| Author | Title | Citation | Summary | Year | Key Terms |
| Peggy Cooper Davis |
NEGLECTED STORIES AND THE LAWFULNESS OF ROE V. WADE |
28 Harvard Civil Rights-Civil Liberties Law Review 299 (Summer, 1993) |
The Constitution of the United States does not contain the word family. It makes no mention of marriage, parenting, procreation, contraception or abortion. People nonetheless invoke the Constitution when rights of family are threatened. When interracial couples were told that they could not marry, they appealed to the United States Supreme Court.... |
1993 |
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| John Charles Boger |
RACE AND THE AMERICAN CITY: THE KERNER COMMISSION IN RETROSPECT--AN INTRODUCTION |
71 North Carolina Law Review 1289 (June, 1993) |
During the mid-1960s, powerful social, economic, and political forces thrust urban issues to the center of national attention, in a context emphasizing the interrelationship between race, poverty, and urban ills. One major contributor to this redefinition of American urban problems was the civil rights movement. The movement, which captured... |
1993 |
|
| Adrien Katherine Wing , Sylke Merchan |
RAPE, ETHNICITY, AND CULTURE: SPIRIT INJURY FROM BOSNIA TO BLACK AMERICA |
25 Columbia Human Rights Law Review 1 (Fall, 1993) |
The recent armed conflict in the former Yugoslav republic of Bosnia-Herzegovina has brought the issue of systematic, wide-spread rapes of civilian women in times of war to the attention of the world community. This Article examines the intersection of rape, ethnicity, and culture in the Bosnian context. Rape, which is pervasive in Bosnia,... |
1993 |
|
| Adeno Addis |
RECYCLING IN HELL |
67 Tulane Law Review 2253 (June, 1993) |
So we stand here/On the edge of hell/In Harlem/And look out on the world/And wonder/What we're gonna do/In the face of/What we remember. -Langston Hughes To most Americans, both black and white, the outcome of the jury deliberation in the first Rodney King case was manifestly unjust. I think it might be accurate to say, however, that the decision... |
1993 |
|
| A. Leon Higginbotham, Jr. |
SEEKING PLURALISM IN JUDICIAL SYSTEMS: THE AMERICAN EXPERIENCE AND THE SOUTH AFRICAN CHALLENGE |
42 Duke Law Journal 1028 (March, 1993) |
C1-2Table of Contents L1-2Introduction 1030 I. The Public Perception Problems of an Unrepresentative Judiciary. 1033 A. The Public's Perception of the Judiciary. 1035 B. The Judiciary's Problem of Perception of the Public, or The Prejudices Judges Share with Their Fellow Men'. 1040 II. The Outgrowths of Prejudice in the Judicial Systems of the... |
1993 |
|
| K.G. Jan Pillai |
AFFIRMATIVE ACTION: IN SEARCH OF A NATIONAL POLICY |
2 Temple Political & Civil Rights Law Review 1 (Fall, 1992) |
I. Introduction II. The Test of Constitutionality A. The Philosophical Underpinnings B. Impact on Innocent Parties: The Decisive Factor C. The Limited Variety of Permissible Burdens D. Uncertain Attributes of Permissible Burdens III. Limiting Affirmative Action to Strictly Remedial Purposes A. Race-Conscious Preferences Only to Blacks B. Hispanics... |
1992 |
|
| Donald P. Judges |
BAYONETS FOR THE WOUNDED: CONSTITUTIONAL PARADIGMS AND DISADVANTAGED NEIGHBORHOODS |
19 Hastings Constitutional Law Quarterly 599 (Spring, 1992) |
Introduction. 601 I. Equality Principles, Negative Rights. 605 A. Negative Rights, Entitlements, and State Action. 606 1. Negative Rights. 607 2. Entitlements. 613 3. State Action. 615 B. Equality of Educational Opportunity. 620 1. School Finance Cases. 620 2. Desegregation Cases. 623 C. The Paradigm as Problem. 628 II. Affirmative Action and... |
1992 |
|
| Richard Delgado , Jean Stefancic |
IMAGES OF THE OUTSIDER IN AMERICAN LAW AND CULTURE: CAN FREE EXPRESSION REMEDY SYSTEMIC SOCIAL ILLS? |
77 Cornell Law Review 1258 (September, 1992) |
Conventional First Amendment doctrine is beginning to show signs of strain. Outsider groups and women argue that free speech law inadequately protects them against certain types of harm. Further, on a theoretical level, some scholars are questioning whether free expression can perform the lofty functions of community-building and... |
1992 |
|
| Erin Edmonds |
MAPPING THE TERRAIN OF OUR RESISTANCE: A WHITE FEMINIST PERSPECTIVE ON THE ENFORCEMENT OF RAPE LAW |
9 Harvard BlackLetter Journal 43 (Spring, 1992) |
Women, all women, are accountable for racism continuing to divide us. bell hooks When I first set out to write a paper on the enforcement of rape law from a white feminist's point of view, I had no idea what grief awaited me. Bruised, battered, and violated bodies polluted the crisp, droning rape statutesbodies of women, Black and white and in... |
1992 |
|
| Patrick M. Fahey |
PAYNE v. TENNESSEE: AN EYE FOR AN EYE AND THEN SOME |
25 Connecticut Law Review 205 (Fall, 1992) |
Let not the dry dust that drinks the black blood of citizens through passion for revenge and bloodshed for bloodshed be given our state to prey upon. Let them render grace for grace. Let love be their common will; let them hate with single heart. In Booth v. Maryland and South Carolina v. Gathers, the Supreme Court, relying on its Eighth Amendment... |
1992 |
|
| A. Leon Higginbotham, Jr. , Anne F. Jacobs |
THE "LAW ONLY AS AN ENEMY": THE LEGITIMIZATION OF RACIAL POWERLESSNESS THROUGH THE COLONIAL AND ANTEBELLUM CRIMINAL LAWS OF VIRGINIA |
70 North Carolina Law Review 969 (April, 1992) |
In the seventeenth, eighteenth, and nineteenth centuries American judges' and legislators' obligation to do justice collided with the South's race-based system of slavery. The statutes and caselaw of this period reveal not only judicial and legislative sanction of slavery, but also an effort on the part of lawmakers and judges to bolster the... |
1992 |
|
| The NAACP Legal Defense and Education Fund |
THE COLOR OF JUSTICE |
78-AUG ABA Journal 62 (August, 1992) |
The acquittal of the Los Angeles police officers who brutalized Rodney King was a stark reminder that racism continues to haunt our judicial system--a racial discrimination that it is imperative for America to acknowledge. But it is equally important to understand that the anger ignited by this verdict among African-Americans was based on the... |
1992 |
|
| M. Shanara Gilbert |
RACISM AND RETRENCHMENT IN CAPITAL SENTENCING: JUDICIAL AND CONGRESSIONAL HASTE TOWARD THE ULTIMATE INJUSTICE |
18 New York University Review of Law and Social Change 51 (1990/1991) |
Preface I. Racism in Death Sentencing: Constitutionally Acceptable II. Turning to Congress for Fairness: The Racial Justice Act III. The Government's Special Protectorate?: The Disparate Impact of Death Penalty Legislation Upon Native Americans IV. Speeding Up Executions: Judicial and Congressional Limits on Access to the Courts for Death Row... |
1991 |
|
| Theodore Eisenberg , Sheri Lynn Johnson |
THE EFFECTS OF INTENT: DO WE KNOW HOW LEGAL STANDARDS WORK? |
76 Cornell Law Review 1151 (September, 1991) |
C1-3Table of Contents I. Introduction and Background. 1152 A. Doctrinal History of the Intent Standard. 1154 B. Commentary on the Intent Standard. 1160 C. The Data. 1162 II. Volume, Success, and Other Characteristics of Intent Cases. 1163 A. Criteria for Assessing Volume and Success Rates. 1163 B. Volume. 1166 1. The Number of Intent Cases. 1166 2.... |
1991 |
|
| Kenneth L. Karst |
THE PURSUIT OF MANHOOD AND THE DESEGREGATION OF THE ARMED FORCES |
38 UCLA Law Review 499 (February, 1991) |
The statute of the Minuteman stands at the edge of the Lexington Battle Green as a reminder of the American tradition of the citizen soldier. From the Revolution onward, a great many Americans have believed that a citizen has the responsibility, in time of need, to serve in the armed forces. The same association of ideas also works in the other... |
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 |
|
| Darryl Brown |
RACISM AND RACE RELATIONS IN THE UNIVERSITY |
76 Virginia Law Review 295 (March, 1990) |
White students say, [the university] is great; it's awesome. . . . But I just want to get my education and get out of here. This is their place, not mine.DD' It bothers us that we have to defend ourselves against racism when we know we are not racist.DD' American universities in recent years have endured a resurgence in racial tensions on... |
1990 |
|
| A. Leon Higginbotham, Jr. |
RACISM IN AMERICAN AND SOUTH AFRICAN COURTS: SIMILARITIES AND DIFFERENCES |
65 New York University Law Review 479 (June, 1990) |
With the freeing of Nelson Mandela and negotiations underway between dissident political groups and the white government, South Africa appears poised at least to begin the implementation of democratic and human rights reforms. This is a critical time to consider the role that South African courts have played in maintaining the system of apartheid... |
1990 |
|
| Kevin Brown |
TERMINATION OF PUBLIC SCHOOL DESEGREGATION: DETERMINATION OF UNITARY STATUS BASED ON THE ELIMINATION OF INVIDIOUS VALUE INCULCATION |
58 George Washington Law Review 1105 (August, 1990) |
In Brown v. Board of Education (Brown I) the Supreme Court concluded that state-imposed racial segregation of public schools deprives African-Americans of equal protection of the laws under the Fourteenth Amendment. With Brown I and its school desegregation progeny, the Supreme Court launched the nation on a course intended to desegregate its... |
1990 |
|
| Vada Berger , Nicole Walthour , Angela Dorn, Dan Lindsey, Pamela Thompson, and Gretchen von Helms |
TOO MUCH JUSTICE: A LEGISLATIVE RESPONSE TO MCCLESKEY v. KEMP |
24 Harvard Civil Rights-Civil Liberties Law Review 437 (Spring, 1989) |
At some point in [his] case, Warren McCleskey doubtless asked his lawyer whether a jury was likely to sentence him to die. A candid reply to this question would have been disturbing. First, counsel would have to tell McCleskey that few of the details of the crime or of McCleskey's past criminal conduct were more important than the fact that his... |
1989 |
|
| Anderson E. Bynam |
EIGHT AND FOURTEENTH AMENDMENTS-THE DEATH PENALTY SURVIVES |
78 Journal of Criminal Law and Criminology 1080 (Winter, 1988) |
Since the landmark decision of Furman v. Georgia the Supreme Court has attempted to clarify the requirements for death penalty statutes in order to satisfy the mandates of the eighth and fourteenth amendments to the United States Constitution. The Court has both narrowed the spectrum of death-eligible defendants and given approval to procedures... |
1988 |
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II. THE LIMITS OF RACIAL EQUALITY: THE FOURTEENTH AMENDMENT AND THE CRIMINAL JUSTICE SYSTEM |
101 Harvard Law Review 1479 (May, 1988) |
In 1868, Congress enacted the fourteenth amendment, establishing that a ll persons born or naturalized in the United States . . . are citizens, and prohibiting the states from depriving persons of color the rights guaranteed to all citizens under the United States Constitution. Following its enactment, the Supreme Court interpreted the amendment... |
1988 |
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III. RACIAL DISCRIMINATION ON THE BEAT: EXTENDING THE RACIAL CRITIQUE TO POLICE CONDUCT |
101 Harvard Law Review 1494 (May, 1988) |
The infusion of racial bias into the criminal process is particularly troublesome at the policing stage because it is at that point that citizens first encounter the community's strongest normative commitments. The criminal law, more than any other set of legal prescriptions, expresses the community's deepest convictions as what behavior is... |
1988 |
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| Richard H. Sander |
INDIVIDUAL RIGHTS AND DEMOGRAPHIC REALITIES: THE PROBLEM OF FAIR HOUSING |
82 Northwestern University Law Review 874 (Spring, 1988) |
Forty years ago, in his classic work An American Dilemma, the Swedish scholar Gunnar Myrdal sought to explain the paradox of nearly universal discrimination against blacks in the United Statesa nation generally committed to the highest ideals of democracy, freedom, and opportunity. Myrdal decided that a vicious cycle had arisen in America, in... |
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 |
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4. DEATH PENALTY-RACIAL DISCRIMINATION |
101 Harvard Law Review Association 149 (November, 1987) |
Fifteen years ago, in Furman v. Georgia, the Supreme Court invalidated virtually all death penalty statutes then in place on the ground that the death penalty was applied so arbitrarily and freakishly that it violated the eighth amendment's prohibition of cruel and unusual punishment. The Supreme Court's decision in Furman led may observers to... |
1987 |
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| Patricia J. Williams |
ALCHEMICAL NOTES: RECONSTRUCTING IDEALS FROM DECONSTRUCTED RIGHTS |
22 Harvard Civil Rights-Civil Liberties Law Review 401 (Spring, 1987) |
Once upon a time, there was a society of priests who built a Celestial City whose gates were secured by Word-Combination locks. The priests were masters of the Word, and, within the City, ascending levels of power and treasure became accessible to those who could learn ascendingly intricate levels of Word Magic. At the very top level, the priests... |
1987 |
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| Robert A. Burt |
CONSTITUTIONAL LAW AND THE TEACHING OF THE PARABLES |
93 Yale Law Journal 455 (January, 1984) |
No one wholly dominates another in a democracy. This central limiting principle in democratic political conflict does more than prohibit imprisonment or murder of political opponents; it also proscribes the total and permanent defeat of opponents' self-defined ideological or economic interests. This constraint has varied expressions in American... |
1984 |
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| Kenneth L. Karst |
WHY EQUALITY MATTERS |
17 Georgia Law Review 245 (Winter, 1983) |
The ideal of equality is one of the great themes in the culture of American public life. From the Declaration of Independence to the Pledge of Allegiance, the rhetoric of equality permeates our symbols of nationhood. Over and over in our history, from the earliest colonial beginnings, equality has been a rallying cry, a promise, an article of... |
1983 |
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