AuthorTitleCitationSummaryYearRelevancy
Ted Sampsell-Jones CULTURE AND CONTEMPT: THE LIMITATIONS OF EXPRESSIVE CRIMINAL LAW 27 Seattle University Law Review 133 (Summer 2003) The law is the master teacher and guides each generation as to what is acceptable conduct. -- Asa Hutchinson The law of the land in America is full of shit. -- Chuck D Over the past decade, legal scholars have paid increasing attention to ways that criminal law affects social norms and socialization. While these ideas are not entirely original, the... 2003  
J. Allen Douglas THE "MOST VALUABLE SORT OF PROPERTY": CONSTRUCTING WHITE IDENTITY IN AMERICAN LAW, 1880-1940 40 San Diego Law Review 881 (August-September, 2003) I. Introduction. 882 II. Plessy and Property. 889 III. The Relational Regime of Property. 896 IV. Reputation and the Social Self. 902 V. Reputation as Property. 908 VI. Whiteness as a Reputational Claim. 911 VII. Family Property: Whiteness in Marriage. 932 VIII. The Whiteness of Children: Mandamus and School Segregation. 937 IX. Conclusion. 945... 2003  
Jeffery M. Brown BLACK INTERNATIONALISM: EMBRACING AN ECONOMIC PARADIGM 23 Michigan Journal of International Law 807 (Summer 2002) Introduction. 807 I. Black Internationalism and the Challenges of Globalization. 819 A. Defining Internationalism. 821 B. Black Internationalism: A Conceptual Overview. 823 II. Historical Expressions of Black Internationalism. 827 A. Assessing the Free South African Movement. 828 B. Bananas, Trade, and the Limitations of Pan-Africanism. 832 C. The... 2002  
Marion Crain COLORBLIND UNIONISM 49 UCLA Law Review 1313 (June, 2002) Labor unions have historically been one of the most significant political forces urging progressive wealth redistribution. The AFL-CIO has conceived of income inequality in colorblind terms, as a social injustice around which racially and ethnically diverse workers can be organized. Professor Crain argues that the AFL-CIO's unionism has been... 2002  
E. Christi Cunningham IDENTITY MARKETS 45 Howard Law Journal 491 (Spring 2002) A miracle--a man fed the multitude with seven loaves and a few fish, and there was more than enough for everyone. Making plenty out of scarcity on a moment's notice, in a mountain wilderness, with just a prayer, probably would constitute a miracle even by modern standards. In this article, however, I develop a theory for addressing scarcity without... 2002  
John Hayakawa Török THE STORY OF "TOWARDS ASIAN AMERICAN JURISPRUDENCE" AND ITS IMPLICATIONS FOR LATINAS/OS IN AMERICAN LAW SCHOOLS 13 Berkeley La Raza Law Journal 271 (Fall 2002) History is important. You choose who you are by choosing which tradition you belong to. Aung San Suu Kyi seeks to call attention to what she sees as the best aspects of the national and cultural heritage and to identify herself with them. Such profound knowledge and such a deep sense of identity are an irresistible force in the political struggle.... 2002  
Marion Crain WHITEWASHED LABOR LAW, SKINWALKING UNIONS 23 Berkeley Journal of Employment and Labor Law 211 (2002) I. Introduction. 212 II. Class Solidarity Means White Solidarity: Race-Neutral Organizing. 216 A. Slavery's Legacy. 217 B. White Privilege. 219 C. Colorblind Organizing Ideology. 221 III. An Alternative Ideology: Civil Rights Unionism. 223 A. Struggles for Racial/Economic Justice. 224 B. Immigrant Organizing. 228 IV. Colorblind Organizing... 2002  
Ariela Gross BEYOND BLACK AND WHITE: CULTURAL APPROACHES TO RACE AND SLAVERY 101 Columbia Law Review 640 (April, 2001) This Essay surveys the new field of cultural-legal history, highlighting its promise and pitfalls for the study of race and slavery. It discusses several aspects of the new cultural approaches: the view of trials as narratives or performances; the emphasis on the agency of outsiders to the law, including people of color and white women; and a... 2001  
Marion Crain , Ken Matheny LABOR'S IDENTITY CRISIS 89 California Law Review 1767 (December, 2001) In this Article, Professor Crain and Mr. Matheny assess the consequences of organized labor's appeal to unalloyed class consciousness in an increasingly diverse workforce. Tracing the historical evolution of labor's search for an ideology that would reach the hearts and minds of American workers and the public, the authors find that the... 2001  
Lee A. Harris POLITICAL AUTONOMY AS A FORM OF REPARATIONS TO AFRICAN-AMERICANS 29 Southern University Law Review 25 (Fall 2001) I. INTRODUCTION For good reason, there has been little writing on reparations for African-Americans. After all, the notion of African-Americans receiving payment in cash is preposterous ; the argument for affirmative action as a form of reparations for African-Americans--an argument for payment in kind--is unconstitutional ; and, the idea of... 2001  
Tanya K. Hernandez AN EXPLORATION OF THE EFFICACY OF CLASS-BASED APPROACHES TO RACIAL JUSTICE: THE CUBAN CONTEXT 33 U.C. Davis Law Review 1135 (Summer, 2000) What guarantee do Negroes have that socialism means racial equality any more than does capitalist democracy? Would socialism mean the assimilation of the Negro into the dominant racial group .. In other words, the failure of American capitalist abundance to help solve the crying problems of the Negro's existence cannot be fobbed off on some future... 2000  
Gil Gott CRITICAL RACE GLOBALISM?: GLOBAL POLITICAL ECONOMY, AND THE INTERSECTIONS OF RACE, NATION, AND CLASS 33 U.C. Davis Law Review 1503 (Summer, 2000) The type of intellectual and political project that is the topic of this Article, one that expressly links racial and international justice struggles, has been salient in the West for much of the twentieth century. Indeed, W.E.B. Du Bois's much-quoted aphorism that the problem of the twentieth century is the problem of the color-line, refers in... 2000  
Mary Romero HISTORICIZING AND SYMBOLIZING A RACIAL ETHNIC IDENTITY: LESSONS FOR COALITION BUILDING WITH A SOCIAL JUSTICE AGENDA 33 U.C. Davis Law Review 1599 (Summer, 2000) In the late 1960s and 1970s the civil rights and antiwar movements splintered into an array of groups grounded in identity politics. A quarter of a century later, concern for inclusion, diversity, and difference continues to dominate progressive literature. Although groups centering on discrete identities struggled to find a rallying point from... 2000  
Anthony E. Cook KING AND THE BELOVED COMMUNITY: A COMMUNITARIAN DEFENSE OF BLACK REPARATIONS 68 George Washington Law Review 959 (July/September, 2000) Much to the surprise and dismay of many, Dr. Martin Luther King, Jr. advocated that America pay reparations to black Americans for the unpaid wages of slavery. This paper argues that King's call for reparations is wholly consistent with his conception of a Beloved Community, a socio-spiritual vision of a transformed America. As a communitarian who... 2000  
Keith Aoki SPACE INVADERS: CRITICAL GEOGRAPHY, THE 'THIRD WORLD' IN INTERNATIONAL LAW AND CRITICAL RACE THEORY 45 Villanova Law Review 913 (2000) I. Introduction: Why Space Matters: A Paradox and a Question. 914 II. The Politics of Place and Space in the Condition of Postmodernity. 917 III. The Critique of Development in International Law: Where Exactly Is the Third World?. 924 IV. Liberal v. Cultural Nationalist Visions of Race . 931 V. Race, Place and Space Matter. 936 A.... 2000  
Brook K. Baker TRADITIONAL ISSUES OF PROFESSIONAL RESPONSIBILITY AND A TRANSFORMATIVE ETHIC OF CLIENT EMPOWERMENT FOR LEGAL DISCOURSE 34 New England Law Review 809 (Summer, 2000) Is legal writing an instrumentalist skill, conveying substantive content in a purposeful but relatively value-free manner, or is it a cultural/political practice, confirming or challenging the prevailing legal order and entrenched systems of inclusion and exclusion? Is it a personal competency, nurtured by a maturing professional, who harnesses it... 2000  
Marion Crain ; & Ken Matheny "LABOR'S DIVIDED RANKS": PRIVILEGE AND THE UNITED FRONT IDEOLOGY 84 Cornell Law Review 1542 (September, 1999) The American workforce, once a relatively homogenous group by race, ethnicity, and gender, has grown increasingly diverse. As the workforce has diversified, workplace disputes, once framed in terms of class conflict and considered the province of labor unions, have been eclipsed by identity-based claims raising issues relating to race, ethnicity,... 1999  
Margaret Chon ACTING UPON IMMIGRANT ACTS: ON ASIAN AMERICAN CULTURAL POLITICS BY LISA LOWE 76 Oregon Law Review 765 (Fall 1997) How might a literature professor converse with a law professor about law? Selecting what I think are some of the more extraordinary excerpts from Professor Lowe's seven densely and finely-crafted essays, I meditate on each from the perspective of critical race theory and other legally grounded paradigms. Rather than narrate a linear critique of... 1997  
Walter Johnson INCONSISTENCY, CONTRADICTION, AND COMPLETE CONFUSION: THE EVERYDAY LIFE OF THE LAW OF SLAVERY 22 Law and Social Inquiry 405 (Spring, 1997) Forecasting earthquakes is a difficult business: locating fault lines that lie deep beneath the surface of the earth; estimating friction and force; predicting the effects of the cataclysm upon the world above. Though the job of historians is characterized by the same sorts of questions-isolating the grand threads of history that underlie their... 1997  
Noel C. Richardson IS THERE A CURRENT INCARCERATION CRISIS IN THE BLACK COMMUNITY? AN ANALYSIS OF THE LINK BETWEEN CONFINEMENT, CAPITAL, AND RACISM IN THE UNITED STATES 23 New England Journal on Criminal and Civil Confinement 183 (Winter 1997) In October 1995, the Sentencing Project released a report concluding that one of every three young black men is now under the supervision of the criminal justice system. The report followed the organization's 1990 report indicating that one in four young black men was under criminal justice supervision. The conclusions of the Sentencing Project are... 1997  
Harry Hutchinson TOWARD A CRITICAL RACE REFORMIST CONCEPTION OF MINIMUM WAGE REGIMES: EXPLODING THE POWER OF MYTH, FANTASY, AND HIERARCHY 34 Harvard Journal on Legislation 93 (Winter, 1997) This Article calls for an intense examination of minimum wage regimes in light of the deplorable situation facing many minority, low-skilled workers. The author provides a searching mode of analysis drawn from Critical Race Theory and classical-liberal civil rights scholarship that ferrets out any evidence of discriminatory intent, whether explicit... 1997  
Ann R. Tickamyer PUBLIC POLICY AND PRIVATE LIVES: SOCIAL AND SPATIAL DIMENSIONS OF WOMEN'S POVERTY AND WELFARE POLICY IN THE UNITED STATES 84 Kentucky Law Journal 721 (1995-1996) Seventy-five years after gaining suffrage and almost one hundred fifty years since the Declaration of Sentiments, adopted by the First Women's Rights Convention in Seneca Falls, New York, proclaimed women's human rights and rights as citizens of the United States, women's ability to realize these rights remains circumscribed, ambiguous, and in... 1996  
Christopher T. Wonnell MARKET CAUSES OF CONSTITUTIONAL VALUES 45 Case Western Reserve Law Review 399 (Winter 1995) I. Introduction: Markets and Constitutional Tastes. 400 A. The Question to be Explored. 400 B. Mechanisms for the Influence of Economic Incentives on Values. 402 1. Economic Mechanisms. 402 2. Psychological Mechanisms. 403 3. Cultural Mechanisms. 406 4. Summary. 407 C. The Internal Criticism Problem. 407 D. Values Encouraged by the Market. 409 II.... 1995  
By Jennifer M. Russell THE RACE/CLASS CONUNDRUM AND THE PURSUIT OF INDIVIDUALISM IN THE MAKING OF SOCIAL POLICY 46 Hastings Law Journal 1353 (July, 1995) Now I think there is a very good reason why the Negro in this country has been treated for such a long time in such a cruel way, and some of the reasons are economic and some of them are political. . . . Some of them are social, and these reasons are somewhat more important because they have to do with our social panic, with our fear of losing... 1995  
Anthony D. Taibi ENVIRONMENTAL JUSTICE, STRUCTURAL ECONOMIC THEORY, AND COMMUNITY ECONOMIC EMPOWERMENT 9 Saint John's Journal of Legal Commentary 491 (Spring, 1994) Until very recently, two separate and distinct environmental movements have existed in the United States. One, usually identified by the media as the environmental movement, bases itself in Washington or other centers of power, and consists primarily of policy analysts, lawyers, scientists, and other professionals. Its governing ideology may be... 1994  
Jerry Frug DECENTERING DECENTRALIZATION 60 University of Chicago Law Review 253 (Spring, 1993) The fear of making the national government the predominant power in the country is as old as America. But in the late twentieth century many people think that there is no alternative. Genuine decentralization of power, the traditional argument runs, is no longer possible. The world is too complex, local resources too inadequate, local power too... 1993  
Pamela L. Perry TWO FACES OF DISPARATE IMPACT DISCRIMINATION 59 Fordham Law Review 523 (March, 1991) Introduction. 524 I. The Spectrum of Disparate Impact Theories. 527 A. Intent-Based Theories. 528 1. Discriminatory Purpose Theory. 528 2. Fault Theory. 531 B. Causation Theories. 533 C. Effects-Based Theories. 536 D. Summary. 539 II. Comparing the Fault and Effects Theories under Title VII. 540 A. The Distinct Theories of Discrimination. 540 1.... 1991  
Frances Lee Ansley STIRRING THE ASHES: RACE, CLASS AND THE FUTURE OF CIVIL RIGHTS SCHOLARSHIP 74 Cornell Law Review 993 (September, 1989) I. Introduction II. The Ashes of Our ExpectationsDDD' A. The Journey Here B. Troubled Doctrine: Affirmative Action 1. The Innocent Victim Introduced 2. The Innocent Victim Examined III. How Have We FailedAnd Why? A. White Supremacy as a Feature of Class Domination B. White Supremacy for its Own Sake C. Criticism IV. Where Do We Go From Here?... 1989  
Karissa Provenza OPERATING WITHIN SYSTEMS OF OPPRESSION 18 Hastings Race and Poverty Law Journal 295 (Summer, 2021) I. INTRODUCTION. 297 II. DEFINITIONS AND ORIGINS OF TERMINOLOGY. 298 III. MODERN EXECUTION AND DISCRIMINATION. 299 IV. GATEKEEPING OF PROPERTY INTERESTS. 304 A. Property Interests of Whiteness. 304 B. Guarding Whiteness. 305 C. Property Interests in Male Supremacy. 306 V. THE EXCLUSIVITY OF AN OBJECTIVE LEGAL SYSTEM FORMED THROUGH A WHITE...    
1 2 3 4 5 6 7 8