AuthorTitleCitationDocument TypeCase StatusSummaryYearRelevancy
Frank C. Newman United Nations Human Rights Covenants and the United States Government: Diluted Promises, Foreseeable Futures 42 DePaul Law Review 1241 (Summer, 1993) Law Review Articles and Other Secondary Sources   Regarding Civil and Political Rights, [t]he Covenant . . . codifies the essential freedoms people must enjoy in a democratic society, such as the right to vote, freedom of peaceful assembly, equal protection of the law, the rights to liberty and security, and freedom of opinion and expression, wrote President Bush on August 8, 1991 to Clairborne... 1993  
George Rutherglen Abolition in a Different Voice 78 Virginia Law Review 1463 (September, 1992) Law Review Articles and Other Secondary Sources   Forbidden Grounds, by Professor Richard Epstein, is the latest and perhaps the most controversial of his many works expounding a comprehensive libertarian critique of American law. Epstein has argued tirelessly, and often brilliantly, for a libertarian approach to an ever-expanding range of legal issues, from tort law to takings to legal theory. In... 1992  
Stephen A. Plass Bedrock Principles, Elusive Construction, and the Future of Equal Employment Laws 21 Hofstra Law Review 313 (Winter, 1992) Law Review Articles and Other Secondary Sources   Introduction. 314 I. Title VIIOriginal Legislation and Construction. 318 A. Legislative Limitations of Title VII. 318 B. Recent Court-Imposed Limitations. 320 1. The Causation and Same Decision Test. 320 2. Facially Neutral Policies and the Statute of LimitationsThe Clairvoyant Employee Problem. 323 3. Tougher Disparate Impact Burdens. 326 4.... 1992  
Samuel Issacharoff Contractual Liberties in Discriminatory Markets 70 Texas Law Review 1219 (April, 1992) Law Review Articles and Other Secondary Sources   Richard Epstein is among the most engaging and annoying of American legal academics. Beginning with a strongly articulated set of libertarian beliefs, Epstein sets out in a variety of areas to challenge the central premise of post-New Deal legal reforms: that the law is an appropriate avenue for social restructuring and an agency for achieving... 1992  
John O. Calmore Cricical Race Theory, Archie Shepp, and Fire Music: Securing an Authentic Intellectual Life in a Multicultural World 65 Southern California Law Review 2129 (July, 1992) Law Review Articles and Other Secondary Sources   If you ever find yourself, some where lost and surrounded by enemies who won't let you speak in your own language who destroy your statues & instruments, who ban your omm bomm ba boom then you are in trouble they ban your oom boom ba boom you in deep deep trouble humph! probably take you several hundred years to get out! Amiri Baraka This Article... 1992  
Mary C. Daly Rebuilding the City of Richmond: Congress's Power to Authorize the States to Implement Race-conscious Affirmative Action Plans 33 Boston College Law Review 903 (September, 1992) Law Review Articles and Other Secondary Sources   Introduction I. Defining Equality: Equal Access or Equal Achievement? A. Origin of the Controversy B. The Equal Access/Equal Achievement Debate C. Equal Achievement: The Preferred Construct in the Marketplace II. How the Court's Selection of the Standard of Review in Government Action Cases Reflects Its Vacillation Between the Equal Access/Equal... 1992  
T. Alexander Aleinikoff A Case for Race-consciousness 91 Columbia Law Review 1060 (June, 1991) Law Review Articles and Other Secondary Sources   I believe that [whites] today, raised white in a racist society, are often ridden with white solipsism--not the consciously held belief that one race is inherently superior to all others, but a tunnel-vision which simply does not see nonwhite experience or existence as precious or significant, unless in spasmodic, impotent guilt-reflexes, which... 1991  
M. Cherif Bassiouni Enslavement as an International Crime 23 New York University Journal of International Law & Politics 445 (Winter, 1991) Law Review Articles and Other Secondary Sources   It is well-established that prohibitions against slavery and slave-related practices have achieved the level of customary international law and have attained jus cogens status. An array of conventions and treaties, both multilateral and bilateral in nature, contain these prohibitions and proscribe such practices in times of war and during peace.... 1991  
Johnny C. Parker Equal Protection minus Strict Scrutiny plus Benign Classification Equals What? Equality of Opportunity 11 Pace Law Review 213 (Winter, 1991) Law Review Articles and Other Secondary Sources   Since the signing of the Declaration of Independence no social issue has caused more concern and controversy than that of race. Voluminous studies document the sociological and economic impact which ethnic and racial prejudices have played in the history of this country. While most ethnic groups, to varying degrees, have assimilated into the... 1991  
Lance S. Hamilton Ethnomiseducationalization: a Legal Challenge 100 Yale Law Journal 1815 (April, 1991) Law Review Articles and Other Secondary Sources   My client is a Black American male and the parent of several young Black American sons, one of whom is attending his first year at University X (Univ. X), a well-respected institution in the Commonwealth of Pennsylvania. Black Parent (BLP) has come for advice and legal guidance. The most prestigious colleges and universities in the country... 1991  
Lani Guinier No Two Seats: the Elusive Quest for Political Equality 77 Virginia Law Review 1413 (November, 1991) Law Review Articles and Other Secondary Sources   INTRODUCTION I. THE CONVENTIONAL VOTING RIGHTS LITIGATION MODEL A. The Political Equality and Political Empowerment Norms B. Dilution as Geographic Submergence C. The Remedy for Dilution D. The Districting Rationale as an Empowerment Theory II. THE IMPLICATIONS OF SINGLE-MEMBER DISTRICTING FOR BLACK POLITICAL INFLUENCE AND PARTICIPATION A. The... 1991  
David Rosenberg Racist Speech, the First Amendment, and Public Universities: Taking a Stand on Neutrality 76 Cornell Law Review 549 (January, 1991) Law Review Articles and Other Secondary Sources   It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. Malcolm X used to talk about the need for young people to learn how language works, how to dissect it, how to use it as both a shield and a sword. Above all he thought, blacks should not be fearful of... 1991  
Cheryl E. Amana Recruitment and Retention of the African American Law Student 19 North Carolina Central Law Journal 207 (1991) Law Review Articles and Other Secondary Sources   We need not let color blindness become myopia which masks the reality that many created equal have been treated within our lifetimes as inferior both by the law and by their fellow citizens. In 1869, George Lewis Ruffin became the first African American to graduate from an American law school. Even with this relatively early entrance, compared... 1991  
David C. Williams The Borders of the Equal Protection Clause: Indians as Peoples 38 UCLA Law Review 759 (April, 1991) Law Review Articles and Other Secondary Sources   In the Pacific Northwest, a relatively liberal area, apparently law-abiding citizens paste bumper stickers on their cars proclaiming, Save a salmon; can an Indian. This behavior seems to reflect an open and virulent racial hostility similar to the Southern reaction to the civil rights movement. The law, one might suppose, should set its face... 1991  
James Gray Pope The past of Labor Law-and its Future 39 UCLA Law Review 481 (December, 1991) Law Review Articles and Other Secondary Sources   I. Forbath's Account. 482 A. How Judges Altered Labor's Strategic Calculus. 483 B. How Judges Shaped Labor's Consciousness. 486 C. How Labor Fought Back. 488 II. Critique. 489 A. Wouldn't Conservative Voluntarism Have Prevailed Even Without Judicial Intervention?. 490 B. Did Legal Discourse Really Alter Labor's Consciousness?. 493 C. Was Labor's... 1991  
Lani Guinier The Triumph of Tokenism: the Voting Rights Act and the Theory of Black Electoral Success 89 Michigan Law Review 1077 (March, 1991) Law Review Articles and Other Secondary Sources   I. THE ROOTS OF BLACK ELECTORAL SUCCESS THEORY A. The Civil Rights Movement's Theory of Political Participation 1. Political Participation: Mobilizing the Black Community 2. Political Participation: Promoting a Social and Economic Agenda 3. Political Participation: Electing Responsive Officials B. The Evolution of a Legal Strategy of Political... 1991  
Leland B. Ware A Remedy for the "Extreme Case:" the Status of Affirmative Action after Croson 55 Missouri Law Review 631 (Summer, 1990) Law Review Articles and Other Secondary Sources   After the Supreme Court decided City of Richmond v. J.A. Croson Co., a commentator responded with the following analogy: The White Team and the Black Team are playing the last football game of the season. The White Team owns the stadium, owns the referees and has been allowed to field nine times as many players. For almost four quarters, the White... 1990  
Douglas L. Colbert Challenging the Challenge: Thirteenth Amendment as a Prohibition Against the Racial Use of Peremptory Challenges 76 Cornell Law Review Rev. 1 (November, 1990) Law Review Articles and Other Secondary Sources   Introduction I. Origin and Purpose of the Peremptory Challenge II. Colonial and Post-Revolutionary Laws: Fixing a [S]tigma of the Deepest Degradation . . . Upon the Whole %A[African-American] Race 'B A. Southern Colonial Justice for the African-American Defendant B. Southern Colonial Justice for the African-American Complainant C.... 1990  
Gary Peller Race Consciousness 1990 Duke Law Journal 758 (September, 1990) Law Review Articles and Other Secondary Sources   The entire civil rights struggle needs a new interpretation, a broader interpretation. We need to look at this civil rights thing from another anglefrom the inside as well as from the outside. To those of us whose philosophy is black nationalism, the only way you can get involved in the civil rights struggle is to give it a new interpretation. The... 1990  
Leslie McKnight Yates , Reporter The Appropriateness of Continuing International Sanctions Against South Africa 84 American Society of International Law Proceedings 307 (March 28-31,) Law Review Articles and Other Secondary Sources   The panel was convened by its Chair, Goler T. Butcher, at 2:30 p.m., March 30, 1990. 1990  
  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  
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  
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  
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  
  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  
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  
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  
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