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Full-Text Articles in Law
Resistance Proceduralism: A Prologue To Theorizing Procedural Subordination, Portia Pedro
Resistance Proceduralism: A Prologue To Theorizing Procedural Subordination, Portia Pedro
Washington and Lee Law Review
Several legal scholars have discussed the role of slavery within their own family histories and a growing number of scholars are exploring the successes and strategies of lawyers and Black litigants in freedom suits and other litigation in the United States antebellum South. I build on these literatures with a focus on procedure. In this Article, I analyze procedures involved in a few of my ancestral and personal experiences. Some of the experiences with process involved litigation to be free from slavery while other experiences did not explicitly involve any law. But they all involved process.
Engaging in this practice—marshaling …
Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Higher Education Redress Statutes: A Critical Analysis Of States’ Reparations In Higher Education, Christopher L. Mathis
Washington and Lee Law Review
This Article introduces a novel concept, higher education redress statutes (“HERS”), to illustrate efforts that acknowledge and amend past wrongs towards African Americans. More proximally, the Article shines a probing light on the escalation of HERS in southeastern states that serve as a site for state regulation and monitoring. The Author exposes how higher education redress statutes, designed to provide relief or remedy to Black people for states’ higher education’s harm, categorically ignore groups of Black people who rightfully should also be members of the statutorily protected class. This Article queries whether legislators can expand the scope of such statutes …
A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams
A Name Change May Be A Start, But It Is Not Enough, Leah D. Williams
Washington and Lee Law Review Online
Since the broadcast killing of George Floyd by four Minneapolis police officers on May 25, all levels of government, and institutions of every kind, have scrambled with breakneck speed to confront their own ties to America’s most deeply entrenched demons: White supremacy and systematic racism. Washington and Lee has certainly not been exempt from this reckoning. A majority of its faculty and student body have already passed resolutions calling for the removal of Robert E. Lee’s name from the university. As a direct descendent of those enslaved by the school, I commend these resolutions; yet, I strongly offer that a …
White Saviors, Brandon Hasbrouck
White Saviors, Brandon Hasbrouck
Washington and Lee Law Review Online
It is time for Washington and Lee University to drop both George Washington and Robert E. Lee from the University name. The predominantly White faculty at Washington and Lee recently announced that it will petition the Board of Trustees to remove Lee from the University name. This is the first time in Washington and Lee’s history that the faculty has drafted such a petition. It is worth exploring why the faculty has decided to make a collective statement on Lee now and why the faculty has not included a demand to drop Washington in their petition. The answer is simple—it …
Paper Daughters, Nancy K. Ota
Paper Daughters, Nancy K. Ota
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Better Late Than Never: A Takings Clause Solution To Reparations, Yanessa L. Barnard
Better Late Than Never: A Takings Clause Solution To Reparations, Yanessa L. Barnard
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt
Tribes And Tribulations: Beyond Sovereign Immunity And Toward Reparation And Reconciliation For The Estelusti, Carla D. Pratt
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel
Give Them Their Due: An African-American Reparations Program Based On The Native American Federal Aid Model, Mishael A. Danielson, Alexis Pimentel
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Editor's Note, Melanie M. Lee
Editor's Note, Melanie M. Lee
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Un/Re/Dis Covering Slave Breeding In Thirteenth Amendment Jurisprudence, Pamela D. Bridgewater
Un/Re/Dis Covering Slave Breeding In Thirteenth Amendment Jurisprudence, Pamela D. Bridgewater
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee
Defining The Agenda: A New Struggle For African-American Women In The Fight For Reproductive Self-Determination, Melanie M. Lee
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese
Slavery, Economic Development And The Law: The Dilemma Of The Southern Political Economists, 1800-1860, Eugene D. Genovese, Elizabeth Fox-Genovese
Washington and Lee Law Review
No abstract provided.