AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Gowri Ramachandran INTERSECTIONALITY AS "CATCH 22": WHY IDENTITY PERFORMANCE DEMANDS ARE NEITHER HARMLESS NOR REASONABLE 69 Albany Law Review 299 (2005-2006) I. Introduction. 299 II. Assimilation, Essentialism, and the Slippery Slope . 304 III. The Unrealized Promise of Intersectional Analysis. 311 IV. Price Waterhouse and the Double Bind . 313 V. Contradictions Exposed by Intersectionals. 322 VI. Intersectional Hypotheticals. 327 A. How Intersectionals Confound the Prior Assumptions of... 2006  
Robin West KATRINA, THE CONSTITUTION, AND THE LEGAL QUESTION DOCTRINE 81 Chicago-Kent Law Review 1127 (2006) Does the Fourteenth Amendment and its Equal Protection Clause--the promise that no state shall deny equal protection of the laws --require that public officials, either state or federal, use their sovereign power in such a way as to reduce debilitating poverty? More modestly, does this Constitutional commitment to the equal protection of the... 2006  
Berta Hernández-Truyol, Angela Harris, Francisco Valdés LATCRIT X AFTERWORD: BEYOND THE FIRST DECADE: A FORWARD-LOOKING HISTORY OF LATCRIT THEORY, COMMUNITY AND PRAXIS 26 Chicana/o-Latina/o Law Review 237 (Spring 2006) Introduction. 238 I. A Brief History of LatCrit Precursors. 241 A. Intellectual and Political Sources of LatCrit/CRT. 241 1. Intellectual Sources of LatCrit. 241 2. Political Sources of LatCrit. 248 II. LatCrit: From Concept to Practice. 252 A. Origins: Background Experience and Social Context. 253 B. The First Decade: Learning From Experience.... 2006  
Jack M. Balkin , Sanford Levinson LAW AND THE HUMANITIES: AN UNEASY RELATIONSHIP 18 Yale Journal of Law & the Humanities 155 (Summer 2006) In 1930, Judge Learned Hand, widely regarded as one of the most distinguished judges in our nation's history, spoke to the Juristic Society at the University of Pennsylvania Law School. In his address, Sources of Tolerance, he told his listeners I venture to believe that it is as important to a judge called upon to pass on a question of... 2006  
Yousef T. Jabareen LAW, MINORITY, AND TRANSFORMATION: A CRITIQUE AND RETHINKING OF CIVIL RIGHTS DOCTRINES 46 Santa Clara Law Review 513 (2006) The black revolution is much more than a struggle for the rights of Negroes. It is forcing America to face all its interrelated flaws--racism, poverty, and militarism. It is exposing the evils that are rooted deeply in the whole structure of our society. It reveals systematic rather than superficial flaws and suggests that radical reconstruction... 2006  
Theresa A. Gabaldon LIKE A FISH NEEDS A BICYCLE: PUBLIC CORPORATIONS AND THEIR SHAREHOLDERS 65 Maryland Law Review 538 (2006) There is, perhaps, only one thing left to say on the relationship of publicly held corporations and their shareholders, and it has something to do with fish and bicycles. Ownership of the corporation, already debunked by the law and economics movement of the 1980s and criticized by the progressive law scholars of the 1990s, simply is a guiding... 2006  
Taunya Lovell Banks MESTIZAJE AND THE MEXICAN MESTIZO SELF: NO HAY SANGRE NEGRA, SO THERE IS NO BLACKNESS 15 Southern California Interdisciplinary Law Journal 199 (Spring, 2006) It is precisely this black-white experience which may prove of indispensable value to us in the world we face today. The world is white no longer, and it will never be white again. Race in the United States appears to be constructed differently from race-like constructions in Latin American and Caribbean countries, especially for persons with... 2006  
Lindsay Perez Huber, Robin N. Johnson, Rita Kohli NAMING RACISM: A CONCEPTUAL LOOK AT INTERNALIZED RACISM IN U.S. SCHOOLS 26 Chicana/o-Latina/o Law Review 183 (Spring 2006) Internalized racism describes the conscious and unconscious acceptance of a racial hierarchy where whites are consistently ranked above People of Color. Although scholars across multiple disciplines have discussed this concept, the role of schools in instilling and perpetuating internalized racism within Students of Color has very rarely been... 2006  
Deborah A. Morgan NOT GAY ENOUGH FOR THE GOVERNMENT: RACIAL AND SEXUAL STEREOTYPES IN SEXUAL ORIENTATION ASYLUM CASES 15 Law and Sexuality: A Review of Lesbian, Gay, Bisexual and Transgender Legal Issues 135 (2006) I. Introduction. 135 II. Background. 137 A. Racism and Homophobia in the Immigration Process. 138 B. The Asylum Process. 139 C. Characteristics of Asylum Applicants. 141 D. Not Gay Enough for the Government: The Case of Mohammad . 144 III. Uncovering Bias in Sexual Orientation Asylum Decisions. 147 A. Racial Stereotypes and Essentialism. 148 B.... 2006  
J. Corey Harris OPPRESSION THROUGH VIOLENCE: THE CASE OF COLOMBIA -- AN EXPANSION OF THE FETISH OBJECT? 29 North Carolina Central Law Journal 98 (2006) Introduction. 99 A. Thesis. 101 B. Theoretical Framework. 101 C. The Significance of the Article. 102 Part I - A Culture of Violence. 103 A. Historical Violence. 103 1. State Sponsored Violence. 105 2. The Weak State Apparatus. 105 B. Unstable Democracy. 107 Part II - Major Guerilla Factions. 109 A. ELN, Ejercito de Liberación Nacional. 110 B.... 2006  
Kathleen O'Connor Ives OUT OF THE LOOP: FEMALE FEDERAL DISTRICT COURT CANDIDATES DISADVANTAGED BY A NOMINATION PROCESS IMBUED WITH FAVORITISM 16 Texas Journal of Women and the Law 103 (Fall 2006) I. Introduction. 104 II. Women's Involvement in the Judicial Nomination Process. 106 A. Female Judges on the Federal Bench: More than Window Dressing. 106 B. The Structure of the Nomination Process at the Federal District Court Level. 107 1. Misconstrued Objectives of the Hearings. 107 2. The Role of Congressional Members in the Nomination Process.... 2006  
Darren Rosenblum PARITY/DISPARITY: ELECTORAL GENDER INEQUALITY ON THE TIGHTROPE OF LIBERAL CONSTITUTIONAL TRADITIONS 39 U.C. Davis Law Review 1119 (March, 2006) C1-3Table of Contents L1-2Introduction . L31121 I. The Pariah of Parity. 1127 A. Parity, a Profoundly Foreign Concept. 1127 1. Sex Discrimination, Not Representation. 1127 2. Voting Rights Law and Gender. 1129 a. Political Representation Remedies Center on Race. 1129 b. Existing Political Representation Remedies Do Not and Cannot Apply to Women.... 2006  
Quinn White PROTECTING HOMOSEXUAL RIGHTS: A CONTRADICTION IN FIRST AMENDMENT JURISPRUDENCE 4 First Amendment Law Review 377 (Spring 2006) Within the American judicial system, the notions of free speech and equality are cherished judicial ideals. However, in relation to homophobic hate speech regulation, these two concepts often manifest in stark opposition to one another. The First Amendment protects the freedom of speech, thereby providing some protection for offensive speech. Yet,... 2006  
Cynthia Grant Bowman , Dorothy Roberts , Leonard S. Rubinowitz RACE AND GENDER IN THE LAW REVIEW 100 Northwestern University Law Review 27 (Special Issue 2006) A number of years ago a noted historian of the American West, Patricia Limerick, addressed the plenary session of the Association of American Law Schools. In her speech, she described how the received history of the West consisted of a narrative in which explorers like Lewis and Clark entered and discovered a vast empty territory. This account was,... 2006  
Rachel D. Godsil RACE NUISANCE: THE POLITICS OF LAW IN THE JIM CROW ERA 105 Michigan Law Review 505 (December, 2006) This Article explores a startling and previously unnoticed line of cases in which state courts in the Jim Crow era ruled against white plaintiffs trying to use common law nuisance doctrine to achieve residential segregation. These race-nuisance cases complicate the view of most legal scholarship that state courts during the Jim Crow era openly... 2006  
Wilton Hyman RACE, CLASS, AND THE INTERNAL REVENUE CODE: A CLASS BASED ANALYSIS OF A BLACK CRITIQUE OF THE INTERNAL REVENUE CODE 35 Capital University Law Review 119 (Fall, 2006) Economic class differences within the black community should be considered, in conjunction with the history of black racial oppression, in developing proposals to reduce economic disparities between whites and blacks. Analysis of A Black Critique of the Internal Revenue Code (A Black Critique), as well as the writings of commentators on that... 2006  
Michelle Adams RADICAL INTEGRATION 94 California Law Review 261 (March, 2006) It is a beautiful summer day. An aunt and her nine-year-old niece, both black, are driving from New York City to a Long Island resort to visit white friends. The aunt lives in a racially mixed community, her niece in a predominantly black neighborhood. Their friends have a modest boat docked at a marina which has a large pool. While the scenery is... 2006  
  REMARKS BY ADRIEN WING 100 American Society of International Law Proceedings 173 (March 29-April 1, 2006) Professor Adrien Wing addressed various questions that were circulated in advance of the panel in order to discuss the relevance of international law theory to the future. In particular, panelists were asked what they thought some important theoretical issues coming from the United States were. In response, Professor Wing discussed the current... 2006  
David G. García REMEMBERING CHAVEZ RAVINE: CULTURE CLASH AND CRITICAL RACE THEATER 26 Chicana/o-Latina/o Law Review 111 (Spring 2006) It's revisionist history . . . It's claiming that we're here. We're part of American history or world history. And it's also reclaiming the other side, the other point of view . . . In Chavez Ravine, we take the point of view of the residents. They're the heroes, you know. We don't take the point of view of let's say the developer. We already know... 2006  
H. Timothy Lovelace, Jr. REVISITING "THE NEED FOR NEGRO LAWYERS": ARE TODAY'S BLACK CORPORATE LAWYERS HOUSTONIAN SOCIAL ENGINEERS? 9 Journal of Gender, Race and Justice 637 (Spring 2006) The fiftieth anniversary of Brown v. Board of Education provided scholars with numerous opportunities to discuss the legal importance and historical implications of this landmark decision. For countless black law students, who obviously benefit from Brown, these symposia were the first time many of them had in-depth, scholarly discussions about the... 2006  
Richard Delgado RODRIGO'S ROUNDELAY: HERNANDEZ v. TEXAS AND THE INTEREST-CONVERGENCE DILEMMA 41 Harvard Civil Rights-Civil Liberties Law Review 23 (Winter, 2006) I was staring glumly at the single birthday card propped up at the edge of my office desk and pondering my own mortality when I heard a brisk knock at the door. Professor, it's me, Rodrigo. Have you got a minute? The door opened to reveal the lanky figure of my smiling young friend. I come bearing gifts, he said, picking up a large flat... 2006  
Camille A. Nelson STARTING ANEW: THE ADA's DISABILITY WITH RESPECT TO EPISODIC MENTAL ILLNESS 75 Mississippi Law Journal 1039 (Spring, 2006) Although lay people frequently conflate a diagnosis of mental illness with the existence of a disability, these concepts should properly be separated. The inclination towards conflation might be diminished by reference to the Americans with Disabilities Act (ADA) distinction between the existence of a disability and the legal ability to recover... 2006  
Joshua M. Levine STIGMA'S OPENING: GRUTTER'S DIVERSITY INTEREST(S) AND THE NEW CALCULUS FOR AFFIRMATIVE ACTION IN HIGHER EDUCATION 94 California Law Review 457 (March, 2006) In summary, the Equal Protection Clause does not prohibit the Law School's narrowly tailored use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body. So concluded Justice Sandra Day O'Connor's majority opinion in Grutter v. Bollinger upholding the University... 2006  
Cyra Akila Choudhury TERRORISTS & MUSLIMS: THE CONSTRUCTION, PERFORMANCE, AND REGULATION OF MUSLIM IDENTITIES IN THE POST 9/11 UNITED STATES 7 Rutgers Journal of Law & Religion 8 (April 28, 2006) Where there is power there is resistance. Sadly, some of us Muslims are often quite rude to one another: not only do we brand each other as infidels, we oppress each other . Words like kufr (infidelity), shirk (associating partners with God, i.e. polytheism), and bid'a (heretical innovation) flow far too easily from our tongues. The finger that... 2006  
Miranda Oshige McGowan , James Lindgren TESTING THE "MODEL MINORITY MYTH" 100 Northwestern University Law Review 331 (Special Issue 2006) The stereotype of Asian Americans as a Model Minority appears frequently in the popular press and in public and scholarly debates about affirmative action, immigration, and education. The model minority stereotype may be summarized as the belief that Asian Americans, through their hard work, intelligence, and emphasis on education and... 2006  
Renee Ann Cramer THE COMMON SENSE OF ANTI-INDIAN RACISM: REACTIONS TO MASHANTUCKET PEQUOT SUCCESS IN GAMING AND ACKNOWLEDGMENT 31 Law and Social Inquiry 313 (Spring, 2006) Anti-Indian racism, as typified by anticasino backlash, is a part of the common sense of race relations in the United States, which increasingly impacts federal administrative procedures used to acknowledge the existence of tribal status. Using ethnographic and archival research, this article shows that the backlash over Mashantucket Pequot... 2006  
Maneesha Deckha THE SALIENCE OF SPECIES DIFFERENCE FOR FEMINIST THEORY 17 Hastings Women's Law Journal 1 (Winter 2006) The internationally renowned celebrity Pamela Anderson is a spokesperson for the organization, People for the Ethical Treatment of Animals (PETA). A Canadian by origin, she recently called for a boycott of Kentucky Fried Chicken Canada (KFC Canada). In a video asking Canadians to stop supporting the company, Anderson informs viewers that KFC... 2006  
Martha T. McCluskey THE SUBSTANTIVE POLITICS OF FORMAL CORPORATE POWER 53 Buffalo Law Review 1453 (Special Edition 2006) In Planet of the APs, Marc Galanter gives a fascinating, important picture of the increasingly privileged legal position of artificial persons--namely corporations--in the U.S. legal system. Corporations occupy more of the legal realm compared to natural persons, they use a greater quantity and percentage of legal services, more prestigious and... 2006  
Rachel Anderson, Marc-Tizoc González, Stephen Lee TOWARD A NEW STUDENT INSURGENCY: A CRITICAL EPISTOLARY 94 California Law Review 1879 (December, 2006) We decided to embark upon this collaborative correspondence in 2005, the year we graduated from the University of California, Berkeley School of Law (Boalt). We entered Boalt at a time of crisis in both the California and national public education systems. Locally, the state had taken over school districts for failing to achieve test scores... 2006  
Christine Zuni Cruz TOWARD A PEDAGOGY AND ETHIC OF LAW/LAWYERING FOR INDIGENOUS PEOPLES 82 North Dakota Law Review 863 (2006) One of the most important aspects of clinical practice and clinical teaching is that it allows reflection. Students practice law in a manner meant to encourage reflection of that practice, to allow them to learn, and to consider their lawyering approach. Reflection is a noun that comes from a late Latin word meaning the act of bending back. The... 2006  
Mica Pollock TOWARD EVERYDAY JUSTICE: ON DEMANDING EQUAL EDUCATIONAL OPPORTUNITY IN THE NEW CIVIL RIGHTS ERA 67 Ohio State Law Journal 245 (2006) This Article discusses everyday disputes between ordinary Americans over defining and addressing racial discrimination in education today. These disputes were encountered during the author's work experience in the Federal Department of Education's Office for Civil Rights circa 2000. (Note: the author is no longer an employee of OCR and does not... 2006  
Emily M.S. Houh TOWARD PRAXIS 39 U.C. Davis Law Review 905 (March, 2006) C1-3Table of Contents L1-2Introduction . L3907 I. Foundations and Aspirations of the Good Faith Antidiscrimination Claim. 908 A. Carbado and Gulati's Working Identity Theory. 909 B. The Need for the Publicization of Private Law. 912 II. The Elements of the Good Faith Antidiscrimination Claim: Operationalizing Working Identity Theory. 919 A.... 2006  
Mary L. Clark TREADING ON HALLOWED GROUND: IMPLICATIONS FOR PROPERTY LAW AND CRITICAL THEORY OF LAND ASSOCIATED WITH HUMAN DEATH AND BURIAL 94 Kentucky Law Journal 487 (2005-2006) In the aftermath of September 11, 2001, the land underlying the World Trade Center towers has come to be regarded as hallowed ground, unsuitable for private commercial development. How did this happen? The land was deemed consecrated by the deaths of nearly 3,000 people that day, including those who worked in the towers and those who died trying to... 2006  
Cheryl I. Harris WHITEWASHING RACE: SCAPEGOATING CULTURE 94 California Law Review 907 (May, 2006) The images of the suffering that washed over New Orleans in the wake of Hurricane Katrina seemed to provide incontrovertible evidence of the significance of race and persistence of racial inequality in contemporary U.S. society. The simple fact that the faces of those left to fend for themselves or die were overwhelmingly Black challenged the... 2006  
Mohar Ray "CAN I SEE YOUR PAPERS?" LOCAL POLICE ENFORCEMENT OF FEDERAL IMMIGRATION LAW POST 9/11 AND ASIAN AMERICAN PERMANENT FOREIGNNESS 11 Washington and Lee Race and Ethnic Ancestry Law Journal 197 (Winter, 2005) If I see someone come in and he's got a diaper on his head and a fan belt around that diaper on his head, that guy needs to be pulled over and checked. U.S. Congressional Representative John Cooksey of Louisiana, Radio Announcement after September 11, 2001 In the aftermath of the September 11, 2001 terrorist attacks perpetuated by nineteen foreign... 2005  
Melissa E. Murray "I'D LIKE TO THANK THE ACADEMY": EMINEM, DUNCAN KENNEDY, AND THE LIMITS OF CRITIQUE 55 Journal of Legal Education 65 (March/June, 2005) May I have your attention please? May I have your attention please? Will the real Slim Shady please stand up? I repeat, will the real Slim Shady please stand up? We're gonna have a problem here . Marshall Mathers (Eminem), The Real Slim Shady I am not usually a rap fan, but when I first viewed the video for The Real Slim Shady late at night during... 2005  
Arvin Lugay "IN DEFENSE OF INTERNMENT": WHY SOME AMERICANS ARE MORE "EQUAL" THAN OTHERS 12 Asian Law Journal 209 (April, 2005) At what point do the civil liberties protections of the Constitution cease to matter? The terrorist attacks of September 11, 2001 have sparked a national debate over balancing the pursuit of national security with the protection of civil rights. This debate, however, misses the more pertinent question regarding the state of civil rights today. The... 2005  
Sylvia R. Lazos Vargas "KULTURKAMPF[S]" OR "FIT[S] OF SPITE"?: TAKING THE ACADEMIC CULTURE WARS SERIOUSLY 35 Seton Hall Law Review 1309 (2005) Polarization and heated debate within legal academia are nothing new. Some might argue that vigorous contentiousness, even if not always civil, is essential to a healthy intellectual culture. Others would note that lawyers, legal academics especially, are a highly contentious bunch with a reputation for aggressive behavior. Heated debates between... 2005  
Francisco Valdes "WE ARE NOW OF THE VIEW" : BACKLASH ACTIVISM, CULTURAL CLEANSING, AND THE KULTURKAMPF TO RESURRECT THE OLD DEAL 35 Seton Hall Law Review 1407 (2005) For the ninth time in as many years, LatCritters met in 2004 during the Cinco de Mayo weekend not only to help recall the unjust events of that day a century and a half ago, but also to center and challenge its continuing legacies in law and society. These legacies live on in many forms and many ways, of course, and this year, the LatCrit IX... 2005  
Nicholas Espiritu (E)RACING YOUTH: THE RACIALIZED CONSTRUCTION OF CALIFORNIA'S PROPOSITION 21 AND THE DEVELOPMENT OF ALTERNATE CONTESTATIONS 52 Cleveland State Law Review 189 (2005) Niggaz with knowledge is more dangerous than niggaz with guns They make the guns easy to get and try to keep niggaz dumb Target the gangs and graffiti with the Prop 21 . I already know the deal but what the fuck do I tell my son? Talib Kweli I. Introduction. 189 II. Ideological Foundations and Critical Analysis of Direct Democracy. 192 III.... 2005  
Annalisa Jabaily 1967: HOW ESTRANGEMENT AND ALLIANCES BETWEEN BLACKS, JEWS, AND ARABS SHAPED A GENERATION OF CIVIL RIGHTS FAMILY VALUES 23 Law & Inequality: A Journal of Theory and Practice 197 (Winter 2005) The entire civil rights struggle needs a new interpretation, a broader interpretation. We need to look at this civil rights thing from another angle--from the inside as well as from the outside. To those of us whose philosophy is black nationalism, the only way you can get involved in the civil rights struggle is give it a new interpretation. That... 2005  
Daria Roithmayr A DANGEROUS SUPPLEMENT 55 Journal of Legal Education 80 (March/June, 2005) The supplement supplements. It adds only to replace. --Jacques Derrida, Of Grammatology I've reached that point in my teaching career where my age approaches twice that of the average student in my class. I find myself wondering, as time passes, how salient my own law school experiences and views of the world have remained for my students. Despite... 2005  
Anthony C. Infanti A TAX CRIT IDENTITY CRISIS? OR TAX EXPENDITURE ANALYSIS, DECONSTRUCTION, AND THE RETHINKING OF A COLLECTIVE IDENTITY 26 Whittier Law Review 707 (Spring 2005) There is nothing unusual about the appearance of deconstructive arguments in the texts of non-deconstructionists . . . . - J. M. Balkin How to begin? A story to set the tone seems to work well, but my usual story line simply won't do the job this time. You see, I've recently begun my articles by tracing the thought process that led me to the... 2005  
Margaret E. Johnson AN EXPERIMENT IN INTEGRATING CRITICAL THEORY AND CLINICAL EDUCATION 13 American University Journal of Gender, Social Policy and the Law 161 (2005) Introduction. 162 I. Clinical Legal Education. 164 II. Clinical Education Through Feminist Legal Theory and Other Critical Legal Theories. 167 III. Integrating Critical Legal Theory and Clinical Legal Education. 171 A. The Women and the Law Clinic and the Domestic Violence Clinic. 171 B. Reconfiguring the Clinics' Seminar Curriculum. 172 C.... 2005  
John Hayakawa Torok ASIAN AMERICAN JURISPRUDENCE: ON CURRICULUM 2005 Michigan State Law Review 635 (Summer 2005) Introduction. 636 I. Some Background for Early Asian American Jurisprudence. 642 II. Preliminary Questions. 649 A. What Is Asian American?. 649 B. Does Asian American Jurisprudence Differ from Asian American Studies?. 657 C. What Makes it Jurisprudence?. 660 III. Columbia Asian American Jurisprudence Classes--1997-1999. 662 A. Antecedents of... 2005  
Michele Goodwin ASSISTED REPRODUCTIVE TECHNOLOGY AND THE DOUBLE BIND: THE ILLUSORY CHOICE OF MOTHERHOOD 9 Journal of Gender, Race and Justice Just. 1 (Fall 2005) I. Introduction. 2 II. Double Bind Defined: Hierarchical Paradigms and Eclipsed Social Status of Motherhood. 7 A. The Heightened Catch-22 . 7 B. Double Bind Applied: A Critical Legal Theory Analysis. 12 III. The Illusory Notion of Choice: The Compatibility of Motherhood & Technology Reconsidered. 16 A. Infertility and ART Usage: A Statistical... 2005  
Mary Romero BROWN IS BEAUTIFUL 39 Law and Society Review 211 (March, 2005) In one of his most compelling speeches Malcolm X cried out, We want freedom by any means necessary. We want justice by any means necessary. We want equality by any means necessary (Malcolm X 1970:37). In this conservative era, it feels a bit odd to recall how fervently students, activists, parents, and even a few parish priests debated the range... 2005  
Angela Onwuachi-Willig , Mario L. Barnes BY ANY OTHER NAME?: ON BEING "REGARDED AS" BLACK, AND WHY TITLE VII SHOULD APPLY EVEN IF LAKISHA AND JAMAL ARE WHITE 2005 Wisconsin Law Review 1283 (2005) Forty years after the passage of Title VII of the Civil Rights Act of 1964, scholars Marianne Bertrand and Sendhil Mullainathan reported the results of their groundbreaking study, Are Emily and Greg More Employable Than Lakisha and Jamal? A Field Experiment on Labor Market Discrimination. Their study revealed that simply having an African American... 2005  
Michael Eric Dyson CAN YOU HEAR ME NOW? 7 University of Pennsylvania Journal of Constitutional Law 621 (February, 2005) Thank you so much, Sister Tristan, for that very gracious introduction and to the dean for his eloquent remarks about the tone and tenor of the debate in this nation around race as well as Brother Carlos's insightful remarks about the struggle over race and jurisprudential rationality to define where we are in the nation. It's just good to be over... 2005  
Michael Boucai CAUGHT IN A WEB OF IGNORANCES: HOW BLACK AMERICANS ARE DENIED EQUAL PROTECTION OF THE LAWS 18 National Black Law Journal 239 (2004-2005) Introduction. 240 A. The Defective Doctrines of Equal Protection Law. 240 B. Willful Ignorance. 241 C. Thesis: Willful Ignorance, Racism, and Unequal Protection. 245 I. Blissful Ignorance and the Unintentional Discriminator. 249 A. Intent Doctrine and Willful Ignorance of History. 250 B. Intent Doctrine and the Privileging of Ignorance. 251 II.... 2005  
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