AuthorTitleCitationSummaryYearKey Terms
Pamela J. Smith RELIANCE ON THE KINDNESS OF STRANGERS: THE MYTH OF TRANSRACIAL AFFINITY VERSUS THE REALITIES OF TRANSRACIAL EDUCATIONAL PEDISM 52 Rutgers Law Review 1 (Fall, 1999) In this Article, Professor Smith presents the second in a series of articles discussing the educational obstacles facing children generally and, in particular, Black children. Professor Smith begins by exploring and challenging the myth that, since we all care for children, there is no need to be concerned about negative legislative action and... 1999  
David Dante Troutt SCREWS, KOON, AND ROUTINE ABERRATIONS: THE USE OF FICTIONAL NARRATIVES IN FEDERAL POLICE BRUTALITY PROSECUTIONS 74 New York University Law Review 18 (April 1, 1999) Depite periodic outcries in response to particular outrages, it remains notoriously difficult to prosecute police brutality. In this form-shattering Article, Professor Troutt attributes much of this difficulty to the overwhelming power of the stories mainstream American culture tells about the encounters leading to police violence. In this piece.... 1999  
Beverly Moran SETTING AN AGENDA FOR THE STUDY OF TAX AND BLACK CULTURE 21 University of Arkansas at Little Rock Law Review 779 (Summer, 1999) This conference commands that we explore how law can achieve racial justice in the twenty-first century. To answer that question we must first ask three questions: 1) What conditions stand in the way of racial justice?; 2) How can law address these barriers?; and 3) How can we shape rules that fit within our shared notions of fairness? We ask these... 1999  
Athena D. Mutua SHIFTING BOTTOMS AND ROTATING CENTERS: REFLECTIONS ON LATCRIT III AND THE BLACK/WHITE PARADIGM 53 University of Miami Law Review 1177 (July, 1999) This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms and models. Specifically, it asks: What group should be at the center of a given... 1999  
Ruth E. Friedman STATISTICS AND DEATH: THE CONSPICUOUS ROLE OF RACE BIAS IN THE ADMINISTRATION OF THE DEATH PENALTY 11 La Raza Law Journal 75 (Spring, 1999) Statistics can be very useful things. They are detached, nonpartisan, and eminently quotable. Never damned lies by themselves, statistics are cold calculations not amenable to much debate. It is, of course, what we think the numbers mean that makes all the difference. This short essay looks at a few statistics on race and criminal justice and the... 1999  
Ruth E. Friedman STATISTICS AND DEATH: THE CONSPICUOUS ROLE OF RACE BIAS IN THE ADMINISTRATION OF THE DEATH PENALTY 4 African-American Law and Policy Report 75 (Fall, 1999) Statistics can be very useful things. They are detached, nonpartisan, and eminently quotable. Never damned lies by themselves, statistics are cold calculations not amenable to much debate. It is, of course, what we think the numbers mean that makes all the difference. This short essay looks at a few statistics on race and criminal justice and the... 1999  
Lolita K. Buckner Inniss TRICKY MAGIC: BLACKS AS IMMIGRANTS AND THE PARADOX OF FOREIGNNESS 49 DePaul Law Review 85 (Fall 1999) Since the beginning of the nation, white Americans have suffered from a deep inner uncertainty as to who they really are. One of the ways that has been used to simplify the answer has been to seize upon the presence of black Americans and use them as a marker, a symbol of limits, a metaphor for the outsider. Many whites could look at the social... 1999  
Demetra L. Liggins URBAN SURVIVAL SYNDROME: NOVEL CONCEPT OR RECOGNIZED DEFENSE? 23 American Journal of Trial Advocacy 215 (Summer, 1999) The woman who wanted to move into our building was asked if she ever worked late. We weren't being nosy, just trying to let her know that it might not be safe to walk through downtown Washington alone at night. When the woman replied that sometimes she did work late, an older woman on our housing co-op board offered some advice. I always take an... 1999  
Kenji Yoshino ASSIMILATIONIST BIAS IN EQUAL PROTECTION: THE VISIBILITY PRESUMPTION AND THE CASE OF "DON'T ASK, DON'T TELL" 108 Yale Law Journal 485 (December, 1998) I. Introduction. 487 II. Equal Protection Immutability and Visibility Defined. 493 A. Immutability. 493 B. Visibility. 496 C. Commonalities. 498 III. Equal Protection's Assimilationist Bias. 500 A. The Substantive Defense and Its Shortcomings. 504 B. The Political Process Defense. 506 IV. The Immutability Presumption. 509 A. Evasive Power. 509 B.... 1998  
  CARTER CENTER SYMPOSIUM ON THE DEATH PENALTY--JULY 24, 1997 14 Georgia State University Law Review 329 (March, 1998) We hoped that both President Carter and Mrs. Carter would be with us today, and they had hoped that as well. But previous commitments to attend the Liberian elections as head of an observer delegation were ones that President Carter had to honor, and that's why they're not here. We did ask them before they left to record messages to share with you.... 1998  
Patricia A. King , Leslie E. Wolf EMPOWERING AND PROTECTING PATIENTS: LESSONS FOR PHYSICIAN-ASSISTED SUICIDE FROM THE AFRICAN-AMERICAN EXPERIENCE 82 Minnesota Law Review 1015 (April, 1998) While we were watching round her bed, She turned her eyes and looked away, She saw what we couldn't see; She saw Old Death. She saw Old Death. Coming like a falling star. But Death didn't frighten Sister Caroline; He looked to her like a welcome friend. And she whispered to us: I'm going home, And she smiled and closed her eyes. The increasing... 1998  
Susan M. Wolf FOREWORD: FACING DEATH 82 Minnesota Law Review 885 (April, 1998) Last term the U.S. Supreme Court finally considered the constitutional status of physician-assisted suicide. Confronted with decisions from the Ninth and Second Circuits finding a constitutional right, the Court granted certiorari in October 1996. That set off an explosion of debate. From the hospital bedside to the legislative hearing room and... 1998  
Kenneth B. Nunn LAW, CULTURE, AND THE MORALITY OF JUDICIAL CHOICE 28 Cumberland Law Review 581 (1997-1998) Professor Carter has presented us with an interesting and provocative talk this afternoon. I think we can all see that he is a very capable historian, one whose stellar academic reputation is very richly deserved. I, for my part, am not a historian, but nonetheless, it seems to me that there are two kinds of history. We can have a living... 1998  
Dorothy E. Roberts SOURCES OF COMMITMENT TO SOCIAL JUSTICE 4 Roger Williams University Law Review 175 (Fall 1998) Several years ago I pinned a cartoon on my wall to remind me of the possibilities and the failures in the quest for social justice. The cartoon depicts a Black mother sitting next to her daughter who is tucked in bed in a dilapidated apartment. The mother reads aloud from a book entitled Fairy Tales: Golly, let's do it!, the President told the... 1998  
Robert J. Cottrol SUBMISSION IS NOT THE ANSWER: LETHAL VIOLENCE, MICROCULTURES OF CRIMINAL VIOLENCE AND THE RIGHT TO SELF-DEFENSE 69 University of Colorado Law Review 1029 (Fall 1998) Professors Zimring and Hawkins have performed an important service. As we close out the twentieth century, it is clear that crime (and more particularly the fear of crime) has become a disturbing and, even worse, a defining feature of contemporary American culture. To an extent that is truly frightening, our politics, popular culture, and even more... 1998  
Martha Chamallas THE ARCHITECTURE OF BIAS: DEEP STRUCTURES IN TORT LAW 146 University of Pennsylvania Law Review 463 (January, 1998) Gender and race have disappeared from the face of tort law. The old doctrines that explicitly limited recovery exclusively to one gender have been either abolished or extended on a gender-neutral basis. Women as well as men may now recover for such claims as loss of spousal consortium and loss of a child's services. The disabilities that prevented... 1998  
Evan Tsen Lee , Ashutosh Bhagwat THE MCCLESKEY PUZZLE: REMEDYING PROSECUTORIAL DISCRIMINATION AGAINST BLACK VICTIMS IN CAPITAL SENTENCING 1998 Supreme Court Review 145 (1998) In this article we analyze possible legislative and judicial alternatives for redressing prosecutorial race discrimination against murder victims. There are both substantive and procedural obstacles to such remedies. The substantive obstacle is the doctrine that requires proof of intentional discrimination to make out a violation of the Equal... 1998  
Lynne Marie Kohm ; and Britney N. Brigner WOMEN AND ASSISTED SUICIDE: EXPOSING THE GENDER VULNERABILITY TO ACQUIESCENT DEATH 4 Cardozo Women's Law Journal 241 (1998) Most he's helped were female. And therein lies a warning. Assisted suicide poses a particular threat to women. I have decided the quality of life is not worth a dime. . . . I have nothing left to give to anyone anymore. This epitaph was written by 39-year-old Rebecca Badger, an assisted suicide patient aided by Dr. Kevorkian. Before her death,... 1998  
Kevin L. Hopkins A GOSPEL OF LAW 30 John Marshall Law Review 1039 (Summer 1997) Derrick Bell is no stranger to civil rights activists, the Black community and the legal academy. Over the last three decades his involvement and participation in civil rights litigation and his numerous scholarship in the areas of Race and Constitutional Law have placed him in the forefront of Critical Race Theory. In Gospel Choirs: Psalms of... 1997  
Margaret M. Russell BEYOND "SELLOUTS" AND "RACE CARDS": BLACK ATTORNEYS AND THE STRAITJACKET OF LEGAL PRACTICE 95 Michigan Law Review 766 (February, 1997) For attorneys of color, the concept of representing race within the context of everyday legal practice is neither new nor voluntarily learned; at a basic level, it is what we do whenever we enter a courtroom or conference room in the predominantly white legal system of this country. The ineluctable visibility of racial minorities in the legal... 1997  
Karen L. Ross COMBATTING RACISM: WOULD REPEALING TITLE VII BRING EQUALITY TO ALL? 21 Seton Hall Legislative Journal 141 (1997) I. INTRODUCTION. 141 II. AN HISTORICAL OVERVIEW. 144 A. The Social Climate. 144 B. The Legal Issues. 147 III. LEGISLATIVE HISTORY OF THE CIVIL RIGHTS ACT OF 1964. 150 IV. PROPOSALS TO REPEAL TITLE VII OF THE CIVIL RIGHTS ACT OF 1964. 153 A. Richard A. Epstein's Free Market Analysis. 154 B. Derrick E. Bell's Racial Preference Licensing Act. 160 V.... 1997  
Harry Hutchison FROM BUJUMBURA TO MOGADISHU: ETHNIC SOLIDARITY, AFRICAN REALITY, AMERICAN IMPLICATIONS: OUT OF AMERICA: A BLACK MAN CONFRONTS AFRICA, BY KEITH B. RICHBURG. NEW YORK: BASIC BOOKS, 1997. PP. 251. $24.00 (HARDCOVER). 31 George Washington Journal of International Law and Economics 141 (1997) We've got rooms full of people with their heads cut off. Their bodies follow behind. Rooms full of people with packaged thoughts, and reality redesigned. Unrestrained people with guns to accent their constipated sentiment. And vision is fraught with ambiguity in a decapitated society. ------Jan Krist We are often the captives of our pictures of the... 1997  
Mitchell Keiter JUST SAY NO EXCUSE: THE RISE AND FALL OF THE INTOXICATION DEFENSE 87 Journal of Criminal Law and Criminology 482 (Winter 1997) On perhaps no other legal issue have courts so widely differed, or so often changed their views, as that of the legal responsibility of intoxicated offenders. The question contrasts the individual's right to avoid punishment for the unintended consequences of his acts with what then-New Hampshire Supreme Court Justice David Souter described as the... 1997  
Becky Hoover Herrnstein SHANNON FAULKNER AND THE CITADEL: THE EFFECTS OF USING LITIGATION AS AN INSTRUMENT OF SOCIAL REFORM 5 Circles: Buffalo Women's Journal of Law and Social Policy 4 (1997) In the battle against institutionalized gender discrimination, one of the most effective weapons used during the last twenty years has been the test case, whereby the cause of women as a class is advanced through legal actions instituted by individual plaintiffs. This strategy of using lengthy, expensive, high-profile cases to fight discrimination... 1997  
Douglas E. Litowitz SOME CRITICAL THOUGHTS ON CRITICAL RACE THEORY 72 Notre Dame Law Review 503 (1997) Critical Race Theory (CRT) is perhaps the fastest growing and most controversial movement in recent legal scholarship, stirring up debate in much the same manner Critical Legal Studies (CLS) did fifteen or twenty years ago. Although CRT was inspired in part by the failure of CLS to focus sufficiently on racial issues, it remains indebted in style... 1997  
David B. Wilkins STRAIGHTJACKETING PROFESSIONALISM: A COMMENT ON RUSSELL 95 Michigan Law Review 795 (February, 1997) Professor Russell's essay sounds a much needed cautionary note about the public's characterization of Christopher Darden and Johnnie Cochran both during and after the spectacle of O.J. Simpson's criminal trial. Russell cogently argues that Darden and Cochran's choices, as well as those of other black lawyers confronting similar problems, must be... 1997  
R. Richard Banks "NONDISCRIMINATORY" PERPETUATION OF RACIAL SUBORDINATION 76 Boston University Law Review 669 (October, 1996) Colorblindness is currently the fundamental principle of equal protection jurisprudence as it pertains to race. As a constitutional principle, colorblindness mandates that the state not allocate burdens or benefits on the basis of race. I contend that both the legal and political arguments for a colorblind state turn in part on its perceived... 1996  
Glenn C. Loury INDIVIDUALISM BEFORE MULTICULTURALISM 19 Harvard Journal of Law & Public Policy 723 (Spring, 1996) Since the Founding, America has struggled to incorporate the descendants of African slaves into an estate of equal citizenship. This process, though well advanced, remains incomplete. How shall we make further progress? To answer this question, we must first decide who we are. Who we are sometimes depends on who is talking and to whom. In our... 1996  
Barbara Holden-Smith LYNCHING, FEDERALISM, AND THE INTERSECTION OF RACE AND GENDER IN THE PROGRESSIVE ERA 8 Yale Journal of Law & Feminism 31 (1996) In 1904, a lynch mob of more than 1000 white people burned Luther Holbert, a black Mississippi sharecropper, and his wife to death. A Vicksburg, Mississippi newspaper gave the following eye-witness account of the lynching: [T]he two Negroes were tied to trees and while the funeral pyres were being prepared, they were forced to hold out their... 1996  
Cynthia Kwei Yung Lee RACE AND SELF-DEFENSE: TOWARD A NORMATIVE CONCEPTION OF REASONABLENESS 81 Minnesota Law Review 367 (December, 1996) Introduction. 368 I. The Law of Self-Defense. 377 A. Traditional Self-Defense Doctrine. 377 1. The Objective-Subjective Debate. 381 B. Attempts to Improve Traditional Self-Defense Doctrine. 391 1. The Model Penal Code Approach to Self-Defense. 391 2. Imperfect Self-Defense Doctrine. 395 II. Race And Reasonableness. 398 A. The Black-as-Criminal... 1996  
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  
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