Law Commons^™

Nurturing In The Service Of White Culture: Racial Subordination, Gestational Surrogacy, And The Ideology Of Motherhood, April L. Cherry

Law Faculty Articles and Essays

I approach the question of race, motherhood, and gestational surrogacy, by looking at courts' opinions in the case of Johnson v. Calvert and the racialized institution of motherhood. In the next section, I discuss motherhood as a social institution. I contrast some of the radical feminist critiques of motherhood, which recognize motherhood as institutionalized and compulsory, with Black feminist criticism, which understands motherhood as a site of power for African-American women. In Section III, I discuss the current popular understanding of the cultural and legal dictates of institutionalized motherhood from a historical perspective, focusing on the late eighteenth and early …

Federalism, Preclearance, And The Rehnquist Court, Ellen D. Katz

Articles

Lopez v. Monterey County is an odd decision. Justice O'Connor's majority opinion easily upholds the constitutionality of a broad construction of section 5 of the Voting Rights Act (VRA) in language reminiscent of the Warren Court. Acknowledging the "substantial 'federalism costs" resulting from the VRA's "federal intrusion into sensitive areas of state and local policymaking," Lopez recognizes that the Reconstruction Amendments "contemplate" this encroachment into realms "traditionally reserved to the States." Justice O'Connor affirms as constitutionally permissible the infringement that the section 5 preclearance process "by its nature" effects on state sovereignty, and applies section 5 broadly, holding the statute …

Middle-Class Black Suburbs And The State Of Integration: A Post-Integrationist Vision For Metropolitan America, Sheryll Cashin

Georgetown Law Faculty Publications and Other Works

Despite the gradual move towards integration in the United States, segregated communities, divided along socio-economic and racial lines, continue to exist, and indeed have taken on new forms. Given the choice between racial segregation and integration as minority members of a community, some middle-class African Americans have chosen to create their own communities, thus forming the modern day middle-class black suburb. Now, majority African-American suburbs rest adjacent to majority-white suburbs, but the segregated communities share little but the town line.

In this Article, Professor Cashin addresses the timely and difficult question of whether the middle-class black suburb is a new …