| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
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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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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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| Kathleen R. Sandy |
THE DISCRIMINATION INHERENT IN AMERICA'S DRUG WAR: HIDDEN RACISM REVEALED BY EXAMINING THE HYSTERIA OVER CRACK |
54 Alabama Law Review 665 (Winter 2003) |
A significant, but decreasing, percentage of Americans believe the War on Drugs is justified, believing that the benefits outweigh the costs. If you are one of these people, consider the following: The United States spends approximately $1 billion a year to drug test approximately twenty million workers. Companies are finding out that fatigue and... |
2003 |
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| Richard Michael Fischl |
THE EPIDEMIOLOGY OF CRITIQUE |
57 University of Miami Law Review 475 (April, 2003) |
A decade and a half ago, I experienced my proverbial fifteen minutes of fame when Some Realism About Critical Legal Studies appeared in these pages. That certainly wasn't the plan. In much the same sense that all politics is local, all legal scholarship is surely local as well, and in its conception Some Realism was as local as could be. Written... |
2003 |
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| Larry Catá Backer |
THE FÜHRER PRINCIPLE OF INTERNATIONAL LAW: INDIVIDUAL RESPONSIBILITY AND COLLECTIVE PUNISHMENT |
21 Penn State International Law Review 509 (Spring 2003) |
I offer here an extended Nietzschean joke: the necessity of error in the constitution of individual authority and communal power. Communities--the nation-state, religious communities, terrorist organizations--are arranged through a cultivation of error: mistaking causes for effects, assuming a false causality, creating an imagined causality, and... |
2003 |
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| Adrien Katherine Wing , Tyler Murray Smith |
THE NEW AFRICAN UNION AND WOMEN'S RIGHTS |
13 Transnational Law & Contemporary Problems 33 (Spring 2003) |
I. Introduction. 34 II. African Women's Rights Issues. 36 A. Customary Law. 38 B. Religious Law. 41 C. Domestic Violence. 42 D. Female Genital Surgery. 43 E. Reproductive Rights. 44 F. HIV/AIDS. 45 G. Slavery. 46 H. Education. 47 I. Economic Disparity. 48 J. Refugees. 51 K. Political Participation. 52 L. Spirit Injury. 53 III. The Legacy of the... |
2003 |
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| Peter Goodrich |
THE OMEN IN NOMEN: AN EXEMPLARY DICTIONARY OF LEGAL NAMES |
24 Cardozo Law Review 1309 (March 1, 2003) |
The realization of the significance of legal names dawns slowly and somewhat incidentally. When first studying common law, it seemed a curiosity that the fifteenth century author and judge who wrote the foundational three volume treatise on the intricacies of property law, Tenures, was named Littleton, and that the name meant small enclosure or... |
2003 |
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| Sarah M. Buel |
THE PEDAGOGY OF DOMESTIC VIOLENCE LAW: SITUATING DOMESTIC VIOLENCE WORK IN LAW SCHOOLS, ADDING THE LENSES OF RACE AND CLASS |
11 American University Journal of Gender, Social Policy and the Law 309 (2003) |
Introduction. 310 I. The Pedagogy of Domestic Violence Law. 313 A. Inspiring Law Students to be Champions in Eradicating Domestic Violence. 313 B. Addressing Philosophical, Ethical and Political Domestic Violence Matters. 317 C. Ensuring Thorough Integration of Race and Class Issues. 318 D. Assimilating Domestic Violence Law into Existing Courses.... |
2003 |
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| Jon Hanson , David Yosifon |
THE SITUATION: AN INTRODUCTION TO THE SITUATIONAL CHARACTER, CRITICAL REALISM, POWER ECONOMICS, AND DEEP CAPTURE |
152 University of Pennsylvania Law Review 129 (November, 2003) |
What social psychology has given to an understanding of human nature is the discovery that forces larger than ourselves determine our mental life and our actions--that chief among these forces . . . [is] the power of the social situation. --Mahzarin R. Banaji Perceptions are real . . . . They color what we see . . . what we believe . . . how we... |
2003 |
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| Kevin R. Johnson |
THE STRUGGLE FOR CIVIL RIGHTS: THE NEED FOR, AND IMPEDIMENTS TO, POLITICAL COALITIONS AMONG AND WITHIN MINORITY GROUPS |
63 Louisiana Law Review 759 (Spring, 2003) |
The ominous title of this conference-Is Civil Rights Law Dead?-is in no small part a sign of the times. The last few years have seen dire setbacks in civil rights law, including but not limited to attacks on affirmative action, passage of restrictionist immigration legislation and welfare reform, imposition of limits on civil rights litigation,... |
2003 |
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| Rhonda V. Magee Andrews |
THE THIRD RECONSTRUCTION: AN ALTERNATIVE TO RACE CONSCIOUSNESS AND COLORBLINDNESS IN POST-SLAVERY AMERICA |
54 Alabama Law Review 483 (Winter 2003) |
We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America. --United States... |
2003 |
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| Paisley Currah |
THE TRANSGENDER RIGHTS IMAGINARY |
4 Georgetown Journal of Gender and the Law 705 (Spring, 2003) |
When I give talks in academic venues on transgender civil rights, including transsexual marriage litigation, discrimination cases brought by transgender plaintiffs, and attempts to get states,to issue identity documents that accurately reflect the reassigned gender of transsexual men and women, the question I'm often asked is, Yes, but . doesn't... |
2003 |
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| Sara Osborne |
THESE ARE NOT OUR RULES: A PUBLIC INTEREST AND WOMEN ORIENTED LAW SCHOOL TO IMPROVE THE LIVES OF WOMEN BOTH WITHIN AND OUTSIDE THE LEGAL PROFESSION |
46 Howard Law Journal 549 (Spring 2003) |
- Ani DiFranco After years of advocacy efforts and political battles, two new atypical public law schools opened their doors for the 2002-2003 academic year. First, Florida Agricultural and Mechanical University (FAMU) reintroduced its black law school ye |
2003 |
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| Garrick B. Pursley |
THINKING DIVERSITY, RETHINKING RACE: TOWARD A TRANSFORMATIVE CONCEPT OF DIVERSITY IN HIGHER EDUCATION |
82 Texas Law Review 153 (November 1, 2003) |
Since the United States Supreme Court's landmark decision in Regents of the University of California v. Bakke, the legal status of affirmative action in higher education admissions programs has been infused with controversy. The United States Circuit Courts of Appeals rendered conflicting judgments regarding the constitutional legitimacy of... |
2003 |
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| David Boyle |
UNSAVORY WHITE OMISSIONS? A REVIEW OF UNCIVIL WARS |
105 West Virginia Law Review 655 (Spring 2003) |
Introduction. 656 I. A Summary of Uncivil Wars. 661 II. Horowitz's Self-Victimology: The Whine This Time. 671 III. Horowitz's Incivility in Uncivil Wars. 676 IV. Reasons Against Reparations in Horowitz's Advertisement and Uncivil Wars. 682 A. The Advertisement. 682 1. There Is No Single Group Responsible for the Crime Of Slavery. 682 2. There... |
2003 |
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| Larry Catá Backer |
USING LAW AGAINST ITSELF: BUSH V. GORE APPLIED IN THE COURTS |
55 Rutgers Law Review 1109 (Summer 2003) |
The decisions in Bush v. Palm Beach County Canvassing Board (Bush I) and Bush v. Gore (Bush II) evidence the extent to which it now appears unremarkable for courts to play a role in even the most basic political issues. While the doctrinal value of the Bush decisions is certainly important, the Bush decisions are far more valuable for their... |
2003 |
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| Devon W. Carbado , Mitu Gulati |
WHAT EXACTLY IS RACIAL DIVERSITY? |
91 California Law Review 1149 (July, 2003) |
Andrea Guerrero's Silence at Boalt Hall: The Dismantling of Affirmative Action (Silence at Boalt Hall) is the story of the rise and fall of affirmative action at Boalt Hall, the law school of the University of California at Berkeley (Boalt Hall or Boalt). According to Guerrero, her book is neither a general history of affirmative action nor... |
2003 |
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| Francisco Valdes |
BARELY AT THE MARGINS: RACE AND ETHNICITY IN LEGAL EDUCATION--A CURRICULAR STUDY WITH LATCRITICAL COMMENTARY |
13 Berkeley La Raza Law Journal 119 (Fall 2002) |
Introduction. 119 I. Background and Methodology. 124 II. Summary of Combined Findings--2000 and 2001. 131 A. Primary Courses: Latinas/os and the Law Courses. 133 B. Related Courses: Critical Race Theory Courses. 135 C. Related Courses: Race, Racism and Race Relations Courses. 135 D. Related Courses: Mainstream Doctrinal Courses. 136 E.... |
2002 |
Yes |
| Luz E. Herrera |
CHALLENGING A TRADITION OF EXCLUSION: THE HISTORY OF AN UNHEARD STORY AT HARVARD LAW SCHOOL |
5 Harvard Latino Law Review 51 (Spring, 2002) |
The objective of enhancing the diverse quality of our faculty with the addition of a Hispanic professor must surely be one which is shared by the Dean, the faculty and all students so concerned. This must not be held to be a Hispanic objective aimed at meeting a Hispanic need. It must be a Harvard Law School objective aimed at meeting a Harvard Law... |
2002 |
Yes |
| Robert S. Chang |
CLOSING ESSAY: DEVELOPING A COLLECTIVE MEMORY TO IMAGINE A BETTER FUTURE |
49 UCLA Law Review 1601 (June, 2002) |
I am thankful for the opportunity to close this symposium that helps to inaugurate UCLA Law School's concentration in Critical Race Studies. When I graduated from law school ten years ago, it was inconceivable to me that a major law school would structure a curriculum around Critical Race Studies. Yet this is precisely what has happened at UCLA. It... |
2002 |
Yes |
| Cheryl I. Harris |
CRITICAL RACE STUDIES: AN INTRODUCTION |
49 UCLA Law Review 1215 (June, 2002) |
The introduction of the Critical Race Studies concentration as a field of study at the UCLA School of Law (UCLAW) represents an important moment in the evolution of Critical Race Theory (CRT) and related scholarship. It is significant in part because the Critical Race Studies (CRS) concentration here at UCLAW is the first of its kind anywhere.... |
2002 |
Yes |
| Bernie D. Jones |
CRITICAL RACE THEORY: NEW STRATEGIES FOR CIVIL RIGHTS IN THE NEW MILLENNIUM? |
18 Harvard BlackLetter Law Journal 1 (Spring, 2002) |
The development of critical race theory points to a new direction taken by civil rights activists in the wake of civil rights setbacks in the 1970s and 1980s when official government policy no longer supported an expansive civil rights agenda. The United States Supreme Court began limiting and eviscerating precedents that once promised full... |
2002 |
Yes |
| Adrien Katherine Wing |
GLOBAL CRITICAL RACE FEMINISM POST 9-11: AFGHANISTAN |
10 Washington University Journal of Law and Policy 19 (2002) |
I am honored and privileged to be part of Washington University School of Law's Public Interest Law Speakers Series. In the spring of 2001, I told the staff of the Washington University Journal of Law and Policy that my general topic would be Global Critical Race Feminism (GCRF), but that I would determine the subtheme based upon events happening... |
2002 |
Yes |
| Adrien Katherine Wing |
HEALING SPIRIT INJURIES: HUMAN RIGHTS IN THE PALESTINIAN BASIC LAW |
54 Rutgers Law Review 1087 (Summer 2002) |
Critical Race Theory (CRT), which evolved based on U.S. legal paradigms, has begun to address more legal issues outside the U.S. as well. The LatCrit VI conference held in April 2001 contributed to enhanced transnationalism with the wonderful theme of Encountering Latin America: Exploring the Parameters and Relevance of LatCrit Theory In and... |
2002 |
Yes |
| Charles R.P. Pouncy |
INSTITUTIONAL ECONOMICS AND CRITICAL RACE/LATCRIT THEORY: THE NEED FOR A CRITICAL "RACED" ECONOMICS |
54 Rutgers Law Review 841 (Summer 2002) |
Critical race theory has made tremendous strides in deconstructing the operation of racialized power and the processes that render it invisible to the individuals at the sites at which such power is concentrated and exercised. In constructing its analyses, this critical movement has often relied on interdisciplinary sources. Critical race scholars... |
2002 |
Yes |
| Kevin R. Johnson |
LATINAS/OS AND THE POLITICAL PROCESS: THE NEED FOR CRITICAL INQUIRY |
81 Oregon Law Review 917 (Winter 2002) |
Migration from Mexico to the United States was a fact of life in the twentieth century. It continues in the new millennium, with more than 200,000 lawful immigrants from Mexico--the largest contingent of immigrants from any nation-- coming to the United States in 2001 alone. An important part of the nation's labor force, Mexican immigrants... |
2002 |
Yes |
| Darren Lenard Hutchinson |
NEW COMPLEXITY THEORIES: FROM THEORETICAL INNOVATION TO DOCTRINAL REFORM |
71 UMKC Law Review 431 (Winter 2002) |
During the latter part of the twentieth century, progressive scholars in various fields of study have developed a large body of works analyzing identity politics. Within legal scholarship, critical race, feminist, anti-heterosexist, and other progressive theorists have demonstrated how legal doctrines and policies perpetuate social hierarchy and... |
2002 |
Yes |
| Darren Lenard Hutchinson |
PROGRESSIVE RACE BLINDNESS?: INDIVIDUAL IDENTITY, GROUP POLITICS, AND REFORM |
49 UCLA Law Review 1455 (June, 2002) |
Critical Race Theorists advance race consciousness as a positive instrument for political and legal reform. A growing body of works by left-identified scholars, however, challenges this traditional progressive stance toward race consciousness. After summarizing the contours of this budding literature, this Article criticizes the progressive race... |
2002 |
Yes |
| Devon W. Carbado |
RACE TO THE BOTTOM |
49 UCLA Law Review 1283 (June, 2002) |
Much of Critical Race Theory has as its point of departure the notion that antiracist politics and legal theory should be informed by the voices of people on the bottom of discrimination. The claim is both simple and normatively appealing: The people on the bottom are in the best position not only to describe the nature and extent of their... |
2002 |
Yes |
| Christopher Slobogin |
RACE-BASED DEFENSES- THE INSIGHTS OF TRADITIONAL ANALYSIS |
54 Arkansas Law Review 739 (2002) |
For the past several years, Professor Anthony Alfieri has been working on a project that he describes as an attempt to apply Critical Race Theory to the ethical standards governing prosecutors and defense attorneys in criminal cases. Recently summed up in an article appearing in the Georgetown Law Journal, this project proposes radical changes in... |
2002 |
Yes |
| Leonard M. Baynes |
RACIAL PROFILING, SEPTEMBER 11TH AND THE MEDIA: A CRITICAL RACE THEORY ANALYSIS |
2 Virginia Sports and Entertainment Law Journal 1 (Winter 2002) |
Introduction. 2 I. A Critical Race Theory Approach. 4 II. Racial Profiling Prior to September 11th. 9 III. The Media Coverage of Racial Profiling Prior to September 11th. 13 IV. A Critical Race Analysis of Profiling Prior to September 11th. 14 V. How the September 11th Hijackers Escaped Detection. 17 A. Mohamed al-Amir Awad al-Sayed Atta. 17 B.... |
2002 |
Yes |
| Ediberto Roman |
REPARATIONS AND THE COLONIAL DILEMMA: THE INSURMOUNTABLE HURDLES AND YET TRANSFORMATIVE BENEFITS |
13 Berkeley La Raza Law Journal 369 (Fall 2002) |
The Seventh Annual Latina and Latino Critical Race Theory (LatCrit) Conference held in May 2002 at the University of Oregon, not unlike other efforts in the movement, addressed a panoply of challenging, provocative, and controversial issues. Perhaps one the most intellectually interesting and yet troubling panels addressed reparations for the... |
2002 |
Yes |
| Elvia R. Arriola |
STAYING EMPOWERED BY RECOGNIZING OUR COMMON GROUNDS: A REPLY TO SUBORDINATION AND SYMBIOSIS: MECHANISMS OF MUTUAL SUPPORT BETWEEN SUBORDINATING SYSTEMS, BY PROFESSOR NANCY EHRENREICH |
71 UMKC Law Review 447 (Winter 2002) |
Subordination and Symbiosis is an ambitious and carefully crafted article. Nancy Ehrenreich presents a tapestry woven of strands in contemporary critical legal theory, that could be labeled as queer theory, critical race, feminist or radical progressive thought. I see this Article as an appeal for what I will call a coalitional critical theory,... |
2002 |
Yes |
| Kimberlé Williams Crenshaw |
THE FIRST DECADE: CRITICAL REFLECTIONS, OR "A FOOT IN THE CLOSING DOOR" |
49 UCLA Law Review 1343 (June, 2002) |
Introduction. 1343 I. Derrick Bell: From Race, Racism, and American Law to the Alternative Course . 1344 II. The CLS Conferences of the Mid-1980s. 1354 III. The Birth of the Critical Race Theory Workshop. 1359 IV. Critical Race Theory Then and Now: From Birth to Backlash. 1365 V. Where We've Been, Where We're Going. 1369 Conclusion: In Search... |
2002 |
Yes |
| Susan Tiefenbrun |
THE SAGA OF SUSANNAH A U.S. REMEDY FOR SEX TRAFFICKING IN WOMEN: THE VICTIMS OF TRAFFICKING AND VIOLENCE PROTECTION ACT OF 2000 |
2002 Utah Law Review 107 (2002) |
I. Introduction. 109 A. A Narrative. 109 B. Subtext of the Narrative. 111 C. Organization of Article. 115 II. The Problem of Sex Trafficking. 116 A. Methods of Sex Trafficking. 116 B. Definition of Sex Trafficking as Slavery, the Meaning of Force, and the Role of Consent. 120 C. Feminists Debate Sex Trafficking. 123 D. Critical Race Theorists... |
2002 |
Yes |
| Frank Rudy Cooper |
UNDERSTANDING "DEPOLICING": SYMBIOSIS THEORY AND CRITICAL CULTURAL THEORY |
71 UMKC Law Review 355 (Winter 2002) |
Doctrinal analyses help us understand what law does. Identity theory helps us understand why law operates in certain ways. Cultural studies can help us understand that where law operates is crucial to both how it operates, and on whom. Nancy Ehrenreich's Subordination and Symbiosis: Mechanisms of Mutual Support Between Subordinating Systems is... |
2002 |
Yes |
| W. Bradley Wendel |
"CERTAIN FUNDAMENTAL TRUTHS": A DIALECTIC ON NEGATIVE AND POSITIVE LIBERTY IN HATE-SPEECH CASES |
65-SPG Law and Contemporary Problems 33 (Spring 2002) |
The following conversation between a civil libertarian and a new-left First Amendment theorist occurred as part of the ABA's conference on the present and future of the Bill of Rights. The discussion was precipitated by the case of Matthew Hale, a white supremacist who--to put it mildly--likes to attract media attention. He set himself up as the... |
2002 |
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| Robert S. Chang |
"FORGET THE ALAMO": RACE COURSES AS A STRUGGLE OVER HISTORY AND COLLECTIVE MEMORY |
13 Berkeley La Raza Law Journal 113 (Fall 2002) |
As a child, I learned in school about the Alamo and of the courageous men who fought to their death against the overwhelming forces of the Mexican Army. My classmates and I were told that their defeat became a rallying cry for Texans who sought independence from Mexican rule. The Texans were likened to the founding fathers of our nation who sought... |
2002 |
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| Joan Sangster |
"SHE IS HOSTILE TO OUR WAYS": FIRST NATIONS GIRLS SENTENCED TO THE ONTARIO TRAINING SCHOOL FOR GIRLS, 1933-1960 |
20 Law and History Review 59 (Spring, 2002) |
When industrial schools were initially proposed in late nineteenth-century Canada, they were perceived to be a common solution for the neglected and delinquent working-class boy of the urban slums and for the Aboriginal boy in need of similar education, discipline, and moral and vocational training. This undertaking briefly encapsulated the twinned... |
2002 |
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