AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
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  
  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  
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  
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  
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  
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  
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  
  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  
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  
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