AuthorTitleCitationSummaryYearKey Terms in Title or Summary
A. Mechele Dickerson RACE MATTERS IN BANKRUPTCY 61 Washington and Lee Law Review 1725 (Fall, 2004) C1-6Table of Contents I. L2-5,T5Introduction 1726 II. L2-5,T5Bankruptcy Relief 1727 A. L3-5,T5Goals 1727 B. L3-5,T5Structure 1731 1. L4-5,T5Treatment of Debts 1731. 2. L4-5,T5Treatment of Assets 1735. C. L3-5,T5Criticisms and Uses of Existing Bankruptcy Laws 1738 D. L3-5,T5Costs 1741 III. L2-5,T5Racial Impact of Bankruptcy Relief 1743 A.... 2004  
Devon W. Carbado , Mitu Gulati RACE TO THE TOP OF THE CORPORATE LADDER: WHAT MINORITIES DO WHEN THEY GET THERE 61 Washington and Lee Law Review 1645 (Fall, 2004) Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be... 2004  
David A. Skeel, Jr. RACIAL DIMENSIONS OF CREDIT AND BANKRUPTCY 61 Washington and Lee Law Review 1695 (Fall, 2004) C1-4Table of Contents I. L2-3,T3Introduction 1695. II. L2-3,T3The Mystery of the Missing Bankruptcy Practice: Credit and Race in the Middle Decades 1698. A. A Brief Overview of a Prominent Black Philadelphia Law Firm. 1699 B. Explaining the Absence of Bankruptcy. 1700 III. L2-3,T3Credit Cards, Bankruptcy, and Consumer Protection in the 1970s 1706.... 2004  
Rhonda V. Magee Andrews RACIAL SUFFERING AS HUMAN SUFFERING: AN EXISTENTIALLY-GROUNDED HUMANITY CONSCIOUSNESS AS A GUIDE TO A FOURTEENTH AMENDMENT REBORN 13 Temple Political & Civil Rights Law Review 891 (Spring 2004) Liberation is thus a childbirth, and a painful one. Paulo Freire Brazilian philosopher of education On the occasion of my elevation to the status of tenured Professor, the Dean of my law school was kind enough to send flowers. When they arrived at my home in an over-priced and almost exclusively white neighborhood, I opened the door to a tall,... 2004  
Benjamin Kohler RACIAL VOICE IDENTIFICATION: JUDICIALLY CONDONING THE BOGUS SCIENCE OF 'HEARING COLOR' 77 Temple Law Review 757 (Fall 2004) The quality of a particular voice is sensed by hearing, just as the appearance of a person is sensed by sight. It is simply not possible to perceive appearance using the sense of hearing. One might presume that a particular voice or accent would be indicative of how the speaker might look. However, that presumption would be based solely on... 2004  
George H. Taylor RACISM AS "THE NATION'S CRUCIAL SIN" : THEOLOGY AND DERRICK BELL 9 Michigan Journal of Race and Law 269 (Spring 2004) INTRODUCTION. 269 I. The Problem: Racism's Permanence. 272 A. Bell's Thesis. 272 B. The Evidence. 275 II. The Possibilities of Action. 282 A. The Virtues of Necessity. 282 B. Action as Protest. 284 C. Action as Racial Realism. 285 D. Action as Writing. 287 E. Action: Not By Morality Alone. 290 III. Niebuhr's Theology. 291 A. A Political Theology.... 2004  
Otis B. Grant RATIONAL CHOICE OR WRONGFUL DISCRIMINATION? THE LAW AND ECONOMICS OF JURY NULLIFICATION 14 George Mason University Civil Rights Law Journal 145 (Spring 2004) In 1995 Professor Paul Butler shocked the conscience of American legal dogma by brilliantly arguing that African Americans should engage in jury nullification in an effort to redress rampant discrimination in American society. Although there was much hue and cry over Professor Butler's thesis, both his inclination and rationale continue to be... 2004  
Carole J. Buckner REALIZING GRUTTER v. BOLLINGER'S "COMPELLING EDUCATIONAL BENEFITS OF DIVERSITY" - TRANSFORMING ASPIRATIONAL RHETORIC INTO EXPERIENCE 72 UMKC Law Review 877 (Summer, 2004) A commitment to diversity in the legal profession requires far more than expansion of access to legal education. The United States Supreme Court held in Grutter v. Bollinger that obtaining the educational benefits of diversity constitutes a compelling state interest sufficient to permit admissions based on a holistic consideration of the... 2004  
Reginald Oh RE-MAPPING EQUAL PROTECTION JURISPRUDENCE: A LEGAL GEOGRAPHY OF RACE AND AFFIRMATIVE ACTION 53 American University Law Review 1305 (August, 2004) Introduction. 1307 I. Law as Narrative: Judicial Opinions and the Narrative Construction of Social Reality. 1311 A.Legal Narratives Reinforce and Reproduce Dominant Cultural, Political, and Social Beliefs. 1313 B.Critiquing Dominant Legal Narrative Constructions of Social Reality. 1314 C.Space, Not Time, Hides Consequences From Us: Examining... 2004  
Alfred L. Brophy REPARATIONS TALK: REPARATIONS FOR SLAVERY AND THE TORT LAW ANALOGY 24 Boston College Third World Law Journal 81 (Winter, 2004) Abstract: This Article examines the current landscape of reparations for slavery, identifying the contours of reparations lawsuits and exploring the ability of tort law to help apportion moral culpability in the reparations context. It first examines several possibilities for lawsuits for Jim Crow, discussing constitutional requirements and... 2004  
Robert P. Wasson, Jr. RESOLVING SEPARATION OF POWERS AND FEDERALISM PROBLEMS RAISED BY ERIE, THE RULES OF DECISION ACT, AND THE RULES ENABLING ACT: A PROPOSED SOLUTION 32 Capital University Law Review 519 (Spring, 2004) C1-5Table of Contents I. L2-4,T4Introduction 523 II. L2-4,T4How and Why Swift Failed to Adequately Address Separation of Powers and Federalism Problems Raised by the Rules of Decision Act and the Superiority of the Proposed Irresistible Incentive Test as a Means of Determining Both the Existence and Identity of Substantive State Rights 533 III.... 2004  
Matthew M. Kavanagh REWRITING THE LEGAL FAMILY: BEYOND EXCLUSIVITY TO A CARE-BASED STANDARD 16 Yale Journal of Law & Feminism 83 (2004) Introduction: Negotiating the Post-Modern Family. 84 I. Writing the Family in Law and Politics. 87 A. Current Constructions of Family. 87 B. Insider Families: The Right Side of the Law. 91 C. Learning from Outsider Families. 96 II. Exclusivity in Case Law. 99 A. Writing Out Stepparents. 99 B. Writing Out Lesbian and Gay Parents and Sperm Donors.... 2004  
Michael Ashley Stein SAME STRUGGLE, DIFFERENT DIFFERENCE: ADA ACCOMMODATIONS AS ANTIDISCRIMINATION 153 University of Pennsylvania Law Review 579 (December, 2004) The Americans with Disabilities Act (ADA) was heralded as an emancipation proclamation for people with disabilities, one that would achieve their equality primarily through its reasonable accommodation requirements. Nevertheless, both legal commentators and Supreme Court Justices assert that the ADA's employment mandates distinguish the ADA from... 2004  
Peter Goodrich SATIRICAL LEGAL STUDIES: FROM THE LEGISTS TO THE LIZARD 103 Michigan Law Review 397 (December, 2004) Introduction. 399 I. Fragmenta Antiquitatis (The Enduring Tradition). 415 A. The Civilian Tradition. 416 B. The Sermon on the Laws. 419 C. Satirical Themes. 422 1. Personification. 422 2. Novelty. 423 3. Ridicule. 425 4. Criticism. 426 II. Satura Resartus (The Revival of Satire). 429 A. Allegory and Theater. 429 B. Ad Hominem Arguments. 432 C.... 2004  
Chris K. Iijima SHOOTING JUSTICE JACKSON'S "LOADED WEAPON" AT YSAR HAMDI: JUDICIAL ABDICATION AT THE CONVERGENCE OF KOREMATSU AND MCCARTHY 54 Syracuse Law Review 109 (2004) Prologue. 110 Introduction. 111 I. Hamdi v. Rumsfeld: When Judicial Review Is a Cover For Governmental Impunity. 117 II. Korematsu v. United States: When Military Necessity Is a Cover for Governmental Impunity. 123 III. The Racial Underpinnings of Korematsu. 126 IV. The Racial Underpinnings of Hamdi. 128 V. Padilla v. Bush: When In a World of... 2004  
Paul Butler SHOULD RADICALS BE JUDGES? 32 Hofstra Law Review 1203 (Summer 2004) Should people who seek fundamental changes in the United States' political and economic systems become judges? I want to consider this question from the perspective of those persons--whom I will call radicals--and from ethics. The first issue requires an understanding of legal radicalism, especially its analysis of judicial power. The radical... 2004  
John O. Calmore SOCIAL JUSTICE ADVOCACY IN THE THIRD DIMENSION: ADDRESSING THE PROBLEM OF "PRESERVATION-THROUGH-TRANSFORMATION" 16 Florida Journal of International Law 615 (September, 2004) The ways in which the legal system enforces social stratification are various and evolve over time. Efforts to reform a status regime bring about changes in its rule structure and justificatory rhetoric - a dynamic I have called . . . preservation-through-transformation. - Reva Siegel [T]hird-dimensional lawyering involves helping a group learn... 2004  
Brett G. Scharffs THE CHARACTER OF LEGAL REASONING 61 Washington and Lee Law Review 733 (Spring, 2004) C1-3Table of Contents I. Introduction. 734 A. The Distinctive Character of Legal Reasoning. 734 B. Thesis. 740 II. The Character and Relationship of Practical Wisdom, Craft, and Rhetoric. 743 A. The Concerns or Ends. 743 B. Components. 747 C. Distinctive Characteristics. 757 D. Success. 759 III. The Dark Side of Practical Wisdom, Craft, and... 2004  
Alfred L. Brophy THE CULTURAL WAR OVER REPARATIONS FOR SLAVERY 53 DePaul Law Review 1181 (Spring 2004) American democracy is a most dramatic form of social organization, and in that drama each of us enacts his role by asserting his own and his group's values and traditions against those of his fellow citizens. Indeed, a battle-royal conflict of interests appears to be basic to our conception of freedom, and the drama of democracy proceeds through a... 2004  
Gregory P. Magarian THE FIRST AMENDMENT, THE PUBLIC-PRIVATE DISTINCTION, AND NONGOVERNMENTAL SUPPRESSION OF WARTIME POLITICAL DEBATE 73 George Washington Law Review 101 (November, 2004) Introduction. 102 I. Confronting Nongovernmental Censorship of Political Debate in Wartime. 105 A. The Value and Vulnerability of Wartime Political Debate. 105 1. The Historical Vulnerability of Wartime Political Debate to Nongovernmental Suppression. 105 2. The Public Rights Theory of Expressive Freedom and the Necessity of Robust Political Debate... 2004  
Barbara Stark THE FUTURE OF THE FOURTEENTH AMENDMENT AND INTERNATIONAL HUMAN RIGHTS LAW: THE BLACK HERITAGE TRAIL 13 Temple Political & Civil Rights Law Review 557 (Spring 2004) [T]he Amendment was framed by men who possessed differieng views on the great question of the suffrage and who, partly in order to formulate some program of government and partly out of political expediency, papered over the differences with the broad, elastic language of ยง 1 and left to future interpreters of their Amendment the task of resolving... 2004  
Margot Mendelson THE LEGAL PRODUCTION OF IDENTITIES: A NARRATIVE ANALYSIS OF CONVERSATIONS WITH BATTERED UNDOCUMENTED WOMEN 19 Berkeley Women's Law Journal 138 (2004) Introduction. 139 Chapter 1: The Social Networks Discourse, Its Critics, and the Problem of Essentialization. 150 Chapter 2: The Battered Women's Movement: Incorporating Institutional Critique. 170 Chapter 3: In Their Own Words: Driver's Licenses and Safety as Lenses. 189 Chapter 4: The Legal Construction of the Undocumented Immigrant. 202... 2004  
Brant T. Lee THE NETWORK ECONOMIC EFFECTS OF WHITENESS 53 American University Law Review 1259 (August, 2004) Introduction 1260 I. White Network Economics: How Whiteness Works as a Network Standard 1267 A.Network Economics and Standards 1268 B.A Dominant Racial Standard 1270 C.Interoperability: Communication and Culture 1271 1.Verbal communication: language, dialect, and accent 1272 2.Culture 1276 3.Stereotypes 1278 4.In general 1280 II. The Persistence of... 2004  
Patrick M. Garry THE NEXT STEP IN DIVERSITY: EXTENDING THE LOGIC GRUTTER V. BOLLINGER TO FACULTY TENURE 82 Denver University Law Review 1 (2004) Prior to 2003, the United States Supreme Court had decided only one case involving affirmative action policies in higher education. In Regents of University of California v. Bakke, the Court overturned a medical school's racial set-aside program that reserved 16 out of 100 admission slots for members of certain minority groups. Twenty-five years... 2004  
Clark Freshman THE PROMISE AND PERILS OF 'OUR' JUSTICE: PSYCHOLOGICAL, CRITICAL AND ECONOMIC PERSPECTIVES ON COMMUNITIES AND PREJUDICES IN MEDIATION 6 Cardozo Journal of Conflict Resolution 1 (Fall 2004) Looking for justice in mediation often depends on the lens. Critics of mediation often measure mediation against an idealized court system and find mediation lacking. Many proponents of mediation, including many contributors to the Cardozo Symposium on Mediation and Justice, argue mediation promotes justice by promoting different values from... 2004  
Richard Delgado , Jean Stefancic THE RACIAL DOUBLE HELIX: WATSON, CRICK, AND BROWN V. BOARD OF EDUCATION (OUR NO-BELL PRIZE AWARD SPEECH) 47 Howard Law Journal 473 (Spring 2004) Legal interpretation takes place in a field of pain and death. But even that graphic statement by Robert Cover--perhaps the most famous ever written in a law review article--may understate. It is not merely that judges' dockets are full of murders, rapes, assaults, and other forms of gore that they are left to clean up because no one else will.... 2004  
Orly Lobel THE RENEW DEAL: THE FALL OF REGULATION AND THE RISE OF GOVERNANCE IN CONTEMPORARY LEGAL THOUGHT 89 Minnesota Law Review 342 (December, 2004) Introduction. 343 I. The Spirit of Renewal in Contemporary Legal Thought. 350 II. The Push and Pull for Renewal. 355 A. The Competing Logics of the Renew Deal: Closing the Gap or Leading the Way. 355 B. External Push Factors: Law Follows the Political Economy. 356 C. The Internal Pull: The Directive of Legal Thought. 361 D. Cycles of Renewal. 367... 2004  
Alfreda Robinson TROUBLING "SETTLED" WATERS: THE OPPORTUNITY AND PERIL OF AFRICAN-AMERICAN REPARATIONS 24 Boston College Third World Law Journal 139 (Winter, 2004) Abstract: This Article explores the theme of troubling settled waters, which represents the impact of African-American reparations on the current landscape of race relations in America. The Article outlines the current and historical debate over reparations, addressing the arguments of opponents who contend that reparations dialogue and action... 2004  
R.A. Lenhardt UNDERSTANDING THE MARK: RACE, STIGMA, AND EQUALITY IN CONTEXT 79 New York University Law Review 803 (June, 2004) In its Fourteenth Amendment jurisprudence, the Supreme Court regards intentional discrimination as the principal source of racial injury in the United States. In this Article, R.A. Lenhardt argues that racial stigma, not intentional discrimination, constitutes the main source of racial harm and that courts must take the social science insight that... 2004  
  WHO GETS IN? THE QUEST FOR DIVERSITY AFTER GRUTTER 52 Buffalo Law Review 531 (Spring 2004) Athena D. Mutua--Moderator Sheldon Zedeck Frank H. Wu Charles E. Daye Margaret E. Montoya David L. Chambers--Panelists On March 8, 2004, the University at Buffalo Law School hosted its annual Mitchell Lecture, a panel discussion entitled, Who Gets In? The Quest for Diversity After Grutter. The Mitchell Committee decided to focus this year's... 2004  
Christine A. Littleton WORKING WOMEN: THANK YOU, YOU'RE UNWELCOME 19 Berkeley Women's Law Journal 299 (2004) If sexuality is set apart from gender, it will be a law unto itself. It's the economy, stupid. The Preface of MacKinnon and Siegel's anthology succinctly explains the origins of the volume: On February 27-29, 1998, a symposium at the Yale Law School commemorated the twentieth anniversary of the publication of Sexual Harassment of Working Women... 2004  
Christopher A. Bracey ADJUDICATION, ANTISUBORDINATION, AND THE JAZZ CONNECTION 54 Alabama Law Review 853 (Spring, 2003) We live in the midst of a pervasive and sustained democratic crisis. Our society expresses a deep commitment to core notions of freedom, justice, and equality for all citizens. Yet, it is equally clear that our democracy tolerates a great deal of social and economic inequality. Membership in a socially disfavored group can (and often does)... 2003 Yes
Joan C. Williams , Nancy Segal BEYOND THE MATERNAL WALL: RELIEF FOR FAMILY CAREGIVERS WHO ARE DISCRIMINATED AGAINST ON THE JOB 26 Harvard Women's Law Journal 77 (Spring, 2003) A Boston lawyer: When I returned from maternity leave, I was given the work of a paralegal. I wanted to say, I had a baby, not a lobotomy. A supervisor to a woman eight months pregnant: I was going to put you in charge of that office, but look at you now. A secretary: [W]hen you work part-time or temporary, they treat you differently, they... 2003 Yes
Victor C. Romero CRITICAL RACE THEORY IN THREE ACTS: RACIAL PROFILING, AFFIRMATIVE ACTION, AND THE DIVERSITY VISA LOTTERY 66 Albany Law Review 375 (2003) The usual debates surrounding multiculturalism pit individual rights against group grievances in a variety of contexts including racial profiling, affirmative action, and the diversity visa lotteryoften with seemingly contradictory results. Liberals typically favor affirmative action but decry both racial profiling and the diversity visa lottery,... 2003 Yes
Mary Anne Case DEVELOPING A TASTE FOR NOT BEING DISCRIMINATED AGAINST 55 Stanford Law Review 2273 (June, 2003) Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination. By Ian Ayres. Chicago: University of Chicago Press, 2001. 433 pp. + xi. Crossroads, Directions, and a New Critical Race Theory. Edited by Francisco Valdes, Jerome McCristal Culp & Angela P. Harris. Philadelphia: Temple University Press, 2002. 414 pp. + xxi. Let me begin... 2003 Yes
Hope Lewis EMBRACING COMPLEXITY: HUMAN RIGHTS IN CRITICAL RACE FEMINIST PERSPECTIVE 12 Columbia Journal of Gender and Law 510 (2003) Is feminist human rights scholarship prepared to address the current crisis in international law and politics? Globalization, the reassertion of deep cultural divides, war, armed conflict, terrorism, the HIV/AIDS pandemic, the appalling economic status of women in the Global South, desperate flows of migrants willing to risk death for economic... 2003 Yes
Clark Freshman FOREWORD: REVISIONING THE CONSTELLATIONS OF CRITICAL RACE THEORY, LAW AND ECONOMICS, AND EMPIRICAL SCHOLARSHIP 55 Stanford Law Review 2267 (June, 2003) Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination. By Ian Ayres. Chicago: University of Chicago Press, 2001. 433 pp. + xi. Crossroads, Directions, and a New Critical Race Theory. Edited by Francisco Valdes, Jerome McCristal Culp & Angela P. Harris. Philadelphia: Temple University Press, 2002. 414 pp. + xxi. The... 2003 Yes
Ian Ayres IS DISCRIMINATION ELUSIVE? 55 Stanford Law Review 2419 (June, 2003) Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination. By Ian Ayres. Chicago: University of Chicago Press, 2001. 433 pp. + xi. Crossroads, Directions, and a New Critical Race Theory. Edited by Francisco Valdes, Jerome McCristal Culp & Angela P. Harris. Philadelphia: Temple University Press, 2002. 414 pp. + xxi.... 2003 Yes
Cheryl I. Harris MINING IN HARD GROUND 116 Harvard Law Review 2487 (June, 2003) In the wake of the elections of 2002, Republican control over national political structures is arguably complete and consolidated. Not only are the presidency, Congress, and the federal judiciary in the hands of Republicans, but also policies and decisions are being shaped by some of the more aggressively conservative sectors of the party. As... 2003 Yes
Clark Freshman PREVENTION PERSPECTIVES ON "DIFFERENT" KINDS OF DISCRIMINATION: FROM ATTACKING DIFFERENT "ISMS" TO PROMOTING ACCEPTANCE IN CRITICAL RACE THEORY, LAW AND ECONOMICS, AND EMPIRICAL RESEARCH 55 Stanford Law Review 2293 (June, 2003) Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination. By Ian Ayres. Chicago: University of Chicago Press, 2001. 433 pp. + xi. Crossroads, Directions, and a New Critical Race Theory. Edited by Francisco Valdes, Jerome McCristal Culp & Angela P. Harris. Philadelphia: Temple University Press, 2002. 414 pp. + xxi.... 2003 Yes
Jerome M. Culp, Jr., Angela P. Harris, Francisco Valdes SUBJECT UNREST 55 Stanford Law Review 2435 (June, 2003) Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination. By Ian Ayres. Chicago: University of Chicago Press, 2001. 433 pp. + xi. Crossroads, Directions, and a New Critical Race Theory. Edited by Francisco Valdes, Jerome McCristal Culp & Angela P. Harris. Philadelphia: Temple University Press, 2002. 414 pp. + xxi. I. The... 2003 Yes
Kevin Haynes TAKING MEASURES 55 Stanford Law Review 2349 (June, 2003) Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination. By Ian Ayres. Chicago: University of Chicago Press, 2001. 433 pp. + xi. Crossroads, Directions, and a New Critical Race Theory. Edited by Francisco Valdes, Jerome McCristal Culp & Angela P. Harris. Philadelphia: Temple University Press, 2002. 414 pp. + xxi. While... 2003 Yes
Brendan D. Cummins And Justin D. Cummins TAKING THE FORK IN THE ROAD 29 William Mitchell Law Review 1069 (2003) Crossroads, Directions, and a New Critical Race Theory. Edited by Francisco Valdes, Jerome McCristal Culp, and Angela P. Harris. Temple University Press, 2002. 528 pages. $79.50. When you come to a fork in the road, take it! Yogi Berra's dictum usually draws laughs. But there is a deeper truth to it. It is about moving forward boldly in an... 2003 Yes
Frank H. Wu THE ARRIVAL OF ASIAN AMERICANS: AN AGENDA FOR LEGAL SCHOLARSHIP 10 Asian Law Journal 1 (May, 2003) Asian Americans have arrived. Every generation supposes itself to invent the world anew, but for Asian Americans as a racial minority group, there has been no better time than the present moment. In the past decade, Asian immigrants and their American-born descendants have become so numerous and prominent that it has become impossible to ignore... 2003 Yes
Rachel F. Moran THE ELUSIVE NATURE OF DISCRIMINATION 55 Stanford Law Review 2365 (June, 2003) Pervasive Prejudice? Unconventional Evidence of Race and Gender Discrimination. By Ian Ayres. Chicago: University of Chicago Press, 2001. 433 pp. + xi. Crossroads, Directions, and a New Critical Race Theory. Edited by Francisco Valdes, Jerome McCristal Culp & Angela P. Harris. Philadelphia: Temple University Press, 2002. 414 pp. + xxi.... 2003 Yes
Devon W. Carbado , Mitu Gulati THE LAW AND ECONOMICS OF CRITICAL RACE THEORY 112 Yale Law Journal 1757 (May, 2003) Legal academics often perceive law and economics (L&E) and critical race theory (CRT) as oppositional discourses. Part of this has to do with the currency of the following caricatures: L&E is the methodological means by which conservative law professors advance their ideological interests. The approach is status-quo-oriented and indifferent (if not... 2003 Yes
Daria Roithmayr "EASY FOR YOU TO SAY": AN ESSAY ON OUTSIDERS, THE USEFULNESS OF REASON, AND RADICAL PRAGMATISM 57 University of Miami Law Review 939 (April, 2003) In this essay, I argue that Schlag's critique of reason fails to take into account the concerns of people of color and women in two ways. First, it fails to address the way in which the ideology of reason structures racial and gendered power. Second, it fails to consider the value of the ideology of reason for people of color and women, both of... 2003  
Lisa A. Crooms "TO ESTABLISH MY LEGITIMATE NAME INSIDE THE CONSCIOUSNESS OF STRANGERS": CRITICAL RACE PRAXIS, PROGRESSIVE WOMEN-OF-COLOR THEORIZING, AND HUMAN RIGHTS 46 Howard Law Journal 229 (Winter 2003) As a female member of our endangered species, I am searching for a relevant proof of sisterhood: I am searching for relevant proof of brotherhood hinged to that sisterhood. I want to pursue the collective, and the creative, securement of all our legitimate names for all of our, finally, legitimate lives. I need to establish my legitimate name... 2003  
William Bradford "WITH A VERY GREAT BLAME ON OUR HEARTS": REPARATIONS, RECONCILIATION, AND AN AMERICAN INDIAN PLEA FOR PEACE WITH JUSTICE 27 American Indian Law Review 1 (2002-2003) In a post-September 11th era riven by ethno-nationalism, territorial revanchism, and religious terror, the United States has assumed the mantle of leadership in articulating the moral, political, and legal norms that will inform reconstruction of global security architecture. Defense of human rights, whether motivated by its contribution to the... 2003  
Maria Grahn-Farley A THEORY OF CHILD RIGHTS 57 University of Miami Law Review 867 (April, 2003) The focus on rights prevents a broader reallocation of resources. I want to examine the process that is at work when one chooses to use a rights language rather than question social hierarchy. Rights are based on constructed identities, not on lived conditions. A person calls for rights because the social hierarchy harms that person. The harm is... 2003  
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