Law and Race Commons^™

Bondage, Freedom & The Constitution, Eric Foner

Cardozo Law Review

Linking the papers on this most interesting panel are questions that center on the meaning of freedom. What is freedom? Who has the power to define what freedom is? What are the consequences of slavery and its abolition for Americans' understandings of freedom? In one way or another, these papers, as well as many others in this conference, illuminate these questions.

The Fifteenth Amendment And "Political Rights", Akhil Reed Amar

Cardozo Law Review

Professor Xi Wang has offered us an altogether exemplary paper on black suffrage. Rather than trying to criticize it, I shall attempt to extend it by picking up where he left off. My main text is the Fifteenth Amendment. I would like to suggest that the best interpretation of the Fifteenth Amendment would read it as encompassing a cluster of political rights; the Amendment protects not only the right to vote, but also the right to hold office, the right to be voted for, the right to vote in a legislature, the right to serve on a jury, and even …

Black Suffrage And The Redefinition Of American Freedom, 1860-1870, Xi Wang

Cardozo Law Review

One of the most important outcomes of the Civil War was the establishment of a new constitutional order. Under this new order, African Americans, a people whose essential human rights had been denied under the old constitutional order, were constitutionally emancipated from slavery and recognized as American citizens. They received the privileges and immunities that white Americans had automatically assumed. Male black Americans also received the right to vote. This new order, as embraced by the Thirteenth, Fourteenth, and Fifteenth Amendments to the Constitution, was a truly remarkable achievement of Reconstruction. What is additionally significant is that these Amendments became …

Comments On James Oakes, “The Compromising Expedient”, Robert A. Burt

Cardozo Law Review

Professor Oakes's excellent paper convincingly characterizes the 1787 Constitution as a reactionary abandonment of the antislavery ethos of the 1776 Revolution that had appeared to set the new country on a course toward the abolition of slavery. "What," he asks, "accounts for the Constitution's failure to promote the cause already pushed so far by the Revolution?" If we could answer this question, we might not only explain the reactionary falling away from the Revolution, but also shed light on the historically parallel phenomena that Oakes identifies at the end of his paper-the abandonment of the emancipatory impulse from the Civil …

The Unconscious And The Law The Law And The Unconscious, Jorge Degregorio

Cardozo Law Review

The god Apollo, whose diverse gifts included the ability to interpret dreams, was recognized as the first author of the law, which was dictated through his oracle in Delphi. For his sacred person, dreams were laws and laws, dreams. Let us invent a story in order to fill in the missing pages of the myth:

Laws, as well as the power to decipher the soul's mysteries from dreams, were bestowed upon the Androgyns by the god. Once they acquired the power of law and of dream interpretation, they attempted to scale Olympus and sit on the gods' stage. Zeus, presiding …

Readings By Our Unitary Executive, Lawrence Lessig

Cardozo Law Review

No abstract provided.

The 1990 New York City Districting Commission: Renewed Opportunity For Participation In Local Government Or Race-Based Gerrymandering?, Frank J. Macchiarola, Joseph G. Diaz

Cardozo Law Review

No abstract provided.

The Representation Of Minority Interests: The Question Of Single-Member Districts, Lani Guinier

Cardozo Law Review

No abstract provided.

Would Vince Lombardi Have Been Right If He Had Said: “When It Comes To Redistricting, Race Isn’T Everything, It’S The Only Thing”?, Bernard Grofman

Cardozo Law Review

No abstract provided.

The Multicultural Self, M. M. Slaughter

Cardozo Law Review

No abstract provided.

A Curious Document Recently Discovered In The Archives, Peter Tillers

Cardozo Law Review

The document reproduced below, which appears to be a letter written by Peter Pilgrim to "Lash, " was recently discovered in the archives of the library of the Benjamin N. Cardozo School of Law. Peter Pilgrim is the late Doctor of Facts at Cardozo. "Lash" is probably L.H. LaRue, Story Professor of Law at Washli University. Professor LaRue is also known as the Delphic Oracle of Lex, possibly because no one knows for sure what the letters "L.H." represent. The annotations to the text of the putative letter appear to be a mixture of notes by its author and comments …

Deconstruction And Cultural Criticism, J. Hillis Miller

Cardozo Law Review

No abstract provided.

On The Critical Tribunal, Stephen Watson

Cardozo Law Review

No abstract provided.

Algorithmic Justice, Alan Wolfe

Cardozo Law Review

No abstract provided.

On Hegel, On Slavery, But Not On My Head!, Guyora Binder

Cardozo Law Review

No abstract provided.

The Proper Role For Antitrust In A Not-Yet-Global Economy, Donald I. Baker

Cardozo Law Review

No abstract provided.

The Legality Of Race-Conscious Access Quotas Under The Fair Housing Act Of 1968, Marc A. Kushner

Cardozo Law Review

No abstract provided.

Freedom Of Speech And Racism, David Kretzmer

Cardozo Law Review

No abstract provided.

Anti-Professionalism, Stanley Fish

Cardozo Law Review

No abstract provided.

Psycho-Social Cls: A Comment On The Cardozo Symposium, Duncan Kennedy

Cardozo Law Review

No abstract provided.

Affirmative Action And The Harvard College Diversity-Discretion Model: Paradigm Or Pretext?, Alan M. Dershowitz, Laura Hanft

Cardozo Law Review

No abstract provided.