AuthorTitleCitationSummaryYearKey Terms
Michelle Adams SEPARATE AND [UN]EQUAL: HOUSING CHOICE, MOBILITY, AND EQUALIZATION IN THE FEDERALLY SUBSIDIZED HOUSING PROGRAM 71 Tulane Law Review 413 (December, 1996) The history of racial discrimination and inequality in the federally subsidized housing program is extensive and well-documented. For a number of years, commentators have sought to identify types of systemic housing discrimination and determine appropriate remedies for it. Advocates of two commonly discussed methods of remediation--spatial equality... 1996  
Andrew D. Leipold THE DANGERS OF RACE-BASED JURY NULLIFICATION: A RESPONSE TO PROFESSOR BUTLER 44 UCLA Law Review 109 (October, 1996) Introduction. 109 I. A Building with No Foundation. 112 A. Misreading the Evidence. 112 B. Misreading History. 120 II. The Wrong Incentives. 128 A. Jurors, Defendants, and Communities. 128 B. Police, Prosecutors, and Legislatures. 132 III. The Wrong Messages. 135 Conclusion. 140 1996  
Dorothy E. Roberts THE PRIORITY PARADIGM: PRIVATE CHOICES AND THE LIMITS OF EQUALITY 57 University of Pittsburgh Law Review 363 (Winter 1996) I. Introduction: Racial Conflict in the Twenty-First Century. 363 II. The Priority Paradigm. 368 A.Preferring Liberty to Equality. 368 B.The Priority Paradigm and the Sufficiency of Racial Progress. 371 C.The Priority Paradigm and Discriminatory Intent. 373 III. The Priority Paradigm in Operation. 375 A.Protecting White Employees' Vested Interests.... 1996  
Robert L. Hayman, Jr. , Nancy Levit THE TALES OF WHITE FOLK: DOCTRINE, NARRATIVE, AND THE RECONSTRUCTION OF RACIAL REALITY 84 California Law Review 377 (March, 1996) Ask your own soul what it would say if the next census were to report that half of black America was dead and the other half dying. Black America, some people said, was dying. And they wondered what they would hear in the souls of white folk when white America heard the news. Part of the story, perhaps, was told in June 1995, by the Supreme Court... 1996  
Carol R. Goforth 'WHAT IS SHE?' HOW RACE MATTERS AND WHY IT SHOULDN'T 46 DePaul Law Review 1 (Fall 1996) Introduction. 3 I. The Legitimacy of Racial Classifications: What Does It Mean to Identify Someone as Black?. 11 A. The Biological Basis for Racial Classifications. 12 B. Societal Norms: Ethnicity and Culture as a Basis for Racial Classification. 16 II. Use of Racial Classifications in Adoption. 23 A. Introduction to Transracial Adoptions. 23 B.... 1996  
Derrick Bell BLACK HISTORY AND AMERICA'S FUTURE 29 Valparaiso University Law Review 1179 (Summer, 1995) A few years ago, I published a story, The Space Traders, that attempted to use an allegorical drama to illustrate what I view as the constant at risk status of black people in a society that now, as throughout the nation's history, has been willing to sacrifice black rights, black interests, and even black lives to enhance the status, further the... 1995  
Paul Schoeman EASING THE FEAR OF TOO MUCH JUSTICE: A COMPROMISE PROPOSAL TO REVISE THE RACIAL JUSTICE ACT 30 Harvard Civil Rights-Civil Liberties Law Review 543 (Summer, 1995) More than a century has passed since the adoption of the civil rights amendments to the Constitution and three decades since the passage of the significant civil rights legislation of the 1960s. Using either legal landmark as a reference point, it is undeniable that Americans are less overtly racist than they used to be. Perhaps they are now... 1995  
J. Clay Smith, Jr. IN FREEDOM'S BIRTHPLACE: THE MAKING OF GEORGE LEWIS RUFFIN, THE FIRST BLACK LAW GRADUATE OF HARVARD UNIVERSITY 39 Howard Law Journal 201 (Fall 1995) Just what this country has in store to benefit or to startle the world in the future, no tongue can tell. We know full well the wonderful things which have occurred or have been accomplished here in the past, but the still more wonderful things which we may well say will happen in the centuries of development which lie before us, is vain... 1995  
Daniel A. Farber POVERTY AND DISCRIMINATION: NOTES ON AMERICAN APARTHEID 11 Constitutional Commentary 455 (Winter, 1994-1995) Issues involving race, poverty, and discrimination are the daily fare of constitutional scholars, yet few of us have time to keep up with the social science research on these topics. At erratic intervals, Constitutional Commentary has published brief updates on this research in the But Cf section. What follows is a contribution to this irregular... 1995  
Rodney Thaxton, Esq. , Lida Rodriguez-Taseff PROFESSIONALISM AND LIFE IN THE TRENCHES: THE CASE OF THE PUBLIC DEFENDER 8 St. Thomas Law Review 185 (Fall, 1995) I would like to start with a little story. This actually happened during my employment at the Dade County Public Defender's office, when I was in juvenile court. There was this very bright young man who, having been arrested for stealing bicycles, was in detention. He had figured out an ingenious way to steal bicycles. He would go into the bicycle... 1995  
Chaka M. Patterson RACE AND THE DEATH PENALTY: THE TENSION BETWEEN INDIVIDUALIZED JUSTICE AND RACIALLY NEUTRAL STANDARDS 2 Texas Wesleyan Law Review 45 (Summer, 1995) This article discusses the tension between individualized justice and equality in death penalty cases, and how the defendant's race influences these decisions. Racially neutral standards ensure some notion of equality and fair treatment, but at the expense of losing individualization. This pressure is similar to the tension manifested in the... 1995  
Paul Butler RACIALLY BASED JURY NULLIFICATION: BLACK POWER IN THE CRIMINAL JUSTICE SYSTEM 105 Yale Law Journal 677 (December, 1995) Wonders do not confuse. We call them that And close the matter there. But common things surprise us. They accept the names we give with calm, and keep them. Easy-breathing then We brave our next small business. Well, behind Our backs they alter. How were we to know. Gwendolyn Brooks [T]he time that we're living in now is not an era where one who... 1995  
Stephen B. Bright, Edward Chikofsky, Laurie Estrand, Harriet C. Ganson, Paul D. Kamenar, Robert E. Morin, William G. Otis, Jamin Raskin, Ira P. Robbins, Douglas G. Robinson, Diann Rust-Tierney, Charles F. Shilling, Andrew L. Sonner, Ronald J. Tabak, David THE DEATH PENALTY IN THE TWENTY-FIRST CENTURY 45 American University Law Review 239 (December, 1995) C1-3Table of Contents Introduction . 240 I. Opening Remarks -- Jamin Raskin . 242 II. The Death Penalty in the Twenty-First Century: Questions and Directions -- Ira P. Robbins . 243 III. Blackmun's Dissent: Has It Become the Majority Opinion? -- Panelists . 246 IV. Keynote Address: Capital Punishment and the Criminal Justice System: Courts of... 1995  
Paul Finkelman "LET JUSTICE BE DONE, THOUGH THE HEAVENS MAY FALL": THE LAW OF FREEDOM 70 Chicago-Kent Law Review 325 (1994) In May 1772 Lord Mansfield, Chief Justice of the Court of King's Bench in England, heard preliminary arguments in the case of James Somerset, a Virginia slave who claimed his freedom under English common law. Charles Stewart, Somerset's master, wanted to send the slave to Jamaica to be sold. Somerset sought a writ of habeas corpus to escape this... 1994  
Luke Charles Harris , Uma Narayan AFFIRMATIVE ACTION AND THE MYTH OF PREFERENTIAL TREATMENT: A TRANSFORMATIVE CRITIQUE OF THE TERMS OF THE AFFIRMATIVE ACTION DEBATE 11 Harvard BlackLetter Law Journal 1 (Spring, 1994) Today I know they have this thing called Affirmative Action. I can see why they need it. There are some places where colored folks would never, not in a thousand years, get a job. But you know what? I really am philosophically against it. I say: Let the best person get the job, period. Everybody's better off in the long run. Bessie Delany The new... 1994  
Peggy Cooper Davis CONTESTED IMAGES OF FAMILY VALUES: THE ROLE OF THE STATE 107 Harvard Law Review 1348 (April, 1994) Throughout the 1992 presidential election, the major United States political parties battled over a set of ideological issues loosely captured by the phrase family values. The parties were divided between what I will call the moral standards view and the moral independence view. In debates about family values, those who hold a moral standards... 1994  
Jane L. Dolkart HOSTILE ENVIRONMENT HARASSMENT: EQUALITY, OBJECTIVITY, AND THE SHAPING OF LEGAL STANDARDS 43 Emory Law Journal 151 (Winter, 1994) Teresa Harris is a Caucasian woman in her early forties who grew up in Nashville, Tennessee, where she completed her high school education. She has lived in Nashville ever since, working to help support her family and herself while raising her two sons. She certainly never expected to be the plaintiff in a sexual harassment case. But Teresa Harris... 1994  
John D. Casais IGNORING THE HARM: THE SUPREME COURT, STIGMATIC INJURY, AND THE END OF SCHOOL DESEGREGATION 14 Boston College Third World Law Journal 259 (Summer, 1994) At some point, these school authorities and others like them should have achieved full compliance with this Court's decision in Brown I. But when does the transition end, and how will we know that point when we see it? As the 1990s began, some eight hundred school systems in the United States were under court supervision because school authorities... 1994  
Naomi Mezey LEGAL RADICALS IN MADONNA'S CLOSET: THE INFLUENCE OF IDENTITY POLITICS, POPULAR CULTURE, AND A NEW GENERATION ON CRITICAL LEGAL STUDIES 46 Stanford Law Review 1835 (July, 1994) In this book note, Naomi Mezey explores both the content and the context of Sexy Dressing Etc.: Essays on the Power and Politics of Cultural Identity, by Duncan Kennedy, a leading figure in the critical legal studies (CLS) movement. Ms. Mezey sees Kennedy as engaged in two related projects: first, responding to criticisms of CLS by feminist and... 1994  
Aremona G. Bennett PHANTOM FREEDOM: OFFICIAL ACCEPTANCE OF VIOLENCE TO PERSONAL SECURITY AND SUBVERSION OF PROPRIETARY RIGHTS AND AMBITIONS FOLLOWING EMANCIPATION, 1865-1910 70 Chicago-Kent Law Review 439 (1994) In the wake of the Civil War, local law enforcement measures, legislative enactments, and judicial decisions in the slaveholding states of the South frustrated the Emancipation Proclamation of 1863 and the Thirteenth Amendment adopted two years later. At the federal judicial level, a policy of nonintervention against randomized lawlessness and its... 1994  
Daniel W. Van Ness PRESERVING A COMMUNITY VOICE: THE CASE FOR HALF-AND-HALF JURIES IN RACIALLY-CHARGED CRIMINAL CASES 28 John Marshall Law Review 1 (Fall 1994) What is the role of the jury in a criminal trial? Does it protect the individual defendant from arbitrary action by the sovereign? Does it add lay experience and insight to a formalistic and technical legal process? Or does it assert and protect the interests of the general community in a legal dispute in which the official parties are the... 1994  
Richard Delgado RODRIGO'S EIGHTH CHRONICLE: BLACK CRIME, WHITE FEARS--ON THE SOCIAL CONSTRUCTION OF THREAT 80 Virginia Law Review 503 (March, 1994) I was staring disconsolately at the flashing light on the vending machine in the student lounge, where I had gone in search of a much-needed late afternoon pick-me-up, when I heard a familiar voice from behind me: Professor, do you need some help? Rodrigo! I said. It's good to see you. To tell the truth, I felt slightly uncomfortable at being... 1994  
Colin Crawford STRATEGIES FOR ENVIRONMENTAL JUSTICE: RETHINKING CERCLA MEDICAL MONITORING LAWSUITS 74 Boston University Law Review 267 (March 1, 1994) I. Introduction . 268 A. Background . 268 B. Lawyers' Belated Response . 272 C. Rethinking CERCLA Medical Monitoring Lawsuits . 273 D. The Usefulness of the Medical Monitoring Lawsuit . 274 II. The Failure of Equal Protection Challenges . 279 A. Case Law . 279 1. Bean v. Southwestern Waste Management Corp. . 280 2. East Bibb Twiggs Neighborhood... 1994  
Eva S. Nilsen THE CRIMINAL DEFENSE LAWYER'S RELIANCE ON BIAS AND PREJUDICE 8 Georgetown Journal of Legal Ethics 1 (Fall, 1994) Criminal defense lawyers are frequently required to utilize legal strategies that are morally repugnant because they perpetuate racial, gender, or cultural stereotypes. They know that legal and factual argument often persuades to the degree it piggybacks on the existing prejudices of a listener. A lawyer may, for example, explain or mitigate a... 1994  
Claire L. Hasler THE PROPOSED ENVIRONMENTAL JUSTICE ACT: "I HAVE A (GREEN) DREAM" 17 University of Puget Sound Law Review 417 (Winter 1994) In June 1992, former Senator Albert Gore and Representative John Lewis introduced legislation into the U.S. Senate and House of Representatives entitled the Environmental Justice Act of 1992. This legislation was the outgrowth of a long list of protests, studies, and cases involving a phenomenon known as environmental racism. The proposed... 1994  
Twila L. Perry THE TRANSRACIAL ADOPTION CONTROVERSY: AN ANALYSIS OF DISCOURSE AND SUBORDINATION 21 New York University Review of Law and Social Change 33 (1993-1994) L1-2Introduction 34 I. Overview of Transracial Adoption and the Perspectives on Transracial Adoption . 41 A. Transracial Adoption . 41 B. Colorblind Individualism vs. Color and Community Consciousness . 43 C. Sources of the Perspectives: Racial Histories and Racial Narratives . 47 II. Influence of the Perspectives on the Transracial Adoption... 1994  
Evelyn Wilson COMMENTS ON "AN OPEN LETTER TO JUSTICE CLARENCE THOMAS FROM A FEDERAL JUDICIAL COLLEAGUE" 20 Southern University Law Review 141 (Spring, 1993) On June 27, 1991, Associate Justice Thurgood Marshall of the United States Supreme Court announced his resignation from the Court. Four days later, President Bush recommended a successor, Judge Clarence Thomas of the District of Columbia Court of Appeals. Justice Marshall had been appointed to the Court in 1967 by President Lyndon B. Johnson and... 1993  
Kendra Meinert CRIMINAL INJUSTICE: CONTINUING RACIAL INEQUITIES IN DEATH PENALTY SENTENCING 22 Southwestern University Law Review 1177 (1993) If a black man kill a white man, that be first degree murder; if a white man kill a white man, that be second degree murder; if a black man kill a black man, that be manslaughter; but if a white man kill a black man, that be excusable homicideunless a woman was involved, in which case the black man died of apoplexy. I. Introduction A. Recent... 1993  
Pamela Duncan ENVIRONMENTAL RACISM: RECOGNITION, LITIGATION, AND ALLEVIATION 6 Tulane Environmental Law Journal 317 (Summer, 1993) I. INTRODUCTION. 318 II. DEFINING THE PROBLEM. 322 A. What is Environmental Racism?. 322 B. Growing Statistical Evidence. 325 1. Effective Studies of Environmental Discrimination. 325 2. The GAO Study. 327 3. Toxic Wastes and Race in the United States. 329 4. The Causes of Environmental Racism. 333 III. LEGAL TREATMENT OF THE PROBLEM. 338 A.... 1993  
Nancy E. Dowd LIBERTY vs. EQUALITY: IN DEFENSE OF PRIVILEGED WHITE MALES 429 (Winter, 1993) This book is disturbing in more ways than I can count. Grounded in libertarianism and law-and-economics, its thesis is that the principles of choice and freedom of association outweigh equality and justice, justifying the abolition of private employment discrimination law and the imposition of severe limitations on public employment discrimination... 1993  
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