| Author | Title | Citation | Summary | Year |
| Cathy Scarborough |
Conceptualizing Black Women's Employment Experiences |
98 Yale Law Journal 1457 (May, 1989) |
For me to think about racism and sexism meant I had to pull myself together and look at myself as one person under a law that separates me into my woman being and into my Black being. Kimberlé Crenshaw Black women in America have always been workersas slaves, farmers, domestics, skilled and unskilled laborers, and even, in small numbers, as... |
1989 |
| Lani Guinier |
Keeping the Faith: Black Voters in the Post-reagan Era |
24 Harvard Civil Rights-Civil Liberties Law Review 393 (Spring, 1989) |
When President Ronald Reagan left office in January 1989, many of us within the black community collectively sighed with relief. For eight years the Reagan Administration had sowed conflict and division between itself and civil rights groups, and had contributed to an increasing sense of isolation among African-Americans. The Reagan legacy has... |
1989 |
| Kevin D. DeBre' |
Patents on People and the U.s. Constitution: Creating Slaves or Enslaving Science |
16 Hastings Constitutional Law Quarterly 221 (Winter, 1989) |
[M]an's power over Nature turns out to be a power exercised by some men over other men with Nature as its instrument. C. S. Lewis Genetic engineering technologies have emerged from the laboratory to meet the needs of the marketplace. Products of biotechnology hold promise for increasing world food supplies, curing fatal viral infections, producing... |
1989 |
| A. Leon Higginbotham, Jr. , Barbara K. Kopytoff |
Property First, Humanity Second: the Recognition of the Slave's Human Nature in Virginia Civil Law |
50 Ohio State Law Journal 511 (1989) |
C1-2TABLE OF CONTENTS I. INTRODUCTION II. RECOGNITION OF THE HUMANITY OF THE SLAVE IN WAYS THAT DID NOT INVADE THE RIGHTS OF PROPERTY A. The Owner's Entitlement to Specific Slaves Versus Monetary Compensation B. Slaves as Agents C. Bailment: The Provision of Basic Necessities D. Civil Liability for the Willful Wrongs of Slaves E. Summary III.... |
1989 |
| H. N. Hirsch |
Race and Class, Law and Politics |
69 Boston University Law Review 457 (March, 1989) |
These two recent, important books, written by two very different scholars, reach a starkly similar conclusion--that despite the monumental advances in civil rights litigation and legislation since 1954, the lives of most black Americans remain unimproved. We have made progress in everything, says Bell's fictional heroine, Geneva Crenshaw, yet... |
1989 |
| E. M. Beck, James L. Massey, Stewart E. Tolnay |
The Gallows, the Mob, and the Vote: Lethal Sanctioning of Blacks in North Carolina and Georgia, 1882 to 1930 |
23 Law and Society Review 317 (1989) |
This paper examines the relationship between lynchings and executions of blacks in North Carolina and Georgia between 1882 and 1930 as well as before and after the political disenfranchisement of blacks in both states. The findings are used to assess two competing models of the relationship between these different types of lethal sanctioning. No... |
1989 |
| Jennifer L. Hochschild |
The Politics of Victimization Makes Strange Bedfellows |
87 Michigan Law Review 1584 (May, 1989) |
One of the main rewards of studying race in America is that racial politics constantly overturns conventional assumptions about what goes with what. We usually think we know how left- and right-wingers differ on politically salient issues. We further assume that, at least among well educated people, knowing a person's view on one issue enables us... |
1989 |
| Eileen Boris |
The Power of Motherhood: Black and White Activist Women Redefine the "Political" |
2 Yale Journal of Law & Feminism 25 (Fall, 1989) |
Yes, it is the great mother-heart reaching out to save her children from war, famine and pestilence; from death, degradation and destruction, that induces her to demand Votes for Women, knowing well that fundamentally it is really a campaign for Votes for Children. - [Mrs.] Carrie W. Clifford, Honorary President of the Federation of Colored... |
1989 |
| Richard L. Engstrom |
When Blacks Run for Judge: Racial Divisions in the Candidate Preferences of Louisiana Voters |
73 Judicature 87 (August/September, 1989) |
Judicial election systems in a number of states are today being challenged for impermissibly diluting the electoral influence of minority voters. These challenges are based on Section 2 of the federal Voting Rights Act, as amended in 1982. This statutory provision prohibits state and local governments from structuring the electoral process in ways... |
1989 |
| Bonnie L. Mayfield |
Batson and Groups Other than Blacks: a Strict Scrutiny Analysis |
11 American Journal of Trial Advocacy 377 (Spring, 1988) |
The process of selecting a jury typically proceeds in three phases. The first phase of selection involves compiling a complete list of prospective jurors. The second phase consists of the prospective jurors requesting to be excused from jury duty and thereby voluntarily removing themselves from the jury venire. The final phase consists of... |
1988 |
| Stanley P. Stocker-Edwards |
Black Housing 1860-1980: the Development, Perpetuation, and Attempts to Eradicate the Dual Housing Market in America |
5 Harvard BlackLetter Journal 50 (4/1/1988) |
In 1968 Congress passed Title VIII of the Civil Rights Act of 1968 known as of the Fair Housing Act. Hailed as the most forceful federal weapon against discrimination in housing, Title VIII and Jones v. Alfred H. Mayer Co., decided the same year, promised to eliminate discrimination in the housing market that had existed for most of the century.... |
1988 |
| Ankur J. Goel, Willie J. Lovett, Jr., Robert Patten, Robert L. Wilkins |
Black Neighborhoods Becoming Black Cities: Group Empowerment, Local Control and the Implications of Being Darker than Brown |
23 Harvard Civil Rights-Civil Liberties Law Review 415 (Summer, 1988) |
[T]he residents of our community have never received a fair share of anything from Boston, except neglect. The [Mandela] proposal is fiscally unsound as well as racially and morally undesirable. [T]his is a referendum on whether we continue to work to make the political bodies, the economic and cultural life of this city open to all and reflective... |
1988 |
| Nina Burleigh |
Black Women Lawyers |
74-JUN ABA Journal 64 (June, 1988) |
Muzette Hill is a young black woman on the fast track: Northwestern University undergraduate degree, Boalt Hall law degree, federal appellate court clerkship, and now associate at a major Chicago law firm. She has been mistaken for a court reporter at every deposition she has ever attended. Plainfield, N.J., Municipal Judge Paulette Brown was the... |
1988 |
| J. Clay Smith, Jr. |
In the Shadow of Plessy: a Portrait of Mccants Stewart, Afro-american Legal Pioneer |
73 Minnesota Law Review 495 (December, 1988) |
This Lecture considers the career of McCants Stewart, one of the first Afro-American graduates of the University of Minnesota Law School, and the first Afro-American to be admitted to the bar and to practice law in the state of Oregon. Stewart was a determined and courageous lawyer in the northwestern part of the United States from the turn of the... |
1988 |
| Detlev Vagts, Robert A. Williams, Jr., University of Arizona Lumbee Indian Tribe |
International Law and the Black Minority in the U.s. by Y.n. Kly. Atlanta: Clarity Press; Ottawa: Commoners' Publishing Society Inc., 1985. Pp. Xxvi, 125. |
82 American Journal of International Law 688 (July, 1988) |
Professor Y.N. Kly's International Law and the Black Minority in the U.S. will disturb and provoke many readers, minority and nonminority alike. Kly's book challenges pat assumptions about the inevitability of achieving racial harmony in U.S. society through traditional legal and political mechanisms, skepticism about the capacity of international... |
1988 |
| Lisa K. Rozzano |
The Use of Hypnosis in Criminal Trials: the Black Letter of the Black Art |
21 Loyola of Los Angeles Law Review 635 (January, 1988) |
[T]here are few dangers so great in the search for truth as man's propensity to tamper with the memory of others. C1-3CONTENTS I. Introduction. 636 II. The Dangers of Hypnosis. 639 A. Suggestibility. 639 B. Confabulation. 642 C. Overconfidence. 643 III. A Critical Look At The Use Of Hypnosis In Criminal Trials. 645 A. Theories of Admissibility. 646... |
1988 |
| Stephen L. Carter |
When Victims Happen to Be Black |
97 Yale Law Journal 420 (February, 1988) |
Shortly after a New York jury acquitted Bernhard Goetz of charges that he had attempted murder by rising angrily from his subway bench and shooting down four youths who were, in the polite euphemism of the street, hassling him for money, a syndicated cartoonist was inspired to draw what was intended to be the post-Goetz subway car. The imagery was... |
1988 |
| Colonel Ned E. Felder , Senior Judge, Panel 5, United States Army Court of Military Review |
A Long Way since Houston: the Treatment of Blacks in the Military Justice System |
1987-OCT Army Lawyer 8 (October, 1987) |
I deem it a high honor to participate in this Eighth Annual JAG Training School and CLE Seminar. Neither the death of a close relative this week nor a severe sore throat could prevent me from attending this conference. Although I was graduated from a law school in South Carolina, this is my first visit to this illustrious law school. I attended a... |
1987 |
| Randall Kennedy |
Afro-american Faith in the Civil Religion; Or, Yes, I Would Sign the Constitution |
29 William and Mary Law Review 163 (Fall, 1987) |
Professor Levinson has brilliantly demonstrated, on this and other occasions, that every text is ambiguous. His own paper is no exception. Take, for instance, his question: What should we expect the black visitor to Philadelphia to do when invited to sign the Constitution? That question might be interpreted in at least three ways. It might be... |
1987 |
| Penelope Andrews |
Apartheid |
14-Spg Human Rights 32 (Spring, 1987) |
When Winnie Mandela refused to follow the South African government's edict that she not return to her home in Soweto, a new national leader emerged, and the issue of how apartheid policies affect the country's black population was once again brought to the public's attention. Fearing that Mandela was becoming too popular among the black citizens,... |
1987 |
| Frederic S. Nathan, Jr. |
Apartheid and Black Labor in South Africa: Applying Section 307 of the Smooth- Hawley Tariff Act to Goods Produced by Black South Africans |
19 Case Western Reserve Journal of International Law 421 (Summer, 1987) |
The official policy of apartheid in South Africa violates our most basic notions about freedom and human equality. While virtually every element of our society today condemns it, there is little agreement about how the United States should respond. The question of divestment, for example, has polarized campuses, city councils, state legislatures... |
1987 |
| LINDA A. LACEWELL and PAULA. SHELOWITZ |
Beyond a Black and White Reading of Sections 1981 and 1982: Shifting the Focus from Racial Status to Racist Acts |
41 University of Miami Law Review 823 (March, 1987) |
Congress enacted the Civil Rights Act of 1866 in response to the rampant racial discrimination existing in the South following the abolition of slavery. Section 1 of the Act is now codified at 42 U.S.C. §§ 1981 and 1982. Section 1981 guarantees to all persons' the same general rights of contract and equal protection as white citizens.' Section... |
1987 |
| Edward J. Littlejohn , Leonard S. Rubinowitz |
Black Enrollment in Law Schools: Forward to the Past? |
12 Thurgood Marshall Law Review 415 (Summer, 1987) |
For a hundred years after the first Black student entered an American law school in 1868, Blacks were barely visible in law schools. Starting in the late 1960s, they made modest gains in enrollment. Black representation in law school peaked within a decade, and leveled off by the mid-1970s. This enrollment plateau continued until the mid-1980s,... |
1987 |
| L. Darnell Weeden |
Black Law Schools and the Affirmative Action Rationale |
12 Thurgood Marshall Law Review 395 (Summer, 1987) |
Black law schools and the affirmative action concept represent a challenging opportunity for black legal educators to provide quality legal education to a multiethnic and diverse study body while at the same time establishing creative and innovative roles for legal education. From an historical perspective, it is not common knowledge that Howard... |
1987 |
| Gil Kujovich |
Equal Opportunity in Higher Education and the Black Public College: the Era of Separate but Equal |
72 Minnesota Law Review 29 (October, 1987) |
C1-3TABLE OF CONTENTS Introduction. 30 I. Creation of a Separate But Equal System of Higher Education. 36 II. Separate and Unequal. 44 A. Inequality in Funding. 45 1. Resident Instruction. 46 2. Military Training. 51 3. Cooperative Extension Services. 54 4. Experiment Stations and Research. 60 B. Inequality in Programs of Instruction. 64 1.... |
1987 |
| Charles David Phillips |
Exploring Relations among Forms of Social Control: the Lynching and Execution of Blacks in North Carolina, 1889-1918 |
21 Law and Society Review 361 (1987) |
Official and unofficial forms of social control are usually considered substitutable responses to individual acts of deviance. This analysis of the lynching and execution of blacks in North Carolina indicates that these two forms of social control, one official and the other unofficial, served not simply as substitutes, but also as complements... |
1987 |
| Ronald C. Griffin |
Hill's Account: Law School, Legal Education and the Black Law Student |
12 Thurgood Marshall Law Review 507 (Summer, 1987) |
There is trouble in River City. Law School and bar admissions tests are depleting the ranks of black lawyers. The nation's law schools could do something about the situation. Donald Hill, Professor of Law, at Thurgood Marshall Law School, lists reasons for being skeptical about these institutions doing much. White institutions, opined Hill, serve... |
1987 |
| Derrick Bell |
Introduction to Gil Kujovich's Equal Opportunity in Higher Education and the Black Public College: the Era of Separate but Equal |
72 Minnesota Law Review 23 (October, 1987) |
The legal status of black colleges does not stir much excitement in academic circles these days. On the surface this disinterest is odd in that the core legal issue in the debate over black colleges is their entitlement to affirmative action. The affirmative action debate has encompassed both the level of appropriations and other state support for... |
1987 |
| Donald K. Hill |
Law School, Legal Education, and the Black Law Student |
12 Thurgood Marshall Law Review 457 (Summer, 1987) |
Many legal educators, members of the bench and bar focus on the wrong issue when they consider the legal education of Black students. Their focus is almost exclusively on the discontinuity between the number of Blacks who graduated from law school in a given year and the corresponding number of Blacks who fail the bar examination the first time... |
1987 |
| Mari J. Matsuda |
Looking to the Bottom: Critical Legal Studies and Reparations |
22 Harvard Civil Rights-Civil Liberties Law Review 323 (Spring, 1987) |
When you are on trial for conspiracy to overthrow the government for teaching the deconstruction of law, your lawyer will want black people on your jury. Why? Because black jurors are more likely to understand what your lawyer will argue: that people in power sometimes abuse law to achieve their own ends, and that the prosecution's claim to neutral... |
1987 |
| Michael W. Bowers , A. Costandina Titus |
Nevada's Black Book: the Constitutionality of Exclusion Lists in Casino Gaming Regulation |
9 Whittier Law Review 313 (1987) |
In recent years, states have found themselves having to look for new sources of revenue as they attempt to solve problems exacerbated by federal budget cuts and public-supported taxpayer revolts. One of the options they are considering is legalized casino gaming. In 1986, state referenda were held in Louisiana and Florida. According to a report... |
1987 |
| Dr. Patricia Allan Lucie |
White Rights as a Model for Black: Or-who's Afraid of the Privileges or Immunities Clause? |
38 Syracuse Law Review 859 (1987) |
All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States. From the perspective of modern American constitutional law,... |
1987 |
| Elise K. Bader |
A Film of a Different Color: Copyright and the Colorization of Black and White Films |
5 Cardozo Arts and Entertainment Law Journal 497 (1986) |
Progress in the field of computer technology has led to the development of patented processes which add color to films and television programs originally produced in black and white. The companies producing color versions of black and white films (the colorists'), as well as motion picture studios and other owners of copyrights in black and white... |
1986 |
| Benno C. Schmidt, Jr. |
A Postscript for Charles Black: the Supreme Court and Race in the Progressive Era |
95 Yale Law Journal 1681 (July, 1986) |
Charles Black's work in constitutional law is, like the slow politics of the text of the great Document itself, a statement of fundamental truths about our condition and aspirations that often takes a while to set in. As Harry Wellington has noted, few people had the sense to see The People and the Court when published in 1960 for what it should... |
1986 |
| Johnny Clyde Parker |
Civil Rights Legislation: Getting Black Executives off First Base in Professional Team-sports |
1986 Columbia Business Law Review 219 (1986) |
In the twenty-two years since the passage of the Civil Rights Act of 1964 most major industries have opened their doors to Black executives. Not only are Black executives being hired, but many major corporations actively recruit Blacks to fill meaningful positions in corporate America. It is no longer surprising to find Black executives filling... |
1986 |
| Daniel J. Meador |
Mr. Justice and Mrs. Black: the Memoirs of Hugo L. Black and Elizabeth Black |
39 Vanderbilt Law Review 1777 (November, 1986) |
The publication of Mr. Justice and Mrs. Black in February 1986 coincided with the one hundredth anniversary of Justice Hugo L. Black's birth. Two other events marked this occasion. The United States Postal Service issued a stamp in honor of the Justice, and shortly thereafter, the University of Alabama Law School, the Justice's alma mater, staged a... |
1986 |
| |
Published Works of Charles L. Black, Jr. |
95 Yale Law Journal 1573 (July, 1986) |
The Humane Imagination (Woodbridge, Conn.: Ox Bow Press, 1986). The Humane Imagination in the Great Society (Austin: Texas Committee for the Humanities, 1984), reprinted in C. Black, The Humane Imagination 1 (1986). The Waking Passenger (poetry) (New Orleans: New Orleans Poetry Journal Press Books, 1983). Decision According to Law (New York:... |
1986 |
| Sheri Lynn Johnson |
Black Innocence and the White Jury |
83 Michigan Law Review 1611 (June, 1985) |
Racial prejudice has come under increasingly close scrutiny during the past thirty years, yet its influence on the decisionmaking of criminal juries remains largely hidden from judicial and critical examination. In this Article, Professor Johnson takes a close look at this neglected area. She first sets forth a large body of social science research... |
1985 |
| Edward H. Shakin |
Black Police, White Society. By Stephen Leinen. New York: New York University Press. 1984. Pp. Ix, 280. $20. |
83 Michigan Law Review 900 (February, 1985) |
Stephen Leinen's Black Police, White Society seems torn between the author's desire both to create a sociological study and to tell the story of a group of individuals with a unique perspective on society and race relationsblack officers of the New York City Police Department (NYPD). The combination works at times, but Leinen's book does suffer... |
1985 |
| Robert L. Ramsey , Robert S. Habermann |
The Federal Black Lung Program-the View from the Top |
87 West Virginia Law Review 575 (Spring, 1985) |
The federal black lung program was instituted by Congress in 1969 to compensate coal miners and their dependents for totally disabling respiratory and pulmonary impairments arising as a direct consequence of coal mine employment. From its inception to the present day, the program has been limited in its scope of coverage. It was not intended by... |
1985 |
| David S. Bogen |
The Transformation of the Fourteenth Amendment: Reflections from the Admission of Maryland's First Black Lawyers |
44 Maryland Law Review 939 (1985) |
They are not included, and were not intended to be included, under the word citizens' in the Constitution. . . . A. The Significance of Citizenship in Dred Scott: An Overview B. Early Concepts of the Rights of Citizens C. Privileges and ImmunitiesInitial Interpretation D. Dred Scott qualified in all respects to be admitted to the Bar in... |
1985 |
| Charles L. Black, Jr. |
On Worrying about the Constitution |
55 University of Colorado Law Review 469 (Summer, 1984) |
I am not quite sure that my dear friend Betsy Levin has not been just a little worried about my title for this lecture a sort of meta-worry, if I may use one of those fashionable phrasings that give an impression without by any means guaranteeing the reality of the user's supple command of the most up-to-date philosophical niceties. Perhaps... |
1984 |
| Jennifer Roback |
Southern Labor Law in the Jim Crow Era: Exploitative or Competitive? |
51 University of Chicago Law Review 1161 (Fall, 1984) |
This paper explores the economic effects of certain Southern labor laws from the Jim Crow era. The motivation for these labor laws was to prevent movement of black laborers and increases in their wages. Throughout the period, we read of white planters pleading with one another to hold down black wages. White men have to stick together was the... |
1984 |
| Benno C. Schmdit, Jr. |
Principle and Prejudice: the Supreme Court and Race in the Progressive Era |
82 Columbia Law Review 835 (June, 1982) |
The most disastrous reversal in the situation of blacks between Reconstruction and the turn of the twentieth century concerned the right to vote. The enfranchisement of the large population of mainly illiterate former slaves and the promotion of the labor contract were the twin pillars of the Radical program for the freedmen. Both an extraordinary... |
1982 |
| Benno C. Schmidt, Jr. |
Principle and Prejudice: the Supreme Court and Race in the Progressive Era. Part 1: the Heyday of Jim Crow |
82 Columbia Law Review 444 (April, 1982) |
Herein lie buried many things which if read with patience may show the strange meaning of being black here at the dawning of the Twentieth Century. This meaning is not without interest . . . for the problem of the Twentieth Century is the problem of the color line. W.E.B. DuBois The Supreme Court's race relations decisions between 1910, when... |
1982 |
| Rodney A. Smolla |
Integration Maintenance: the Unconstitutionality of Benign Programs That Discourage Black Entry to Prevent White Flight |
1981 Duke Law Journal 891 (December, 1981) |
I. THE MECHANICS AND SEMANTICS OF INTEGRATION MAINTENANCE. 893 A. The Sociological Debate Over Tipping. 893 1. The Convergent-Expectation Model. 893 2. The Empirical Evidence. 895 3. The Role of Future Expectations and Fear. 897 B. Community Plans to Prevent Tipping. 898 II. THE ILLEGALITY OF INTEGRATION MAINTENANCE. 901 A. An Overview: The... |
1981 |
| William Van Alstyne |
Slouching Toward Bethlehem with the Ninth Amendment |
91 Yale Law Journal 207 (November, 1981) |
When Charles Black writes, he writes with the certitude and righteousness of an Old Testament prophet. In Decision According to Law, he has done so again. Taking as his text the Ninth Amendment, he seeks a new way to legitimate the ancient tendency of judges to overrun their office with good deeds. And he reconciles this legitimation of judicial... |
1981 |
| David M. Bixby |
The Roosevelt Court, Democratic Ideology, and Minority Rights: Another Look at United States V. Classic |
90 Yale Law Journal 741 (March, 1981) |
I. Minorities, Majorities, and a New Ideology 746 A. The Tyranny of the Majority Revisited 746 B. Group Conflict and Unrestrained Majoritarianism 752 C. Preserving the Democratic System 759 II. The Court and the Politics of Unreason 761 A. Harlan Fiske Stone 762 B. Felix Frankfurter 767 C. Frank Murphy 770 D. Hugo L. Black 774 E. William O. Douglas... |
1981 |
| David Kaye |
Searching for Truth about Testing |
90 Yale Law Journal 431 (December, 1980) |
Irma: People always ring the doorbell when I cannot hear it because I am wearing stereo headphones. Maude: You must be able to hear it; otherwise you could not tell anyone was ringing it. Maude's response shows that she had assumed that (A) the doorbell does not ring when Irma is wearing headphones (B) Irma's visitors never ring the doorbell unless... |
1980 |
| Howard C. Westwood |
To Set the Law in Motion-the Freedmen's Bureau and the Legal Rights of Blacks, 1865-1868 |
80 Columbia Law Review 204 (January, 1980) |
In all our two hundred years of groping for human welfare no effort was more ambitious than that of the Freedmen's Bureau. Yet the Bureau has been sorely neglected by historians, and all but ignored by legal scholars. Professor Nieman's studyan exhaustive examination of the Bureau's attempt to assert and protect equal rights for the newly freed... |
1980 |