AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Justin P. Walsh SWEPT UNDER THE RUG: INTEGRATING CRITICAL RACE THEORY INTO THE LEGAL DEBATE ON THE USE OF RACE 6 Seattle Journal for Social Justice 673 (Spring/Summer, 2008) On November 3, 1998, Washington State voters, by a large majority, passed Ballot Initiative 200 (I-200), the Washington State Civil Rights Act. Despite its progressive title, I-200 essentially ended affirmative action in Washington by denying the state the ability to grant race-based preferences in hiring, public contracting, or education. In an... 2008  
Bridget J. Crawford TAX AVATARS 2008 Utah Law Review 793 (2008) I. Introduction. 793 II. Creating a Legal Avatar: The Power of Attorney. 794 A. Creation. 794 B. Scope. 795 C. Limitations. 796 III. Taxing Legal Avatars. 797 A. Estate and Gift Tax Generally. 797 B. Why a Power of Attorney Does Not Give Rise to Wealth Transfer Taxation. 804 C. The Impact of Fiduciary Duty in Other Transfer Tax Contexts. 806 IV.... 2008  
Margalynne J. Armstrong, Stephanie M. Wildman TEACHING RACE/TEACHING WHITENESS: TRANSFORMING COLORBLINDNESS TO COLOR INSIGHT 86 North Carolina Law Review 635 (March, 2008) This Article argues that whiteness operates as the normative foundation of most discussions of race. Legal educators often overlook the role of whiteness in the law school setting and in law more generally. Identifying and understanding whiteness should be an essential component of legal education. This Article considers reasons why legal education... 2008  
Mauro Zamboni THE "SOCIAL" IN SOCIAL LAW: AN ANALYSIS OF A CONCEPT IN DISGUISE 9 Journal of Law in Society 63 (Summer, 2008) The law and legal disciplines are not created in a vacuum. Though they appear natural and almost self-evident, the law and legal disciplines always tend, to a greater or narrower extent, to mirror the reality in which they are born and in which they grow. As pointed out some years ago by Jeremy Waldron: Legislatures and courts are political... 2008  
Kevin Noble Maillard , Janis L. McDonald THE ANATOMY OF GREY: A THEORY OF INTERRACIAL CONVERGENCE 26 Law & Inequality: A Journal of Theory and Practice 305 (Summer 2008) In Malone v. Civil Service Commission, Boston city authorities terminated the eleven-year employment of two firefighters who had falsified their employment applications. Twin brothers Philip and Paul Malone allegedly transformed themselves from White to Black on their applications in order to benefit from a federal consent decree. Although their... 2008  
Sora Y. Han THE CONDITIONAL LOGIC OF STRICT SCRUTINY: RACE AND SEXUALITY IN CONSTITUTIONAL LAW 4 Stanford Journal of Civil Rights & Civil Liberties 77 (April, 2008) The close-up discloses a depredication of the subject, an emptying out of personality. The face, then, withdraws from the represented space, retreats into an other dimension. - Joan Copjec, Imagine There's No Woman (2002) Introduction. 78 I. Race, Law, and the Feminine--A Cinematic Example. 83 II. Korematsu and the Conditional Logic of Strict... 2008  
Mark A. Graber THE COUNTERMAJORITARIAN DIFFICULTY: FROM COURTS TO CONGRESS TO CONSTITUTIONAL ORDER 4 Annual Review of Law and Social Science 361 (2008) judicial review, democracy, accountability This review documents how scholarly concern with democratic deficits in American constitutionalism has shifted from the courts to electoral institutions. Prominent political scientists are increasingly rejecting the countermajoritarian difficulty as the proper framework for studying and evaluating judicial... 2008  
Eric Engle THE FAKE REVOLUTION: UNDERSTANDING LEGAL REALISM 47 Washburn Law Journal 653 (Spring 2008) I. Introduction. 653 II. The Judicial Revolution . 653 A. The Great Depression: The Judicial Revolution. 655 B. Legal Realism. 657 C. The Realist Rejection of Formalism . 660 III. Post War: Co-opting Radicalism to Serve Global Hegemony. 664 A. Law and Economics. 666 B. Legal Process Interest Balancing. 668 IV. Conclusion. 674 2008  
Berta Esperanza Hernandez-Truyol THE GENDER BEND: CULTURE, SEX, AND SEXUALITY-A LATCRITICAL HUMAN RIGHTS MAP OF LATINA/O BORDER CROSSINGS 83 Indiana Law Journal 1283 (Fall, 2008) [C]ultures provide specific plots for lives. Away, she went away but each place she went pushed her to the other side, al otro lado. [j]Mejor puta que pata. Mejor ladrón que maricón. In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining,... 2008  
Anna Williams Shavers THE INVISIBLE OTHERS AND IMMIGRANT RIGHTS: A COMMENTARY 45 Houston Law Review 99 (Symposium 2008) I. Introduction. 100 II. Revelations in the Hurricane Katrina Aftermath. 102 A. The Invisibility of Black Americans. 102 1. So Poor, So Black: The Demographics of the Katrina Victims and the Focus on Black Americans. 102 2. Tensions between Black Americans and Immigrants. 111 B. The Mistreatment of Immigrants. 123 1. Citizenship Matters. 124 2.... 2008  
Donald F. Tibbs , Tryon P. Woods THE JENA SIX AND BLACK PUNISHMENT: LAW AND RAW LIFE IN THE DOMAIN OF NONEXISTENCE 7 Seattle Journal for Social Justice 235 (Fall/Winter 2008) [W]e must firmly place ourselves in another space to describe our age, the age and space of raw life .. It is a place where life and death are so entangled that it is no longer possible to distinguish them, or to say what is on the side of the shadow or its obverse. --Achille Mbembe The welcome sign at the entrance to Jena, Louisiana, describes it... 2008  
Nuno Garoupa , , Thomas S. Ulen THE MARKET FOR LEGAL INNOVATION: LAW AND ECONOMICS IN EUROPE AND THE UNITED STATES 59 Alabama Law Review 1555 (2008) Abstract. 1556 I. Introduction. 1557 II. What Is a Legal Innovation? And What Counts as Law and Economics?. 1564 III. Differences Between the United States and Europe with Respect to the Reception of Law and Economics. 1568 IV. Some Possible Reasons for These Differences. 1578 A. Political Ideology. 1579 B. Money and the Success of Law-... 2008  
Devon W. Carbado, Cheryl I. Harris THE NEW RACIAL PREFERENCES 96 California Law Review 1139 (October, 2008) Michigan's Proposal 2 and California's Proposition 209 both prohibit their state governments from discriminating or granting preferential treatment . on the basis of race. Both initiatives were aimed at eliminating state promulgated race-based affirmative action programs. For advocates of Proposal 2 and Proposition 209, affirmative action is the... 2008  
Adrien Katherine Wing THE SOUTH AFRICAN CONSTITUTION AS A ROLE MODEL FOR THE UNITED STATES 24 Harvard BlackLetter Law Journal 73 (Spring 2008) We are on the verge of achieving a new administration in Washington, perhaps a historic one led by a black man, Senator Barack Obama, or a white woman, Senator Hillary Clinton. If the Democratic Party comes back into power, a number of law students, faculty, and alumni may soon be in positions in the executive, legislative, and judicial branches,... 2008  
Devon W. Carbado , Rachel F. Moran THE STORY OF LAW AND AMERICAN RACIAL CONSCIOUSNESS: BUILDING A CANON ONE CASE AT A TIME 76 UMKC Law Review 851 (Spring, 2008) How does one tell a story about establishing an American race law cannon? This was precisely the question that confronted us as we conceived Race Law Stories, an edited volume of essays on important cases on race and the law. At the outset, we had to engage the question of whether we even need a race law canon. The answer is not obviously yes.... 2008  
Anthony Paul Farley THE THIRD ANNUAL JEROME M. CULP MEMORIAL LECTURE: THE ZOMBIE JAMBOREE 4 FIU Law Review 175 (Fall, 2008) First, a prayer: At round earth's imagin'd corners, Blow Your trumpets, Angels, and arise, Arise From Death, you numberless infinities Of souls, and to your scattered bodies go. It is an honor and a joy to give the Third Annual Jerome M. Culp Lecture at Critical Localities: LatCrit XII. This memorial lecture is an honor because LatCrit has been the... 2008  
David A. Skeel, Jr. THE UNBEARABLE LIGHTNESS OF CHRISTIAN LEGAL SCHOLARSHIP 57 Emory Law Journal 1471 (2008) When the ascendancy of a new movement leaves a visible a mark on American politics and law, its footprints ordinarily can be traced through the pages of America's law reviews. But the influence of evangelicals and other theologically conservative Christians has been quite different. Surveying the elite law review literature in 1976, the year... 2008  
Leonard M. Baynes THE USE OF REFLECTION PAPERS AND STUDENT AUTOBIOGRAPHIES IN TEACHING RACE, RACISM AND THE LAW 1 the crit: a Critical Studies Journal 121 (2008) For over ten years, I have taught a course in Race and Racism in the Law at several American law schools. The course is part legal history and part jurisprudence. I use the Race and Races: Cases and Resources for a Diverse America as my casebook as well as my own supplemental readings. The classes are often the most racially diverse class in the... 2008  
Reginald Leamon Robinson THE WORD AND THE PROBLEM OF HUMAN UNCONSCIOUSNESS: AN ANALYSIS OF CHARLES R. LAWRENCE'S MEDITATION ON RACISM, OPPRESSION, AND EMPOWERMENT 40 CONNtemplations 1 (Spring, 2008) Charles R. Lawrence's Word, a form of liberation theology, gives its practitioners an intrinsic tool for empowering and liberating those who have been silenced and marginalized by the dominant legal narrative and by racism and sexism. As victims, oppression is external to, independent of, and happening to minorities and women. Yet, relying on... 2008  
Chandan Reddy TIME FOR RIGHTS? LOVING, GAY MARRIAGE, AND THE LIMITS OF LEGAL JUSTICE 76 Fordham Law Review 2849 (May, 2008) The only historian capable of fanning the spark of hope in the past is the one who is firmly convinced that even the dead will not be safe from the enemy if he is victorious. And this enemy has never ceased to be victorious. -- Walter Benjamin The document is not the fortunate tool of a history that is primarily and fundamentally memory; history is... 2008  
Rhonda V. Magee TOWARD AN INTEGRAL CRITICAL APPROACH TO THINKING, TALKING, WRITING, AND TEACHING ABOUT RACE 43 University of San Francisco Law Review 259 (Fall 2008) AS I SIT DOWN AT MY DESK to read a draft of the essay submitted to our law review for this issue by Professor Dan Subotnik, the odd but well-understood phrase beside myself comes to mind. A surge of negativity runs through me, so intense it hurts from within. It is as if my body, all ninety-seven pounds of it, has just been hit with a vein-deep... 2008  
K.J. Greene TRADEMARK LAW AND RACIAL SUBORDINATION: FROM MARKETING OF STEREOTYPES TO NORMS OF AUTHORSHIP 58 Syracuse Law Review 431 (2008) Introduction. 431 I. Trademark Law Racial Dynamics. 433 A. Economic Analysis, Trademark Law and Racial Dynamics. 434 B. Trademark and Racial Classifications. 436 C. Section 2 of the Lanham Act and the Marketplace of Racial Norms. 437 D. Moral Rights and Trademark Law. 438 E. A History of Distortion by Stereotyping. 440 F. Stereotyping as a... 2008  
Derek W. Black TURNING STONES OF HOPE INTO BOULDERS OF RESISTANCE: THE FIRST AND LAST TASK OF SOCIAL JUSTICE CURRICULUM, SCHOLARSHIP, AND PRACTICE 86 North Carolina Law Review 673 (March, 2008) The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors' approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social... 2008  
Brian R. Decker VIOLENCE AND THE PRIVATE: A GIRARDIAN MODEL OF DOMESTIC VIOLENCE IN SOCIETY 11 University of Pennsylvania Journal of Law and Social Change 105 (2007-2008) Brett Myers punched his wife in the face. That's what the Philadelphia Phillies' ace pitcher's wife told police in June 2006. When the club was visiting Boston for interleague play, the couple was walking back to their hotel from a bar when they started arguing. Kim Myers said Brett, who is a foot taller than Kim and twice as heavy, hit her in the... 2008  
Richard Delgado , Jean Stefancic WHAT IF JOHN CALMORE HAD A LATINO/A SIBLING? 86 North Carolina Law Review 769 (March, 2008) Over the course of a long career, John Calmore has addressed a host of issues having to do with housing for minority communities, particularly African Americans. These issues include redlining (refusal to extend credit or insurance for housing in black areas), segregation, and substandard municipal services. Although Calmore's work is pathbreaking,... 2008  
Maurice R. Dyson WHEN GOVERNMENT IS A PASSIVE PARTICIPANT IN PRIVATE DISCRIMINATION: A CRITICAL LOOK AT WHITE PRIVILEGE & THE TACIT RETURN TO INTERPOSITION IN PICS V. SEATTLE SCHOOL DISTRICT 40 University of Toledo Law Review 145 (Fall 2008) THIS article disputes Samuel Estreicher's non-preference neutrality theory regarding the Supreme Court's approach to tiebreaker cases. Estreicher's theory is that the Court is concerned merely with the neutral distribution--and withholding--of governmental benefits on the basis of race and ethnicity. This article argues that the Court's... 2008  
Shalini R. Deo WHERE HAVE ALL THE LOVINGS GONE?: THE CONTINUING RELEVANCE OF THE MOVEMENT FOR A MULTIRACIAL CATEGORY AND RACIAL CLASSIFICATION AFTER PARENTS INVOLVED IN COMMUNITY SCHOOLS V. SEATTLE SCHOOL DISTRICT NO. 1 11 Journal of Gender, Race and Justice 409 (Spring 2008) Almighty God created the races white, black, yellow, Malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix. This nation has a moral and ethical obligation to fulfill... 2008  
Justin S. Conroy "SHOW ME YOUR PAPERS": RACE AND STREET ENCOUNTERS 19 National Black Law Journal 149 (2006-2007) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. -- U.S.... 2007  
Angela Onwuachi-Willig A BEAUTIFUL LIE: EXPLORING RHINELANDER V. RHINELANDER AS A FORMATIVE LESSON ON RACE, IDENTITY, MARRIAGE, AND FAMILY 95 California Law Review 2393 (December, 2007) During the mid-1920s, the story of the courtship, marriage, and separation of Alice Beatrice Jones and Leonard Kip Rhinelander astounded the American public, especially the citizens of New York and black Americans across the country. Alice, a chambermaid and the racially mixed daughter of English immigrants who had worked as servants on a large... 2007  
Hari M. Osofsky A LAW AND GEOGRAPHY PERSPECTIVE ON THE NEW HAVEN SCHOOL 32 Yale Journal of International Law 421 (Summer 2007) I. Introduction. 422 II. From the Past: Barriers to Interdisciplinary Interchange. 426 A. The Attack on (and Gradual Re-Embrace of?) Academic Geography in the United States. 427 1. Origins of U.S. Academic Geography. 428 2. Academic War and Departmental Eliminations. 430 3. The New Geography and Its Collaboration with Law. 432 B. The... 2007  
Eric K. Yamamoto , Sandra Hye Yun Kim , Abigail M. Holden AMERICAN REPARATIONS THEORY AND PRACTICE AT THE CROSSROADS 44 California Western Law Review 1 (Fall 2007) Slowed by controversial legal claims, skeptical judges, and flagging mainstream public support, American reparations theory and practice stand at a crossroads. The path they next traverse will likely determine the long-term viability of reparations claims, not only for African Americans, but also for anyone suffering the persistent wounds of... 2007  
Jenny Rivera AN EQUAL PROTECTION STANDARD FOR NATIONAL ORIGIN SUBCLASSIFICATIONS: THE CONTEXT THAT MATTERS 82 Washington Law Review 897 (November, 2007) Abstract: The Supreme Court has stated, [c]ontext matters when reviewing race-based governmental action under the Equal Protection Clause. Judicial review of legislative race-based classifications has been dominated by the context of the United States' history of race-based oppression and consideration of the effects of institutional racism.... 2007  
Maneesha Deckha ANIMAL JUSTICE, CULTURAL JUSTICE: A POSTHUMANIST RESPONSE TO CULTURAL RIGHTS IN ANIMALS 2 Journal of Animal Law & Ethics 189 (May, 2007) Law and culture are two concepts that are increasingly placed in relation to each other. This pairing may be explained in part by the turn to culture by various cultural communities as a paradigm through which one can articulate claims for human rights and justice, including the protection of biodiversity and intellectual property. Where justice... 2007  
  ANNOTATED LEGAL BIBLIOGRAPHY ON GENDER 13 Cardozo Journal of Law & Gender 467 (Spring 2007) Domestic Violence. 468 Education. 469 Family. 473 Health. 485 History & Culture. 487 International Law & Human Rights. 490 Marriage. 500 Reproductive Rights & Technology. 504 Same-Sex Marriage. 508 Sex Crimes. 515 Sex Discrimination. 518 Sexual Identity. 520 Workplace Discrimination & Harassment. 524 2007  
Sean A. Pager ANTISUBORDINATION OF WHOM? WHAT INDIA'S ANSWER TELLS US ABOUT THE MEANING OF EQUALITY IN AFFIRMATIVE ACTION 41 U.C. Davis Law Review 289 (November, 2007) Who should be the beneficiaries of race-conscious affirmative action? This rarely asked question serves to illuminate a larger debate over the nature of equality. Neither of two competing paradigms of equal protection-- antidiscrimination and antisubordination--offers a satisfactory method to select beneficiaries. The Supreme Court's current... 2007  
Christopher J. Tyson AT THE INTERSECTION OF RACE AND HISTORY: THE UNIQUE RELATIONSHIP BETWEEN THE DAVIS INTENT REQUIREMENT AND THE CRACK LAWS 50 Howard Law Journal 345 (Winter 2007) INTRODUCTION. 346 I. RACIAL REDUX: DAVIS AND PLESSY IN CONTEXT. 352 A. Davis and Plessy. 354 B. The Davis Decision and the Challenges to the Crack Laws. 359 II. RACIALIZED MASS IMPRISONMENT: RESHAPING AND REMAKING THE PECULIAR INSTITUTION. 363 A. Getting Tough on Crime: Laying the Foundation. 365 B. The Law as Politics: The Court in Transition.... 2007  
Jessica Solyom, Jeremiah Chin, Kristi Ryuijin, Nicol Razón, Thanhtung Thantrong, X. Yvette Gónzalez BE CAREFUL WHAT YOU ASK FOR: EDUCACIÓN PARA TODAS/OS, THE PERILS AND THE POWER 7 Nevada Law Journal 862 (Summer 2007) Demonstrations supporting human and civil rights, while often romanticized as a phenomenon of the past, are becoming more pervasive today, reflecting the continued forms of discrimination and oppression undocumented workers, individuals, and families experience. In the past few years, Utah residents have been engaged in their own battle to... 2007  
Adam P. Romero BOOK REVIEW: SPLIT DECISIONS: HOW AND WHY TO TAKE A BREAK FROM FEMINISM BY JANET HALLEY 19 Yale Journal of Law & Feminism 227 (2007) Introduction. 227 I. Halley's Arguments. 229 II. Feminist Methods. 236 A. Feminist Methodology, or, Is Halley Saying Anything New?. 237 B. Halley's Project Is Possible Without Taking a Break From Feminism: An Example. 242 III. Queer and Feminist Divisions and Domains. 246 A. What Is Queer Legal Theory?. 247 B. Is a Queer Break from Feminism... 2007  
Nancy Levit, Allen Rostron CALLING FOR STORIES 75 UMKC Law Review 1127 (Summer, 2007) Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators who were lawyers. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the... 2007  
Gloria J. Ladson-Billings CAN WE AT LEAST HAVE PLESSY? THE STRUGGLE FOR QUALITY EDUCATION 85 North Carolina Law Review 1279 (June, 2007) It's not who you attend school with, but who controls the schools you attend. -- Nikki Giovanni He who opens a school door, closes a prison. -- Victor Hugo Violence is black children going to school for 12 years and receiving 6 years' worth of education. -- Julian Bond Introduction. 1280 I. Homage to Brown. 1280 II. The Chronicle of the Sacrificed... 2007  
Jennifer Gordon , R. A. Lenhardt CITIZENSHIP TALK: BRIDGING THE GAP BETWEEN IMMIGRATION AND RACE PERSPECTIVES 75 Fordham Law Review 2493 (April, 2007) The breadth of citizenship as an analytical framework is amply demonstrated by the proceedings of this Symposium. Its very richness, however, creates challenges for the scholars working within its ambit. Others have discussed the need for clarity in parsing the multiple meanings of the concept. A different challenge, less explored, is that of... 2007  
Ediberto Roman COALITIONS AND COLLECTIVE MEMORIES: A SEARCH FOR COMMON GROUND 58 Mercer Law Review 637 (Winter 2007) We're going to take this movement and . . . reach out to the poor people in all directions in this country . . . into the Southwest after Indians, into the West after the Chicanos, into Appalachia after poor whites, and into the ghettos after Negroes and Puerto Ricans. And we are going to bring them together and enlarge this campaign into something... 2007  
John Tehranian COMPULSORY WHITENESS: TOWARDS A MIDDLE EASTERN LEGAL SCHOLARSHIP 82 Indiana Law Journal 1 (Winter, 2007) Some time ago, I was on the teaching market and I received an invitation to give a job talk at a law school. I flew to the school, enjoyed a pleasant day of meetings with the faculty, and received strong indications of support for my candidacy. I had been warned about the vagaries of the academic hiring process, so I naturally took this signal with... 2007  
Paul R. Tremblay CRITICAL LEGAL ETHICS REVIEW OF LAWYERS ETHICS AND THE PURSUIT OF SOCIAL JUSTICE: A CRITICAL READER, EDITED BY SUSAN D. CARLE, FOREWORD BY ROBERT W. GORDON 20 Georgetown Journal of Legal Ethics 133 (Winter, 2007) These days, it is not easy being a progressive lawyerone of those noble folks who choose to work with disadvantaged clients and underserved communities. Not because of the low pay or the diminished status that such lawyers may hold within some professional circlesalthough both certainly could be considered drawbacks. And not because the job is... 2007  
Ronald Turner CROSS BURNINGS AND THE HARM-VALUATION ANALYTIC: A TALE OF TWO CASES 9 Berkeley Journal of African-American Law & Policy 3 (2007) Cross burning is a form of hate speech inflict[ing] its harm through its meaning as an act which promotes racial inequality through its message and impact, engendering terror and effectuating segregation. Does the First Amendment to the United States Constitution forbid or permit laws regulating and criminalizing this expression and... 2007  
George H. Taylor DERRICK BELL'S NARRATIVES AS PARABLES 31 New York University Review of Law and Social Change 225 (2007) What does the literary character of Derrick Bell's fictional narratives tell us about how they should be interpreted? In his chronicle, The Space Traders, for instance, Bell relates the tale of alien visitors to the United States who promise the country wealth if it will trade the nation's blacks. The country votes decisively for the trade. In The... 2007  
Anthony V. Alfieri FAITH IN COMMUNITY: REPRESENTING "COLORED TOWN" 95 California Law Review 1829 (October, 2007) What about this isn't a community? Community lawyering is all about faith, faith in others and faith outside the law. For progressive lawyers working in the fields of civil rights and poverty law, faith is expressed in the professional norms of legal-political activism. Ours is the positivist faith of the lawyer-engineer laboring inside the... 2007  
Sylvia R. Lazos Vargas FOREWORD: EMERGING LATINA/O NATION AND ANTI-IMMIGRANT BACKLASH 7 Nevada Law Journal 685 (Summer 2007) LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of... 2007  
Justin D. Levinson FORGOTTEN RACIAL EQUALITY: IMPLICIT BIAS, DECISIONMAKING, AND MISREMEMBERING 57 Duke Law Journal 345 (November, 2007) In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way judges and jurors encode, store, and recall relevant case facts. I then explain how this... 2007  
Deleso Alford Washington HURRICANE KATRINA AND COLLECTIVE IDENTITY: SEEING THROUGH A "HER-STORICAL LENS" 31 Nova Law Review 325 (Winter 2007) I. Introduction 326 II. Hurricane Katrina and Geography 329 III. Identity and Collective Identity 334 IV. Identity and Symbols 335 2007  
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