AuthorTitleCitationDocument TypeStatusSummaryYear
Tanya Katerí Hernández Multiracial Discourse: Racial Classifications in an Era of Color-blind Jurisprudence 57 Maryland Law Review 97 (1998) Law Review Articles and Other Secondary Sources   Introduction. 98 I. The Background and Motivation of the Multiracial Category Movement. 106 II. The Adverse Consequences of Multiracial Discourse. 115 A. The Reaffirmation of the Value of Whiteness in Racial Hierarchy. 115 B. The Dissociation of a Racially Subordinated Buffer Class from Equality Efforts. 121 C. The Continuation of the Color-Blind... 1998
Frank H. Wu New Paradigms of Civil Rights: a Review Essay 66 George Washington Law Review 698 (March, 1998) Law Review Articles and Other Secondary Sources   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
Nathalie D. Martin Noneconomic Interests in Bankruptcy: Standing on the Outside Looking in 59 Ohio State Law Journal 429 (1998) Law Review Articles and Other Secondary Sources   In this Article, Professor Martin challenges traditional notions of bankruptcy court standing and concludes that the current majority view of such standing, which limits participation in bankruptcy cases to persons with pecuniary interests or claims in the debtor, is too narrow. Professor Martin reviews current case law, statutory law, and... 1998
Chris K. Iijima Political Accommodation and the Ideology of the "Model Minority": Building a Bridge to White Minority Rule in the 21st Century 7 Southern California Interdisciplinary Law Journal L.J. 1 (Summer 1998) Law Review Articles and Other Secondary Sources   Recently, I overheard my father suddenly ask my eight year old son, Alan, whether he wanted to see his grandpa's war medals. I was surprised to hear him ask Alan this question since I never remembered him asking me when I was a child whether I had wanted to see them. My father had always seemed reluctant to talk about his war experiences. He was... 1998
  Press Briefing by Mike Mccurry 03/12/98 (3/13/1998) Administrative Decisions & Guidance     1998
  Press Briefing in Kampala Uganda 03/24/98 (4/14/1998) Administrative Decisions & Guidance     1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 40 Boston College Law Review 477 (December, 1998) Law Review Articles and Other Secondary Sources   In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
Eric K. Yamamoto Racial Reparations: Japanese American Redress and African American Claims 19 Boston College Third World Law Journal 477 (Fall, 1998) Law Review Articles and Other Secondary Sources   In 1991 the United States Office of Redress Administration presented the first $20,000 reparations check to the oldest Hawaii survivor of the Japanese American internment camps. I attended the stately ceremony. The mood, while serious, was decidedly upbeat. Tears of relief mixed with sighs of joy. Freed at last. Amidst the celebration I reflected... 1998
Stephen A. Denburg Reclaiming Their Past: a Survey of Jewish Efforts to Restitute European Property 18 Boston College Third World Law Journal 233 (Spring, 1998) Law Review Articles and Other Secondary Sources   The current Swiss banking scandal has shed light on the fact that many European countries have not fully revealed the extent of, or have failed to compensate Jews for, the numerous assets and property holdings that were confiscated during the Nazi era. While the Swiss banks moved quickly to establish humanitarian funds and restitute Jewish assets,... 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) Law Review Articles and Other Secondary Sources   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 19 Boston College Third World Law Journal 73 (Fall, 1998) Law Review Articles and Other Secondary Sources   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
Chris K. Iijima Reparations and the "Model Minority" Idealogy of Acquiescence: the Necessity to Refuse the Return to Original Humiliation 40 Boston College Law Review 385 (December, 1998) Law Review Articles and Other Secondary Sources   Any attempt to soften the power of the oppressor in deference to the weakness of the oppressed almost always manifests itself in the form of false generosity; indeed, the attempt never goes beyond this. In order to have the continued opportunity to express their generosity, the oppressors must perpetuate injustice as well. An unjust social... 1998
Chris K. Iijima Reparations and the "Model Minority" Idealogy of Acquiescence: the Necessity to Refuse the Return to Original Humiliation 19 Boston College Third World Law Journal 385 (Fall, 1998) Law Review Articles and Other Secondary Sources   Any attempt to soften the power of the oppressor in deference to the weakness of the oppressed almost always manifests itself in the form of false generosity; indeed, the attempt never goes beyond this. In order to have the continued opportunity to express their generosity, the oppressors must perpetuate injustice as well. An unjust social... 1998
Irma Jacqueline Ozer Reparations for African Americans 41 Howard Law Journal 479 (Spring, 1998) Law Review Articles and Other Secondary Sources   The analysis presented in this paper is based primarily upon law review articles and books written during the last three decades. Also presented in this paper are new theories of tort and criminal defense which attempt to illustrate the profound psychological effects of past and ongoing wrongs perpetrated upon African Americans in the United... 1998
James Boyd White Talking about Religion in the Language of the Law: Impossible but Necessary 81 Marquette Law Review 177 (Winter 1998) Law Review Articles and Other Secondary Sources   In speaking to this conference about religion and law I am in a decidedly peculiar position, for it may be that every one of you has thought longer and harder about the relation between these two forms of life than I have. When Scott Idleman first asked me to talk to you, I explained that I was no expert, to put it mildly, and that the most that I... 1998
Steven R. Ratner The Genocide Convention after Fifty Years 92 American Society of International Law Proceedings Proc. 1 (April 1-4, 1998) Law Review Articles and Other Secondary Sources   The panel was convened at 8:10 p.m., Wednesday, April 1, by its Chair, Steven Ratner, who introduced the panelists: B.G. Ramcharan, United Nations Division for Political Affairs; Payam Akhavan, International Criminal Tribunal for the Former Yugoslavia; and Delissa Ridgway, Foreign Claims Settlement Commission, U.S. Department of Justice. Fifty... 1998
P. Mweti Munya The International Court of Justice and Peaceful Settlement of African Disputes: Problems, Challenges and Prospects 7 Journal of International Law and Practice 159 (Summer, 1998) Law Review Articles and Other Secondary Sources   I. Introduction. 160 II. The Colonial Experience and the Attitude of the African States Towards the International Court of Justice: The Early Decades (1960-1981). 164 III. The Changing Attitude of the African States Towards the International Court of Justice: 1982 to date. 173 A. Changing Global Power Equation. 173 B. Structural Transformation of... 1998
David E. Bernstein The Law and Economics of Post-civil War Restrictions on Interstate Migration by African-americans 76 Texas Law Review 781 (March, 1998) Law Review Articles and Other Secondary Sources   A man has a right to go anywhere in this country he may choose. -- R.A. Peg Leg Williams, Southern emigrant agent In Williams v. Fears, the Supreme Court upheld a racist statute that imposed a prohibitive license fee on interstate labor recruiters known as emigrant agents. The result in Williams negatively affected the lives of millions of... 1998
Vincene Verdun The Only Lonely Remedy 59 Ohio State Law Journal 793 (1998) Law Review Articles and Other Secondary Sources   Affirmative action has been under attack for the last few decades and, as a result, is as misunderstood as it is unpopular. For all of its perceived shortcomings, affirmative action is the only remedy that has been offered to compensate for the injustices resulting from historic and present discrimination. This Essay uses storytelling to expound on... 1998
Francisco Valdes Under Construction: Latcrit Consciousness, Community, and Theory 10 La Raza Law Journal L.J. 1 (Spring 1998) Law Review Articles and Other Secondary Sources   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
Brook Sari Moshan Women, War, and Words: the Gender Component in the Permanent International Criminal Court's Definition of Crimes Against Humanity 22 Fordham International Law Journal 154 (November, 1998) Law Review Articles and Other Secondary Sources   Throughout the twentieth century, serious debate has revolved around the need for a permanent International Criminal Court (ICC) with global jurisdiction to try individuals for gross breaches of international humanitarian law. The international community has attempted to create such a court in the past, but until now no permanent ICC has yet... 1998
Kevin L. Hopkins A Gospel of Law 30 John Marshall Law Review 1039 (Summer 1997) Law Review Articles and Other Secondary Sources   Derrick Bell is no stranger to civil rights activists, the Black community and the legal academy. Over the last three decades his involvement and participation in civil rights litigation and his numerous scholarship in the areas of Race and Constitutional Law have placed him in the forefront of Critical Race Theory. In Gospel Choirs: Psalms of... 1997
Paul Butler Affirmative Action and the Criminal Law 68 University of Colorado Law Review 841 (Fall 1997) Law Review Articles and Other Secondary Sources   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
Jean Stefancic Affirmative Action: Diversity of Opinions--an Overview of the Colorado Law Review Symposium 68 University of Colorado Law Review 833 (Fall 1997) Law Review Articles and Other Secondary Sources   Three decades after enactment of the Civil Rights Act of 1964, affirmative action has become once again a lightning rod--the focus of attention by legislators, university governing boards, newspaper editors, and courts. Debate about affirmative action addresses questions of legality, fairness, and the various rationales put forth to justify or... 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) Law Review Articles and Other Secondary Sources   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
  Arizona Bars Advertising of "Slavery Reparations' 1997-NOV National Association of Attorneys General: Consumer Protection Report 22 (October/November, 1997) Law Review Articles and Other Secondary Sources   Attorney General Grant Woods has entered into an Assurance of Discontinuance with Orves Morrison, doing business as Commercial Accounting & Tax Service. Morrison allegedly was representing to African-American consumers that they were eligible for reparations owed to the descendants of former slaves by the IRS. He allegedly claimed that the U.S.... 1997
Michael Abramowicz Beyond Balanced Budgets, Fourteenth Amendment Style 33 Tulsa Law Journal 561 (Winter 1997) Law Review Articles and Other Secondary Sources   This Article raises a historical constitutional puzzle in an effort to shed light on a modern one. The historical puzzle concerns an obscure constitutional provision buried in a prominent constitutional amendment. Section 4 of the Fourteenth Amendment states that [t]he validity of the public debt of the United States . shall not be questioned,... 1997
Natsu Taylor Saito Beyond Civil Rights: Considering "Third Generation" International Human Rights Law in the United States 28 University of Miami Inter-American Law Review 387 (1997) Law Review Articles and Other Secondary Sources   L1-3,T3I. Human Rights: The Next Generation 388 L1-4 L1-3,T3II. The International Human Rights Framework 391 L1-4 A. Emergence of a Law of Human Rights to Supplement the Law of Nations. 391 L1-4 B. Individual Rights: Civil and Political; Economic, Social, and Cultural. 392 L1-4 C. Group Rights: Solidarity and Self-Determination. 395 L1-4... 1997
  Black African Reparations: Making a Claim for Enslavement and Systematic De Jure Segregation and Racial Discrimination under American and International Law 25 Southern University Law Review Rev. 1 (Fall, 1997) Law Review Articles and Other Secondary Sources   I. Introduction. 2 II. A Historical Overview of the Struggle for African Reparations. 6 A. Reparations: From Pre-Reconstruction to thePresent. 6 III. Can a Valid Claim for Black Reparations be Made Under American Law?. 14 A. American Courts in the Late Nineteenth Century. 14 B. American Courts in the Early and Mid-Twentieth Century. 16 IV. The... 1997
Anthony V. Alfieri Black and White 85 California Law Review 1647 (October, 1997) Law Review Articles and Other Secondary Sources   Critical Race Theory dreams in black and white. No rhapsody of color, only charred history and pale hope. Yet the dreams stamp hard, inspiring a jurisprudential movement of diverse scholars and earning an uneasy place in the postwar scholarship of the American legal academy. Having waged both theoretical and practical battles to gain that place,... 1997
Amy L. Knickmeier Blind Leading the "Colorblind:" the Evisceration of Affirmative Action and a Dream Still Deferred 17 Northern Illinois University Law Review 305 (Spring, 1997) Law Review Articles and Other Secondary Sources   In the state of nature, men are in fact born equal; but they cannot remain so. Society deprives them of equality, and they only become equal again because of the laws. Like an incurable cancer, the disease of racism continues to plague the population. This malady incessantly claims victims who, rather than attempting to find a cure for it, fall... 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) Law Review Articles and Other Secondary Sources   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
Keith Aoki Direct Democracy, Racial Group Agency, Local Government Law, and Residential Racial Segregation: Some Reflections on Radical and Plural Democracy 33 California Western Law Review 185 (Spring 1997) Law Review Articles and Other Secondary Sources   I have been thinking about Bob Chang's radical democracy project that he has been working on recently and am very honored and grateful to be among the persons invited to participate in this Symposium. Allow me to give you a brief bit of biographical information that bears on some of the questions which arise in connection with a Symposium entitled,... 1997
Robert Matz Dual Sovereignty and the Double Jeopardy Clause: If at First You Don't Convict, Try, Try Again 24 Fordham Urban Law Journal 353 (Winter 1997) Law Review Articles and Other Secondary Sources   On August 10, 1994, the United States indicted Lemrick Nelson for violating the civil rights of Yankel Rosenbaum, an Australian rabbinical student. Two years earlier, however, a New York State jury acquitted Nelson of Rosenbaum's murder. Did the federal indictment serve justice or did it violate Nelson's Fifth Amendment right under the Double... 1997
Karen Cavanaugh Emerging South Africa: Human Rights Responses in the Post-apartheid Era 5 Cardozo Journal of International and Comparative Law 291 (Spring 1997) Law Review Articles and Other Secondary Sources   The Republic of South Africa became an independent state within the British Commonwealth in June of 1934. Due to increasing international condemnation of its policy of institutionalized racial repression known as apartheid, in which effective political power rested with the white minority, South Africa in 1961 severed its ties with the British... 1997
Frederick Dennis Greene Immigrants in Chains: Afrophobia in American Legal History--the Harlem Debates Part 3 76 Oregon Law Review 537 (Fall 1997) Law Review Articles and Other Secondary Sources   Law professor Peter Burns was leaving the Schomburg Black Research Library for his luncheon meeting with Cyril Lewis. This was to be their third lunch meeting (or Harlem Debate as Cyril had dubbed their lunches) of Peter's summer visit to Harlem, New York. At first, Peter had been concerned that arguing with a conservative Black law professor... 1997
Edgar S. Cahn Law and Justice: Co-production as the New Imperative 1997 Annual Survey of American Law 747 (1997) Law Review Articles and Other Secondary Sources   There has been a critical element missing from the goals, objectives, and strategies undertaken by lawyers seeking to redress injustice or to address any social problem related to poverty. I call it co-production. Defined most restrictively, co-production is labor that the consumer must supply in order to achieve the end result sought jointly by... 1997
Kenneth B. Nunn Law as a Eurocentric Enterprise 15 Law & Inequality: A Journal of Theory and Practice 323 (Spring 1997) Law Review Articles and Other Secondary Sources   The white man . . . desires the world and wants it for himself alone. He considers himself predestined to rule the world. He has made it useful to himself. But here are values which do not submit to his rule. --Frantz Fanon Several schools of legal thought now exist that, in various forms, acknowledge law's relationship to culture. But what is... 1997
Charles E. Daye Monday Morning Blues: Or, Is Race Really Insignificant? 47 Journal of Legal Education 122 (March, 1997) Law Review Articles and Other Secondary Sources   Well! In the United States of America, as of Monday, March 18, 1996, a black person's race is no more significant than a person's physical size or blood type. On that date, a panel of the U.S. Court of Appeals for the Fifth Circuit announced: The use of race, in and of itself, to choose students simply achieves a student body that looks different.... 1997
Sumi K. Cho Multiple Consciousness and the Diversity Dilemma 68 University of Colorado Law Review 1035 (Fall 1997) Law Review Articles and Other Secondary Sources   There are many valuable aspects of Professor Malamud's article, Affirmative Action, Diversity, and the Black Middle Class. Perhaps her most remarkable point is that we as legal scholars need not limit our arguments to those that the current Supreme Court will accept. It is especially significant that Professor Malamud--as a former Supreme Court... 1997
Regina Austin Nest Eggs and Stormy Weather: Law, Culture, and Black Women's Lack of Wealth 65 University of Cincinnati Law Review 767 (Spring 1997) Law Review Articles and Other Secondary Sources   Nest' egg', money saved and held in reserve for emergencies, retirement, etc. Wise men say Keep something til a rainy day. Don't know why there's no sun up in the sky, Stormy weather, since my man and I ain't together, keeps rainin' all the time. Nest eggs are supposed to provide protection against a rainy day, but suppose it rains all the time? I... 1997
Simon Chesterman Never Again . . . and Again: Law, Order, and the Gender of War Crimes in Bosnia and Beyond 22 Yale Journal of International Law 299 (Summer 1997) Law Review Articles and Other Secondary Sources   I. Introduction. 299 II. The Function of War Crimes: History, Theater, Order. 301 A.War Crimes as History. 305 B.War Crimes as Theater. 311 1.Retribution. 312 2.Deterrence. 314 3.Catharsis. 316 C.War, Crime, and Order. 317 1.Law and Order. 319 2.Ordering the Subject. 322 III. The Gender of War Crimes: Rape in War, Rape as War. 324 A.Rape in War.... 1997
Robert S. Chang , Jerome McCristal Culp, Jr. Nothing and Everything: Race, Romer, and (Gay/lesbian/bisexual) Rights 6 William & Mary Bill of Rights Journal 229 (Winter, 1997) Law Review Articles and Other Secondary Sources   In this Article, Professors Chang and Culp propose that the Supreme Court's decision in Romer v. Evans, viewed by some scholars as a progressive case about gay/lesbian/bisexual rights, has little to do with gay/lesbian/bisexual rights as such. They argue that whatever protection Romer provides to gays, lesbians, and bisexuals is provided not... 1997
Dennis W. Arrow Pomobabble: Postmodern Newspeak and Constitutional "Meaning" for the Uninitiated 96 Michigan Law Review 461 (December, 1997) Law Review Articles and Other Secondary Sources   Newspeak was the official language of Oceania . . . . In the year 1984 there was not as yet anyone who used Newspeak as his sole means of communication, either in speech or writing. The leading articles in the Times were written in it, but this was a tour de force which could only be carried out by a specialist . . . . [But] all Party members... 1997
Molly S. Mcusic , Michael Selmi Postmodern Unions: Identity Politics in the Workplace 82 Iowa Law Review 1339 (8/1/1997) Law Review Articles and Other Secondary Sources   The workplace has always been a place of conflict, although historically that conflict has centered around the struggle for power between the owners and workers. In that struggle, workers were generally seen to be bound together by common interests, and whatever conflicts existed among the workers paled in importance to the larger struggle against... 1997
  Press Briefing by Mike Mccurry 06/16/97 (6/16/1997) Administrative Decisions & Guidance     1997
  Press Conference by the President 08/06/97 (8/6/1997) Administrative Decisions & Guidance     1997
Richard B. Collins Race and Criminal Justice 68 University of Colorado Law Review 933 (Fall 1997) Law Review Articles and Other Secondary Sources   The major premise of Paul Butler's paper is that the relation of African Americans to the criminal justice system is beset with deep and intractable problems. I readily agree, as would many. Professor Butler traces these problems to past and present discrimination against African Americans. He proposes two kinds of remedies: More lenient rules of... 1997
Eric K. Yamamoto Race Apologies 1 Journal of Gender, Race and Justice 47 (Fall, 1997) Law Review Articles and Other Secondary Sources   S[outh] Africa opens wounds to heal wrongs of [the] past. My presentation on the Historical Perspectives panel looks to the past to move toward the future. It addresses a question of both process and substance; how can racial groups redress historical wrongs inflicted by one group upon the other in order to overcome present-day obstacles to... 1997
Stephen Wolf Race Ipsa: Vote Dilution, Racial Gerrymandering, and the Presumption of Racial Discrimination 11 Notre Dame Journal of Law, Ethics & Public Policy 225 (1997) Law Review Articles and Other Secondary Sources   It is frequently asserted that race matters, and all too frequently it is demonstrated that racial discrimination continues to persist. But in a society dedicated to the proposition that all men are created equal, the important issue is not the fact that race sometimes matters but the question of how should race matter. How do we move toward a... 1997
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