AuthorTitleCitationDocument TypeStatusSummaryYear
George Anastaplo Racism, Political Correctness, and Constitutional Law: a Law School Case Study 42 South Dakota Law Review 108 (1997) Law Review Articles and Other Secondary Sources   Soft you! A word or two before you go. I have done the state some service, and they know't. No more of that. --Othello C1-2TABLE OF CONTENTS Prologue (February 14, 1997). 109 1. Sensitive Subjects (a memorandum to the Dean, November 1, 1995). 111 2. The Use and Abuse of Perceptions' (a memorandum to the Faculty, November 7, 1995). 112 Addendum:... 1997
Judith Olans Brown , Stephen N. Subrin , Phyllis Tropper Baumann Some Thoughts about Social Perception and Employment Discrimination Law: a Modest Proposal for Reopening the Judicial Dialogue 46 Emory Law Journal 1487 (Fall 1997) Law Review Articles and Other Secondary Sources   In the past we, like many others have written extensively about institutionalized discrimination. Most recently, in 1992, we demonstrated how the federal courts, and particularly the Supreme Court, had significantly weakened Title VII of the Civil Rights Act of 1964 by construing procedural rules in a consistently pro-defendant manner. Five years... 1997
Douglas W. Kmiec The Abolition of Public Racial Preference--an Invitation to Private Racial Sensitivity 11 Notre Dame Journal of Law, Ethics & Public Policy Pol'y 1 (1997) Law Review Articles and Other Secondary Sources   This volume is about race. In the Catholic, if not larger Judeo-Christian tradition, race is morally irrelevant. We are all created in God's image, and therefore skin color tells us nothing about a person's intellectual, spiritual, or moral worth. And yet, race is not unknown to our lives. Census data, rates of illegitimacy, school admissions,... 1997
Anthony Paul Farley The Black Body as Fetish Object 76 Oregon Law Review 457 (Fall 1997) Law Review Articles and Other Secondary Sources   I. Whiteness: Ideology Made Flesh. 461 A. Creating Whites. 461 B. Race as Pleasure. 464 C. Masking & the Colorline. 465 D. The Uses of Resistance. 467 1. Denial as Pleasure. 467 2. Race as Rape. 472 3. Rivers of Expectoration: Humiliation & Availability. 473 4. Textual Pleasure. 474 E. The Manufacture of Denial: Ideology as Seduction. 476 F. Fear... 1997
Sharon Elizabeth Rush The Heart of Equal Protection: Education and Race 23 New York University Review of Law and Social Change Change 1 (1997) Law Review Articles and Other Secondary Sources   L1-2Introduction 2. I. The Growing Disenchantment with Educational and Racial Equality. 7 A. Beyond Desegregation: The Jurisprudence of Quality and Access. 7 1. Equal Education: Ignoring Quality'. 7 2. Equal Access: The Authority to Disqualify'. 8 3. Equal Access: The Lack of Authority to Disqualify'. 11 B. The Road to Involuntary... 1997
Francisco Valdes Under Construction: Latcrit Consciousness, Community, and Theory 85 California Law Review 1087 (October, 1997) Law Review Articles and Other Secondary Sources   C1-3Table of Contents Introduction. 1089 I. Race, Ethnicity & Nationhood: Latina/o Position and Identity in Law and Society. 1096 A. The Utility of LatCrit Narratives. 1097 B. Beyond the Black/White Paradigm. 1103 II. Policy, Politics & Praxis: Latinas/os Under the Rule of Anglo-American Law. 1111 A. Equality in Law and Life. 1111 B. Immigration,... 1997
Isabelle R. Gunning Uneasy Alliances and Solid Sisterhood: a Response to Professor Obiora's Bridges and Barricades 47 Case Western Reserve Law Review 445 (Winter 1997) Law Review Articles and Other Secondary Sources   Professor Leslye Amede Obiora's Bridges and Barricades: Rethinking Polemics and Intransigence in the Campaign Against Female Circumcision is an incisive, compelling, and, in some respects, disturbing argument for the clinicalization or medicalization of female genital surgeries. This essay is a reaction piece. It will explore the most persuasive of... 1997
Leonard M. Baynes Who Is Black Enough for You? An Analysis of Northwestern University Law School's Struggle over Minority Faculty Hiring 2 Michigan Journal of Race and Law 205 (Spring 1997) Law Review Articles and Other Secondary Sources   Prevalent constructions of race and identity have oversimplified complex issues about how people of color identify themselves and are identified by others. Identifying people of color in absolute and essential terms only compounds this problem. In 1994, Northwestern Law School decided not to hire Maria O'Brien Hylton, a female professor of color... 1997
By: Peter M. Berkery, Jr., Esq. □Washington Alert 7/18/1996 Vol.42, No.29 ART. 9 (□July 18, 1996) Law Review Articles and Other Secondary Sources     1996
Carl E. Brody, Jr. A Historical Review of Affirmative Action and the Interpretation of its Legislative Intent by the Supreme Court 29 Akron Law Review 291 (Winter, 1996) Law Review Articles and Other Secondary Sources   It is not the words of the law but the internal sense of it that makes the law. The letter of the law is the body; the sense and reason of the law is the soul. In its recent decision in Adarand Constructors v. Pena, the United States Supreme Court determined that federal racial classifications should receive strict scrutiny, thereby making it... 1996
Carl L. Livingston, Jr. Affirmative Action on Trial the Retraction of Affirmative Action and the Case for its Retention 40 Howard Law Journal 145 (Fall 1996) Law Review Articles and Other Secondary Sources   [R]acial classifications . . . must serve a compelling governmental interest, and must be narrowly tailored. . . . [I]t is especially important that the reasons . . . be clearly identified and unquestionably legitimate. . . . [R]equiring strict scrutiny . . . will consistently give racial classifications that kind of detailed examination, both as... 1996
Lisa A. Crooms An "Age of Impossibility": Rhetoric, Welfare Reform, and Poverty 94 Michigan Law Review 1953 (May, 1996) Law Review Articles and Other Secondary Sources   [P]erhaps most important, we are gaining ground in restoring fundamental values. The crime rate, the welfare and food stamp rolls, the poverty rate and the teen pregnancy rate are all down. And as they go down, prospects for America's future go up. We live in an age of possibility. On January 23, 1996, President Bill Clinton so delivered his... 1996
Allen R. Kamp Anti-preference in Employment Law: a Preliminary Analysis 18 Chicano-Latino Law Review 59 (Fall 1996) Law Review Articles and Other Secondary Sources   There recently have been proposals to ban preferences for an individual group based on factors such as race, sex, or color. They would add a ban on preferences based on these categories to the already existing ban on discrimination. Characterized as being anti-affirmative action, these proposals have been debated in terms of their constitutionality... 1996
Robin D. Barnes Blue by Day and White by (K)night: Regulating the Political Affiliations of Law Enforcement and Military Personnel 81 Iowa Law Review 1079 (5/1/1996) Law Review Articles and Other Secondary Sources   C1-3Table of Contents I. Introduction. 1080 II. The Dangers Posed by Klan-cops. 1091 III. Past and Present Militant White Supremacists. 1098 A.The History of Organized Hate Groups. 1099 B.Today's Militant White Supremacists. 1103 C.Domestic Prisoners of W.A.R. (White Aryan Resistance). 1111 IV. A Record of Shame. 1114 A.The Scarcity of Leadership... 1996
Richard D. Kahlenberg Class-based Affirmative Action 84 California Law Review 1037 (July, 1996) Law Review Articles and Other Secondary Sources   In recent years, the case law governing affirmative action programs has shifted significantly, making race and ethnic preferences much more difficult to sustain. Further judicial curtailment of race-conscious programs may be in the offing. Partly in response to this judicial trend, and as a prelude to the 1996 presidential election, the top... 1996
Paul E. Kim Darkness in the Land of the Rising Sun: How the Japanese Discriminate Against Ethnic Koreans Living in Japan 4 Cardozo Journal of International and Comparative Law 479 (Summer 1996) Law Review Articles and Other Secondary Sources   This Note will discuss the history and effects of legal and social discrimination by the Japanese against the ethnic Korean population in Japan. While there are many other minority groups in Japan, this Note focuses on the ethnic Korean population because they are the largest alien ethnic minority group in Japan and they have many unique historical... 1996
Judith E. Koons Fair Housing and Community Empowerment: Where the Roof Meets Redemption 4 Georgetown Journal on Fighting Poverty 75 (Fall, 1996) Law Review Articles and Other Secondary Sources   Litigation as a Tool and Site of Empowerment in Preserving a Historic African-American Community from Municipal Destruction I. Introduction. 77 A. Miss Olivia's Dream. 77 B. The Struggle for Civil Rights. 78 1. From Canaan to Cocoa. 78 2. The Enduring Problem of the Color-Line. 79 3. Law as Tool and Terrain of Spiritual Change. 79 C. Overview of... 1996
Evelyn L. Wilson Finding Our Way Through the Affirmative Action Debate 23 Southern University Law Review 171 (Winter 1996) Law Review Articles and Other Secondary Sources   The topic of this Symposium, The Role of Affirmative Action in the 1990's, suggests that an examination of the forces set in motion by affirmative action policies and a reappraisal of the appropriateness of their continuation are in order. It suggests that some dissatisfaction with those policies exists. I will participate in this examination by... 1996
Louis Rene Beres Genocide, Death and Anxiety, a Jurisprudential/psychiatric Analysis 10 Temple International and Comparative Law Journal 281 (Fall 1996) Law Review Articles and Other Secondary Sources   Nietzsche, in THE BIRTH OF TRAGEDY, launches a well-founded frontal assault on optimism. Rejecting the Greek cheerfulness that is associated with Plato's ideal of the dying Socrates, Nietzsche understands both the essential primacy of individual death anxieties to human evil and the impossibility of canceling such fears through knowledge and... 1996
Jennifer A. Gergen Human Rights and the Foreign Sovereign Immunities Act 36 Virginia Journal of International Law 765 (Spring 1996) Law Review Articles and Other Secondary Sources   The international community has made tremendous progress in the last fifty years in the area of international human rights law. A state's mistreatment of its citizens has become the concern of the entire community of nations. Moreover, individuals now have standing to bring human rights claims against states in many international fora. Such... 1996
Crane Stephen Landis Human Rights Violations in Japan: a Contemporary Survey 5 Journal of International Law and Practice 53 (Spring 1996) Law Review Articles and Other Secondary Sources   It is said that Japanese history can be traced back over 3000 years. Japan's entrance on the international stage as a prominent leader, however, has a considerably younger history. Recently, in light of its economic power, the Japanese government has embarked on an overall policy of internationalization. In so doing, within the last decade Japan... 1996
Kenneth B. Nunn Illegal Aliens: Extraterrestrials and White Fear 48 Florida Law Review 397 (July, 1996) Law Review Articles and Other Secondary Sources   This is an essay about aliens. Not the type of aliens mentioned in immigration statutes, but the other kind of aliensother-worldly aliensthe kind mentioned in science fiction accounts and supermarket tabloids. What, you may ask, do little green men, bug-eyed creatures from Mars, blobs, and Klingons have to do with the weighty legal matters that... 1996
Harry G. Hutchison Inequality, Incoherence, and Diaphanous Intent: a Reply to Judge Pollak 25 Capital University Law Review 317 (1996) Law Review Articles and Other Secondary Sources   In the flaring parks, in the taverns, in the hushed academies, your murmur will applaud the wisdom of a thousand quacks. For theirs is the kingdom. L'homme n'est ni ange ni bete; et le malheur veut que qui veut faire l'ange fait la bete. In the United States a variety of perspectives exist on topics ranging from civil rights, to term limits, to gun... 1996
  Initial Brief of the Appellant (5/31/1996) Briefs   This case does require oral argument because the Appellant/Plaintiff is pro se and this case is very complex and novel and the Court can ascertain the gravity and scope of the arguments... 1996
  Initial Brief of the Appellant (5/31/1996) Briefs   Appellant, Marzuq Al-Hakim, was the plaintiff in the U. S. District Court and will be referred to as Appellant/Plaintiff in this brief. The Defendant, United States of America, et al, were... 1996
Mandinema R. Kumbula Justice Thomas Meets with Washington, D.c. Area Law Students 10-AUG NBA National Bar Association Magazine 36 (July/August,) Law Review Articles and Other Secondary Sources   Justice Clarence Thomas recently met informally at the U.S. Supreme Court with African American law students from Catholic University of America (CUA) and Howard University. Justice Thomas invited the students, after meeting CUA law students Mandinema R. Kumbula and Beverly Russell at a Supreme Court reception during the 1996 NBA Mid-Year... 1996
Eric Blumenson Mapping the Limits of Skepticism in Law and Morals 74 Texas Law Review 523 (February, 1996) Law Review Articles and Other Secondary Sources   This Article identifies the theoretical and practical limits of postmodern skepticism about objective, transcultural standards in law and morals. Stanley Fish tells us that moral issues are intelligible only within the precincts of the . . . paradigms or communities that give them their local and changeable shape. This is one formulation of... 1996
MARTHA MINOW Not Only for Myself: Identity, Politics, and Law 75 Oregon Law Review 647 (Fall 1996) Law Review Articles and Other Secondary Sources   --Hillel HILLEL'S famous comments usually, and rightly, summon up a challenge occuring on psychological, moral, and political levels. How can we each have self-respect but also regard for others (as well as a proper sense of urgency about doing what is right)? I thought about Hillel when my nephew, Ben, told me his difficulties in running for a... 1996
Nicholas J. Johnson Plenary Power and Constitutional Outcasts: Federal Power, Critical Race Theory, and the Second, Ninth, and Tenth Amendments 57 Ohio State Law Journal 1555 (1996) Law Review Articles and Other Secondary Sources   C1-2Contents I. Introduction. 1556 II. Rights Power Dissonance in a Plenary Power Environment. 1560 III. Trashing for Insight. 1568 A. The Outcast Provisions: A Shared Dependency on Substantive Power Boundaries. 1569 1. The Tenth Amendment. 1571 2. The Ninth Amendment. 1575 3. The Second Amendment. 1580 4. Reflections on the Outcasts. 1584 B.... 1996
Paul Butler, Robert S. Chang, Charles J. Cooper, Adrienne D. Davis, Angela Jordan Davis, Mark Hager, Stuart Ishimaru, Richard D. Kahlenberg, David Kairys, Phil Tajitsu Nash, Alexandra Natapoff, Nell Jessup Newton, Clarence Page, Frank R. Parker, Roger Pil Race Law and Justice: the Rehnquist Court and the American Dilemma 45 American University Law Review 567 (February, 1996) Law Review Articles and Other Secondary Sources   C1-3Table of Contents Introduction. 567 I. Color-Blindness Versus Racial Justice: The Supreme Court's 1994-95 Term and the Struggle to Define Equal Protection. 568 II. Beyond Black and White: Race-Conscious Policies and the Other Minorities'. 601 III. Keynote Address: Angela Davis. 636 IV. Creditor and Debtor Races': Is It Time to Get Beyond... 1996
Reginald Leamon Robinson Race, Myth and Narrative in the Social Construction of the Black Self 40 Howard Law Journal L.J. 1 (Fall 1996) Law Review Articles and Other Secondary Sources   I. Introduction. 3 II. What's In A Voice of Color?: Experiences By Any Other Name Would Still Be Oppression. 21 A. Voice of Color: Experience of the Institutionally Silenced, Socially Marginalized, and Legally Oppressed. 21 B. Critiquing the Voice of Color and Narrative Methodology. 48 III. Race, Myth, and Narrative in the Origins of Traditional... 1996
Reviewed by Jonathan Feldman Race-consciousness Versus Colorblindness in the Selection of Civil Rights Leaders: Reflections upon Jack Greenberg's Crusaders in the Courts 84 California Law Review 151 (January, 1996) Law Review Articles and Other Secondary Sources   The white male civil rights lawyer faces two quandaries regarding his career. The first pertains to self-interest: given that the lawyer's majority-group status renders him an outsider within the cause he has chosen to serve, will he be able to advance his career satisfactorily, or will the top rungs of the career ladder be closed to him? The... 1996
  Reparation Tax Claims Still Being Denied FS- 96-8 (7/1/1996) Administrative Decisions & Guidance     1996
Michelle Adams Separate and [Un]equal: Housing Choice, Mobility, and Equalization in the Federally Subsidized Housing Program 71 Tulane Law Review 413 (December, 1996) Law Review Articles and Other Secondary Sources   The history of racial discrimination and inequality in the federally subsidized housing program is extensive and well-documented. For a number of years, commentators have sought to identify types of systemic housing discrimination and determine appropriate remedies for it. Advocates of two commonly discussed methods of remediation--spatial equality... 1996
Mary J. Reyburn Strict Scrutiny Across the Board: the Effect of Adarand Constructors, Inc. v. Pena on Race-based Affirmative Action Programs 45 Catholic University Law Review 1405 (Summer 1996) Law Review Articles and Other Secondary Sources   The Equal Protection Clause of the Fourteenth Amendment ensures individuals equality under the law. Nowhere is this more true than in the realm of racial discrimination. Ratified after the Civil War as one of the Civil War Amendments, the Fourteenth Amendment represented the nation's first significant step toward racial equality. Since then,... 1996
Reggie Oh , Frank Wu The Evolution of Race in the Law: the Supreme Court Moves from Approving Internment of Japanese Americans to Disapproving Affirmative Action for African Americans 1 Michigan Journal of Race and Law 165 (1996) Law Review Articles and Other Secondary Sources   Over the past fifty years, the United States Supreme Court has articulated the constitutional standards for the governmental use of racial classifications by referring repeatedly to its wartime decisions on the Japanese American internment. Those decisions were understood then as being emphatically not about race, but have been understood since as... 1996
Edward L. Rubin The New Legal Process, the Synthesis of Discourse, and the Microanalysis of Institutions 109 Harvard Law Review 1393 (April, 1996) Law Review Articles and Other Secondary Sources   The conceptual disarray of legal scholarship has become so familiar to us that we have ceased to regret it. Any suggestion that some new synthesis -- or worse still, paradigm -- is imminent would generally be regarded as naive. Nonetheless, a survey of current legal scholarship and of developments in related fields suggests that a new approach,... 1996
Gabriel J. Chin The Plessy Myth: Justice Harlan and the Chinese Cases 82 Iowa Law Review 151 (October, 1996) Law Review Articles and Other Secondary Sources   For a century, the vision of racial equality expressed in John Marshall Harlan's dissent in Plessy v. Ferguson has captured the legal imagination in a way matched by few other texts. Even today, the symbolic power of Harlan's rejection of segregation of African Americans and whites in New Orleans streetcars is rivaled only by the Reverend Martin... 1996
Katheryn K. Russell The Racial Hoax as Crime: the Law as Affirmation 71 Indiana Law Journal 593 (Summer, 1996) Law Review Articles and Other Secondary Sources   INTRODUCTION. 594 I. THE PHENOMENON OF THE RACIAL HOAX. 596 A. Cases in Point. 596 B. The Sociology of the Racial Hoax. 599 II. RACISM AS CRIME. 601 A. Views of Commentators. 601 B. The Paradigm and the Racial Hoax. 604 III. THE LAW AS AFFIRMATION AND ITS RELATIONSHIP TO CRIMINAL OFFENDING. 605 A. Affirmative Race Law. 605 B. Absence of Affirmative... 1996
Norman W. Spaulding III Totemism Transcended?: the Ambivalent Aspirations of Richard Posner's Jurisprudence 26 Seton Hall Law Review 1810 (1996) Law Review Articles and Other Secondary Sources   The law to which my title refers is a professional totem signifying all that is pretentious, uninformed, and spurious in the legal tradition. A pragmatic approach can help demolish the totem. Economic analysis can help put better things in its place. --Richard A. Posner, Overcoming Law It was in fact the ancient totem animal, the primitive god... 1996
Judith Kelleher Schafer Under the Present Mode of Trial, Improper Verdicts Are Very Often Given: Criminal Procedure in the Trials of Slaves in Antebellum Louisiana 18 Cardozo Law Review 635 (November, 1996) Law Review Articles and Other Secondary Sources   When Louisiana became an American possession in 1803, a primary concern of the new territorial government and its inhabitants was what kind of law would be most appropriate to provide stability and maintain order in a heterogeneous population composed of free persons of French, Spanish, and American ancestry, those of African origin, free and slave... 1996
John Valery White Vindicating Rights in a Federal System: Rediscovering 42 U.s.c. S 1985(3)'S Equality Right 69 Temple Law Review 145 (Spring 1996) Law Review Articles and Other Secondary Sources   Section 1985(3) is dead. The United States Supreme Court's refusal to apply s 1985(3) to the assault and intimidation of abortion seekers by abortion protesters in Bray v. Alexandria Women's Health Clinic confirmed the demise of the section, already significantly undercut by the Supreme Court's previous decisions in Great American Federal Savings &... 1996
Carol R. Goforth 'What Is She?' How Race Matters and Why it Shouldn't 46 DePaul Law Review Rev. 1 (Fall 1996) Law Review Articles and Other Secondary Sources   Introduction. 3 I. The Legitimacy of Racial Classifications: What Does It Mean to Identify Someone as Black?. 11 A. The Biological Basis for Racial Classifications. 12 B. Societal Norms: Ethnicity and Culture as a Basis for Racial Classification. 16 II. Use of Racial Classifications in Adoption. 23 A. Introduction to Transracial Adoptions. 23 B.... 1996
Reginald Leamon Robinson White Cultural Matrix and the Language of Nonverbal Advertising in Housing Segregation: Toward an Aggregate Theory of Liability 25 Capital University Law Review 101 (1996) Law Review Articles and Other Secondary Sources   Introduction. 103 I. White Cultural Matrix and the Language of Nonverbal Advertising. 118 A. The Text of the White Cultural Matrix: Racism, White Supremacy, and Beyond. 118 B. The Text of the Language of Nonverbal Advertising. 125 1. Advertising and basic motivations. 135 2. Advertising and predicate (or object) thinking. 141 C. Intertextuality of... 1996
Frank Adams, Jr. Why Brown v. Board of Education and Affirmative Action Can Save Historically Black Colleges and Universities 47 Alabama Law Review 481 (Winter 1996) Law Review Articles and Other Secondary Sources   The colleges founded for Negroes are both a source of pride to blacks who have attended them and a source of hope to black families who want the benefits of higher learning for their children. They have exercised leadership in developing educational opportunities for young blacks at all levels of instruction, and, especially in the South, they are... 1996
Reverend Jesse L. Jackson 1995 Symposium 38 Howard Law Journal 449 (Summer 1995) Law Review Articles and Other Secondary Sources   To my friend, Dee Hunter, and to all of you who are here as participants and as students, let me express to you how delighted I am to be here at this critical moment in time. Just last night, a Rutgers University basketball game was interrupted by a student sit-in protesting the university president's racist statements based upon Charles Murray's... 1995
Rebecca J. Cook , Valerie L. Oosterveld A Select Bibliography of Women's Human Rights 44 American University Law Review 1429 (April, 1995) Law Review Articles and Other Secondary Sources   This bibliography references select works on the development, interpretation and implementation of women's international human rights as established by the Convention on the Elimination of All Forms of Discrimination Against Women and other international and regional human rights conventions. This bibliography is confined to international law and... 1995
Gerald S. Janoff Adarand Constructors, Inc. v. Pena: the Supreme Court to Decide the Fate of Affirmative Action 69 Tulane Law Review 997 (March, 1995) Law Review Articles and Other Secondary Sources   I. Introduction. 997 II. Background on Affirmative Action. 1001 III. A Brief History Leading to Affirmative Action. 1003 IV. The Debate Surrounding Affirmative Action in Employment. 1009 A. Arguments Supporting Affirmative Action. 1009 B. Arguments Against Affirmative Action. 1012 V. The Supreme Court and Affirmative Action in the Employment... 1995
David A. Strauss Affirmative Action and the Public Interest 1995 Supreme Court Review Rev. 1 (1995) Law Review Articles and Other Secondary Sources   The first affirmative action case came before the Supreme Court more than twenty years ago. In that time, several basic issues have been resolved. Some early intimations that affirmative action might sometimes be required by the Constitution have been firmly rejected and have not reappeared. The opposite view, that affirmative action is essentially... 1995
Paul Brest , Miranda Oshige Affirmative Action for Whom? 47 Stanford Law Review 855 (5/1/1995) Law Review Articles and Other Secondary Sources   Affirmative action was initially conceived as a remedy to benefit African Americans. Although many affirmative action programs include the members of other racial and ethnic groups, little attention has been paid to the criteria for inclusion. In this article, Paul Brest and Miranda Oshige propose a framework for analyzing which groups to include... 1995
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