AuthorTitleCitationSummaryYear
Anna Blackburne-Rigsby The Importance of a Diverse Judiciary to Closing the Historic "Health" Gap Between Blacks and Whites, and President Obama's Legacy 60 Howard Law Journal 641 (Spring, 2017) INTRODUCTION. 642 I. WHY IS DIVERSITY IN THE COURTS IMPORTANT?. 643 II. THE HEALTH GAP BETWEEN BLACKS AND WHITES. 648 A. Introduction. 648 B. Slavery, the Constitution, and the Beginnings of the Health Gap. 650 C. The Separate but (Not) Equal Doctrine. 653 D. Simkins v. Moses H. Cone Memorial Hospital and the Civil Rights Act of 1964. 656 E.... 2017
Rafael A. Porrata-Doria, Jr. The Lawyer as Historian: Professor Henry Richardson and the Origins of African American Interests in International Law 31 Temple International and Comparative Law Journal 277 (Spring, 2017) Professor Henry Richardson is well known for his extensive, provocative, and groundbreaking work on international law and legal theory. His book, The Origins of African-American Interests in International Law, shows his skills as a historian and represents a valuable addition to the literature of history, international law, and American... 2017
Kenneth L. Lewis, Jr. The Naimbian Holocaust: Genocide Ignored, History Repeated, Yet Reparations Denied 29 Florida Journal of International Law 133 (April, 2017) I. Introduction. 134 II. The Namibian Holocaust. 136 III. The Annihilation of the Indigenous Namibian People Was Unlawful Under International Law, Treaties, and Conventions. 138 A. Germany Violated Customary International Law. 138 B. Germany Violated the 1899 Hague Convention. 139 IV. Germany's Reasons for not Compensating the Namibian People Are,... 2017
James Oakes The Only Effectual Way: the Congressional Origins of the Thirteenth Amendment 15 Georgetown Journal of Law and Public Policy 115 (Winter, 2017) In retrospect, it seems obvious that the easiest way to destroy slavery was to add an amendment to the Constitution abolishing the institution throughout the United States. But until 1864 the amendment never struck Republicans--or even abolitionists--as necessary or even desirable. This was in part because antislavery politics were based on the... 2017
Roy Dripps The Persistence of Memory: the Continuing Influence of Antebellum Missouri Laws Regarding African Americans 20 Scholar: St. Mary's Law Review on Race and Social Justice 57 (2017) I. Background. 60 II. Missouri Slave Laws: Overview. 65 III. The Roots of Missouri Slave Laws: The Louisiana Territory. 66 IV. Missouri State Laws Regarding Slaves. 70 V. Conclusion. 83 2017
Brian Sawers The Poll Tax Before Jim Crow 57 American Journal of Legal History 166 (June, 2017) The poll tax is best known as a tool of disenfranchisement. Before Jim Crow, however, the poll tax served a variety of other fiscal and social purposes. Initially, the poll tax was a mainstay of colonial taxation, especially in the southern colonies. After independence, the fiscal importance of the poll tax waned, but its role as a tool of social... 2017
Sheri Lynn Johnson , John H. Blume , Hannah L. Freedman The Pre-furman Juvenile Death Penalty in South Carolina: Young Black Life Was Cheap 68 South Carolina Law Review 331 (Spring, 2017) I. The Youngest of the Young: Fourteen-Year-Olds Sentenced to Die. 334 A. George Stinney, Jr.. 335 B. Milbry Brown. 337 C. Clarence Lowman. 338 D. Mack Thompson. 340 II. Pre-Furman Juvenile Death Sentences in South Carolina by the Numbers. 341 A. A Nationwide Overview of Juvenile Executions from 1865-1972. 341 B. An Overview of Juvenile Death... 2017
Angela Onwuachi-Willig The Promise of Lutie A. Lytle: an Introduction to the Tenth Annual Commemorative Lutie A. Lytle Black Women Law Faculty Workshop Iowa Law Review Issue 102 Iowa Law Review 1843 (July, 2017) It is with great pleasure and pride that I offer this introduction and welcome to this special Iowa Law Review issue in celebration of the Tenth Annual Commemorative Lutie A. Lytle Black Women Law Faculty Workshop. Named after Lutie A. Lytle, an African American woman who became the first female law professor in the nation (and, likely, in the... 2017
DeShayla M. Strachan The Triple Threat: the Black, Female Attorney 11 Southern Journal of Policy and Justice 112 (Fall, 2017) In a world defined by gender and race, women and blacks constantly struggle with their identity. Although they may seem like vestiges of the past, these gender and racial issues still live on. To be heard, to be treated equally, and to be seen as more than a stereotype are still major challenges for women and blacks. For the black woman in... 2017
Michelle S. Jacobs The Violent State: Black Women's Invisible Struggle Against Police Violence 24 William and Mary Journal of Women and the Law 39 (Fall, 2017) Introduction I. The Historical View A. Stereotypes About Black Women 1. Black Women as Governed by Libido and Loose Morals 2. Black Women as Liars 3. Black Women as Man-Like and Aggressive II. Black Women Are Murdered and Assaulted by the Police A. Invisible Homicides Committed by the Police 1. Black Women with Mental Health Issues Are... 2017
Marsha Levick Through Rose-colored Glasses: the Twenty-first Century Juvenile Court 42 Human Rights 23 (2017) A curious thing happened as we turned the corner to the twenty-first century: The juvenile justice system began to pivot to its founding principles that children who commit crimes should be treated differently from adults, a principle first articulated more than a century ago with the establishment of the first juvenile court in Cook County,... 2017
Taylor Mioko Dewberry Title Vii and African American Hair: a Clash of Cultures 54 Washington University Journal of Law & Policy 329 (2017) Vanessa Van Dyke's hair is a distraction--school officials said when they threatened to expel her for wearing her naturally curly afro. At only ten years old, Van Dyke was marginalized for wearing her natural hair. She did not want to cut her hair because, like many African American women, her hair is part of her identity--It says I'm unique .... 2017
Craig A. Landy When Men Amongst Us, Shall Cease to Be Slaves 12 Judicial Notice 42 (2017) In honor of the 150 anniversary of the Emancipation Proclamation, President Barack Obama called upon all Americans to observe January 1, 2013 with appropriate ceremonies and activities to celebrate the proclamation and the timeless principles it upheld. Over the years, however, celebration of the Emancipation Proclamation has eclipsed another... 2017
Leslie P. Culver White Doors, Black Footsteps: Leveraging "White Privilege" to Benefit Law Students of Color 21 Journal of Gender, Race and Justice 37 (Winter 2017) Law students of color typically avoid seeking the mentorship of white law professors, largely white males, finding female faculty and faculty of color more approachable and willing to serve as mentors. Yet, according to recent ABA statistics, white people make up eighty-eight percent of the legal profession, with sixty-four percent being male. In... 2017
Crystal Oparaeke White Milk, Black Market: a Call for the Regulation of Human Breast Milk over the Internet 60 Howard Law Journal 561 (Winter, 2017) INTRODUCTION. 562 I. BRIEF HISTORY OF BREASTFEEDING. 566 II. WHY DEMAND FOR HUMAN BREAST MILK OVER THE INTERNET IS INCREASING. 568 A. The Government's Role in the Demand for Human Breast Milk. 568 B. Obstacles to Breastfeeding. 573 C. Alternative Uses and Demands for Breast Milk. 577 D. Breast May Not Be Best. 578 III. HUMAN BREAST MILK SHARING AS... 2017
Teri A. McMurtry-Chubb #Sayhername #Blackwomenslivesmatter: State Violence in Policing the Black Female Body 67 Mercer Law Review 651 (Winter 2016) On June 30, 1974, Alberta Williams King was shot and killed in the sanctuary of Ebenezer Baptist Church in Atlanta, Georgia as she played the organ for Sunday morning service. Mrs. King, seventy years old, was the mother of the Reverend Dr. Martin Luther King, Jr. News of her death was overshadowed by four Black men: her son, killed six years... 2016
Andrea J. Ritchie #Sayhername: Racial Profiling and Police Violence Against Black Women 41 Harbinger 187 (8/11/2016) As the nation wrestles with the relentless reality of police violence against Black, Brown and Indigenous bodies and the enduring impacts of mass incarceration on individuals, families and communities of color, we also continue to grapple with invisibility and erasure of women's experiences of state violence. In November of 2015, I had the distinct... 2016
Jennifer H. Peck, Wesley G. Jennings, University of Central Florida, University of South Florida A Critical Examination of "Being Black" in the Juvenile Justice System 40 Law and Human Behavior 219 (June, 2016) The current study examined the role of race in juvenile court outcomes across 3 decision-making stages. This analysis was conducted with a random sample of all delinquent referrals in a Northeast state from January 2000 through December 2010 (N = 68,188). In addition to traditional logistic regression analysis, a propensity score matching (PSM)... 2016
Reginald Leamon Robinson A Dark Secret Too Scandalous to Confront: Did the Moynihan Report Imply That Poor Black Caregivers' Parenting Style and Childhood Cruelties Were Strongly Correlated with Self-perpetuating Pathologies? 8 Georgetown Journal of Law & Modern Critical Race Perspectives 103 (Spring, 2016) The resistance to seeing the pain of deprived neglected, or abused children has a long history. All psychopathology constitutes primary or secondary disorders of bonding or attachment and manifests itself as disorders of self- and/or interactional regulation. In 1965 or today, any existential murder of a child, especially in the earliest years of... 2016
Bernice B. Donald , Erica Bakies A Glimpse Inside the Brain's Black Box: Understanding the Role of Neuroscience in Criminal Sentencing 85 Fordham Law Review 481 (November, 2016) It is not a secret: size matters. And where it matters most is within the most complex structure in the universe--the brain, a mass of gray and white matter that controls an extraordinary number of functions and processes that allow us to walk, talk, breathe, reason, feel emotions, and perceive and experience the world around us. While we have made... 2016
Carla Adkison-Johnson , Jeffrey Terpstra , Jamie Burgos , E. Dorphine Payne African American Child Discipline: Differences Between Mothers and Fathers 54 Family Court Review 203 (April, 2016) Child rearing methods used in African American homes have been the subject of much commentary among social scientists, child welfare, and legal personnel. Much of the deliberation has centered on firm disciplinary techniques used by African American mothers. However, few studies have included the perspectives of African American fathers. This study... 2016
Irving Joyner African American Political Participation in North Carolina: an Illusion or Political Progress? 6 Wake Forest Journal of Law and Policy 85 (February, 2016) Since the beginning of the American democracy, Africans--both free and slave--have often encountered prohibitions in voting. Even when officially recognized as citizens after the Civil War, African Americans continued to encounter limitations when they sought to exercise their right to vote and have been locked in an ongoing battle with segments of... 2016
Steven L. Nelson, J.D., Ph.D. , Heather N. Bennett, Esq. Are Black Parents Locked out of Challenging Disproportionately Low Charter School Board Representation? Assessing the Role of the Federal Courts in Building a House of Cards 12 Duke Journal of Constitutional Law & Public Policy 153 (Fall, 2016) The state of Minnesota established the first charter school in the United States in 1991. In the roughly quarter century since then, charter schools have experienced exponential growth. As of 2015, nearly every state in the union has charter school authorizing legislation. In addition to experiencing rapid growth in support among policymakers,... 2016
Margalynne J. Armstrong Are We Nearing the End of Impunity for Taking Black Lives? 56 Santa Clara Law Review 721 (2016) Introduction. 722 I. Legal Protections (or a Lack Thereof) for the Lives of Slaves. 724 A. African Bondage. 724 B. The Legality of Murdering Slaves in North America. 729 C. Runaways, Patterollers, and the Fugitive Slave Act: Deputizing White Communities to Regulate Black Presence. 732 1. Patterollers. 733 2. No rights which the white man is bound... 2016
Mark Walsh B for Black 102-AUG ABA Journal 20 (August, 2016) The U.S. Supreme Court spoke with a little extra emphasis, if not unanimity, when it ruled late in its term that the state of Georgia had violated the U.S. Constitution by striking two jurors on the basis of race in a capital murder case. Two peremptory strikes on the basis of race are two more than the Constitution allows, Chief Justice John G.... 2016
Nancy E. Dowd Black Boys Matter: Developmental Equality 45 Hofstra Law Review 47 (Fall, 2016) [T]he question of how one should live within a black body, within a country lost in the Dream, is the question of my life .. --Ta-Nehisi Coates The American Dream is one of equality and opportunity; the ability to succeed and be whoever and whatever one wants to be, limited only by one's own drive and talent. But for Black boys, this is not the... 2016
R.A. Lenhardt Black Citizenship Through Marriage? Reflections on the Moynihan Report at Fifty 25 Southern California Interdisciplinary Law Journal 347 (Spring 2016) I. Introduction: Black Citizenship Through Marriage? II. Unpacking The Moynihan Report's Account of Marriage and Black Citizenship III. Black Marriage inequality in the Age of Obergefell IV. Why NonmaritaL Black Families Matter V. Conclusion: The Place of Black Families in the New Movement for Civil Rights What are the necessary conditions for full... 2016
M Adams , Max Rameau Black Community Control over Police 2016 Wisconsin Law Review 515 (2016) The Moment: From Uprising to Organizing. 515 I. Principles & Objectives. 518 II. Analysis. 520 A. Root Issue Versus Surface Issue. 520 B. Domestic Colonies: The Police as an Occupying Force. 521 C. Racial Prejudice Is Not the Problem. 524 1. Individual Racist Police. 524 2. End the Occupation and Shift Power. 525 III. The Proposition. 528 A. A... 2016
Andrea L. Dennis Black Contemporary Social Movements, Resource Mobilization, and Black Musical Activism 79 Law and Contemporary Problems 29 (2016) In the last few years a grassroots social movement has emerged from the Black community. This movement aims to eliminate police and vigilante violence against Blacks nationwide. Blacks in America have long been subjected to this violence, and the issue has recently captured the country's attention. Multiple groups are pressing for change, including... 2016
Mary Crossley Black Health Matters: Disparities, Community Health, and Interest Convergence 22 Michigan Journal of Race and Law 53 (Fall, 2016) Health disparities represent a significant strand in the fabric of racial injustice in the United States, one that has proven exceptionally durable. Many millions of dollars have been invested in addressing racial disparities over the past three decades. Researchers have identified disparities, unpacked their causes, and tracked their trajectories,... 2016
Samuel H. Pillsbury Black Lives Matter 13 Ohio State Journal of Criminal Law 567 (Spring, 2016) Jill Leovy, Ghettoside: A True Story of Murder in America (2015). Please write about it. Please! A mother pleading with a reporter to write about her son's murder (P. 37.) A great story teller sweeps you away. The story begins and all you want to do is ride the wave of words to its end. Jill Leovy begins her book, Ghettoside, about the police... 2016
Osagie K. Obasogie , Zachary Newman Black Lives Matter and Respectability Politics in Local News Accounts of Officer-involved Civilian Deaths: an Early Empirical Assessment 2016 Wisconsin Law Review 541 (2016) The Black Lives Matter movement launched in July 2013 after George Zimmerman was acquitted by a Florida jury in the shooting death of seventeen-year-old Trayvon Martin, an unarmed Black male. The incident giving rise to this emerging social movement -- where the hoodie became a key part of widespread public debates on whether certain attributes... 2016
Devon W. Carbado Blue-on-black Violence: a Provisional Model of Some of the Causes 104 Georgetown Law Journal 1479 (August, 2016) This Article offers a theoretical model that explains the persistence of what I will call blue-on-black violence. Six features comprise the model. First, a variety of social forces converge to make African-Americans vulnerable to ongoing police surveillance and contact. Second, the frequency of this surveillance and contact exposes African-... 2016
Wendy Marie Laybourn , Gregory S. Parks Brotherhood and the Quest for African American Social Equality: a Story of Phi Beta Sigma 16 University of Maryland Law Journal of Race, Religion, Gender and Class 1 (Spring, 2016) The common narrative about African Americans' quest for social justice and Civil Rights during the Twentieth Century consists, largely, of men and women working through organizations to bring about change. The typical list of organizations includes, inter alia, the National Association for the Advancement of Colored People, the National Urban... 2016
Gabriel J. Chin , Daniel K. Tu Comprehensive Immigration Reform in the Jim Crow Era: Chinese Exclusion and the Mccreary Act of 1893 23 Asian American Law Journal 39 (2016) I. The Problem of Chinese Immigration. 42 II. Why Did Congress Grant Relief?. 46 A. Executive Enforcement Policy and the Practical Impossibility of Deportation.. 46 B. Anti-Racist Views in Congress. 51 C. Popular Constitutionalism: Due Process in Spite of the Court. 53 D. Missionaries and the Institutional Church. 57 E. A Relief Bill Becomes an... 2016
Gwendolyn Gordon Culture in Corporate Law Or: a Black Corporation, a Christian Corporation, and a Mori Corporation Walk into a Bar . 39 Seattle University Law Review 353 (Winter, 2016) Recent Supreme Court cases have entrenched a new image of corporate civic identity, assigning to the corporate person rights and abilities based upon the cultural characteristics, social ties, civic commitments, and internal lives of the human beings involved in it. This vision of the corporation is exemplified in recent cases implicating a... 2016
Melissa Fussell Dead Men Bring No Claims: How Takings Claims Can Provide Redress for Real Property Owning Victims of Jim Crow Race Riots 57 William and Mary Law Review 1913 (April, 2016) Introduction. 1914 I. A Real Property Remedy for Race Riot Victims. 1917 A. Race Riots as a Source of Real Property Claims. 1917 B. The Ocoee Riot and Real Property Claims. 1919 C. Standing for Descendants of Property Takings Victims. 1924 II. A Takings Claim Solution to the Real Property Harms of Race Riots. 1926 A. Physical Occupation of Real... 2016
Alberto Bernabe Do Black Lives Matter? Race as a Measure of Injury in Tort Law 18 Scholar: St. Mary's Law Review on Race and Social Justice 41 (2016) I. Introduction. 41 II. The Facts and Allegations that Gave Rise to the Issue in Cramblett. 46 III. Wrongful Birth and Wrongful Life Claims. 48 IV. Wrongful Pregnancy Claims. 55 V. Is There a Basis for Relief in Cramblett?. 56 A. Relevant Case Law. 56 B. Cramblett's Unpersuasive Argument. 59 VI. The Impact of Modern Reproductive Technologies. 67... 2016
Catherine Millas Kaiman Environmental Justice and Community-based Reparations 39 Seattle University Law Review 1327 (Summer, 2016) C1-2Contents Introduction. 1328 I. Environmental Justice Case Study: Old Smokey. 1331 II. The Environmental Justice Movement. 1334 A. The Early Days of Environmental Justice. 1336 B. Environmental Justice Progress. 1338 III. Tools and Barriers. 1339 A. Environmental Laws. 1340 1. National Environmental Protection Act. 1342 2. Executive Order... 2016
Garrett Power Eugenics, Jim Crow & Baltimore's Best 49-DEC Maryland Bar Journal 4 (November/December, 2016) During the first half of the twentieth century, Jim Crow laws denied suffrage, housing, education, and justice to black Baltimoreans. These laws were conceived and implemented by Baltimore's leading attorneys. Why did the Best ofF the Bar choose to be the active agents of white supremacy and racial segregation? Perhaps history has an answer.... 2016
Nicole D. Porter Expanding Public Safety in the Era of Black Lives Matter 70 University of Miami Law Review 533 (Winter, 2016) Traditional public safety responses to crime involve interactions with the criminal justice system. However, recent killings by police of unarmed black men, women, and children have led to a national dialogue on the fundamental strategy of public safety. The narrative of Black Lives Matter offers a new framework for policymakers, activists,... 2016
Erin Lain Experiences of Academically Dismissed Black and Latino Law Students: Stereotype Threat, Fight or Flight Coping Mechanisms, Isolation and Feelings of Systemic Betrayal 45 Journal of Law and Education 279 (Summer, 2016) This study examined the law school environment as perceived by Black and Latino students who were academically dismissed from law school. This study focused on the perceptions of the former students, as opposed to the institutional perspective, which is unique to this field of inquiry. Strange and Banning's comprehensive ecological model on... 2016
David L. Attanasio Extraordinary Reparations, Legitimacy, and the Inter-american Court 37 University of Pennsylvania Journal of International Law 813 (Spring 2016) Introduction. 815 2. Inter-American Reparations and the Problem of Legitimacy. 823 2.1. The Reparations Jurisprudence of the Inter-American Court. 823 2.2. Traditional Corrective Justice and Requirements for Genuine Reparations. 832 2.3. Requirements for Genuine Reparations and the Problem of Legitimacy. 837 3. Cessation of Human Rights... 2016
Anthony W. Flores, Kristin Bechtel, Christopher T. Lowenkamp, California State University, Bakersfield, Crime and Justice Institute at CRJ, Administrative Office of the United States Courts, Probation and Pretrial Services Office False Positives, False Negatives, and False Analyses: a Rejoinder to "Machine Bias: There's Software Used Across the Country to Predict Future Criminals. And It's Biased Against Blacks." 80-SEP Federal Probation 38 (September, 2016) The validity and intellectual honesty of conducting and reporting analysis are critical, since the ramifications of published data, accurate or misleading, may have consequences for years to come. --Marco and Larkin, 2000, p. 692 PROPUBLICA RECENTLY RELEASED a much-heralded investigative report claiming that a risk assessment tool (known as the... 2016
Joƫlle Anne Moreno Flagrant Police Abuse: Why Black Lives (Also) Matter to the Fourth Amendment 21 Berkeley Journal of Criminal Law 36 (Fall, 2016) Constitutional rights pivot on problems of proof. But traditional academic distinctions between procedural rules of evidence and substantive questions of constitutional law impede our understanding of how law works. In particular, how law works to identify, constrain, and remedy police abuse of constitutional rights. Treating rights and... 2016
Donald F. Tibbs , Shelly Chauncey From Slavery to Hip-hop: Punishing Black Speech and What's "Unconstitutional" about Prosecuting Young Black Men Through Art 52 Washington University Journal of Law & Policy 33 (2016) Writing rap lyrics--even disturbingly graphic lyrics, like defendant's--is not a crime. Our criminal justice system is in an existential and constitutional crisis. We no longer know who we are or who we want to be. Over the past two decades, America has waged an increasingly punitive war on crime, and the casualties of that war have... 2016
Mark Walsh Future Dangerousness 102-OCT ABA Journal 20 (October, 2016) The U.S. Supreme Court opens its new term this month with its vacant seat unresolved, its future makeup subject to presidential politics, and a docket that--for now--is its thinnest in several years. Nevertheless, in their first week of arguments, the justices will dive right back into the conspicuous issue of race in the criminal justice system,... 2016
Shannon Joyce Prince Green Is the New Black: African American Literature Informing Environmental Justice Law 32 Journal of Environmental Law & Litigation 33 (2016) Introduction. 34 I. Trees Are People Too?. 34 II. Greenlining. 38 III. What's the Fairest of Them All?. 41 IV. The Black (Family) Tree. 46 V. Savage Conservation. 57 VI. Green Like Me?. 66 Conclusion. 70 2016
Donald G. Gifford , Brian Jones Keeping Cases from Black Juries: an Empirical Analysis of How Race, Income Inequality, and Regional History Affect Tort Law 73 Washington and Lee Law Review 557 (Spring, 2016) I. Introduction. 559 II. The Role of Substantive Law in Denying Plaintiffs Access to Juries. 568 A. The Expansion of Jury Access in Tort Law. 571 B. Tort Doctrines that Deny Plaintiffs Access to Juries. 573 1. The Choice Between Contributory Negligence and Comparative Fault. 574 2. Limited Duty Rules in Premises Liability Cases. 575 3. Other... 2016
Alfred L. Brophy , Douglas Thie Land, Slaves, and Bonds: Trust and Probate in the Pre-civil War Shenandoah Valley 119 West Virginia Law Review 345 (Fall, 2016) Abstract. 346 Introduction. 347 I. Inheritance and Slavery in Literature of the Shenandoah Valley. 348 A. Inheritance in the Literature of the Shenandoah Valley. 350 B. Inheritance in Southern Literature Beyond the Shenandoah Valley. 355 C. Controversy Over Slavery in the Shenandoah Valley. 358 II. Virginia Inheritance Law in the Era of Market... 2016
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