AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Martha R. Mahoney CLASS AND STATUS IN AMERICAN LAW: RACE, INTEREST, AND THE ANTI-TRANSFORMATION CASES 76 Southern California Law Review 799 (May 1, 2003) I. INTRODUCTION. 800 II. COLOR AND POWER EVASION AT WORK. 805 A. Individualism, Color Evasion, and Power Evasion. 806 B. Work and Insecurity: Unsettling Evasion. 810 III. CLASS, CONSCIOUSNESS, AND WHITENESS. 817 A. Concepts of Inequality and Self-Interest: Class and Vulgar Status . 817 1. Exploitation, Oppositional Groups, and Solidarity. 820 2.... 2003  
Tanya Kateri Hernandez COMPARATIVE JUDGING OF CIVIL RIGHTS: A TRANSNATIONAL CRITICAL RACE THEORY APPROACH 63 Louisiana Law Review 875 (Spring, 2003) Studies consistently demonstrate that the act of judging is influenced by judges' personal perspectives and experiences. For instance, research has demonstrated that empirically U.S. Supreme Court justices' behavior is motivated, in large part, by their individual attitudes or judicial philosophies. In addition, research on the U.S. chief justice's... 2003  
Alfreda Robinson CORPORATE SOCIAL RESPONSIBILITY AND AFRICAN AMERICAN REPARATIONS: JUBILEE 55 Rutgers Law Review 309 (Winter 2003) But if there is not sufficient means to recover it,what was sold shall remain with the purchaser until the year of jubilee;in the jubilee it shall be released,and the property shall be returned. Leviticus 25:28 Summary. 311 I. Introduction. 312 II. Corporate Reparations Paradigm: Stretched to the Limit Stakeholder Theory of Corporate Social... 2003  
Penelope E. Andrews , Sharon K. Hom , Ruthann Robson CRITICAL CHALLENGES: A CONVERSATION ON COMPLICITY AND CIVILITY IN LEGAL ACADEMIA 1 Seattle Journal for Social Justice 601 (Spring/Summer, 2003) Perhaps no dispute within the academy is more divisive than one accompanying the denial of tenure to a colleague. Such controversies call into question the nature of professional competence and judgment, of our roles as scholars, teachers, and colleagues, and of the future of the institution. Moreover, like other events in the academy, such... 2003  
Emily M.S. Houh CRITICAL INTERVENTIONS: TOWARD AN EXPANSIVE EQUALITY APPROACH TO THE DOCTRINE OF GOOD FAITH IN CONTRACT LAW 88 Cornell Law Review 1025 (May, 2003) This Article argues that courts should use the doctrine of good faith in contract law to prohibit improper considerations of race in contract formation and performance, and should recognize good faith as a device for eliminating racial subordination that can function beyond the scope of conventional civil rights discourse. Although civil rights... 2003  
Richard Delgado CROSSROADS AND BLIND ALLEYS: A CRITICAL EXAMINATION OF RECENT WRITING ABOUT RACE 82 Texas Law Review 121 (November 1, 2003) The nation stands today at the beginning of what many believe will be a protracted struggle against international terrorism, and a similar one to strengthen the hand of the moderate, democratic wing of Islam vis-à-vis its more fundamentalist counterparts. What does this situation portend for the fortunes of domestic minorities? History shows that... 2003  
Frank Rudy Cooper CULTURAL CONTEXT MATTERS: TERRY'S "SEESAW EFFECT" 56 Oklahoma Law Review 833 (Winter 2003) This Article investigates why the enforcement of a given legal doctrine may vary with changes in the cultural context in which it is applied. It argues that officials apply the law along an enforcement practices continuum in accord with changes in the prevailing articulations of the meaning of cultural identity norms associating particular groups... 2003  
Edward S. Adams DEAN E. THOMAS SULLIVAN: BUILDING A STRONGER FOUNDATION 88 Minnesota Law Review Rev. 1 (November, 2003) On July 1, 1995, Dean E. Thomas Sullivan joined the University of Minnesota Law School as the eighth Dean and second William S. Pattee Professor of Law. Dean Sullivan brought with him a strong and distinguished background in administration, teaching, and private practice. Upon graduating magna cum laude from Indiana University Law School in 1973,... 2003  
David E. Bernstein DEFENDING THE FIRST AMENDMENT FROM ANTIDISCRIMINATION LAWS 82 North Carolina Law Review 223 (December, 2003) Of late, leading legal scholars have argued that the First Amendment should not stand in the way of restrictions on freedom of expression intended to alleviate discrimination. A powerful, normative defense of the First Amendment from the competing claims of the antidiscrimination agenda is therefore greatly needed. This Essay seeks to provide the... 2003  
Nancy E. Dowd , Kenneth B. Nunn , Jane E. Pendergast DIVERSITY MATTERS: RACE, GENDER, AND ETHNICITY IN LEGAL EDUCATION 15 University of Florida Journal of Law and Public Policy 11 (Fall, 2003) I. L2-5,T5Introduction 12 II. L2-5,T5The Context 18 A. L3-5,T5Legal Education, the Profession, and Legal Services 18 B. L3-5,T5Prior Surveys/Studies 21 III. L2-5,T5The University of Florida Survey 23 A. L3-5,T5Design 23 B. L3-5,T5Summary of Survey Results 25 1. L4-5,T5Themes/Patterns 25. 2. L4-5,T5Detailed Summary 27. a. Race Differences. 27 b.... 2003  
Sarah M. Buel EFFECTIVE ASSISTANCE OF COUNSEL FOR BATTERED WOMEN DEFENDANTS: A NORMATIVE CONSTRUCT 26 Harvard Women's Law Journal 217 (Spring, 2003) The Gideon decision is a solid precedent, hailed from all corners of legal philosophy. The current Supreme Court, even while narrowing other rights of criminal defendants, has described the right to counsel as fundamental. There is just one trouble. In the real world, the promise of Gideon is not being kept. Poor men and women in large numbers go... 2003  
Victor M. Goode , Conrad A. Johnson EMOTIONAL HARM IN HOUSING DISCRIMINATION CASES: A NEW LOOK AT A LINGERING PROBLEM 30 Fordham Urban Law Journal 1143 (March, 2003) With the United States Supreme Court's condemnation of legal segregation in Brown v. Board of Education in 1954, and a vigorous civil rights movement that led to the passage of the 1964 Civil Rights Act, the nation entered the beginning of a new era in race relations. This, and future civil rights legislation, would be characterized by the... 2003  
Darren Lenard Hutchinson FACTLESS JURISPRUDENCE 34 Columbia Human Rights Law Review 615 (Summer 2003) Professor Terry Smith has written a very important work on the inadequacy of juridical approaches to antidiscrimination law in the context of Title VII litigation. Smith argues that the anti-retaliation provisions of Title VII can serve more broadly as a mechanism for protecting workers of color from prohibited racial discrimination. Smith contends... 2003  
John Valery White FOREWORD: IS CIVIL RIGHTS LAW DEAD? 63 Louisiana Law Review 609 (Spring, 2003) A man walks into your office seeking representation. He has just been released from prison, cleared, by DNA testing, of a crime he did not commit. He tells you that when he first heard of DNA testing he knew he would finally prove he was wrongly convicted. You are suspicious of his legal claims from the start. His conviction would have been... 2003  
Melissa Cole IN/ENSURING DISABILITY 77 Tulane Law Review 839 (March, 2003) This Article develops what the author calls Gimp Theory, a critical legal theory used to examine the legal treatment of disability. The Gimp Theory analysis draws from Queer Theory and applies its concept of closeting homosexuality to disability. In particular, the author describes how the concept of covering, or the expectation that gay men and... 2003  
Johanna E. Bond INTERNATIONAL INTERSECTIONALITY: A THEORETICAL AND PRAGMATIC EXPLORATION OF WOMEN'S INTERNATIONAL HUMAN RIGHTS VIOLATIONS 52 Emory Law Journal 71 (Winter 2003) Essential difference allows those who rely on it to rest reassuringly on its gamut of fixed notions. Any mutation in identity, in essence, in regularity, and even in physical place poses a problem, if not a threat, in terms of classification and control. If you can't locate the other, how are you to locate yourself? Ardent identity politics... 2003  
Ediberto Román LATCRIT VI, OUTSIDER JURISPRUDENCE AND LOOKING BEYOND IMAGINED BORDERS 55 Florida Law Review 583 (January, 2003) I. Beyond The America. 588 II. The LatCrit Trajectory. 591 III. Conclusion. 600 2003  
Pedro A. Malavet LATCRITICAL ENCOUNTERS WITH CULTURE, IN NORTH-SOUTH FRAMEWORKS 55 Florida Law Review 1 (January, 2003) I. L2-3,T3Introduction 1. II. L2-3,T3The Conference Contexts: The Articulation and Theoretical Performance of LatCrit 6. A. The Opening Roundtable. 6 B. Plenary Panel I: Implications of Indigenous Activism. 18 C. The TWAIL/NAIL Concurrent Panel. 24 III. L2-3,T3Continuing LatCritical Encounters with Culture in Comparative North-South Frameworks 31.... 2003  
Robert F. Blomquist LAW AND SPIRITUALITY: SOME FIRST THOUGHTS ON AN EMERGING RELATION 71 UMKC Law Review 583 (Spring 2003) At its essence spirituality seeks to invoke higher powers through world religions, mythology, symbols, works of art, sacred objects, and profound beauty. Spiritual things are inspired; they bespeak the vital animating essence of a person; the intelligent nonphysical part of something--what we might call the soul. The legal realm is, also,... 2003  
Peter Goodrich , LAWS OF FRIENDSHIP 15 Law and Literature 23 (Spring, 2003) Abstract. Friendship, or at least the explicit recognition of friendship in public, is surrounded by injunctions, inhibitions, passions, and laws. From Cicero to Montaigne, it is most often lawyers who have written the treatises on friendship. This essay takes up that curiosity or margin of law in which jurists address the norms and practices of... 2003  
Susan Sturm, Lani Guinier LEARNING FROM CONFLICT: REFLECTIONS ON TEACHING ABOUT RACE AND GENDER 53 Journal of Legal Education 515 (December, 2003) In 1992 I had been teaching for four years at the University of Pennsylvania Law School. I taught voting rights and criminal procedure, subjects related to what I had done as a litigator. Preparing for class meant reading many of the same cases I had read preparing for trial. Some were even cases I had tried. Teaching offered me a fresh chance to... 2003  
E. Nathaniel Gates LET US BE DONE WITH TOTALIZING "BLACK" HISTORIES 1 Cardozo Public Law, Policy and Ethics Journal 189 (May, 2003) Race is not only real, but also illusory. Not only is it common sense, it is common nonsense. Not only does it establish our identity; it also denies us our identity. In the preface to his thought-provoking essay collection, Rebels in the Law: Voices in History of Black Women Lawyers, J. Clay Smith Jr. speaks of [t]he need for a collection of... 2003  
Harry G. Hutchison LIBERAL HEGEMONY? SCHOOL VOUCHERS AND THE FUTURE OF THE RACE 68 Missouri Law Review 559 (Summer 2003) The liberal-legalist order . . . will be founded on self-interested, rights-bearing, adversarial individuals and this will not be sustainable. This type of social order is likely to aggravate precisely those points of tension in society which any vibrant political process should aim at alleviating. The ultimate danger is that liberal-legalism may,... 2003  
Richard Delgado LINKING ARMS: RECENT BOOKS ON INTERRACIAL COALITION AS AN AVENUE OF SOCIAL REFORM 88 Cornell Law Review 855 (March, 2003) The Miner's Canary: Enlisting Race, Resisting Power, Transformiing Democracy. By Lani Guinier & Gerald Torres. Cambridge: Harvard University Press, 2002. Pp. 392. $27.95 Interracial Justice: Conflict and Reconciliation in Post-Civil Rights America. By Eric Yamamoto. New York: New York University Press, 1999. Pp. 330. $55.00 (Hardcover) (Paperback,... 2003  
Janis L. McDonald LOOKING IN THE HONEST MIRROR OF PRIVILEGE: "POLITE WHITE" REFLECTIONS 12 Columbia Journal of Gender and Law 650 (2003) When I look in the honest mirror of white feminist legal scholarship I see reflected back at me a failure by those of us polite white feminists to seriously address the substantive critiques authored by women of color in the last twenty years. It is time to develop an agenda that does more than cite to the work of these important critiques. It is... 2003  
Kim Brooks , Debra Parkes MOVING FROM THE BACK TO THE FRONT OF THE CLASSROOM 1 Seattle Journal for Social Justice 637 (Spring/Summer, 2003) As second-year assistant professors on law faculties in Canada, we appreciate your indulgence as we speak, admittedly ambitiously, about improving legal education to this room full of established scholars interested in emerging issues of law and sexuality. The theme of this conference has prompted us to think about whether and how legal education... 2003  
Jenny Rivera MOVING THE MARGINS 12 Columbia Journal of Gender and Law 473 (2003) Thank you to the symposium organizers for inviting me to speak. The symposium theme, an exploration of the justification and need for a feminist law journal, and the panel I participated in focusing on the concept of marginalization, strike me as familiar and somewhat heavily-explored areas of discourse. Surely when the founders of the Columbia... 2003  
Christopher Roederer NEGOTIATING THE JURISPRUDENTIAL TERRAIN: A MODEL THEORETIC APPROACH TO LEGAL THEORY 27 Seattle University Law Review 385 (Fall 2003) Jurisprudence addresses the questions about law that an intelligent layperson of speculative bent--not a lawyer--might think particularly interesting. What is law? . . . Where does it come from? . . . Is law an autonomous discipline? . . . What is the purpose of law? . . . Is law a science, a humanity, or neither? . . . A practising lawyer or judge... 2003  
Michele Goodwin NIGGER AND THE CONSTRUCTION OF CITIZENSHIP 76 Temple Law Review 129 (Summer 2003) This article analyzes the intersecting legal, psychological and social dimensions of the word nigger. It explores the legal treatment and social power of a word that has remained fixed in our cultural lexicon. It is a word spoken with authority, but does it also have legal power? Within the law, does it differ from a cross burning? Should it? The... 2003  
Kevin R. Johnson OPEN BORDERS? 51 UCLA Law Review 193 (October, 2003) U.S. immigration law is premised on the fundamental idea that it is permissible, desirable, and necessary to restrict immigration into the United States and to treat borders as a barrier to entry rather than a port of entry. In this Article, Kevin Johnson seeks to add to the scholarly dialogue on immigration law by considering the possible... 2003  
Francisco Valdes OUTSIDER JURISPRUDENCE, CRITICAL PEDAGOGY AND SOCIAL JUSTICE ACTIVISM: MARKING THE STIRRINGS OF CRITICAL LEGAL EDUCATION 10 Asian Law Journal 65 (May, 2003) It surely is no coincidence that the syllabi of courses on Asian Americans and the Law featured in this Tenth Anniversary Issue of the Asian Law Journal share structural, substantive and methodological commonalities. They each marshal interdisciplinary materials to bring into sharp relief the uses of Law in the origin and construction of everyday... 2003  
Marcy Peek PASSING BEYOND IDENTITY ON THE INTERNET: ESPIONAGE & COUNTERESPIONAGE IN THE INTERNET AGE 28 Vermont Law Review 91 (Fall 2003) In the Internet Age, the means of parsing the identities of consumers have gone digital, and corporate decision-makers routinely use aspects of a person's identity such as age, gender, race, income, and past purchasing behavior to steer information and marketing messages to and away from individuals in cyberspace. Previous assertions that the... 2003  
Victor C. Romero PROXIES FOR LOYALTY IN CONSTITUTIONAL IMMIGRATION LAW: CITIZENSHIP AND RACE AFTER SEPTEMBER 11 52 DePaul Law Review 871 (Spring 2003) I want to share with you some thoughts about using citizenship and race as proxies for loyalty in constitutional immigration discourse within two contexts: one historical and one current. The current context is the profiling of Muslim and Arab immigrants post-September 11, and the historical context is the distinction the Constitution draws between... 2003  
Adele M. Morrison QUEERING DOMESTIC VIOLENCE TO "STRAIGHTEN OUT" CRIMINAL LAW: WHAT MIGHT HAPPEN WHEN QUEER THEORY AND PRACTICE MEETCRIMINAL LAW'S CONVENTIONAL RESPONSES TO DOMESTIC VIOLENCE 13 Southern California Review of Law and Women's Studies 81 (Fall 2003) I am uncertain when J.C. crossed the invisible line, but the verbal abuse eventually led to physical abuse and sexual abuse. She punched me, kicked and choked me, pulled my hair, and threw me around the house. She pulled my hair because she knew I loved my hair, which at the time was very long and thick. She liked to hit me in the face and choke me... 2003  
Tomiko Brown-Nagin RACE AS IDENTITY CARICATURE: A LOCAL LEGAL HISTORY LESSON IN THE SALIENCE OF INTRARACIAL CONFLICT 151 University of Pennsylvania Law Review 1913 (June, 2003) In a seminal article published in The Yale Law Journal during the late 1970s, Professor Derrick Bell offered a stinging critique of the country's premier public interest law firm. Bell critiqued conflicts that developed between attorneys for the NAACP Legal Defense Fund (LDF) and clients whom they represented in the Detroit, Atlanta, and Boston... 2003  
Jonathan Thompson Horowitz RACIAL (RE)CONSTRUCTION: THE CASE OF THE SOUTH AFRICAN TRUTH AND RECONCILIATION COMMISSION 17 National Black Law Journal 67 (2003) Many South Africans of all racial categories hold the Truth and Reconciliation Commission in high regard. Many do not. This study does not judge the commission in terms of right or wrong. Nor will it provide a theoretical or viable alternative. Scholars have done so and have sought to mediate notions of human rights, human emotions, and racial... 2003  
Ruth Gordon RACING U.S. FOREIGN POLICY 17 National Black Law Journal 1 (2003) This essay explores how race has shaped American foreign policy and American perspectives regarding international law. While a number of scholars have analyzed African American perspectives regarding U.S. foreign policy, the goal here is different. My objective is to question how American views regarding race have affected policy decisions and... 2003  
Miriam Stohs RACISM IN THE JUVENILE JUSTICE SYSTEM: A CRITICAL PERSPECTIVE 2 Whittier Journal of Child and Family Advocacy 97 (2003) To the critical reader, the idea that racism pervades the juvenile justice system is certainly not revolutionary. It is also not hard to fathom that the over-representation of minority youth in detention facilities is related to the shocking statistic that more young black men languish in prison than attend college. Those who deny the existence of... 2003  
  RECENT PUBLICATIONS 24 Berkeley Journal of Employment and Labor Law 215 (2003) Breaking Through The Glass Ceiling: Women In Management. Linda Wirth. Geneva, Switzerland: International Labour Office, 2001. 144 Pages. Paperback: $16.95. Despite the gender inequalities that exist in and out of the workplace, most women today do not believe that they are paid less than men. However, in Breaking Through The Glass Ceiling, Linda... 2003  
Roy L. Brooks REHABILITATIVE REPARATIONS FOR THE JUDICIAL PROCESS 58 New York University Annual Survey of American Law 475 (2003) One of the most important issues in the debate on black reparations concerns the precise form such reparations should assume. Should they be in the form of a check from the federal government or culpable corporation made payable to individuals or families of slave descendants? If so, how does one calculate such payments? Should reparations be in... 2003  
Anthony V. Alfieri RETRYING RACE 101 Michigan Law Review 1141 (March, 2003) This Essay investigates the renewed prosecution of long-dormant criminal and civil rights cases of white-on-black racial violence arising out of the 1950s and 1960s. The study is part of an ongoing project on race, lawyers, and ethics within the criminal-justice system. Framed by this larger project, the Essay explores the normative and sociolegal... 2003  
Stephen R. Wilson REWARDING CREATIVITY: TRANSFORMATIVE USE IN THE JAZZ IDIOM 4 University of Pittsburgh Journal of Technology Law and Policy 2 (Fall, 2003) C1-3TABLE OF CONTENTS L1-2INTRODUCTION . L31 A. ISSUES / PROBLEMS. 3 B. HISTORICAL & CULTURAL DEVELOPMENT - JAZZ MUSIC. 5 C. COPYRIGHT - ORIGINALITY REQUIREMENT. 6 D. DERIVATIVES. 7 E. HISTORICAL DEVELOPMENT OF TRANSFORMATIVE USE. 8 Abridgments. 9 Productive Use. 9 F. TRANSFORMATIVE USE - THEN AND NOW. 10 Transformative Use Generally. 10 Satire /... 2003  
Joanne Conaghan SCHLAG IN WONDERLAND 57 University of Miami Law Review 543 (April, 2003) The dreariness of déjà vu might be tolerable if one could muster the sense that the countless normative prescriptions contained in judicial opinions, statutes, regulations, and law review articles mattered. But by and large they don't. If there's no meaning in it, said the King, that saves a world of trouble, you know, as we needn't try to find... 2003  
Jerome McCristal Culp, Jr. SEVENTH ASPECT OF SELF-HATRED: RACE, LATCRIT, AND FIGHTING THE STATUS QUO 55 Florida Law Review 425 (January, 2003) I. Introduction. 425 II. Fear of Identity. 428 III. A LatCrit View of Racial Oppression. 432 IV. Conclusion. 435 2003  
Alfred L. Brophy SOME CONCEPTUAL AND LEGAL PROBLEMS IN REPARATIONS FOR SLAVERY 58 New York University Annual Survey of American Law 497 (2003) Now that reparations talk has gained wide acceptance on college campuses, on the opinion pages of the nations' newspapers, and even on occasion in the halls of Congress, we need to focus on the moral and legal case for reparations and how proposals made might actually work. Reparations may be becoming widely accepted as an ideal, but there is... 2003  
James R. Hackney, Jr. THE "END" OF: SCIENCE, PHILOSOPHY, AND LEGAL THEORY 57 University of Miami Law Review 629 (April, 2003) Pierre Schlag's fascinating critique of reason raises fundamental issues regarding the status of reason within the legal academy, and, in turn, the status of legal theory as an enterprise. Since its inception, there has been an infatuation with reason in American law. This enchantment, importantly, was not peculiar to legal theorists. Indeed, the... 2003  
John Valery White THE ACTIVIST INSECURITY AND THE DEMISE OF CIVIL RIGHTS LAW 63 Louisiana Law Review 785 (Spring, 2003) Civil rights law is today moribund. An impressive edifice, built upon the ruins of Jim Crow, with the blood and sweat of the civil rights movement, and intended to both dismantle that system and ensure the civil liberties that Jim Crow illustrated were all too easily lost, civil rights law was to be the lasting monument of the civil rights... 2003  
Frank H. Wu THE ARRANGEMENTS OF RACE 101 Michigan Law Review 2209 (May, 2003) So we beat on, boats against the current, borne back ceaselessly into the past. -- F. Scott Fitzgerald In his debut novel, Stephen Carter takes pains to explain that although he and his protagonist, Talcott Garland (who goes by Misha), share superficial aspects of their identities, they should not be confused as twins. Carter and Misha may both... 2003  
Kevin R. Johnson THE CASE FOR AFRICAN AMERICAN AND LATINA/O COOPERATION IN CHALLENGING RACIAL PROFILING IN LAW ENFORCEMENT 55 Florida Law Review 341 (January, 2003) I. L2-3,T3Racial Profiling in Law Enforcement 343. A. Criminal Law Enforcement. 343 B. Immigration Enforcement. 347 II. L2-3,T3Similar Harms, Common Concerns, and the Relationship Between Different Forms of Race-Based Law Enforcement 353. III. L2-3,T3The Efficacy of Multiracial Coalitions in Challenging Racial Profiling in Law Enforcement 357. IV.... 2003  
Vijay Sekhon THE CIVIL RIGHTS OF "OTHERS": ANTITERRORISM, THE PATRIOT ACT, AND ARAB AND SOUTH ASIAN AMERICAN RIGHTS IN POST-9/11 AMERICAN SOCIETY 8 Texas Forum on Civil Liberties and Civil Rights 117 (Spring 2003) I woke up early on the morning of September 11, 2001, 5:45 AM PST, to get some studying in before class, and as I logged onto the Internet, I felt the terror that had already consumed the Eastern part of the United States. I turned on my television set just in time to witness the second plane crash into the World Trade Center (6:03 AM PST). The... 2003  
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