AuthorTitleCitationSummaryYear
Fred L. Borch, Regimental Historian & Archivist Adam E. Patterson: First African American Judge Advocate in History 2015-FEB Army Lawyer 1 (February, 2015) The first African-American lawyer to join our Corps-then known as the Judge Advocate General's Department--was Adam E. Patterson. He had practiced law in Oklahoma and Illinois for more than fifteen years before being appointed as a Major, Division Judge Advocate, 92d Division, American Expeditionary Force, by General John J. Pershing on October 5,... 2015
Eleanor Marie Lawrence Brown An Alternative View of Immigrant Exceptionalism, Particularly as it Relates to Blacks: a Response to Chua and Rubenfeld 103 California Law Review 989 (August, 2015) The contrast between Amy Chua and Jed Rubenfeld's The Triple Package (Chua & Rubenfeld 2.0) and Chua's previous work, World on Fire (Chua 1.0), is striking. Chua & Rubenfeld 2.0 contends that particular ethnic and religious groups are spectacularly successful in the United States because of a triple package of traits that are largely cultural;... 2015
Decio Coviello, Nicola Persico An Economic Analysis of Black-white Disparities in the New York Police Department's Stop-and-frisk Program 44 Journal of Legal Studies 315 (June, 2015) We introduce a model to explore the identification of two distinct sources of bias in the New York Police Department's stop-and-frisk program: the police officer making the stop decisions and the police chief allocating personnel across precincts. We analyze 10 years of data from the stop-and-frisk program in light of this theoretical framework. We... 2015
Bret D. Asbury Backdoor to Eugenics? The Risks of Prenatal Diagnosis for Poor, Black Women 23 Duke Journal of Gender Law & Policy Pol'y 1 (Fall 2015) This article is situated at the intersection of three of the conference's stated subject areas: Race and Healthcare, Reproductive Rights, and Race and the Family. My recent research has focused on the manner in which pregnant women who learn of fetal genetic abnormalities prenatally receive counseling as they decide whether to terminate or bring... 2015
Kim D. Chanbonpin Between Black and White: the Coloring of Asian Americans 14 Washington University Global Studies Law Review 637 (2015) While reporting on the civil unrest that followed the police killing of Mike Brown in Ferguson, Missouri last August, Fox News host Bill O'Reilly became enraged when his guest Megyn Kelly suggested that race-based privilege shields White people from police violence while it simultaneously subordinates Black people. After the brief on-air debate,... 2015
Eli Wald Biglaw Identity Capital: Pink and Blue, Black and White 83 Fordham Law Review 2509 (April, 2015) A Caucasian male attorney joins a large law firm as a first year associate. In addition to his regular heavy workload, he is often invited to attend various firmwide events and functions, but his occasional absences are accepted and presumed to be the result of his work ethic and long billable hours. Over time, he receives a steady flow of... 2015
Jasmine Phillips Black Girls and the (Im)possibilities of a Victim Trope: the Intersectional Failures of Legal and Advocacy Interventions in the Commercial Sexual Exploitation of Minors in the United States 62 UCLA Law Review 1642 (August, 2015) The Trafficking Victims Protection Act (TVPA) considers all youth less than eighteen years of age trafficking victims without a showing of force, fraud, or coercion. The presumption is that minors cannot legally consent to sex and thus are always victims. Being characterized as a victim helps youth access support services and avoid prosecution in... 2015
Leslie T. Grover , Eric Horent Black in the South: Policy Implications of Racial Disparity for the Working Poor 17 Loyola Journal of Public Interest Law 145 (Fall, 2015) Introduction I. Black Workers and Inequality II. Methodology III. Findings IV. Policy Implications A. Education B. Health C. Mass Incarceration D. Low-Paying Jobs Conclusion 2015
Vickie Casanova Willis, Standish E. Willis Black People Against Police Torture: the Importance of Building a People-centered Human Rights Movement 21 Public Interest Law Reporter 235 (Symposium, 2015) Sometimes history takes things into its own hands. - Thurgood Marshall That power concedes nothing without a demand is an oft-quoted concept. When Frederick Douglass made this declaration in 1857 as part of his West India Emancipation speech, he also foretold the Chicago Police Torture saga in stating Who would be free, themselves must strike... 2015
W. Nicholson Price II Black-box Medicine 28 Harvard Journal of Law & Technology 419 (Spring, 2015) C1-2Table of Contents I. Introduction. 420 II. A New Conception of Personalized Medicine. 424 A. Revolution in Personalized Medicine. 425 1. What Is Personalized Medicine?. 425 2. Explicit Personalized Medicine. 427 3. Implicit Personalized Medicine: Black-Box Medicine. 429 a. Big Data. 430 b. Black-Box Algorithms. 432 B. The Benefits of Black-Box... 2015
Stephen Clowney Boundary Work in Black Middle-class Communities 2 Savannah Law Review 225 (2015) Most African Americans are not poor. In fact, an overwhelming majority of black Americans are squarely entrenched in the rungs of the (lower) middle class. Despite this statistical reality, almost all of the legal scholarship on African Americans focuses on the struggles of the very poorest black citizens. Articles on welfare benefits,... 2015
Jeannine Bell Can't We Be Your Neighbor? Trayvon Martin, George Zimmerman, and the Resistance to Blacks as Neighbors 95 Boston University Law Review 851 (May, 2015) Introduction -- A Racialized Neighborhood Killing. 852 I. The Defense of Neighborhood Property. 854 A. Not Just Watching: Neighborhood Policing Through Anti-Integrationist Violence. 856 B. Non-White Perpetrators. 859 C. Neighborhood Hate Crimes in the Land of Flowers: Anti-Integrationist Violence in Florida. 861 II. Black In-Migration and the... 2015
Ashok Chandran Color in the "Black Box": Addressing Racism in Juror Deliberations 5 Columbia Journal of Race and Law 28 (2015) The idea of trial by an impartial jury lies at the core of American criminal justice. Yet racism--both explicit and implicit--often has profound impacts on the administration of criminal law and criminal procedure. Such bias manifests itself at all levels of the system, including the deliberative process itself. Currently, however, defendants of... 2015
Jennifer Nwachukwu Community Development Vs. Economic Development: Residential Segregation, Tax Credits, and the Lack of Economic Development in Baltimore's Black Neighborhoods 5 University of Baltimore Journal of Land and Development 1 (Fall, 2015) In 1967, the National Advisory Commission on Civil Disorders penned one of the most famous statements about race in America: Our nation is moving toward two societies, one black, one white--separate and unequal. For the city of Baltimore, MD, that statement rings true even in 2013. Outsiders think of Baltimore through the lens of HBO's The Wire.... 2015
Eric W. Rise Crime, Comity and Civil Rights: the Naacp and the Extradition of Southern Black Fugitives 55 American Journal of Legal History 119 (January, 2015) would like to thank Larry Reilly for his generous service, expert editorial guidance, and ecumenical spirit that allowed a wide range of legal scholarship to flourish in the pages of the American Journal of Legal History. Legal historians of the United States are familiar with the efforts of antislavery lawyers in the nineteenth century to aid... 2015
Adam Kassner Diggin' Deep into Gold Fields: South Africa's Unrealized Black Economic Empowerment in the Shadows of Executive Discretion 48 Cornell International Law Journal 667 (Fall 2015) Introduction. 668 I. The Evolution of Black Economic Empowerment. 669 A. BEE's Origins. 669 B. Black Economic Empowerment in Practice. 672 C. The Gold Fields Case Study: (Selective) Black Economic Empowerment. 674 II. Broad-Based Black Economic Empowerment: Winning the Battle But Not the War. 677 A. The Broad-Based Black Economic Empowerment Act of... 2015
Ellen Marrus Education in Black America: Is it the New Jim Crow? 68 Arkansas Law Review 27 (2015) Our children are our future. How many times have you heard that saying? We often say it to encourage young people to think about their future responsibilities. Adults think about it as we remember how important children are to the well-being of our nation. This phrase has even been used in song: [T]he children are our future. Teach them well and... 2015
L. Patricia Mock Effective Outreach to Underserved Communities of Color: an Arduous Sojourn to Cultivate and Attain Trust 17 Thomas M. Cooley Journal of Practical and Clinical Law 51 (2015) This article examines parallel outreach initiatives employed by a law school clinic to reach two underserved communities of color. It describes the experiences and the lessons learned about structuring outreach to such communities. The article suggests steps a similar office might take to successfully achieve a reputation of offering an inclusive... 2015
  Election Law 42 No. 8 Preview of United States Supreme Court Cases 313 (8/1/2015) Overview: The Alabama Legislative Black Caucus and Alabama Democratic Conference challenged the Alabama 2012 state legislative districting plans on the ground that they impermissibly classified voters on the basis of race in violation of the Equal Protection Clause. Plaintiffs relied on the line of racial gerrymandering beginning with Shaw v. Reno,... 2015
Timothy S. Huebner Emory Speer and Federal Enforcement of the Rights of African Americans, 1880-1910 55 American Journal of Legal History 34 (January, 2015) As editor of the American Journal of Legal History, Larry Reilly has had a keen interest in publishing pieces about unsung heroes. Asked to take the helm at a difficult moment in the Journal's history, he has, in less than a decade, put it on a path to remarkable success--making him an unsung hero as well. I therefore am honored to participate in... 2015
  Equal Protection Clause--racial Gerrymandering-- Alabama Legislative Black Caucus V. Alabama 129 Harvard Law Review 281 (November, 2015) Following the Voting Rights Act of 1965 (VRA), Congress required a number of states--particularly Southern ones with a history of disenfranchising blacks--to gain preclearance from the Department of Justice (DOJ) before enacting voting-law changes. But in 2013 with Shelby County v. Holder, the Supreme Court struck down section 4, the VRA's... 2015
Rachel Santarelli Exploring Viable Options for Class Actions for Underrepresented African-american Professors in American Universities Post-wal-mart V. Dukes 20 Texas Journal on Civil Liberties & Civil Rights 211 (Fall-Spring, 2014-2015) I. Introduction. 212 II. Overview of Employment Discrimination Law and Class Action. 214 A. Title VII. 214 B. Disparate Treatment and Disparate Impact. 215 C. Class Actions. 216 1. The Across-the-Board Approach--Before Falcon. 217 2. General Telephone Company of the Southwest v. Falcon Decision. 219 3. After Falcon. 220 III. Wal-Mart Decision. 221... 2015
Liza Guerra Garcia Free the Land : a Call for Local Governments to Address Climate-induced Food Insecurity in Environmental Justice Communities 41 William Mitchell Law Review 572 (2015) I. Introduction. 573 II. Climate Change. 574 A. The Science of Climate Change. 576 B. Impacts and Projections. 577 C. Minnesota's Changing Climate. 580 III. Overview of Environmental Justice. 582 IV. Environmental Justice and Food Security. 585 A. The Nexus of Environmental Justice, Vulnerability, and Food Insecurity. 585 B. Urban Indigenous... 2015
Dr. Jeremy I. Levitt Fuck Your Breath: Black Men and Youth, State Violence, and Human Rights in the 21st Century 49 Washington University Journal of Law & Policy 87 (2015) During bad circumstances, which is the human inheritance, you must decide not to be reduced. You have your humanity, and you must not allow anything to reduce that. We are obliged to know we are global citizens. Disasters remind us we are world citizens, whether we like it or not. --Maya Angelou I cherish my breath; it is an invaluable gift that I... 2015
Jessica L. Roberts, Assistant Professor of Law, University of Houston Law Center, Houston Texas, USA, Corresponding author. E-mail: jrobert6@central.uh.edu 'Good Soldiers Are Made, Not Born': the Dangers of Medicalizing Ability in the Military Use of Genetics 2 Journal of Law & the Biosciences 92 (February, 2015) Advances in genetic and genomic science are of particular interest to the United States military. Responding to Maxwell J. Mehlman's and Tracy Yeheng Li's article Ethical, Legal, Social, and Policy Issues in the Use of Genomic Technology by the U.S. Military, this Commentary explores the social consequences of medicalizing what it means to be a... 2015
Donald F. Tibbs Hip Hop and the New Jim Crow: Rap Music's Insight on Mass Incarceration 15 University of Maryland Law Journal of Race, Religion, Gender and Class 209 (Fall 2015) Writing in 1944 about race relations in America in his famous study An American Dilemma, Nobel laureate Gunnar Myrdal claimed that the police officer, stands not only for civic order as defined in formal laws and regulations, but also for White Supremacy and the whole set of social customs associated with this concept. Further, he noted that... 2015
Gloria Ann Whittico If "Past Is Prologue" : Toward the Development of a New "Freedom Suit" for the Remediation of Foster Care Disproportionalities among African-american Children 43 Capital University Law Review 407 (Spring, 2015) Under the peculiar institution of American chattel slavery, the enslaved family found itself at the mercy of economic forces that threatened to forever shatter precious familial bonds and ties of kinship. The dire circumstances under which these families lived are well documented. However, as the United States began its westward expansion during... 2015
Kimberly Jade Norwood If You Is White, You's Alright. . . . Stories about Colorism in America 14 Washington University Global Studies Law Review 585 (2015) In a land that loves its blond, blue-eyed children, who weeps for the dreams of a black girl? I am well into my fifties now and yet I can still remember vividly interactions with complete strangers, at a very early age. Whenever my mother and I were out in public together, I almost always felt that something was wrong with me. You see, I have the... 2015
Anjana Mebane-Cruz, Farmingdale State College, SUNY Incarceration by Category: Racial Designations and the Black Borders of Indianness 38 PoLAR: Political and Legal Anthropology Review 226 (November, 2015) Particular problems were created for mixed people in the United States with the development of race categories and ideologies based on hierarchies of color and blood. With whiteness favored above all else, mixed people often self-identified with the more phenotypically European of their ancestors in spite of prohibitive legal sanctions. For the... 2015
Rita Lenane It Doesn't Seem Very Fair, Because We Were Here First: Resolving the Sioux Nation Black Hills Land Dispute and the Potential for Restorative Justice to Facilitate Government-to-government Negotiations 16 Cardozo Journal of Conflict Resolution 651 (Winter, 2015) As we work together to forge a brighter future for all Americans, we cannot ignore a history of mistreatment and destructive policies that have hurt tribal communities. The United States seeks to continue restoring and healing relations with Native Americans and . . . [w]e further recognize that restoring tribal lands through appropriate means... 2015
John T. Bennett It's Not Jim Crow, It's Jail: Questioning the Role of Race in the Origins of Punitive Policy 14 Cardozo Public Law, Policy and Ethics Journal 39 (Fall 2015) Introduction. 40 I. Why the Punitive Shift?. 45 A. Modern Crime. 46 i. The Decline of the Rehabilitative Ideal. 49 ii. Informal Social Controls. 51 iii. A Subculture of Violence. 52 iv. The Punitive Shift. 53 II. The Role of Race in the Punitive Shift. 54 III. The Punitive Shift in England, South Africa, and the U.S.. 61 A. England. 61 i. The... 2015
Michael Z. Green Just Another Little Black Boy from the South Side of Chicago: Overcoming Obstacles and Breaking down Barriers to Improve Diversity in the Law Professoriate 31 Columbia Journal of Gender and Law 135 (2015) As I reflected on my personal experience to help address the persistence of discrimination in legal academia, I chose to focus on five areas of discussion for the open mic portion of the program held at the Association of American Law Schools Cross-Cutting Program, The More Things Change .: Exploring Solutions to Persistent Discrimination in Legal... 2015
Tamara F. Lawson Lawyering in Black and White: a Book Review of According to Our Hearts, Rhinelander V. Rhinelander and the Law of the Multiracial Family 100 Iowa Law Review 1773 (May, 2015) I. Introduction. 1773 II. Rhinelander v. Rhinelander--A Lesson in Trial Advocacy. 1776 A. The Lawyer's Role. 1776 B. The Jury's Conscience--in Black and White. 1780 III. Do Laws Really Matter? The Loving Marriage Survived While the Rhinelander Marriage Failed. 1782 IV. Unanswered Questions: Race, Culture, and Their Unique Combinations. 1784 V.... 2015
Tracey McCants Lewis Legal Storytelling: the Murder of Voter Id 30 BYU Journal of Public Law 41 (2015) The history of the right to vote in America . . . is a history of conflict, of struggle, for that right. Many people died trying to [obtain] that right. I was beaten and jailed because I stood up for it. For millions like me, the struggle . . . is not mere history, it is experience . . . . We must not step backward. In 1929, Beatrice and Ruth... 2015
Kevin Brown Lsac Data Reveals That Black/white Multiracials Outscore All Blacks on Lsat by Wide Margins 39 New York University Review of Law and Social Change 381 (2015) The Supreme Court has now issued its opinions in both Fisher v. University of Texas and Schuette v. Coalition to Defend Affirmative Action, and thereby reaffirmed its decision in Grutter v. Bollinger that upheld the legal validity of narrowly tailored affirmative action programs in higher education. There still remains, however, an important issue... 2015
R.A. Lenhardt Marriage as Black Citizenship? 66 Hastings Law Journal 1317 (June, 2015) The narrative of black marriage as citizenship enhancing has been pervasive in American history. As we mark the fiftieth anniversary of the Moynihan Report and prepare to celebrate the 150 th anniversary of Thirteenth Amendment, this Article argues that this narrative is one that we should resist. The complete story of marriage is one that involves... 2015
Reginald C. Wisenbaker, Jr. Muslim Community Reparations 2 Savannah Law Review 391 (2015) Muslim Americans are often targets of ill-founded discrimination, hate, and suspicion. Through popular cultural portrayals, salacious media reporting, and targeted governmental policies, Muslim Americans suffer from discrimination because mainstream Islam has become improperly conflated with terrorism in the United States. Compounding the harm,... 2015
Faith Joseph Jackson , Edieth Y. Wu Must We Deploy Drones in the Twenty-first Century to Target under the Radar Discrimination Against Minority Women at Law Schools at Historically Black Colleges and Universities (Hbcus)? 31 Columbia Journal of Gender and Law 164 (2015) This Article is a result of the authors' participation in the Association of American Law School's Crosscutting Program (The More Things Change .: Exploring Solutions to Persisting Discrimination in Legal Academia) at the Annual Meeting in Washington, D.C., in January 2015. Th[e] Program dr[ew] from empirical data, legal research, litigation... 2015
Toni Lester Oprah, Beyoncé, and the Girls Who "Run the World" - Are Black Female Cultural Producers Gaining Ground in Intellectual Property Law? 15 Wake Forest Journal of Business and Intellectual Property Law 537 (Spring, 2015) I. Introduction - What the Foremothers of Today's Black Female Cultural Producers Had to Contend With. 538 II. Part One - Using Critical Race, Feminist and Cultural Production Theory to Look at Black Female Cultural Production and the IP Regime. 543 III. Part Two: Success at Any Cost - Once Black Female Culture Producers Rise to the Top, Do They... 2015
Jennifer Lunsford, R. Zachary Sanzone Outing the New Jim Crow: Ending Segregation of Lgbtq Students by Creating Barriers to 501(c)(3) Tax-exemption Status 23 American University Journal of Gender, Social Policy and the Law 435 (2015) I. LGBTQ Rights in Supreme Court Jurisprudence. 438 II. Private, Religious Schools and Their Constitutional Protection Against Providing Constitutional Protections. 441 A. First Amendment Limitations. 441 B. Hobby Lobby and the Religious Freedom Restoration Act of 1993. 443 C. The Legal History of Revenue Rule 71-447. 445 D. Funding the Problem: A... 2015
Kenneth Lawson Police Shootings of Black Men and Implicit Racial Bias: Can't We All Just Get along 37 University of Hawaii Law Review 339 (Spring, 2015) I am an invisible man. No, I am not a spook like those who haunted Edgar Allen Poe; nor am I one of your Hollywood movie ectoplasms. I am a man of substance, of flesh and bone, fiber and liquids--and I might even be said to possess a mind. I am invisible, understand, simply because people refuse to see me. Like the bodiless heads you see sometimes... 2015
Alison Hill Political Activism: Chicago Politicians' Silence When Black Lives Matter 21 Public Interest Law Reporter 72 (Fall 2015) The Black Lives Matter (BLM) movement has pressured Democratic politicians on the national stage to take a hard stance on police brutality, excessive force, and misconduct, yet the BLM network has not endorsed one candidate for president. The presidential campaign acts as an easy avenue for BLM to get their message to the masses by forcing a... 2015
Michael Pinard Poor, Black and "Wanted": Criminal Justice in Ferguson and Baltimore 58 Howard Law Journal 857 (Spring, 2015) INTRODUCTION. 857 I. THE TELLING OF TWO CITIES--DEMOGRAPHICS AND CRIMINAL JUSTICE. 862 II. STUCK IN THE SYSTEM: WARRANTS IN FERGUSON AND BALTIMORE. 867 III. POTENTIAL REFORMS--LESSONS FROM FERGUSON. 872 EPILOGUE. 877 2015
Jack Glaser, Karin D. Martin, Kimberly B. Kahn, University of California, Berkeley, John Jay College of Criminal Justice and City University of New York, Portland State University Possibility of Death Sentence Has Divergent Effect on Verdicts for Black and White Defendants 39 Law and Human Behavior 539 (December, 2015) When anticipating the imposition of the death penalty, jurors may be less inclined to convict defendants. On the other hand, minority defendants have been shown to be treated more punitively, particularly in capital cases. Given that the influence of anticipated sentence severity on verdicts may vary as a function of defendant race, the goal of... 2015
Philip C. Aka, Aref A. Hervani, Elizabeth Arnott-Hill Protection Against the Economic Fears of Old Age: Six Micro and Macro Steps for Bridging the Gap in Retirement Security Between Blacks and Whites 40 Vermont Law Review 1 (Fall, 2015) Introduction and Purpose of Study. 2 I. Depicting the Shape of the Retirement Security Gap Between Blacks and Whites. 7 II. Historical Backdrop: Protection Against the Economic Fears of Old Age. 15 III. A Parade of Six Micro and Macro Steps for Closing the Gap in Retirement Security Between Blacks and Whites. 23 A. Micro Steps. 26 1. Social... 2015
  Radtalks: What Could Be Possible If the Law Really Stood for Black Lives? 19 CUNY Law Review 91 (Winter 2015) I. Introduction: Purvi Shah. 91 II. Colette Pichon Battle. 95 III. Vincent Warren. 103 IV. Alicia Garza. 107 V. Elle Hearns. 111 VI. Carl Williams. 113 VII. Norris Henderson. 117 VIII. Umi Selah. 121 IX. Maurice Moe Mitchell. 126 2015
Paul Filippelli Reaction to "The Old Boss the Same as the New Boss?: Critiques and Plaudits of Michelle Alexander's New Jim Crow Metaphor" 7 Georgetown Journal of Law & Modern Critical Race Perspectives 199 (Spring, 2015) Jonathan Wood's note exploring the strengths and weaknesses in Michelle Alexander's book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, offers much-needed insight into aspects that have not often been discussed in the debate on mass incarceration. Alexander's book has gained national attention by comparing incarceration of... 2015
Chuck Henson Reflections on Ferguson: What's Wrong with Black People? 80 Missouri Law Review 1013 (Fall, 2015) After Officer Darren Wilson shot and killed Michael Brown on August 9, 2014, it seemed as if it was the summer of 1967 again. The same series of events that happened in Newark and Detroit in 1967 happened in Ferguson, Missouri, in 2014. A white man shot and killed a black man. The predominantly black population protested, rioted, and looted. The... 2015
Kim Diane Loewen Reframing Hate Crimes: Identifying and Combatting the Systems of Violent Oppression That Converge upon Queer Black Women 36 Women's Rights Law Reporter 137 (Winter 2015) This article aims to deconstruct and problematize the common notion that a single strain of personal animus can be blamed every time a hate crime is perpetrated against a queer person. Instead, in the United States, there are complicated and intertwined systems of violent oppression that propel these ongoing violent acts against individuals which... 2015
Hannibal Travis Reparations for Mass Atrocities as a Path to Peace: after Kiobel V. Royal Dutch Petroleum Co., Can Victims Seek Relief at the International Criminal Court? 40 Brooklyn Journal of International Law 547 (2015) Introduction. 548 I. Legal Responses to Transnational Dangers in the Vision of the American Founders. 556 A. The Quest for Original Understandings. 556 B. The Original Understanding of the Judicial Power Over the Law of Nations. 559 C. The Development of Institutions for Responding to Transnational Dangers. 565 II. The Trend Toward Impunity for... 2015
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