr. There are memories of not being able to practice in... 1991
Norman O. Hemming, III Genocide: the Legal Extermination of the African-american's Economic Interests 34 Howard Law Journal 313 (1991) This is the story of my life, it is a story of all [emphasis added] life. It is good to tell, sharing with four legs and all the wings of the air and all green things, for they are all of one mother and the father is of one spirit. Now that I can see it all, as from a lonely hilltop, I know it was the story of a mighty vision, given to a man too... 1991
John A. Powell , Eileen B. Hershenov Hostage to the Drug War: the National Purse, the Constitution and the Black Community 24 U.C. Davis Law Review 557 (Spring, 1991) In 1982, former President Ronald Reagan declared war on drugs. Six years later, in response to polls showing that Americans considered drug use the number one domestic problem, his successor, George Bush, vowed to wage the war with renewed vigor. Over the course of the past eight years and in apparent belief that where there's war there must be... 1991
  Invisible Man: Black and Male under Title Vii 104 Harvard Law Review 749 (January, 1991) The man said, I believe they are short-handed, but I don't believe they're employing any colored boys in the reconversion jobs. I said, What makes you think I'm colored? They done took such words off of jobs in New York State by law. I know he wanted to say, But they ain't took the black off of your face. On March 20, 1989, Leo Johnson... 1991
David R. Dow Law School Feminist Chic and Respect for Persons: Comments on Contract Theory and Feminism in the Flesh-colored Band Aid 28 Houston Law Review 819 (July, 1991) C1-5Table of Contents I. L2-4,T2INTRODUCTION. .819 II. L2-4,T2CONTRACT LAW, ASSENT, AND THE PRIMACY OF THE INDIVIDUAL. .822 A. L3-4,T3Individualism. 823 B. L3-4,T3Relational Contracts. 826 III. L2-4,T2LANGUAGE, POWER, AND RESPECT FOR PERSONS: TWO WEAKNESSES IN FEMINIST THEORY. .831 A. L3-4,T3Language and the Power of Naming. .835 1. S50The... 1991
Daniel P. Doyle, David F. Luckenbill Mobilizing Law in Response to Collective Problems: a Test of Black's Theory of Law 25 Law and Society Review 103 (1991) Donald Black's theory of law states that the quantity of law can be explained in terms of stratification, morphology, culture, organization, and social control. Empirical tests of this theory have produced disparate findings. For the most part, previous tests have focused on criminal law and on the use of law to deal with personal problems. In the... 1991
Dr. Velma LaPoint, Assoc. Dean of Human Ecology Prison's Effect on the African-american Community 34 Howard Law Journal 537 (1991) The title of my presentation is Parents Inside, Children Outside, Research Policies, Service Legal and Advocacy Issues Surrounding Incarcerated African-American Parents and Their Children. The incarceration of parents represents a major stress and challenge in the lives of children and their parents. For most families, this event is one of many... 1991
Steven Siegel Race, Education, and the Equal Protection Clause in the 1990s: the Meaning of Brown V. Board of Education Re-examined in Light of Milwaukee's Schools of African-american Immersion 74 Marquette Law Review 501 (Spring/Summer, 1991) On September 20, 1990, the Milwaukee Board of Education voted to establish two public schools specifically designed to meet the academic and social needs of black boys. The pilot schools, to be called Schools of African-American Immersion, will emphasize black history and culture, build self-esteem, and promote the rewards of responsible male... 1991
A. Leon Higginbotham, Jr. , Greer C. Bosworth Rather than the Free: Free Blacks in Colonial and Antebellum Virginia 26 Harvard Civil Rights-Civil Liberties Law Review 17 (Winter, 1991) [A]ll of them had been brought here as articles of merchandise. The number that had been emancipated at that time were identified in the public mind with the race to which they belonged, and regarded as a part of the slave population rather than the free. Although Chief Justice Taney has been criticized often for his pernicious opinion in Dred... 1991
Cheryl E. Amana Recruitment and Retention of the African American Law Student 19 North Carolina Central Law Journal 207 (1991) We need not let color blindness become myopia which masks the reality that many created equal have been treated within our lifetimes as inferior both by the law and by their fellow citizens. In 1869, George Lewis Ruffin became the first African American to graduate from an American law school. Even with this relatively early entrance, compared... 1991
Sharon Angella Allard Rethinking Battered Woman Syndrome: a Black Feminist Perspective 1 UCLA Women's Law Journal 191 (Spring, 1991) The plight of battered women gained national attention when Farrah Fawcett portrayed a battered spouse in the television movie The Burning Bed. The program depicted the physical and psychological torture that leads a battered woman to take the life of her batterer, and the subsequent legal challenges she faces when claiming self-defense in response... 1991
Michael W. Klein Rose Is in Red, Black Sox Are Blue: a Comparison of Rose V. Giamatti and the 1921 Black Sox Trial 13 Hastings Communications and Entertainment Law Journal (COMM/ENT) 551 (Spring, 1991) I. Baseball in 1919 vs. Baseball in 1989: What a Difference 70 Years Make A. The Economic Status of Major League Baseball B. In Trusts We Trust: A Historical Look at the Legal Status of Major League Baseball C. The Reserve Clause D. The Office and Powers of the Commissioner II. You Bet: U.S. Gambling Laws in 1919 and 1989 III. Black Sox and... 1991
Peggie R. Smith Separate Identities: Black Women, Work, and Title Vii 14 Harvard Women's Law Journal 21 (Spring, 1991) No other group in America has so had their identity socialized out of existence as have black women. We are rarely recognized as a group separate and distinct from black men, or as a present part of the larger group women in this culture . . . . When black people are talked about the focus tends to be on black men; and when women are talked about... 1991
Henry C. Strickland III Thaddeus Donald Edmonson 1990-91 Preview of United States Supreme Court Cases 139 (1/25/1991) Parties in civil and criminal jury trials participate in choosing the jury that will hear their case by challenging prospective jurors to whom they object. They may challenge jurors in two ways. First, a party may challenge any number of jurors for cause, in which case the court determines if some reason exists for disqualifying the challenged... 1991
Joan Mahoney The Black Baby Doll: Transracial Adoption and Cultural Preservation 59 UMKC Law Review 487 (Spring, 1991) Rachel is eighteen months old. She has two favorite toys that she carries with her wherever she goes, or wherever we allow them to be carried along. One is a gray mouse that she received for her first Christmas. She has slept with Mousie every night since then, and he is rather the worse for wear. He seems less fully stuffed than he was when he... 1991
Anita L. Allen The Black Surrogate Mother 8 Harvard BlackLetter Journal 17 (Spring, 1991) In earlier essays, I considered two aspects of the practice of surrogate parenting. In the first article, I examined the Baby M case and argued in favor of an inalienable constitutional right of the surrogate mother to a post-natal opportunity to change her mind about relinquishing parental rights. The second essay, considered-and rejected-the... 1991
Patricia A. Tidwell , Peter Linzer The Flesh-colored Bank Aid-contracts, Feminism, Dialogue, and Norms 28 Houston Law Review 791 (July, 1991) C1-4Table of Contents I. L2-3INTRODUCTION. 791 II. L2-3A BRIEF SKETCH OF RELATIONAL CONTRACTS . 794 III. L2-3THE FEMININE VOICE. 798 IV. L2-3CONTRACTS IN A FEMININE VOICE. 800 A.. The Power of Naming. 801 B.. Developing Less Formalized Rules. 803 C.. Embracing a Broader View of Value. 804 D.. A Different View of Obligation and Excuse. 805 V.... 1991
John J. Donohue III The Impact of Federal Civil Rights Policy on the Economic Status of Blacks 14 Harvard Journal of Law & Public Policy 41 (Winter, 1991) American civil rights policy is poised at a crossroads. The Supreme Court, reshaped by the perspectives of a new Chief Justice and three other Reagan appointees, appears convinced that the federal law against employment discrimination must be trimmed. This is evidenced by recent decisions diminishing the impact of the major judicial expansions of... 1991
Roy Carleton Howell The New Legal Strategy for Black Americans in the Twenty First Century 17 Thurgood Marshall Law Review 59 (Fall, 1991) The current old guard leadership of the Civil Rights movement seeks to overcome omnipotent institutional racism against Black Americans through domestic judicial and political actions. In the judicial arena, legal initiatives have primarily been focused upon eradication of employment discrimination against Black Americans based on race. While in... 1991
Robert J. Cottrol , Raymond T. Diamond The Second Amendment: Toward an Afro-americanist Reconsideration 80 Georgetown Law Journal 309 (December, 1991) Introduction I. Armed Citizens, Freemen, and Well-Regulated Militias: The Beginnings of an Afro-American Experience with an Anglo-American Right A. ENGLISH LAW AND TRADITION B. ARMS AND RACE IN COLONIAL AMERICA C. THE RIGHT OF WHICH PEOPLE? 1. Revolutionary Ideals 2. Racial Limitations II. Arms and the Antebellum Experience A. THE SOUTHERN... 1991
Lani Guinier The Triumph of Tokenism: the Voting Rights Act and the Theory of Black Electoral Success 89 Michigan Law Review 1077 (March, 1991) I. THE ROOTS OF BLACK ELECTORAL SUCCESS THEORY A. The Civil Rights Movement's Theory of Political Participation 1. Political Participation: Mobilizing the Black Community 2. Political Participation: Promoting a Social and Economic Agenda 3. Political Participation: Electing Responsive Officials B. The Evolution of a Legal Strategy of Political... 1991
Jerome McCristal Culp, Jr. Toward a Black Legal Scholarship: Race and Original Understandings 1991 Duke Law Journal 39 (February, 1991) [First White Professional]: I meanI didn't want to be like Ernie Banks. I wanted to be Ernie Banks. [Second White Professional]: Mr. Cub. [First White Professional]: And, it never really dawned on me that he was black, you know? [Second White Professional]: Wrist hitter. [First White Professional]: I was, you know, seven years old. And he was just... 1991
Elizabeth Bartholet Where Do Black Children Belong? The Politics of Race Matching in Adoption 139 University of Pennsylvania Law Review 1163 (May, 1991) I. EARLY FRAGMENTS FROM ONE TRANSRACIAL ADOPTION STORY II. THE HISTORY III. CURRENT RACIAL MATCHING POLICIES A. A Picture of the Matching Process at Work B. The Proverbial Tip of the Iceberg-Of Written Rules and Documented Cases 1. Laws, Regulations, and Policy Guidelines Mandating Consideration of Race in the Placement Decision 2. Cases... 1991
Judy Scales-Trent Commonalities: on Being Black and White, Different, and the Same. 2 Yale Journal of Law & Feminism 305 (Spring, 1990) Many in my family are various shades of brown, as is common in most black families. Many others of us, however, look white. I wrote these journal notes, and this essay, as a way of coming to terms with the dilemma of being black and looking white in a society which does not handle anomalies very well. It is only recently that I have realized that... 1990
James M. O'Fallon , Cheyney C. Ryan Finding a Voice, Giving an Ear: Reflections of Masters/slaves, Men/women 24 Georgia Law Review 883 (Summer, 1990) How are men to listen and respond to feminist discourse - a discourse in which the male subject is persistently and insistently problematized? This question is particularly pressing when the subject of the discourse is jurisprudence and the audience is academics, for legal academia seems to instantiate the standpoints of detachment, noninvolvement... 1990
Alan Raphael Larry Joe Powers 1990-91 Preview of United States Supreme Court Cases 15 (9/28/1990) Powers v. Ohio presents the Court with the question whether a defendant of one race may challenge, as a violation of the equal protection clause of the 14th Amendment, the state's use of peremptory challenges to remove prospective jurors of another race from the jury. Although the issue is not directly raised by the facts of this case, the Court... 1990
Christopher Adams Sociological Justice. By Donald Black. New York: Oxford University Press. 1989. Pp. X, 179. $19.95 88 Michigan Law Review 1865 (May, 1990) Sociologist Donald Black seeks to expand our knowledge of the law by introducing a new field of legal scholarship: the sociology of the case. The sociology of the case explores the extent to which various sociological factors affect the outcome of a case. In his latest book, Sociological Justice, Black argues that the legal profession can use the... 1990
Todd D. Rakoff Sociological Justice. By Donald Black. Oxford University Press, New York, New York, 1989, 192 Pages, $19.95 76 Virginia Law Review 1287 (September, 1990) What do we want to know from a sociologist of law? If we are a group of what Justice Holmes provocatively termed bad men, people who care nothing about the morality or meaning of the law, but a great deal about its positive consequences, what we want to know is how sociology helps us predict the outcome of cases. In Sociological Justice,... 1990
Thomas Ross The Rhetorical Tapestry of Race: White Innocence and Black Abstraction 32 William and Mary Law Review Rev. 1 (Fall, 1990) Nineteenth-century Americans lived in a truly racist society. Racist talk and racial epithets were accepted forms of public discourse. Black persons were first enslaved, and later segregated and subjugated, by law. And their Supreme Court sanctioned all of this in the name of the Constitution. In matters of race, the period was shameful and tragic... 1990
Cassia Spohn The Sentencing Decisions of Black and White Judges: Expected and Unexpected Similarities 24 Law and Society Review 1197 (1990) Those who champion the representation of blacks on the bench argue that black judges may make a difference. Indeed, some suggest that increasing the proportion of black judges might result in more equitable treatment of black and white defendants. In this study we test these expectations. Using data on defendants charged with violent felonies, we... 1990
Louis H. Pollak We're Going to Miss You on the Court Because We Need Youdd' 99 Yale Law Journal 2091 (June, 1990) Adversaries' might well have been a better word. It would have carried less of a connotation of mutual animosity than antagonists'the key word in the title of the recent book, The Antagonists: Hugo Black, Felix Frankfurter and Civil Liberties in Modern America, by James F. Simon, Dean of New York Law School. To be sure, antagonists' seems to... 1990
Mary S. Bernabe Affirmative Action--one-for-one Promotions of Qualified Black and White Employees Is Permissible as an Interim Measure to Remedy the Present Effects of past Discrimination--united States V. Paradise, 107 S.ct. 1053 (1987) 38 Drake Law Review 953 (1988/1989) After more than fifty years, the discriminatory employment practices of the Alabama Department of Public Safety were put to rest on February 25, 1987, in United States v. Paradise. In order to understand the implications of the case, one must be familiar with the past practices of the Alabama Department of Public Safety and the ensuing litigation.... 1989
Judy Scales-Trent Black Women and the Constitution: Finding Our Place; Asserting Our Rights 24 Harvard Civil Rights-Civil Liberties Law Review 9 (Winter, 1989) The economic, political, and social situation of black women in America is bad, and has been bad for a long time. Historically, they have borne both the disabilities of blacks and the disabilities which inhere in their status as women. These two statuses have often combined in ways which are not only additive, but synergisticthat is, they create a... 1989
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