Legal Profession Commons^™

Beyond "Sellouts" And "Race Cards": Black Attorneys And The Straitjacket Of Legal Practice, Margaret M. Russell

Michigan Law Review

For attorneys of color, the concept of "representing race" within the context of everyday legal practice is neither new nor voluntarily learned; at a basic level, it is what we do whenever we enter a courtroom or conference room in the predominantly white legal system of this country.

Straightjacketing Professionalism: A Comment On Russell, David B. Wilkins

Michigan Law Review

Professor Russell's essay sounds a much needed cautionary note about the public's characterization of Christopher Darden and Johnnie Cochran both during and after the spectacle of O.J. Simpson's criminal trial. Russell cogently argues that Darden and Cochran's choices, as well as those of other black lawyers confronting similar problems, must be evaluated against the backdrop of racism that devalues and constrains the lives of African Americans in general and African-American lawyers in particular. Black lawyers, Russell insists, not only face "glass ceilings" inhibiting their advancement, but must also live inside "glass bubble[s] ... that severely circumscribe[ ] the flexibility and …

The Underrepresentation Of Minorities In The Legal Profession: A Critical Race Theorist's Perspective, Alex M. Johnson Jr.

Michigan Law Review

Over the last four years, I have taught a course in Critical Race Theory at the University of Virginia School of Law three times. Although each course is different, given the interplay between the teacher and the students and the integration of new developments into the course, there has been one constant subject that the students and I address: Of what import is the development of Critical Race Theory for the legal profession and larger society? Can Critical Race Theory have a positive or any effect for those outside legal academia? This article represents an attempt to explore that question …

Rodrigo's Thirteenth Chronicle: Legal Formalism And Law's Discontents, Richard Delgado

Michigan Law Review

Professor! You're back! Rodrigo leaped to his feet and shook my hand fervently. "I heard a rumor you might be coming. What good news! Sit down. Did the authorities give you any trouble?"

Moving Ground, Breaking Traditions: Tasha's Chronicle, Angela I. Onwuachi-Willig

Michigan Journal of Race and Law

This Note uses a fictional dialogue to analyze and engage issues concerning stereotypes, stigmas, and affirmative action. It also highlights the importance of role models for students of color and the disparate hiring practices of law firms and legal employers through the conversations and thoughts of its main character, Tasha Crenshaw.

The Constitution And Racial Preference In Law School Admissions, Robert A. Sedler

Law Faculty Research Publications

No abstract provided.

Dream Makers: Black Judges On Justice, Julian Abele Cook Jr.

Michigan Law Review

A Review of Linn Washington, Black Judges on Justice

Regulatory Sins Versus Market Legacies: A Short Reply To Mr. Leech, 29 J. Marshall L. Rev. 617 (1996), Richard A. Epstein

UIC Law Review

No abstract provided.

Defending Racial Violence, Anthony V. Alfieri

Articles

No abstract provided.

Power From The People, Milner S. Ball

Michigan Law Review

A Review of Rebellious Lawyering: One Chicano's Vision of Progressive Law Practice by Gerald P. López

Counseling A Victim Of Racial Discrimination In A Fair Housing Case, 26 J. Marshall L. Rev. 53 (1992), Michael P. Seng, Jay Einhorn, Merilyn D. Brown

UIC Law Review

No abstract provided.

One Judge's Battle Against The New York City Judicial Establishment, Percy R. Luney Jr.

North Carolina Central Law Review

No abstract provided.

Justice Potter Stewart, Vincent L. Broderick

North Carolina Central Law Review

No abstract provided.

What Does Bakke Require Of Law Schools? The Salt Board Of Governors Statement, Howard Lesnick

Statements

In 1979, Professor Lesnick wrote a statement for the Board of Governors of the Society of American Law Teachers after the Supreme Court's decision in University of California v. Bakke, 438 U.S. 265 (1978). The question addressed in the statement is: What changes (if any) in minority-admissions programs are university law schools now obligated to make to comply with the Supreme Court's decision in Bakke?

Roe V. Wade, 410 U.S. 113 (1973)

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

A pregnant single woman brought a class action suit challenging the constitutionality of the Texas criminal abortion laws, which proscribed procuring or attempting an abortion except on medical advice for the purpose of saving the mother's life. The Court held that a woman's right to an abortion fell within the right to privacy protected by the Fourteenth Amendment.

Reflections From The National Bar Association - 1971, Alfred T. Lile

North Carolina Central Law Review

No abstract provided.

A New Role For The Black Law Graduate--A Reality Or An Illusion, Harry T. Edwards

Michigan Law Review

It is not really surprising that so much attention has recently been given to the gross disparity in White v. Black participation in the legal profession. Indeed, the question of quality participation by Black lawyers is an irrelevant consideration until there is a real commitment to give Blacks equal access to the formerly all-white legal educational institutions. In examining the nature of this heretofore obvious (but only recently acknowledged) problem of Black underrepresentation within our society? (3) What must be done by the legal profession not only to alleviate the negative impact of such a shortage, but also to enhance …

Consult Primary Authorities--Step Three In The Research Process

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The next likely step would have been to look up the statutes and the case that were listed in Florida Law and Practice to find additional information.To find both the statute and corresponding annotations, the student would have used the Florida Statutes Annotated. Since they found the citations for the statute in Florida Law and Practice, there is no need to use the index and the student would go directly to the volume of the set that contained the statute and annotations. At the time, F.S. § 782.10 held that intentionally causing a woman to miscarry would carry …

Conclusion And Fast Forward

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

After analyzing statutes and case law information on abortion in Florida, the student could conclude and state that offering to help a woman obtain an abortion was illegal in the 1960’s and, if a miscarriage subsequently occurred due to aid provided, the person who helped obtain the abortion could be convicted of 3rd degree manslaughter.

In 1973, the Supreme Court case of Roe v. Wade established that women had the right to seek an abortion and that states had to balance their ability to regulate health against a woman’s health care decision power and the potentiality of human life. 410 …

Research Strategy And Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The first step in any research process is to create a research strategy and organize your plan. The first step in most legal research is the use of secondary sources in order to gain an overview of a legal issue and to find cases and statutes that discuss the topic. A possible source about the state of the law in Florida on the topic of abortion was Florida Law and Practice.

Historical Research Project On Abortion

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

This document represents an historical research project, from start to finish, as it would have been accomplished during the time Virgil Hawkins was fighting to gain entry into the University of Florida law school. The student would have used print resources to resolve this legal question regarding abortion, a topic about which the law has changed significantly since the time this research would have been performed.

Secondary Sources--Step One In The Research Process

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The first step in most legal research is to start with secondary sources to gain an overview of a legal issue and to find cases and statutes that discuss the topic. Secondary sources are statements or texts written about the law. A source that was available in the FAMU law library and could have been used to find information about the state of the law in Florida on the topic of abortion was Florida Law and Practice. To find information in Florida Law and Practice, the student would have used the title’s index and looked up the search …

Updating Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

In order to be certain the law that forms the basis of a legal argument or theory is current, it is crucial to update your research. Different resources use different methods, but a common method for treatises is the pocket part, an insert at the back of a book that contains information from after the date the book was published. Consequently, after reading the relevant entries in the main text of the treatise, the student would have looked at the pocket part to determine if there were any new cases or statutory changes that applied.

Review Resources--Step Two In The Research Process

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

After finding the entry for abortion in the index, the student would then have gone to the volume and page indicated by the index to read the information provided. Studying the information contained in the entries, the student would have taken notes about statutes and cases that would be used to craft a legal analysis. The statutes on point that are listed by the treatise's entry are Florida Statutes § 782.10 and Florida Statutes § 797.01. The entry also names Eggart v. State as a case that discusses when an individual could be charged with a crime for assisting a …

Florida Law And Practice

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

This compendium of Florida law is based on State and Federal decisions arising from Florida Statutes. It is an up to the minute encyclopedia of Florida law and procedure, edited by an exceptionally well qualified and experienced group of Florida lawyers and teachers, who have helped make Florida Law. The text is keyed to Florida publications, practice books and Florida digests.

This document contains limited excerpts from Volume One that apply to the research problem.

Updating Resources

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

Next, the student would check the pocket part to the volume of the Florida Statutes Annotated that they were using for entries on both F.S. § 782.10 and F.S. § 797.01, thereby ensuring that they were seeing the most current information

Florida Statutes Annotated

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The Attorney General of Florida, pursuant to the legislative mandate expressed in the Act approved May 25, 1939, Laws 1939, c. 19140, has prepared a "revision, compilation and consolidation of all the General Statutes of Florida in force, of a permanent nature" which, by Act approved June 6, 1941, Laws 1941, c. 20719, except as otherwise provided therein, was "adopted and enacted as statute law" under the title of Florida Statutes 1941.

Consult Primary Authorities--Step Three In The Research Process--Case Law

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

The student would also use case law to learn about Florida’s treatment of abortion laws. To read Eggart v. State, using the citation provided by Florida Law and Practice, the student would have gone to volume 25 of the Southern Reporter and opened it to page 527. From the case, they would learn the history of Florida’s antiabortion statute and how it could be used to convict, of manslaughter, anyone who set out to cause a woman to miscarry. The first page of the Eggart case is to the left; the entire case can be found by scrolling …

Florida Reports

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

Some states have official and unofficial case reporter systems. Florida Reports was the official case reporter series that reported the decisions of the Florida Supreme Court from 1846 through 1948 in 160 volumes. When an official reporter exists court rules often require citation to both the official and unofficial reporter.

The Southern Reporter

Research in Virgil Hawkins' World of Print--Historical Print Research Project No. 1: Abortion

Some states have official and unofficial case reporter systems. When an official reporter exists court rules often require citation to both the official and unofficial reporter. The Southern Reporter is the unofficial, regional, reporter series that reports the decisions of the Supreme Courts in Alabama, Louisiana, Florida, and Mississippi.