AuthorTitleCitationDocument TypeStatusSummaryYear
Kevin Edward Kennedy And We Are Not Saved: the Elusive Quest for Racial Justice. By Derrick A. Bell. New York: Basic Books. 1987. Pp. Xii, 288. $19.95 86 Michigan Law Review 1130 (May, 1988) Law Review Articles and Other Secondary Sources   If a book could be said to have a personality, then Derrick Bell's And We Are Not Saved could certainly be classified as a schizophrenic. Part fable, part legal scholarship, combining a pessimistic diagnosis of American race relations and a more optimistic prognosis for the eventual attainment of racial justice, Bell's latest work is simultaneously... 1988
Ankur J. Goel, Willie J. Lovett, Jr., Robert Patten, Robert L. Wilkins Black Neighborhoods Becoming Black Cities: Group Empowerment, Local Control and the Implications of Being Darker than Brown 23 Harvard Civil Rights-Civil Liberties Law Review 415 (Summer, 1988) Law Review Articles and Other Secondary Sources   [T]he residents of our community have never received a fair share of anything from Boston, except neglect. The [Mandela] proposal is fiscally unsound as well as racially and morally undesirable. [T]his is a referendum on whether we continue to work to make the political bodies, the economic and cultural life of this city open to all and reflective... 1988
Stephen E. Gottlieb Compelling Governmental Interests: an Essential but Unanalyzed Term in Constitutional Adjudication 68 Boston University Law Review 917 (November, 1988) Law Review Articles and Other Secondary Sources   Much commentary on constitutional rights and liberties has focused on the sources or justifications of such rights. Scholars have focused particularly upon the judicial recognition of fundamental rights, those rights not explicitly defined in the Constitution but derived from the due process and other open-ended clauses of the Constitution.... 1988
  Hamrick v. State 519 So.2d 81, District Court of Appeal of Florida, Third District. (2/2/1988) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. Probation revocation proceeding was brought. The Circuit Court, Dade County, Howard Gross, J., revoked probation. Probationer appealed. The District Court of Appeal, Schwartz, C.J., held that probationer's agreeing to make restitution regardless of ability to pay was invalid and unconstitutional. Reversed and remanded with... 1988
Richard Delgado Storytelling for Oppositionists and Others: a Plea for Narrative 87 Michigan Law Review 2411 (8/1/1988) Law Review Articles and Other Secondary Sources   Everyone has been writing stories these days. And I don't just mean writing about stories or arrative theory, important as those are. I mean actual stories, as in once-upon-a-time type stories. Derrick Bell has been writing Chronicles, and in the Harvard Law Review at that. Others have been writing dialogues, stories, and metastories. Many... 1988
Anthony D'Amato The Alien Tort Statute and the Founding of the Constitution 82 American Journal of International Law 62 (January, 1988) Law Review Articles and Other Secondary Sources   At this time of celebration of the bicentennial anniversary of the Constitution, students of international law might have a special interest in reexamining the allegedly obscure origin of the Alien Tort Statute for the light it throws on how the new nation worked out a role for international law in foreign relations. The Alien Tort Statute, part of... 1988
  The Battle Ground of Experience 101 Harvard Law Review 849 (February, 1988) Law Review Articles and Other Secondary Sources   For decades black civil rights leaders have invoked the moral power expressed in Biblical verse and spiritual song to maintain unity within the movement for racial justice. Finding it impossible to fulfill promises of deliverance within their lifetimes, they have dealt with the yearnings of blacks by invoking images of a promised land free of... 1988
Sheri Lynn Johnson Unconscious Racism and the Criminal Law 73 Cornell Law Review 1016 (July, 1988) Law Review Articles and Other Secondary Sources   At most, [defendant's proof of racial discrimination] indicates a discrepancy that appears to correlate with race. Apparent disparities in sentencing are an inevitable part of our criminal justice system. . . . Where the discretion that is fundamental to our criminal process is involved, we decline to assume that what is unexplained is invidious.... 1988
Lance Liebman Justice White and Affirmative Action 58 University of Colorado Law Review 471 (Summer, 1987) Law Review Articles and Other Secondary Sources   [T]he Court has not discovered or found the law in making today's decision, nor has it derived it from some irrefutable sources; what it has done is to make new law and new public policy in much the same way that it has in the course of interpreting other great clauses of the Constitution. This is what the Court historically has done. Indeed, it is... 1987
Mari J. Matsuda Looking to the Bottom: Critical Legal Studies and Reparations 22 Harvard Civil Rights-Civil Liberties Law Review 323 (Spring, 1987) Law Review Articles and Other Secondary Sources   When you are on trial for conspiracy to overthrow the government for teaching the deconstruction of law, your lawyer will want black people on your jury. Why? Because black jurors are more likely to understand what your lawyer will argue: that people in power sometimes abuse law to achieve their own ends, and that the prosecution's claim to neutral... 1987
Julia Lamber Observations on the Supreme Court's Recent Affirmative Action Cases 62 Indiana Law Journal 243 (Spring, 1986/1987) Law Review Articles and Other Secondary Sources   The 1985 term saw the United States Supreme Court decide more cases involving Title VII of the 1964 Civil Rights Act than it had since 1977. During that earlier term the Court: (1) first applied the disparate impact theory to sex discrimination claims; (2) rendered its only opinion on the scope of Title VII's bona fide occupational qualification... 1987
Detlev Vagts, John N. Hazard, Board of Editors Borba S Mezhdunarodnymi Prestupleniiami Protiv Mira I Bezopastnosti (The Struggle with International Crimes Against Peace and Security). By Iu. A. Reshetov. Moscow: Mezhdunarodnaia Otnosheniia, 1983. Pp. 223. 90 Kopecks. 80 American Journal of International Law 402 (April, 1986) Law Review Articles and Other Secondary Sources   Roberto Ago's International Law Commission draft on state responsibility has stimulated wide discussion of the need to divide international crimes into two categories determined by the level of danger each threatens. Iu. A. Reshetov's monograph adds to the debate a collection of his colleagues' and his own thoughts on the utility of such a division... 1986
Robert C. Palmer Conscience and the Law: the English Criminal Jury 84 Michigan Law Review 787 (February/April,) Law Review Articles and Other Secondary Sources   The criminal trial jury has played a central role in Anglo-American history both for the maintenance of order and in the constitutional limitation of governmental power. The jury is an occasion for familiarization of the citizenry with governmental processa process of co-optation and indoctrinationas well as a means of qualifying power by... 1986
  Douglas v. Newell 719 P.2d 971, Supreme Court of Wyoming. (5/16/1986) Cases As of January 6, 2020 case has not been reversed or overruled. Declaratory judgment action was brought for construction of will. The District Court, Goshen County, J.T. Langdon, J., entered judgment from which appeals were taken. The Supreme Court, Rooney, J., retired, held that: (1) specific devise of real estate to nieces and nephews prevailed over general devise of property to... 1986
Richard Epstein, Bruce Ackerman, Frank Michelman, Larry Alexander, Ellen Frankel Paul, Cass Sunstein, Margaret Jane Radin, Eric Mack, Jules Coleman, Thomas Grey, Steve Munzer, Bernard Siegan, Mark Kelman Proceedings of the Conference on Takings of Property and the Constitution 41 University of Miami Law Review 49 (November, 1986) Law Review Articles and Other Secondary Sources   RICHARD: I want to thank Larry for the opportunity to give people a chance to examine the book. What I'd like to do is to talk about some of the arguments made against the book to explain why I think in general that they are misguided, erroneous, and wrong. In doing so, I wish I could state the argument again with some sufficient fullness: to... 1986
Jeffrey O'Connell A 'Neo No-fault' Contract in Liew of Tort: Preaccident Guarantees of Postaccident Settlement Offers 73 California Law Review 898 (May, 1985) Law Review Articles and Other Secondary Sources   The present method of compensating accident victims is both wasteful and ineffectual. Litigation is staggeringly costly for litigants and for society as a whole. Nonetheless, each year the volume of litigation increases, leading to a clogged court system. It can often take several years to resolve a case, and accident victims are often desperately... 1985
Derrick Bell The Civil Rights Chronicles 99 Harvard Law Review Rev. 4 (November, 1985) Law Review Articles and Other Secondary Sources   A committee planning the bicentennial anniversary of the Constitution finished a long session reviewing the lives of the men who wrote and signed this nation's basic legal document. Later, the committee's lone minority group member told a wise friend of a recurring fantasy in which he is transported back through time to give the framers a preview... 1985
  Vulcan Pioneers, Inc. v. New Jersey Dept. Of Civil Service 588 F.Supp. 716, United States District Court, D. New Jersey. (5/3/1984) Cases As of January 6, 2020 case has been reversed or overruled. Reconsideration was sought of consent decree establishing an affirmative action plan. The District Court, Sarokin, J., held that: (1) adherence to strict contractual and statutory seniority requirements in determining which public employees would be laid off could not be permitted in light of consent decree establishing affirmative... 1984
Samuel Estreicher Congressional Power and Constitutional Rights: Reflections on Proposed 'Human Life' Legislation 68 Virginia Law Review 333 (February, 1982) Law Review Articles and Other Secondary Sources   I. THE HUMAN LIFE BILL. 337 A. The Argument. 338 B. Response to the Argument. 340 1. Attempts to Skirt the Issue. 340 a. Collateral Legislation'. 340 b. Opening a Dialogue with the Court'. 346 2. The Authoritative Character of Roe v. Wade. 346 a. Roe and its Progeny: Taking the Court at its Word. 347 b. Roe as a Judicial Unclogging of the... 1982
Benno C. Schmidt, Jr. Principle and Prejudice: the Supreme Court and Race in the Progressive Era. Part 1: the Heyday of Jim Crow 82 Columbia Law Review 444 (April, 1982) Law Review Articles and Other Secondary Sources   Herein lie buried many things which if read with patience may show the strange meaning of being black here at the dawning of the Twentieth Century. This meaning is not without interest . . . for the problem of the Twentieth Century is the problem of the color line. W.E.B. DuBois The Supreme Court's race relations decisions between 1910, when... 1982
Myrl L. Duncan The Future of Affirmative Action: a Jurisprudential/legal Critique 17 Harvard Civil Rights-Civil Liberties Law Review 503 (Summer, 1982) Law Review Articles and Other Secondary Sources   The ultimate objective of affirmative action is to bring about a society in which . . . persons will be regarded as persons and discrimination...will be an ugly feature of history that is instructive but that is behind us. While it is probably impossible to eliminate bigotry, affirmative action seeks to diminish its measurable effects.... 1982
  In the Matter of Anthony Luizzi CFTC No. 78-53 (1/27/1981) Administrative Decisions & Guidance     1981
  Anderson v. Stream 295 N.W.2d 595, Supreme Court of Minnesota. (7/3/1980) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. Parent brought action against neighbors for damages which resulted from child's injuries when one neighbor drove over child's leg as she was playing in common driveway. In second action guardian ad litem of minor brought action against father for injuries child sustained when child, who was walking across street, was struck by automobile as he... 1980
  Fullilove v. Klutznick 448 U.S. 448, Supreme Court of the United States (7/2/1980) Cases As of January 6, 2020 case has been reversed or overruled. Associations of construction contractors and subcontractors and others brought action seeking preliminary injunction to prevent enforcement of minority business enterprise provision of Public Works Employment Act of 1977. The United States District Court for the Southern District of New York, Henry F. Werker, J., 443 F.Supp.... 1980
  The Thirteenth Amendment and Private Affirmative Action 89 Yale Law Journal 399 (December, 1979) Law Review Articles and Other Secondary Sources   Two affirmative action cases in the last two years have dominated legal and public debate on a matter of profound social concern, but an important constitutional issue has not been squarely addressed: does Congress have power under the Thirteenth Amendment to proscribe private affirmative action programs? Even though the SupremeCourt recently ruled... 1979
  Regents of University of California v. Bakke 438 U.S. 265, Supreme Court of the United States (6/28/1978) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. White male whose application to state medical school was rejected brought action challenging legality of the school's special admissions program under which 16 of the 100 positions in the class were reserved for disadvantaged minority students. School cross-claimed for declaratory judgment that its program was... 1978
  Brief Amicus Curiae of the Law School Admission Council in Support of Petitioner the Regents of the University of California (6/7/1977) Briefs   The Law School Admission Council submits its brief, amicus curiae, with consent of the parties, to support the petitioner and to urge reversal of the judgment below, reported at 18 Cal.3d... 1977
  Brief Amicus Curiae of the Law School Admission Council in Support of Petitioner the Regents of the University of California (6/7/1977) Briefs   The Law School Admission Council submits its brief, amicus curiae, with consent of the parties, to support the petitioner and to urge reversal of the judgment below, reported at 18 Cal.3d... 1977
  Brief of an Amicus Curiae (7/29/1977) Briefs   FN* The Amicus wishes to thank Professor Thomas LeDuc of Oberlin College whose invaluable guidance and criticism made this brief possible. Also Casceil and Lin who offered such good advice.... 1977
  Brief of an Amicus Curiae For: Timothy J. Hoy. (7/29/1977) Briefs   FN* The Amicus wishes to thank Professor Thomas LeDuc of Oberlin College whose invaluable guidance and criticism made this brief possible. Also Casceil and Lin who offered such good advice.... 1977
  Brief of Howard University as Amicus Curiae (6/7/1977) Briefs   Howard University files this amicus brief, with the consent of both parties, in support of the position advanced by the Petitioner. Letters of consent have been filed with the Clerk of this... 1977
  Alevy v. Downstate Medical Center 39 N.Y.2d 326, Court of Appeals of New York. (4/8/1976) Cases As of January 6, 2020 case has not been reversed or overruled. Action was brought seeking order compelling medical school to provide plaintiff a place in its class of 19741975 on ground that the school denied him admission because minority students, presenting inferior credentials, were accepted and refusal to accept petitioner was arbitrary and capricious. The Supreme Court, Kings County, Special Term,... 1976
  Long Island Ins. Co. v. Frank 328 So.2d 542, District Court of Appeal of Florida, Third District. (3/17/1976) Cases As of January 6, 2020 case has not been reversed or overruled. Plaintiff brought derivative action against insurer to recover medical benefits for injuries his minor son sustained while operating motorcycle which collided with another motor vehicle. The Circuit Court, Dade County, Francis X. Knuck, J., entered judgment in favor of insurer, and plaintiff appealed. The District Court of Appeal, Nathan, J., held... 1976
  Camacho v. Allstate Ins. Co. 310 So.2d 330, District Court of Appeal of Florida, Third District. (4/8/1975) Cases As of January 6, 2020 case has not been reversed or overruled. Action was brought against insurer to collect personal injury protection benefits. The Circuit Court, Dade County, David Goodhart, J., rendered summary final judgment adverse to plaintiff who appealed. The District Court of Appeal, Nathan, J., held that commercial vehicle involved in accident with truck driven by plaintiff, who had personal injury... 1975
  Consolidated Brief for Turner Elkhorn Mining Company, et Al. (8/8/1975) Briefs   The opinion of the district court is reported at 385 F. Supp. 424; it is printed in the Jurisdictional Statement in Case No. 74-1302 at Appendix A, pp. 1A-13A, and in the Jurisdictional... 1975
  Deel Motors, Inc. v. Carrington 305 So.2d 811, District Court of Appeal of Florida, Third District. (12/10/1974) Cases As of January 6, 2020 case has not been reversed or overruled. Action was brought for damages sustained in a rear-end automobile collision. The Circuit Court, Dade County, Francis J. Christie, J., entered judgment for plaintiff, and defendant appealed. The District Court of Appeal, Green, Robert A., Jr., Associate Judge, held that new, unregistered, although otherwise registerable, station wagon which was... 1974
  Rodriguez v. American Airlines, Inc. 386 F.Supp. 78, United States District Court, D. Puerto Rico. (2/8/1974) Cases As of January 6, 2020 case has not been reversed or overruled. Diversity action was brought against airline which allegedly failed to deliver a six-year-old passenger at scheduled time. Defendant moved for summary judgment. The District Court, Toledo, C.J., held that doctrine of primary jurisdiction as applied to Civil Aeronautics Board did not bar district court from jurisdiction in such action, in which... 1974
Ewart Guinier The Case for Black Reparations. By Boris I. Bittker. New York: Random House, 1973. Pp. 191 (Including Two Appendices). $7.95 (Cloth-bound), $1.95 (Paperback) 82 Yale Law Journal 1719 (July, 1973) Law Review Articles and Other Secondary Sources   James Forman burst into the Riverside Church in New York City in 1969 and demanded that white churches, Jewish synagogues, and all other racist institutions pay reparations to blacks for the wrongs done by America to slaves and the children of slaves. Boris Bittker heard and listened, and was moved to write this book. The com pleat lawyer, he... 1973
Richard Young Compensatory Racial Reapportionment 25 Stanford Law Review 84 (November, 1972) Law Review Articles and Other Secondary Sources   The goals of the petitioners in Brown v. Board of Education and its progeny were to halt official discrimination and to insure that racial minorities received equal treatment. In recent years, however, it has been argued increasingly that an absolute rule mandating equal treatment will not lead to racial equality in fact. The failure of equal... 1972
Allan E. Korpela, LL.B. Fraud, Misrepresentation, or Deception as Estopping Reliance on Statute of Limitations 43 American Law Reports ALR3d 1972) Law Review Articles and Other Secondary Sources   This annotation collects those cases which discuss generally the availability to the plaintiff of the doctrine of equitable estoppel to deprive the defendant of the defense of the statute of limitations where the primary ground advanced in support of estoppel is that plaintiff was induced by fraudulent conduct, misrepresentation, or deception, on... 1972
Lino A. Graglia Special Admission of the "Culturally Deprived" to Law School 119 University of Pennsylvania Law Review 351 (December, 1970) Law Review Articles and Other Secondary Sources   In the past few years many law school faculties have adopted a policy of granting admissions to a limited number of applicants who do not meet the school's usual minimum standards. This policy is often described as applicable to the culturally deprived, but cultural deprivation is seldom defined and neither a cultural opportunity test nor an... 1970
Sam Dealey Monetary Recovery under Federal Transportation Statutes 45 Texas Law Review 984 (April, 1967) Law Review Articles and Other Secondary Sources   L1-5MONETARY RECOVERY UNDER FEDERAL TRANSPORTATION STATUTES 984 L2-5I. Personal Injury and Wrongful Death 984 L3-5A. The Federal Employers' Liability Act 984 L3-5B. The Jones Act 987 L3-5C. The Death on the High Seas Act 988 L3-5D. Common Elements of Injury 989 L4-5(1) Medical Costs 989 L4-5(2) Personal Damage 990 L4-5(3) Expectancy 991 L4-5(4)... 1967
Leonard S. Goodman Passports in Perspective 45 Texas Law Review 221 (December, 1966) Law Review Articles and Other Secondary Sources   The Supreme Court first addressed itself to passport problems in President Jackson's administration when it considered the passport to be in the character of a political document for the identification of the bearer. It was not until 1958 in Kent v. Dulles that the Court specifically recognized a right to travel or freedom of movement as a... 1966
  Barrett v. Matthews 138 So.2d 151, Court of Appeal of Louisiana, Second Circuit. (1/31/1962) Cases As of January 6, 2020 case has not been reversed or overruled. Action for injuries sustained by plaintiff when he was shot by the defendant. From a judgment rejecting his demands in the Eleventh Judicial District Court, Parish of De Soto, John S. Pickett, J., the plaintiff appealed. The Court of Appeal, Hardy, J., held that the evidence established that the shooting was unjustified and that plaintiff was... 1962
  State v. Maier 13 N.J. 235, Supreme Court of New Jersey. (6/25/1953) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. Prosecution of an accused for wilfully committing an assault and battery upon a named person by spitting upon the face and body of such person in violation of the Disorderly Persons Law. The Municipal Court of the City of Hoboken denied defendant's motion to dismiss the complaint and the Supreme Court granted defendant's petition for certification.... 1953
  Moore v. Atlantic Coast Line R. Co. 98 F.Supp. 375, United States District Court E.D. Pennsylvania. (6/26/1951) Cases As of January 6, 2020 has some negative history but has not been reversed or overruled. Action by Charles Moore against the Atlantic Coast Line Railroad Company and Pennsylvania Railroad Company for damages allegedly sustained when plaintiff was required to move from a coach restricted to white passengers to one restricted to colored persons. Both defendants moved to dismiss the complaint. The District Court, Grim, J., held that the... 1951
  Brief for Southern Railway Company (10/10/1949) Briefs   The opinion of the specially constituted three-judge United States District Court, for the District of Maryland, in Number 3829, Henderson v. United States of America, et al., appears in... 1949
  Henderson v. I. C. C. 80 F.Supp. 32, United States District Court D. Maryland. (9/25/1948) Cases As of January 6, 2020 case has been reversed or overruled. Action under Interstate Commerce Act, § 17(9), 49 U.S.C.A. § 17(9); 28 U.S.C.A. §§ 1336, 1398, 2284, 2321-2325, by Elmer W. Henderson against Interstate Commerce Commission and United States of America to set aside an order of the Commission with respect to dining car service on the Southern Railway, wherein the Southern Railway was granted leave... 1948
K. A. Drechsler Inadequacy of Legal Remedy as Basis for Equitable Relief from Levy of Execution 171 American Law Reports ALR 1947) Law Review Articles and Other Secondary Sources   It may be stated as a general principle that after a judgment at law has been obtained, equity will interfere by injunction to prevent its execution only if it appears that such execution would be against good conscience, right, and justice, or is issued for the purpose of vexation and injustice. Such relief will not be granted where an adequate... 1947
  Henderson v. U.s. 63 F.Supp. 906, District Court, D. Maryland. (12/17/1945) Cases As of January 6, 2020 case has not been reversed or overruled. Suit by Elmer W. Henderson against the United States of America and the Interstate Commerce Commission to set aside an order of the commission with respect to dining car service on the Southern Railway, which order, after finding that plaintiff had been discriminated against by railway's failure to furnish him with service equal to that furnished... 1945
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