AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Tam B. Tran TITLE VII HOSTILE WORK ENVIRONMENT: A DIFFERENT PERSPECTIVE 9 Journal of Contemporary Legal Issues 357 (Spring 1998) In the wake of the dismissal of the Paula Jones's sexual harassment lawsuit against President Bill Clinton, many are left to wonder what is the status of the law of sexual harassment? If an allegation that the President lowered his pants to expose an erect penis and told Jones to kiss it does not fall under sexually harassing behavior, then what... 1998  
Theresa Raffaele Jefferson TOWARD A BLACK LESBIAN JURISPRUDENCE 18 Boston College Third World Law Journal 263 (Spring, 1998) Black lesbians are everywhere and nowhere all at once. Throughout history we have been made invisible. This invisibility serves as a constant reminder that our culture, and indeed our very lives are considered at best illegitimate. At the same time, our identity as Black lesbians has been made hyper-visible when we have tried to remain in the... 1998  
Thomas D. Barton TROUBLESOME CONNECTIONS: THE LAW AND POST-ENLIGHTENMENT CULTURE 47 Emory Law Journal 163 (Winter 1998) Much in our personal and social lives may be analyzed through the constantly shifting opposition of connection and separation. That same movement of relationship and disengagement may also help to understand two emerging dilemmas for the American legal system. For roughly the past three hundred years, from the Enlightenment forward, Western culture... 1998  
Larry Catá Backer TWEAKING FACTS, SPEAKING JUDGMENT: JUDICIAL TRANSMOGRIFICATION OF CASE NARRATIVE AS JURISPRUDENCE IN THE UNITED STATES AND BRITAIN 6 Southern California Interdisciplinary Law Journal 611 (Spring 1998) Judging is a process of narrative transmogrification: Courts hear the stories of litigants and transform them into something digestible. Courts accomplish this transformation by retelling stories to express conformity with what our society believes and what society knows. In this sense, the stories themselves embody the rules by which we come to... 1998  
Francisco Valdes UNDER CONSTRUCTION: LATCRIT CONSCIOUSNESS, COMMUNITY, AND THEORY 10 La Raza Law Journal 1 (Spring 1998) C1-3Table of Contents Introduction. 3 I. Race, Ethnicity & Nationhood: Latina/o Position and Identity in Law and Society. 10 A. The Utility of LatCrit Narratives. 11 B. Beyond the Black/White Paradigm. 17 II. Policy, Politics & Praxis: Latinas/os Under the Rule of Anglo-American Law. 25 A. Equality in Law and Life. 25 B. Immigration, Borders, and... 1998  
Christopher L. Sagers WAITING WITH BROTHER THOMAS 46 UCLA Law Review 461 (December, 1998) In this Essay, Christopher Sagers argues that those schools of thought that could be called doubtful--that is, those predicated on suspicion of belief to some degree--share a range of similarities and, more importantly, are attacked through a set of common criticisms. He argues that the fundamental criticism of these doubtful schools of... 1998  
Elizabeth Mertz, Wamucii Njogu, Susan Gooding WHAT DIFFERENCE DOES DIFFERENCE MAKE? THE CHALLENGE FOR LEGAL EDUCATION 48 Journal of Legal Education 1 (March, 1998) As debates over the role of affirmative action in legal education become more and more heated, the question of how to provide all law students an equal-opportunity learning environment is the subject of much speculation. Despite many years of attention to this issue, culminating in the recent decision of the Fifth Circuit in the Hopwood case, to... 1998  
Enrique R. Carrasco WHO ARE WE? 19 Chicano-Latino Law Review 331 (Spring 1998) I am very pleased that the intellectual energy generated at the LatCrit I conference in La Jolla last year has led to another impressive gathering for LatCrit II. This year's attendance is very encouraging, considering that LatCrit Theory is still in a precarious stage of infancy. After a year of work and reflection, we've come to San Antonio to... 1998  
Ana Sljivic WHY DO YOU THINK IT'S YOURS? AN EXPOSITION OF THE JURISPRUDENCE UNDERLYING THE DEBATE BETWEEN CULTURAL NATIONALISM AND CULTURAL INTERNATIONALISM 31 George Washington Journal of International Law and Economics 393 (1997-1998) The perennial argument over whether Britain should return the Elgin Marbles to Greece is illustrative of the larger debate between cultural nationalism and cultural internationalism. Namely, is cultural property primarily intrinsic to the nation-state of origin, or can an equally compelling claim be made on behalf of the cultural heritage of... 1998  
Farah Sultana Brelvi "NEWS OF THE WEIRD": SPECIOUS NORMATIVITY AND THE PROBLEM OF THE CULTURAL DEFENSE 28 Columbia Human Rights Law Review 657 (Spring 1997) In his November 1995 News of the Weird columns, nationally-syndicated newspaper columnist Chuck Shepard featured the story of Sadri Krasniqi among a litany of weirdness: a group of French artists who decorated discarded dog feces on the streets of Paris, a Finnish professor who was on tour singing Elvis songs in Latin, a serial killer who was... 1997  
Marjorie E. Kornhauser A TAXING WOMAN : THE RELATIONSHIP OF FEMINIST SCHOLARSHIP TO TAX 6 Southern California Review of Law and Women's Studies 301 (Spring 1997) A recent law review article described me as a feminist tax scholar. The description made me pause; then my pausing made me wonder: Why was I hesitant about this label? I do, after all, consider myself both a tax scholar and a feminist. What was it, then, about the combination that made me pause? My hesitancy stems, I believe, from two sources.... 1997  
Leonard M. Baynes A TIME TO KILL, THE O.J. SIMPSON TRIALS, AND STORYTELLING TO JURIES 17 Loyola of Los Angeles Entertainment Law Journal 549 (1997) It's different with me. I could probably get off. . . . I'm white, and this is a white country. With a little luck I could get an all-white jury, which will naturally be sympathetic. This is not New York or California. In presenting a case to a jury, a lawyer needs to think about linking all the evidence together to present a credible story that... 1997  
Rebecca Smith A WORLD WITHOUT COLOR: THE CALIFORNIA CIVIL RIGHTS INITIATIVE AND THE FUTURE OF AFFIRMATIVE ACTION 38 Santa Clara Law Review 235 (1997) In respect of civil rights, common to all citizens, the Constitution of the United States does not, I think, permit any public authority to know the race of those entitled to be protected in the employment of such rights. . . . There is no caste here. Our Constitution is color-blind, and neither knows, nor tolerates classes among citizens. One... 1997  
Paul Butler AFFIRMATIVE ACTION AND THE CRIMINAL LAW 68 University of Colorado Law Review 841 (Fall 1997) No one understands that surviving the impossible is sposed to accentuate the positive aspects of a people.Ntozake Shange When one black man graduates from college for every 100 who go to jail, we still need affirmative action.Colin Powell Why are more than half of the men in state and federal prisons African American? Why are almost half of the... 1997  
Keith Liddle AFFIRMATIVE ACTION FOR CERTAIN NON-BLACK MINORITIES AND RECENT IMMIGRANTS--"MEND IT OR END IT?" 11 Georgetown Immigration Law Journal 835 (Summer, 1997) Race based affirmative action programs have come under attack again on the ground that such programs amount to reverse discrimination. One such attack involved a 1994 challenge to the admissions process at the University of Texas Law School. After setting the legal background and tracing some of the legal limits courts have imposed on affirmative... 1997  
Leslie Espinoza , Angela P. Harris AFTERWORD: EMBRACING THE TAR-BABY--LATCRIT THEORY AND THE STICKY MESS OF RACE 85 California Law Review 1585 (October, 1997) In this Afterword, Leslie Espinoza and Angela Harris identify some of the submerged themes of this Symposium and reflect on LatCrit theory more generally. Professor Harris argues that LatCrit theory reveals tensions between scholars wishing to transcend the black-white paradigm and proponents of black exceptionalism. Professor Espinoza argues... 1997  
Angela P. Harris AFTERWORD: OTHER AMERICAS 95 Michigan Law Review 1150 (February, 1997) George Washington and George Washington's slaves lived different realities. And if we extend that insight to all the dimensions of white American history, we will realize that blacks lived a different time and a different reality in this country. And the terrifying implications of all this . . . is that there is another time, another reality,... 1997  
Natsu Taylor Saito ALIEN AND NON-ALIEN ALIKE: CITIZENSHIP, "FOREIGNNESS," AND RACIAL HIERARCHY IN AMERICAN LAW 76 Oregon Law Review 261 (Summer 1997) I. What is an American? Citizenship and Race in the Creation of National Identity. 268 A. Citizenship and Race. 270 B. Citizenship and Loyalty. 278 II. Asian Americans Encounter Racial Identity and Hierarchy. 281 A. Race as a Social and Legal Construct. 283 B. The Creation of Black and White in America. 284 C. The Racing of Asian Americans. 289... 1997  
Ruthann Robson BEGINNING FROM (MY) EXPERIENCE: THE PARADOXES OF LESBIAN/QUEER NARRATIVITIES 48 Hastings Law Journal 1387 (August, 1997) The shaping of experience into narrative is a staple of progressive legal theorizing, including lesbian/queer legal theorizing. The importance of narrative rests upon two intertwined beliefs. First, it rests upon the belief that the extant legal theories and doctrines are impoverished because they are based upon the experiences only of dominant... 1997  
Margaret M. Russell BEYOND "SELLOUTS" AND "RACE CARDS": BLACK ATTORNEYS AND THE STRAITJACKET OF LEGAL PRACTICE 95 Michigan Law Review 766 (February, 1997) For attorneys of color, the concept of representing race within the context of everyday legal practice is neither new nor voluntarily learned; at a basic level, it is what we do whenever we enter a courtroom or conference room in the predominantly white legal system of this country. The ineluctable visibility of racial minorities in the legal... 1997  
Anthony S. Chen BEYOND MODERNISM AND POSTMODERNISM: WORKING NOTES TOWARDS AN ASIAN AMERICAN LEGAL SCHOLARSHIP 4 Asian Law Journal 97 (May, 1997) The author argues that if Asian American legal scholarship should not stake itself exclusively on anti-foundationalist poststructuralist epistemology because it places specific political and epistemological limits on the capacity of racialized and minoritized communities to pursue social justice. He further suggests that the zone of critical... 1997  
Brian Owsley BLACK IVY: AN AFRICAN-AMERICAN PERSPECTIVE ON LAW SCHOOL 28 Columbia Human Rights Law Review 501 (Spring 1997) There are many more serious things to worry about-- compared to life in South Africa, life in a U.S. law school still looks pretty luxurious. The law school can't sanction Professor X because it values free speech. This would be thought control. We can't compromise the first amendment because a few students are oversensitive. --Peter Shane... 1997  
Berta Esperanza Hernández-Truyol BORDERS (EN)GENDERED: NORMATIVITIES, LATINAS, AND A LATCRIT PARADIGM 72 New York University Law Review 882 (October, 1997) Because I, a mestiza, continually walk out of one culture and into another, because I am in all cultures at the same time, alma entre dos mundos, tres, cuatro me zumba la cabeza con lo contradictorio. Estoy norteada por todas las voces que me hablan simultáneamente. [E]ste es el miedo of always being an outsider; no matter who I am with, the sense... 1997  
Robert S. Chang , Keith Aoki CENTERING THE IMMIGRANT IN THE INTER/NATIONAL IMAGINATION 85 California Law Review 1395 (October, 1997) In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders... 1997  
Harvey Gee CHANGING LANDSCAPES: THE NEED FOR ASIAN AMERICANS TO BE INCLUDED IN THE AFFIRMATIVE ACTION DEBATE 32 Gonzaga Law Review 621 (1996-1997) I. Introduction. 622 II. Historical Context: Racial Discrimination Against Asian Americans. 628 A. Chinese Immigrants. 629 B. The Internment of Japanese Americans. 631 III. Affirmative Action. 634 A. The Conception and Implementation of Affirmative Action Programs. 634 B. The Absence of Asian Americans from the Affirmative Action Debate. 636 IV.... 1997  
April L. Cherry CHOOSING SUBSTANTIVE JUSTICE: A DISCUSSION OF "CHOICE," "RIGHTS" AND THE NEW REPRODUCTIVE TECHNOLOGIES 11 Wisconsin Women's Law Journal 431 (Summer 1997) For to survive in the mouth of this dragon we call America, we have had to learn this first and most vital lesson--that we were never meant to survive. Not as human beings. Audre Lorde, The Transformation of Silence into Language and Action, in Sister Outsider 40, 42 (1984). In the above quoted passage, Audre Lorde explains the importance of... 1997  
Stephanie L. Phillips CLAIMING OUR FOREMOTHERS: THE LEGEND OF SALLY HEMINGS AND THE TASKS OF BLACK FEMINIST THEORY 8 Hastings Women's Law Journal 401 (Fall, 1997) C1-5TABLE OF CONTENTS L1-5 I. L2-5INTRODUCTION L1-5 II. L2-5THE LEGEND OF SALLY HEMINGS A. L3-5THE DRAMA UNFOLDS B. L3-5WHAT SEQUEL SHALL I WRITE? L1-5 III. L2-5PRIMEVAL STORIES ABOUT BLACK WOMEN AND WHITE MEN DURING SLAVERY TIME A. L3-5DESCRIPTION OF THE PROJECT B. L3-5THE STORIES 1. L4-5First Primeval Story: Slave Hates Master; Master Takes Sex... 1997  
Fran Ansley CLASSIFYING RACE, RACIALIZING CLASS 68 University of Colorado Law Review 1001 (Fall 1997) In Professor Malamud's helpful and thought provoking article, she challenges us to consider a number of thorny issues related to affirmative action. In this brief response, I want to praise what I consider to be several of the most illuminating and salutary points of Malamud's thesis, and then question others. First, let me join wholeheartedly... 1997  
John O. Calmore CLOSE ENCOUNTERS OF THE RACIAL KIND: PEDAGOGICAL REFLECTIONS AND SEMINAR CONVERSATIONS 31 University of San Francisco Law Review 903 (Summer 1997) New voices of future lawyers are particularly important in this area because racial problems are theirs to confront in the next decades. Indeed it is at present virtually impossible to write or say anything on the topic of race that is not in some way objectionable or embarrassing. We approach questions of race and treat them like a family who is... 1997  
Kenneth L. Shropshire COLORBLIND PROPOSITIONS: RACE, THE SAT, & THE NCAA 8 Stanford Law and Policy Review 141 (Winter, 1997) Must I strive toward colorlessness? But seriously and without snobbery, think of what the world would be if that should happen. America is woven of many strands; I would recognize them and let it remain so. Ralph Ellison When we read about a proposition, and we were not involved in discussing or writing the proposition, that is insulting. Rev.... 1997  
Nancy Ehrenreich CONCEPTUALISM BY ANY OTHER NAME . . . 74 Denver University Law Review 1281 (1997) Attitudes towards critical legal thought seem to be changing. When the Conference on Critical Legal Studies first came on the legal scene in the 1970s, it was the bad boy of legal scholarship. Critical legal theory's sharpest critics characterized it as pure critique, as containing no substance of its own but instead merely delighting in the... 1997  
Sumi K. Cho CONVERGING STEREOTYPES IN RACIALIZED SEXUAL HARASSMENT: WHERE THE MODEL MINORITY MEETS SUZIE WONG 1 Journal of Gender, Race and Justice 177 (Fall, 1997) I'll get right to the point, since the objective is to give you, in writing, a clear description of what I desire. Shave between your legs, with an electric razor, and then a hand razor to ensure it is very smooth. I want to take you out to an underground nightclub . like this, to enjoy your presence, envious eyes, to touch you in public. You will... 1997  
Keith Aoki CRITICAL LEGAL STUDIES, ASIAN AMERICANS IN U.S. LAW & CULTURE, NEIL GOTANDA, AND ME 4 Asian Law Journal 19 (May, 1997) The author offers a personal reflection on how Neil Gotanda's contributions to Asian American legal scholarship helped him become Asian American when the author used Gotanda's writings and teaching materials for a class. I was born in 1955, but did not become an Asian American until sometime during the summer of 1994. Please allow me to explain... 1997  
Donna E. Young CULTURE CONFRONTS THE INTERNATIONAL 60 Albany Law Review 907 (1997) Shortly before this Albany Law Review Symposium, the New York Times reported the death sentence given to two accused adulterers in Afghanistan. The couple had been found guilty of having an adulterous relationship and were sentenced to death by stoning. The article described in graphic detail the public ceremony in which the two accused were... 1997  
Ann Scales DISAPPEARING MEDUSA: THE FATE OF FEMINIST LEGAL THEORY? 20 Harvard Women's Law Journal 34 (Spring, 1997) Here is all my liberal arts education had to say about Medusa: In Greek mythology, she was a Gorgon, a monster with hair of snakes. Gazing upon a Gorgon would turn a man to stone. The mortal Perseus set out against all odds to kill Medusa, to give her head as a wedding present (to his creepy future stepfather). Perseus prevailed, but only with help... 1997  
Robert J. Lukens DISCOURSING ON DEMOCRACY & THE LAW--A DECONSTRUCTIVE ANALYSIS 70 Temple Law Review 587 (Summer 1997) Stochastic dialogue in the form of participatory democracy has become an integral part of the ongoing debate about the stake individual citizens have in the laws under which they are governed. Some commentators have categorized the most recent manifestations of this proposition by revivifying the phrase deliberative democracy. Under the... 1997  
Peter Margulies DOUBTING DOUBLENESS, AND ALL THAT JAZZ: ESTABLISHMENT CRITIQUES OF OUTSIDER INNOVATIONS IN MUSIC AND LEGAL THOUGHT 51 University of Miami Law Review 1155 (July, 1997) I. Theory and Experience in Modernism and Outsider Expression. 1161 II. Elite Versus Vernacular Culture. 1169 III. Alienation and Redemption. 1181 IV. Conclusion. 1193 1997  
Laura Kalman EATING SPAGHETTI WITH A SPOON 49 Stanford Law Review 1547 (July, 1997) In this essay, Laura Kalman examines Neil Duxbury's Patterns of American Jurisprudence. She dissects his treatment of the six significant jurisprudential movements of this century: legal formalism, legal realism, policy science, process theory, law and economics, and critical legal studies. Kalman especially admires Duxbury's discussions of... 1997  
Ediberto Román EMPIRE FORGOTTEN: THE UNITED STATES'S COLONIZATION OF PUERTO RICO 42 Villanova Law Review 1119 (1997) One of our challenges is to ensure that hope and opportunity are defining characteristics of all Americans. This was the challenge 30 years ago, when the great movement reshaping world politics was the end of colonialism. John Kennedy celebrated the desire to be independent as the single most important force in the world. Eventually this... 1997  
John O. Calmore EXPLORING MICHAEL OMI'S "MESSY" REAL WORLD OF RACE: AN ESSAY FOR "NAKED PEOPLE LONGING TO SWIM FREE" 15 Law & Inequality: A Journal of Theory and Practice 25 (Winter 1997) The real world is messy with no clear answers. Nothing demonstrates this convolution better than the social construction of racial and ethnic categories. --Michael Omi What strikes me here is that you are an American talking about American society, and I am an American talking about American society--both of us very concerned with it--and yet your... 1997  
  FINDING A PLACE FOR THE JOBLESS IN DISCRIMINATION THEORY 110 Harvard Law Review 1609 (May, 1997) To be unemployed conveys a wholly negative identity. . . . ________________ Being unemployed has negative implications that extend beyond the economic. As social science scholars have noted, the unemployed are subject to a host of difficulties, including identity crises imposed from within and without, social and familial stigmas, and health... 1997  
Frank I. Michelman FOREWORD: "RACIALISM" AND REASON 95 Michigan Law Review 723 (February, 1997) Clueless, I am not; but still I can wonder why I, of all people, was recruited to write a foreword for this symposium--sight unseen, before its component papers had even been submitted. Neither legal representation nor the teaching of it has ever been for me a main activity or focus of scholarly reflection. Although I have written occasionally... 1997  
Richard Thompson Ford GEOGRAPHY AND SOVEREIGNTY: JURISDICTIONAL FORMATION AND RACIAL SEGREGATION 49 Stanford Law Review 1365 (July, 1997) This article contrasts the constitutional treatment of two types of territorially defined political subdivisions: local governments and electoral districts. The Supreme Court treats racially segregated electoral districts as constitutionally suspect while generally insulating more severely segregated local governments from constitutional scrutiny.... 1997  
Dana Moon Dorsett HATE SPEECH DEBATE AND FREE EXPRESSION 5 Southern California Interdisciplinary Law Journal 259 (Spring 1997) The national debate over racist hate speech has been raging for over a decade. With mostly minority commentators supporting hate speech regulation and white commentators arguing against such regulation, the debate itself took on a racial division, which prompted Professor Richard Delgado to state: The powerful and well-connected whites who resist... 1997  
Katherine M. Franke HOMOSEXUALS, TORTS, AND DANGEROUS THINGS 106 Yale Law Journal 2661 (June, 1997) Negligent, intentional, and strict liability torts. From a canonical standpoint, whatever else one might teach, it is not a first-year torts course if these three concepts are not covered. Torts has a canon, even a Restatement. Yet a canon evolves only after some criteria of value has been established such that privileged texts can be identified... 1997  
David O. Brink IAN SHAPIRO AND JUDITH WAGNER DECEW, EDS., THEORY AND PRACTICE: NOMOS XXXVII. NEW YORK: NEW YORK UNIVERSITY PRESS, 1995. PP. 487. 47 Journal of Legal Education 270 (June, 1997) Theory and Practice is the thirty-seventh volume of NOMOS; it contains published versions of papers presented to the 1992 meeting of the American Society for Political and Legal Philosophysixteen essays by philosophers, political scientists, and academic lawyers on a wide variety of topics, all dealing in some way with the relation between theory... 1997  
Leonard M. Baynes IF IT'S NOT JUST BLACK AND WHITE ANYMORE, WHY DOES DARKNESS CAST A LONGER DISCRIMINATORY SHADOW THAN LIGHTNESS? AN INVESTIGATION AND ANALYSIS OF THE COLOR HIERARCHY 75 Denver University Law Review 131 (1997) One of my friends is a sportswriter, a liberal white guy--very active in social causes. He told me that he was unable to interview Celtic basketball player Robert Parrish in the locker room because Parrish was so dark that it was hard for him to approach Parrish! Many scholars in the social theory and anthropological fields tell us that race is... 1997  
Lisa C. Ikemoto IN SISTERHOOD 2 Michigan Journal of Race and Law 513 (Spring 1997) I am writing this review from Los Angeles, California, during the new years of infamy. In 1994, the majority of California voters in the November elections said yes to anti-immigrant Proposition 187 and yes to the racist crime bill known as three strikes. In November, 1996, the majority of California voters again voted yes, this time for... 1997  
Peter Margulies INCLUSIVE AND EXCLUSIVE VIRTUES: APPROACHES TO IDENTITY, MERIT, AND RESPONSIBILITY IN RECENT LEGAL THOUGHT 46 Catholic University Law Review 1109 (Summer 1997) When I thus bluntly reveal the personal background of my reflections, it may easily sound to those who know the fate of the Jews only from hearsay as if I am talking out of school, a school they have not attended and whose lessons do not concern them. [O]ne of the most important results of reconceptualizing from objective truth to rhetorical... 1997  
Lisa A. Crooms INDIVISIBLE RIGHTS AND INTERSECTIONAL IDENTITIES OR, "WHAT DO WOMEN'S HUMAN RIGHTS HAVE TO DO WITH THE RACE CONVENTION?" 40 Howard Law Journal 619 (Spring 1997) Because I am black Because I am woman Because I am short Because I am young Because I am African I am Human. On December 21, 1965, the United Nations (U.N.) General Assembly unanimously adopted the International Convention on the Elimination of All Forms of Racial Discrimination (CERD). The treaty was entered into force on January 4, 1969. Although... 1997  
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