Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
Timothy L. Hall |
EDUCATIONAL DIVERSITY: VIEWPOINTS AND PROXIES |
59 Ohio State Law Journal 551 (1998) |
This Article considers the role of race-consciousness in promoting educational diversity. It challenges the conclusion, most famously expressed by Justice Powell's opinion in Regents of the University of California v. Bakke, that consideration of race as one among a number of 'plus' factors in admissions decisions satisfies strict scrutiny under... |
1998 |
|
Toni Lester |
EFFICIENT BUT NOT EQUITABLE: THE PROBLEM WITH USING THE LAW AND ECONOMICS PARADIGM TO INTERPRET SEXUAL HARASSMENT IN THE WORK PLACE |
22 Vermont Law Review 519 (Spring, 1998) |
While Vivienne Rabidue worked as an administrative assistant at the Osceola refining company, one of her co-workers repeatedly called her a fat ass and referred to women as whores and cunts. Many of her male co-workers displayed pictures of nude women in their offices. When she complained to management, she was ignored and eventually fired... |
1998 |
|
Deborah C. Malamud |
ENGINEERING THE MIDDLE CLASSES: CLASS LINE-DRAWING IN NEW DEAL HOURS LEGISLATION |
96 Michigan Law Review 2212 (August, 1998) |
The likely readers of this Article work for a living, or are studying with the hope that they will work for a living very soon. Unlike many other workers in this society, they do not (and will not) get paid time-and-a-half for overtime. In this Article, I tell the story of how upper-level white-collar workers--people like the intended readers of... |
1998 |
|
Marjorie M. Shultz |
EXCELLENCE LOST |
13 Berkeley Women's Law Journal 26 (1998) |
It's the first day of class for the Spring 1998 semester, and despite having enjoyed teaching for many years, I realize that today I am uncomfortable. I've been talking for about ten minutes, beginning to set classroom norms and tone, meeting eyes long enough to make at least an initial connection, laying out expectations, addressing my... |
1998 |
|
Victor C. Romero |
EXPANDING THE CIRCLE OF MEMBERSHIP BY RECONSTRUCTING THE "ALIEN" : LESSONS FROM SOCIAL PSYCHOLOGY AND THE "PROMISE ENFORCEMENT" CASES |
32 University of Michigan Journal of Law Reform 1 (Fall 1998) |
Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have... |
1998 |
|
Nancy K. Ota |
FALLING FROM GRACE: A MEDITATION ON LATCRIT II |
19 Chicano-Latino Law Review 437 (Spring 1998) |
On Saturday morning at LatCrit II, the conference took an unexpected turn during the panel titled: LatCrit Theory and Asian-American Legal Scholarship: A Comparative Discussion of Non-White/Non-Black Positionalities. The panel started out as a breakfast conversation between Berta Esperanza Hernández-Truyol, Sumi Cho, and me, and finished with... |
1998 |
|
Mari J. Matsuda |
FOREWORD: MCCARTHYISM, THE INTERNMENT AND THE CONTRADICTIONS OF POWER |
19 Boston College Third World Law Journal 9 (Fall, 1998) |
There is naked power, which grabs and smashes without need for denial or justification. There is legitimized power, which justifies without denying. There is masked power, which never justifies, because the denial of its own existence is complete. The articles in this symposium call to mind all three kinds of power. The internment, falling in the... |
1998 |
|
Mari J. Matsuda |
FOREWORD: MCCARTHYISM, THE INTERNMENT AND THE CONTRADICTIONS OF POWER |
40 Boston College Law Review 9 (December, 1998) |
There is naked power, which grabs and smashes without need for denial or justification. There is legitimized power, which justifies without denying. There is masked power, which never justifies, because the denial of its own existence is complete. The articles in this symposium call to mind all three kinds of power. The internment, falling in the... |
1998 |
|
Kenneth D. Ward |
FREE SPEECH AND THE DEVELOPMENT OF LIBERAL VIRTUES: AN EXAMINATION OF THE CONTROVERSIES INVOLVING FLAG-BURNING AND HATE SPEECH |
52 University of Miami Law Review 733 (April, 1998) |
I. Introduction. 733 II. Free Speech and Legitimate Democratic Government. 736 A. Formulations of Free Speech Principles. 736 B. Collective and Particular Interests Advanced by Free Speech. 738 C. Free Speech and the Development of a Liberal Character. 743 III. Liberal Virtues and Political Participation: Frankfurter's Response to Brandeis. 747 IV.... |
1998 |
|
Daria Roithmayr |
GUERRILLAS IN OUR MIDST: THE ASSAULT ON RADICALS IN AMERICAN LAW |
96 Michigan Law Review 1658 (May, 1998) |
On October 9, 1997, radicals everywhere celebrated the thirtieth anniversary of the death of Che Guevara, the revered Cuban and South American rebel known as much for his guerrilla manifestos as for his scraggly facial hair and the black beret positioned slightly askance. At the same time Latin Americans and revolutionaries were marking the death... |
1998 |
|
Nancy J. Knauer |
HETERONORMATIVITY AND FEDERAL TAX POLICY |
101 West Virginia Law Review 129 (Fall, 1998) |
I. Introduction. 130 II. Queer Theory: A Primer. 138 III. The Appropriate Taxable Unit. 143 A. The Choice. 144 B. A Page of History. 147 C. A Singles Penalty?. 151 D. The Tax Policy Postscript. 152 E. The Critique. 154 F. Alternative Tax Visions of Marriages. 158 1. Marriage as Personal Consumption. 158 2. Marriage and Optimal Income Tax Theory.... |
1998 |
|
Kathryn Abrams |
HOW TO HAVE A CULTURE WAR |
65 University of Chicago Law Review 1091 (Summer 1998) |
Being a legal scholar is often like living at the last stop on the subway. The trains all get to you, but by the time they do they're late, they've been everywhere else first, and everyone is a little worse for the wear. Thus it should be no surprise that the culture wars, which have been raging for more than a decade at colleges and universities... |
1998 |
|
David B. Wilkins |
IDENTITIES AND ROLES: RACE, RECOGNITION, AND PROFESSIONAL RESPONSIBILITY |
57 Maryland Law Review 1502 (1998) |
I. Bleached Out Professionalism and Its Discontents. 1509 A. Bleached Out Professionalism: What's Race Got to Do with It?. 1511 B. Representing Race: Race Has Everything to Do with It. 1517 C. Personal Morality Lawyering: I Decide What Race and Professionalism Have to Do with It 1525 D. Beyond Essentialism and Constructivism: Race and Identity in... |
1998 |
|
Peter Margulies |
IDENTITY ON TRIAL: SUBORDINATION, SOCIAL SCIENCE EVIDENCE, AND CRIMINAL DEFENSE |
51 Rutgers Law Review 45 (Fall, 1998) |
In this Article, Professor Margulies proposes specific criteria for governing the admissibility of social science evidence in criminal trials. He coins the term identity impact to describe how social science evidence introduced in court has ramifications beyond the scope of the courtroom--pathologizing, homogenizing, and exoticizing members of... |
1998 |
|
Tonya M. Evans |
IN THE TITLE IX RACE TOWARD GENDER EQUITY , THE BLACK FEMALE ATHLETE IS LEFT TO FINISH LAST: THE LACK OF ACCESS FOR THE "INVISIBLE WOMAN." |
42 Howard Law Journal 105 (Fall, 1998) |
Although each of us is defined by race and gender, those of us who are neither white nor male often experience invisibility as a result of our dual subordinate status.... Black women have been disproportionately located at the lower end of the economic hierarchy and, therefore, have been unable to afford private golf, swimming, or tennis lessons.... |
1998 |
|
Sarah S. Jain |
INSCRIPTION FANTASIES AND INTERFACE EROTICS: A SOCIAL-MATERIAL ANALYSIS OF KEYBOARDS, REPETITIVE STRAIN INJURIES AND PRODUCTS LIABILITY LAW |
9 Hastings Women's Law Journal 219 (Summer, 1998) |
Originally recognized as having reached crisis proportions in Australia in the 1980s, keyboard-and mouse-induced repetitive strain injury (RSI) has now attained the semi-official status of an epidemic among computer users in Europe, Canada and the United States. Given the fact that RSI is often avoidable, the statistics are truly staggering.... |
1998 |
|
Peter Kwan |
INVENTION, INVERSION AND INTERVENTION: THE ORIENTAL WOMAN IN THE WORLD OF SUZIE WONG, M. BUTTERFLY, AND THE ADVENTURES OF PRISCILLA, QUEEN OF THE DESERT |
5 Asian Law Journal 99 (May, 1998) |
The construction of the Oriental Woman--a fictional character of the Western imagination--can be dissected, according to Professor Kwan, by means of a cosynthetic analysis. The cosynthetic analysis is a means of understanding how certain stereotypes emerge out of a confluence of racial, sexual, gender, class and other identities. These identities... |
1998 |
|
Richard Delgado , Daniel A. Farber |
IS AMERICAN LAW INHERENTLY RACIST? |
15 Thomas M. Cooley Law Review 361 (1998) |
PROFESSOR KENDE: On behalf of Thomas M. Cooley Law School, I want to welcome you to the Krinock Lecture. My name is Mark Kende and I am an Associate Professor of Law here at Thomas M. Cooley. The Krinock Lecture is in honor of the distinguished service rendered by a former Dean of the law school, the late Robert Krinock. The Krinock Lecture is... |
1998 |
|
Andrew Weis |
JUMPING TO CONCLUSIONS IN "JUMPING THE QUEUE" |
51 Stanford Law Review 183 (November, 1998) |
In this review, Andrew Weis critically examines Mark Kelman and Gillian Lester's Jumping the Queue: An Inquiry into the Legal Treatment of Students with Learning Disabilities. Writing from the perspective of an individual who has a learning disability, Weis disputes Kelman and Lester's contention that people with learning disabilities should not... |
1998 |
|
Molly Townes O'Brien |
JUSTICE JOHN MARSHALL HARLAN AS PROPHET: THE PLESSY DISSENTER'S COLOR-BLIND CONSTITUTION |
6 William & Mary Bill of Rights Journal 753 (Summer, 1998) |
The concept of color-blindness has long elicited much debate over its precise meaning and the role it should play in jurisprudence. Such debate was catalyzed by Justice John Marshall Harlan's well-known Plessy dissent. In the wake of the efforts of both civil rights activists and conservatives to use color-blindness to further their respective... |
1998 |
|
Berta Esperanza Hernández-Truyol |
LAS OLVIDADAS--GENDERED IN JUSTICE/GENDERED INJUSTICE: LATINAS, FRONTERAS AND THE LAW |
1 Journal of Gender, Race and Justice 353 (Spring 1998) |
Ever since I can remember, I have always been ashamed of who I am. I was ashamed of being poor, I was ashamed of being on welfare, I was ashamed of being a spic (Puerto Rican) with all the prejudices and connotations that go along with a society that does not honor the individual as a spiritual being who is unique and deserves every opportunity... |
1998 |
|
Luz Guerra |
LATCRIT Y LA DES-COLONIZACIÓN NUESTRA: TAKING COLÓN OUT |
19 Chicano-Latino Law Review 351 (Spring 1998) |
El panorama de América durante estos últimos quinientos años, y luego de estos quinientos, nos muestra un curioso mosaico multiétnico, multirracial y en su conjunto plural, donde el eje de unidad y coherencia está plasmado en aquello que aparece como herencia de Occidente y que nosotros identificamos como latino-américa y anglo-américa, en... |
1998 |
|
Jean Stefancic |
LATINO AND LATINA CRITICAL THEORY: AN ANNOTATED BIBLIOGRAPHY |
10 La Raza Law Journal 423 (Spring 1998) |
Latino/a critical scholarship, though largely ignored, has been around for a long time. One might say that its progenitor was Rodolfo Acuña, whose book Occupied America, originally published in 1972, is now in its third edition. Acuña was the first scholar to reformulate American history to take account of U.S. colonization of land formerly held by... |
1998 |
|
Reinhard Zimmermann |
LAW REVIEWS: A FORAY THROUGH A STRANGE WORLD |
47 Emory Law Journal 659 (Spring 1998) |
I. The Most Remarkable Institution--Introduction 660 II. Law Review's Empire--An Overview of the Journal Landscape 661 1. General Law Reviews. .661 2. Specialized Law Reviews. .664 3. Law Reviews Oriented Towards International Law. .668 III. Keeping Up With Harvard--The Origin of Law Reviews 670 IV. The Work of Boys--The Editing and... |
1998 |
|
Garner K. Weng |
LOOK AT THE PRETTY COLORS! RETHINKING PROMISES OF DIVERSITY AS LEGALLY BINDING |
10 La Raza Law Journal 753 (Fall, 1998) |
Institutions of higher learning have become much more complex than simple schools. Today's top universities manage billion-dollar budgets and are as much in the business of business as education. Accordingly, universities compete with each other. They compete for business, which among other things means competing for students. School... |
1998 |
|
Verna Sánchez |
LOOKING UPWARD AND INWARD: RELIGION AND CRITICAL THEORY |
19 Chicano-Latino Law Review 431 (Spring 1998) |
La vida es duda, y la fe sin la duda es sólo muerte. Several years ago, I somehow fell into writing about religion and the First Amendment. I was intrigued, for several reasons, by a case then in a Florida district court. The case was unusual in a number of respects. It was perhaps the first time in this country that a babalawo (very loosely... |
1998 |
|
Gloria Sandrino-Glasser |
LOS CONFUNDIDOS: DE-CONFLATING LATINOS/AS' RACE AND ETHNICITY |
19 Chicano-Latino Law Review 69 (Spring 1998) |
Introduction. 71 I. Latinos: A Demographic Portrait. 75 A. Latinos: Dispelling the Legacy of Homogenization. 75 B. Los Confundidos: Who are We? (?Quién Somos?). 77 1. Mexican-Americans: The Native Sons and Daughters. 77 2. Mainland Puerto Ricans: The Undecided. 81 3. Cuban-Americans: Last to Come, Most to Gain. 85 II. The Conflation: An Overview.... |
1998 |
|
Robert Westley |
MANY BILLIONS GONE: IS IT TIME TO RECONSIDER THE CASE FOR BLACK REPARATIONS? |
19 Boston College Third World Law Journal 429 (Fall, 1998) |
For each beloved hour, sharp pittances of years. Bitter contested farthings and coffers heaped with tears. Affirmative action for Black Americans as a form of remediation for perpetuation of past injustice is almost dead. Due to a string of Supreme Court decisions beginning with Bakke and leading up to Adarand, the future possibility of using... |
1998 |
|
Robert Westley |
MANY BILLIONS GONE: IS IT TIME TO RECONSIDER THE CASE FOR BLACK REPARATIONS? |
40 Boston College Law Review 429 (December, 1998) |
For each beloved hour, sharp pittances of years. Bitter contested farthings and coffers heaped with tears. Affirmative action for Black Americans as a form of remediation for perpetuation of past injustice is almost dead. Due to a string of Supreme Court decisions beginning with Bakke and leading up to Adarand, the future possibility of using... |
1998 |
|
Carolyn C. Jones |
MAPPING TAX NARRATIVES |
73 Tulane Law Review 653 (December, 1998) |
Following scholars in other disciplines, some legal scholars have begun to analyze and use narrative. This interest in narrative has not, up to now, characterized tax scholarship. There is a world of tax narratives, and this essay proposes one map of the territory. Like all lawyers and legal scholars, tax scholars have been making, using, and... |
1998 |
|
Elvia R. Arriola |
MARCH |
19 Chicano-Latino Law Review 1 (Spring 1998) |
I. Introduction. 2 II. Quiénes Somos: Who Are We?. 6 A. A LatCrit I Retrospective: Or, I Wasn't In Puerto Rico but I Went to La Jolla. 6 B. On to LatCrit II and the Material Experiences of Diversity: Un Movimiento Tumultuouso. 11 1. Multiplicity of Identities: Multiplicity of Agendas. 13 2. Practicing Diversity for the Sake of Community: It Soon... |
1998 |
|
Jeffery C. Mingo |
MORE COLORS THAN THE RAINBOW: GAY MEN OF COLOR SPEAK ABOUT THEIR IDENTITIES AND LEGAL CHOICES |
8 Law and Sexuality: A Review of Lesbian, Gay. Bisexual, and Transgender Legal Issues 561 (1998) |
I. Introduction. 562 II. Gay Rights, Special Rights. 566 III. Andrew Cunanan. 571 IV. Perry Watkins. 578 V. Gay Men of Color at Boalt. 583 VI. The Interviews. 590 |
1998 |
|
Devon W. Carbado |
MOTHERHOOD AND WORK IN CULTURAL CONTEXT: ONE WOMAN'S PATRIARCHAL BARGAIN |
21 Harvard Women's Law Journal 1 (Spring, 1998) |
Of course, your mother is not only that woman whose womb formed and released you . But naming your own mother (or her equivalent) enables people to place you precisely within the universal web of your life, in each of its dimensions: cultural, spiritual, personal, and historical. Paula Gunn Allen, Who Is Your Mother? My mother mothered. That is... |
1998 |
|
Jean Stefancic |
NEEDLES IN THE HAYSTACK: FINDING NEW LEGAL MOVEMENTS IN CASEBOOKS |
73 Chicago-Kent Law Review 755 (1998) |
What is the relation between law teaching and scholarship? One may conceive of this relation in many different ways. Some of them are explored in this symposium: Are good teaching and good writing related? Are the most prolific writers good teachers? Can scholarship about teaching be truly excellent? What has the greater correlation with... |
1998 |
|
Frank H. Wu |
NEW PARADIGMS OF CIVIL RIGHTS: A REVIEW ESSAY |
66 George Washington Law Review 698 (March, 1998) |
Can we become one America? In another era, the question might have been rhetorical. In our age, it sounds more like a plea than an inquiry. In a commencement address delivered at the University of California at San Diego on June 14, 1997, President William Jefferson Clinton asked, [C]an we become one America in the 21st Century? In his remarks,... |
1998 |
|
Larry Catá Backer |
NOT A ZOOKEEPER'S CULTURE: LATCRIT THEORY AND THE SEARCH FOR LATINO/A AUTHENTICITY IN THE U.S. |
4 Texas Hispanic Journal of Law and Policy 7 (Spring 1998) |
We always used to know who we were. We did not need anyone to tell us. We did not have to think too hard about it. We understood that we were many and that we might not like each other or each other's practices very much at times. We also understood how everyone else saw us. We were mostly Mexican (certainly, that is how Disney saw us). We were... |
1998 |
|
Judith Resnik |
ON THE MARGIN: HUMANITIES AND LAW |
10 Yale Journal of Law & the Humanities 413 (Summer 1998) |
Austin Sarat reminds us that l aw is part of The Humanities and that the study of law could be situated appropriately in a liberal arts college committed to the humanities. Yet given that law is humanities, it is poignant to consider how marginal the study of humanities is to law schools, which constitute one venue (but not the only, as Austin... |
1998 |
|
Elizabeth M. Iglesias |
OUT OF THE SHADOW: MARKING INTERSECTIONS IN AND BETWEEN ASIAN PACIFIC AMERICAN CRITICAL LEGAL SCHOLARSHIP AND LATINA/O CRITICAL LEGAL THEORY |
19 Boston College Third World Law Journal 349 (Fall, 1998) |
Before Professor Sumi Cho asked me to comment on the two excellent articles that now constitute the major points of reference for my own contribution to this Symposium, Korematsu was just another of the many cases I had often encountered as blurbs or in the string cites of some judicial opinion or law review text. It was, for me, one of those cases... |
1998 |
|
Elizabeth M. Iglesias |
OUT OF THE SHADOW: MARKING INTERSECTIONS IN AND BETWEEN ASIAN PACIFIC AMERICAN CRITICAL LEGAL SCHOLARSHIP AND LATINA/O CRITICAL LEGAL THEORY |
40 Boston College Law Review 349 (December, 1998) |
Before Professor Sumi Cho asked me to comment on the two excellent articles that now constitute the major points of reference for my own contribution to this Symposium, Korematsu was just another of the many cases I had often encountered as blurbs or in the string cites of some judicial opinion or law review text. It was, for me, one of those cases... |
1998 |
|
Thomas Michael McDonnell |
PLAYING BEYOND THE RULES: A REALIST AND RHETORIC-BASED APPROACH TO RESEARCHING THE LAW AND SOLVING LEGAL PROBLEMS |
67 UMKC Law Review 285 (Winter, 1998) |
TABLE OF CONTENTS Introduction. 286 I. The Significance of Audience and of Unpublished and Often Unwritten Law. 290 A. Why Researching the Main Characters in the Lawsuit Matters. 290 i. Researching the Relevant Audiences. 296 ii. The Audience's Needs or Interests. 299 B. Why Discovering Unpublished Rules and Practices Matters. 301 II. Methods of... |
1998 |
|
Daniel T. Ostas |
POSTMODERN ECONOMIC ANALYSIS OF LAW: EXTENDING THE PRAGMATIC VISIONS OF RICHARD A. POSNER |
36 American Business Law Journal 193 (Fall, 1998) |
Economic analysis of law (EAL) was born in the early 1960s with the publication of two seminal articles: one by Ronald Coase, the other by Guido Calabresi. But it is with the 1973 publication of Judge Richard Posner's Economic Analysis of Law that EAL began to have a dramatic impact on legal education and scholarship. Posner's central thesis was... |
1998 |
|
Lisa D. Thompson |
PROPOSITION 209: DOES IT ELIMINATE OR PERPETUATE DISCRIMINATION? THE NINTH CIRCUIT DISMANTLES AFFIRMATIVE ACTION IN COALITION FOR ECONOMIC EQUITY V. WILSON |
42 Saint Louis University Law Journal 883 (Summer 1998) |
Turner Law School is a public institution in the State of California. It only has one admission space remaining in its first year class. Suppose two male college students, one African-American and one white, apply for admission to Turner, a typically average-ranked law school. Both students academically were average college students; their academic... |
1998 |
|
Anthony V. Alfieri |
RACE TRIALS |
76 Texas Law Review 1293 (May, 1998) |
I told Mister Washington / You couldn't find a white man / With his name. --Yusef Komunyakaa This Article is the third in a series devoted to the study of race, lawyers, and ethics in American law. The opening work of the series explored the rhetoric of race in cases of black-on-white racially motivated violence, citing the defense of Damian... |
1998 |
|
Ian F. Haney López |
RACE, ETHNICITY, ERASURE: THE SALIENCE OF RACE TO LATCRIT THEORY |
10 La Raza Law Journal 57 (Spring 1998) |
On September 20, 1951, an all-White grand jury in Jackson County, Texas indicted twenty-six-year-old Pete Hernández for the murder of another farm worker, Joe Espinosa. Gus García and John Herrera, lawyers with the League of United Latin American Citizens (LULAC), a Mexican-American civil rights organization, took up Hernández's case, hoping to use... |
1998 |
|
Kevin R. Johnson |
RACE, THE IMMIGRATION LAWS, AND DOMESTIC RACE RELATIONS: A "MAGIC MIRROR" INTO THE HEART OF DARKNESS |
73 Indiana Law Journal 1111 (Fall, 1998) |
L1-2Introduction 1112 I. The History of Racial Exclusion in the U.S. Immigration Laws. 1119 A. From Chinese Exclusion to General Asian Subordination. 1120 1. Chinese Exclusion and Reconstruction. 1122 2. Japanese Internment and Brown v. Board of Education. 1124 B. The National Origins Quota System. 1127 C. Modern Racial Exclusion. 1131 1. The War... |
1998 |
|
John O. Calmore |
RACE/ISM LOST AND FOUND: THE FAIR HOUSING ACT AT THIRTY |
52 University of Miami Law Review 1067 (July, 1998) |
I. Introduction. 1068 II. Racism in the 1990s: Its Changing but Central Significance. 1073 A. Polarized Conceptions of Racism: Expansive-Impersonal vs. Restrictive-Personal. 1073 B. The Reactionary Approach to Racism: Reductio Ad Absurdum . 1080 III. Racism's Reincorporation of Prejudice, Stereotype, and Rational Discrimination. 1087 A. The... |
1998 |
|
Sumi Cho |
REDEEMING WHITENESS IN THE SHADOW OF INTERNMENT: EARL WARREN, BROWN, AND A THEORY OF RACIAL REDEMPTION |
19 Boston College Third World Law Journal 73 (Fall, 1998) |
Earl Warren is a civil rights/civil liberties icon. During his reign as Chief Justice of the U.S. Supreme Court from 1953-69, the Court set standards of liberal judicial activism on race issues by which future Courts would be judged. Chief Justice Warren presided over momentous decisions that outlawed segregation in public education and public... |
1998 |
|
Sumi Cho |
REDEEMING WHITENESS IN THE SHADOW OF INTERNMENT: EARL WARREN, BROWN, AND A THEORY OF RACIAL REDEMPTION |
40 Boston College Law Review 73 (December, 1998) |
Earl Warren is a civil rights/civil liberties icon. During his reign as Chief Justice of the U.S. Supreme Court from 1953-69, the Court set standards of liberal judicial activism on race issues by which future Courts would be judged. Chief Justice Warren presided over momentous decisions that outlawed segregation in public education and public... |
1998 |
|
Justin D. Cummins |
REFASHIONING THE DISPARATE TREATMENT AND DISPARATE IMPACT DOCTRINES IN THEORY AND IN PRACTICE |
41 Howard Law Journal 455 (Spring, 1998) |
INTRODUCTION. 456 I. CURRENT ANTI-DISCRIMINATION LAW: THE UNITARY SELF, INTENTIONAL AND PARTICULARIZED RACISM, AND FORMAL EQUALITY. 458 A. The Disparate Treatment Doctrine Under the Illusion of a Unitary Self. 459 1. An Inequitable Requirement of Intent. 459 2. An Unreasonable Standard of Particularized Discrimination. 461 B. The... |
1998 |
|
Michael A. Livingston |
REINVENTING TAX SCHOLARSHIP: LAWYERS, ECONOMISTS, AND THE ROLE OF THE LEGAL ACADEMY |
83 Cornell Law Review 365 (January, 1998) |
Introduction. 366 I. Tax Scholarship and the Place of Academic Lawyers. 370 A. The Problem: Lawyers in an Economist's World. 370 1.The General Challenge of Legal Scholarship. 370 2.Special Problems Facing Tax Scholars. 373 B. Traditional Tax Scholarship: Haig-Simons and Its Intellectual Descendants. 375 C. The Challenge to Traditional Scholarship.... |
1998 |
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