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Full-Text Articles in Law
Slave Artists As Powerful Reality Creators: Taking Responsibility And Rejecting Race Consciousness, Kimberly L. Alderman
Slave Artists As Powerful Reality Creators: Taking Responsibility And Rejecting Race Consciousness, Kimberly L. Alderman
Kimberly L. Alderman
This article critiques the race conscious thinking inherent in Critical Race Theory (“CRT”) and offers an alternative to structuralism and determinism. It reviews the colonial origins of race consciousness, and argues that advocating race conscious remedies perpetuates the very racism CRT decries. The article focuses on powerful reality creators of the past to create a more empowering framework of individual responsibility and personal reality construction. The article makes a case study of David Drake, a slave potter from 1800s South Carolina. Slave artists like David Drake show us that, no matter how strong the forces of oppression, a marginalized individual …
Litigating The Meaning Of Emancipation: Reconstruction And Post Reconstruction Era Dilemmas Of Freed People And Property, Julie Novkov
Litigating The Meaning Of Emancipation: Reconstruction And Post Reconstruction Era Dilemmas Of Freed People And Property, Julie Novkov
Julie Novkov
This article explores how the southern courts managed the policy question of transferring property by bequest in the wake of the Civil War and emancipation. In the years when the infrastructure for Jim Crow was being assembled, many freedmen and freedwomen were able to gain access to property by bequest despite the system’s refusal to endorse broad based land reform. I argue, nonetheless, that these cases carried through a tradition of white patriarchal control of property, rather than heralding the uncertain dawn of a new era of racially egalitarian property rights.
Racial Adjudication, Andrew Carlon
Racial Adjudication, Andrew Carlon
Andrew Carlon
In oral arguments for the recent voluntary integration cases, Justice Kennedy raised for the first time a question about the limits of the Court's colorblind jurisprudence which has troubled legal scholars for the past decade: If we make no distinction between benign and discriminatory racial classifications, and none between facially race-neutral policies adopted with a racially discriminatory purpose and those where racial classifications are patent, then may we still take facially race-neutral measures to accomplish benign - but racial - goals? If using race to integrate and to segregate are the same, then why are race-neutral means to achieve each …