Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Law and Race (18)
- Civil Rights and Discrimination (17)
- Arts and Humanities (8)
- History (6)
- Law and Society (6)
-
- United States History (6)
- Constitutional Law (5)
- African American Studies (4)
- Race, Ethnicity and Post-Colonial Studies (4)
- Social and Behavioral Sciences (4)
- Criminal Law (3)
- Law and Politics (3)
- Legal History (3)
- Social History (3)
- Criminal Procedure (2)
- Cultural Heritage Law (2)
- Cultural History (2)
- Election Law (2)
- Immigration Law (2)
- Law and Gender (2)
- Legal Profession (2)
- Race and Ethnicity (2)
- Sociology (2)
- American Art and Architecture (1)
- American Politics (1)
- Commercial Law (1)
- Contracts (1)
- Criminology and Criminal Justice (1)
- Disability and Equity in Education (1)
- Institution
-
- George Washington University Law School (6)
- Boston University School of Law (5)
- University of Arkansas at Little Rock William H. Bowen School of Law (3)
- Roger Williams University (2)
- Saint Louis University School of Law (2)
-
- University of Miami Law School (2)
- Washington and Lee University School of Law (2)
- American University Washington College of Law (1)
- Cleveland State University (1)
- Columbia Law School (1)
- Gettysburg College (1)
- Nova Southeastern University (1)
- University of Baltimore Law (1)
- University of Colorado Law School (1)
- University of Maryland Francis King Carey School of Law (1)
- University of Massachusetts Boston (1)
- University of Nebraska - Lincoln (1)
- University of New Mexico (1)
- University of Pennsylvania Carey Law School (1)
- University of Richmond (1)
- University of San Diego (1)
- University of the District of Columbia School of Law (1)
- Vanderbilt University Law School (1)
- West Virginia University (1)
- Publication Year
- Publication
-
- Faculty Scholarship (12)
- GW Law Faculty Publications & Other Works (6)
- All Faculty Scholarship (4)
- Articles (2)
- Scholarly Articles (2)
-
- Articles in Law Reviews & Other Academic Journals (1)
- Civil War Institute Faculty Publications (1)
- Honors Theses (1)
- Journal Articles (1)
- Law Faculty Articles and Essays (1)
- Law Faculty Publications (1)
- Life of the Law School (1993- ) (1)
- Publications (1)
- School of Law Conferences, Lectures & Events (1)
- Studio for Law and Culture (1)
- Undefeated Exhibit Panels (1)
- Vanderbilt Law School Faculty Publications (1)
- William Monroe Trotter Institute Publications (1)
Articles 31 - 39 of 39
Full-Text Articles in Law
The Cul De Sac Of Race Preference Discourse, Christopher A. Bracey
The Cul De Sac Of Race Preference Discourse, Christopher A. Bracey
GW Law Faculty Publications & Other Works
Affirmative action policy remains a contentious issue in public debate despite public endorsement by America’s leading institutions and validation by the United States Supreme Court. But the decades old disagreement is mired in an unproductive rhetorical stalemate marked by entrenched ideology rather than healthy dialogue. Instead of evolving, racial dialogue about the relevance of race in university admissions and hiring decisions is trapped in a cycle of resentment.
In this article, I argue that the stagnation of race preference discourse arises because the basic rhetorical themes advanced by opponents have evolved little over 150 years since the racial reform efforts …
Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons
Corrective Justice, Equal Opportunity, And The Legacy Of Slavery And Jim Crow, David B. Lyons
Faculty Scholarship
Chattel slavery was a brutally cruel, repressive, and exploitative system of racial subjugation. When it was abolished, the former slaveholders owed the freedmen compensation for the terrible wrongs of enslavement. Ex-slaves sought reparations, especially in the form of land, but few received any sort of recompense. The wrongs they suffered were never repaired.
No one alive today can be held accountable for the wrongs of chattel slavery, and those who might now be called upon to pay reparations were not even born until many decades after slavery ended. For some scholars, the lack of accountable parties makes current reparations claims …
Reparations And Equal Opportunity, David B. Lyons
Reparations And Equal Opportunity, David B. Lyons
Faculty Scholarship
This paper offers a sympathetic interpretation of reparations claims made on behalf of African Americans and suggests how they could properly be honored. It reviews the federal government’s role in supporting racial subordination and its continuing failure to address the inequitable consequences, which public policy now largely ignores. It sketches a national rectification project, comprising a comprehensive set of public programs that would attack the persisting legacy of slavery and Jim Crow. The programs can be justified by the government’s duty to insure equal opportunity for our society’s children and, most urgently, by corrective justice, because the inequities are attributable …
Justice Advanced: Comments On William Nelson's Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
Justice Advanced: Comments On William Nelson's Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
GW Law Faculty Publications & Other Works
The Supreme Court’s landmark school desegregation decision in Brown v. Board of Educationbrings us face-to-face with how the world of race, law, caste, and the Supreme Court has changed since that time. Brown has contributed to a view that the courts are perhaps best equipped to handle the difficult issues. Whether that view will prove to be good law or good policy in the long run remains to be seen. Nonetheless, it does reflect the jurisprudential journey that took the Court from its previously indifferent position on minority rights towards that a protector of such rights. The evolution in …
Brown And The Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts, Robert J. Cottrol
Brown And The Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts, Robert J. Cottrol
GW Law Faculty Publications & Other Works
Brown v. Board of Education, the Supreme Court's celebrated 1954 decision that ended segregation in the United States, did not end a caste based inequality among the races. One of the nations currently struggling with such a legacy of discrimination is Brazil. Brazil's path to overcome structural inequality has some interesting parallels and differences with the American experience.
Writings by Brazilian legal scholars such as Joaquim B. Barbosa Gomes and Hedio Silva Jr. had bolstered the thought that the American civil rights experience has lessons for Brazil. This experience, which was greatly shaped by Brown, contributed to the growth …
Justice Advanced: Comments On William Nelson’S Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
Justice Advanced: Comments On William Nelson’S Brown V. Board Of Education And The Jurisprudence Of Legal Realism, Robert J. Cottrol
GW Law Faculty Publications & Other Works
The Supreme Court’s landmark school desegregation decision in Brown v. Board of Education brings us face-to-face with how the world of race, law, caste, and the Supreme Court has changed since that time. Brown has contributed to a view that the courts are perhaps best equipped to handle the difficult issues. Whether that view will prove to be good law or good policy in the long run remains to be seen. Nonetheless, it does reflect the jurisprudential journey that took the Court from its previously indifferent position on minority rights towards that a protector of such rights.
The evolution in …
Brown And The Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts, Robert J. Cottrol
Brown And The Contemporary Brazilian Struggle Against Racial Inequality: Some Preliminary Comparative Thoughts, Robert J. Cottrol
GW Law Faculty Publications & Other Works
Brown v. Board of Education, the Supreme Court's celebrated 1954 decision that ended segregation in the United States, did not end a caste based inequality among the races. One of the nations currently struggling with such a legacy of discrimination is Brazil. Brazil's path to overcome structural inequality has some interesting parallels and differences with the American experience.
Writings by Brazilian legal scholars such as Joaquim B. Barbosa Gomes and Hedio Silva Jr. had bolstered the thought that the American civil rights experience has lessons for Brazil. This experience, which was greatly shaped by Brown, contributed to the growth of …
Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax
Wielding The Double-Edge Sword: Charles Hamilton Houston And Judicial Activism In The Age Of Legal Realism, Roger Fairfax
Articles in Law Reviews & Other Academic Journals
A new progressive movement in the law profoundly affected the American judicial climate of the 1930s and 1940s. The jurisprudence of American Legal Realism, which sprang from the progressive American sociological jurisprudence, boasted the adherence of some of America's most influential legal minds. Legal Realism, which complemented the New Deal reform legislation emerging in the 1930s, advocated judicial deference to legislative and administrative channels on matters of social and economic policy. Judicial activism, which had been used as a tool for the protection of economic rights since the late nineteenth century, was seen as inimical to progressive social reform and, …
Race And Political Empowerment: The Crisis Of Black Leadership, William E. Nelson Jr.
Race And Political Empowerment: The Crisis Of Black Leadership, William E. Nelson Jr.
William Monroe Trotter Institute Publications
W.E.B. Du Bois demonstrated poignant insight into the character of American society when he predicted in 1901 that the fundamental problem of the 20th Century would be the problem of the color line. Du Bois was writing in the aftermath of the first reconstruction that saw the institutionalization of Jim Crow and white dominance across the South. This period was symbolized by the infamous Plessy v. Ferguson decision in 1896. It was also marked by the capitulation of white Republican custodians of Reconstruction to the racist demands of southern politics, including the massive ejection of Black politicians from public office, …