Race Liberalism and the Deradicalization of Racial Reform
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Derrick Bell: Godfather Provocateur André Douglas Pond Cummings University of Arkansas at Little Rock William H
University of Arkansas at Little Rock William H. Bowen School of Law Masthead Logo Bowen Law Repository: Scholarship & Archives Faculty Scholarship 2012 Derrick Bell: Godfather Provocateur andré douglas pond cummings University of Arkansas at little Rock William H. Bowen School of Law, [email protected] Follow this and additional works at: https://lawrepository.ualr.edu/faculty_scholarship Part of the Judges Commons, Law and Race Commons, and the Legal Profession Commons Recommended Citation andré douglas pond cummings, Derrick Bell: Godfather Provocateur, 28 Harv. J. Racial & Ethnic Just. 51 (2012). This Article is brought to you for free and open access by Bowen Law Repository: Scholarship & Archives. It has been accepted for inclusion in Faculty Scholarship by an authorized administrator of Bowen Law Repository: Scholarship & Archives. For more information, please contact [email protected]. DERRICK BELL: GODFATHER PROVOCATEUR andrg douglas pond cummings* I. INTRODUCTION Professor Derrick Bell, the originator and founder of Critical Race The- ory, passed away on October 5, 2011. Professor Bell was 80 years old. Around the world he is considered a hero, mentor, friend and exemplar. Known as a creative innovator and agitator, Professor Bell often sacrificed his career in the name of principles and objectives, inspiring a generation of scholars of color and progressive lawyers everywhere.' Bell resigned a tenured position on the Harvard Law School faculty to protest Harvard's refusal to hire and tenure women of color onto its law school -
THE LIFE and LEGAL THOUGHT of DERRICK BELL: FOREWORD Matthew H
Western New England Law Review Volume 36 36 (2014) Article 1 Issue 2 36 (2014) 2014 SYMPOSIUM: BUILDING THE ARC OF JUSTICE: THE LIFE AND LEGAL THOUGHT OF DERRICK BELL: FOREWORD Matthew H. hC arity Western New England University School of Law, [email protected] Follow this and additional works at: http://digitalcommons.law.wne.edu/lawreview Recommended Citation Matthew H. Charity, SYMPOSIUM: BUILDING THE ARC OF JUSTICE: THE LIFE AND LEGAL THOUGHT OF DERRICK BELL: FOREWORD, 36 W. New Eng. L. Rev. 101 (2014), http://digitalcommons.law.wne.edu/lawreview/vol36/iss2/1 This Introduction is brought to you for free and open access by the Law Review & Student Publications at Digital Commons @ Western New England University School of Law. It has been accepted for inclusion in Western New England Law Review by an authorized administrator of Digital Commons @ Western New England University School of Law. For more information, please contact [email protected]. MATTHEW H. CHARITY WESTERN NEW ENGLAND LAW REVIEW Volume 36 2014 Number 2 SYMPOSIUM BUILDING THE ARC OF JUSTICE: THE LIFE AND LEGAL THOUGHT OF DERRICK BELL MATTHEW H. CHARITY* I know you are asking today, “How long will it take?” Somebody’s asking, “How long will prejudice blind the visions of men, darken their understanding, and drive bright-eyed wisdom from her sacred throne?” Somebody’s asking, “When will wounded justice, lying prostrate on the streets of Selma and Birmingham and communities all over the South, be lifted from this dust of shame to reign supreme among the children of men?” Somebody’s asking, “When will the radiant star of hope be plunged against the nocturnal bosom of this lonely night, plucked from weary souls with chains of fear and the manacles of death? How long will justice be crucified, and truth bear it?” I come to say to you this afternoon, however difficult the moment, however frustrating the hour, it will not be long, because “truth crushed to earth will rise again.” * Associate Professor of Law, Western New England University School of Law. -
FOREWORD: the LEGAL HISTORY of the GREAT SIT-IN CASE of BELL V. MARYLAND
MARYLAND LAW REVIEW FOREWORD: THE LEGAL HISTORY OF THE GREAT SIT-IN CASE OF BELL v. MARYLAND WILLIAM L. REYNOLDS UNIVERSITY OF MARYLAND VOLUME 61 2002 NUMBER 4 MARYLAND LAW REVIEW VOLUME 61 2002 NUMBER 4 © Copyright Maryland Law Review, Inc. 2002 FOREWORD: THE LEGAL HISTORY OF THE GREAT SIT-IN CASE OF BELL V. MARYLAND WILLIAM L. REYNOLDS* INTRODUCTION Anyone arguing a case in the Court of Appeals of Maryland, the state's highest court, during the years 1992-1996, would have ad- dressed a distinguished bench headed by Chief Judge Robert Murphy, and which also included Associate Judges Lawrence Rodowsky and Robert Bell. A superb administrator, Murphy received high marks for his two decades as head of Maryland's judicial system. Rodowsky, the first Polish-American to sit on the Court, is widely respected for the vast range of his legal knowledge. Bell, the second African-American to sit on the Court of Appeals,1 is known for his thoughtful and well- researched opinions. In late 1996, Bell succeeded Murphy as Chief Judge of the Court of Appeals. All three are also gentlemen, a type of judge unfortunately not as common as it should be. They worked well together on the Court. Few know, however, that the three judges are bound by a tie even more long-standing than their common service on the Court of Ap- peals: a generation ago, Murphy and Rodowsky, who were then Assis- tant Attorneys General of the State of Maryland, tried to uphold the conviction of Bell for criminal trespass, a prosecution that eventually reached the Supreme Court. -
Redalyc.History of the Colombian Left-Wings Between 1958 and 2010
Revista Tempo e Argumento E-ISSN: 2175-1803 [email protected] Universidade do Estado de Santa Catarina Brasil Archila, Mauricio; Cote, Jorge History of the Colombian left-wings between 1958 and 2010 Revista Tempo e Argumento, vol. 7, núm. 16, septiembre-diciembre, 2015, pp. 376-400 Universidade do Estado de Santa Catarina Florianópolis, Brasil Available in: http://www.redalyc.org/articulo.oa?id=338144734018 How to cite Complete issue Scientific Information System More information about this article Network of Scientific Journals from Latin America, the Caribbean, Spain and Portugal Journal's homepage in redalyc.org Non-profit academic project, developed under the open access initiative e ‐ ISSN 2175 ‐ 1803 History of the Colombian left‐wings between 1958 and 20101 Abstract This article looks at the history of left‐wings in Colombia, Mauricio Archila framed within what was happening in the country, Latin Ph.D. and Professor in the Graduate program at America, and the world between 1958 and 2010. After the Universidad Nacional, in Bogotá, and specifying what we mean by “left‐wings” and outlining their associate researcher of the CINEP. background in the first half of the 20th century, there is a Colombia. panorama of five great moments of the period under study to [email protected] reach the recent situation. The chronology favors the internal aspects of the history of Colombian left‐wings, allowing us to appreciate their achievements and limitations framed into Jorge Cote such a particular context as the Colombian one. MA student in History at the Universidad Nacional, in Bogotá. Keywords: Colombia; Left‐wings; Guerrillas; Social Colombia. -
Excerpt from NAACP Brown Attorneys
To commemorate the 50th Anniversary of the decision in Brown v. Board of Education in 2004, the NAACP Legal Defense and Educational Fund released “The Winding Road to Brown: An LDF Chronology”. Below is an excerpt of the timeline leading up to the historic decision issued in 1954. LDF Attorneys on the steps of the Supreme Court: (Left to Right) John Scott, James Nabrit, Spottswood Robinson, Frank Reeves, Jack Greenberg, Thurgood Marshall, Louis Redding, U. Simpson Tate, George Hayes. 1933 Thurgood Marshall graduates first in his class from Howard University’s School of Law. Oliver Hill, also a classmate and one of the Brown counsels, graduates second. Marshall and Hill were both mentored by the Law School’s vice-dean Charles Hamilton Houston. 1934 Houston joins the National Association for the Advancement of Colored People (NAACP) as part- time counsel. 1935 After having been denied admittance to the University of Maryland Law School, Marshall wins a case in the Maryland Court of Appeals against the Law School, which gains admission for Donald Murray, the first black applicant to a white southern law school. 1936 Marshall joins the NAACP’s legal staff. 1938 Marshall succeeds Houston as special counsel. Houston returns to his Washington, D.C. law practice but remains counsel with the NAACP. 1938 Missouri ex rel. Gaines v. Canada The U.S. Supreme Court invalidates state laws that required African-American students to attend out-of-state graduate schools to avoid admitting them to their states’ all-white facilities or building separate graduate schools for them. 1940 Marshall writes the NAACP Legal Defense and Educational Fund’s corporate charter and becomes its first director and chief counsel. -
Rethinking the Boundaries of the Sixth Amendment Right to Choice of Counsel
RETHINKING THE BOUNDARIES OF THE SIXTH AMENDMENT RIGHT TO CHOICE OF COUNSEL I. INTRODUCTION Criminal defense is personal business. For this reason, the Consti- tution’s ample procedural protections for criminal defendants are writ- ten not just to provide a fair trial, but also to put the defendant in con- trol of his own defense. Courts and commentators alike have rec- ognized that the constitutional vision of liberty requires not only protection for the accused, but also the right of the accused to speak and act for himself.1 The Sixth Amendment also reflects the common understanding that the assistance of counsel can be crucial — even necessary — to effective defense,2 but its language and structure nev- ertheless make clear that the rights and their exercise belong to the de- fendant himself, not his lawyer.3 The right to the assistance of counsel has many facets, but its most ancient and fundamental element is the defendant’s right to counsel of his own choosing. Indeed, the Supreme Court has identified choice of counsel as “the root meaning of the constitutional guarantee.”4 Yet ac- tual choice-of-counsel doctrine gives the state broad authority to inter- fere with the exercise of this right. For example, a defendant may not choose an advocate whose representation creates a potential conflict of interest for the defendant, even if the defendant knowingly and intelli- gently waives any objection to the potential conflict,5 and a defendant has no right to be represented by an advocate who is not a current member of a state bar association.6 The remedy for a choice-of- ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 1 See, e.g., Faretta v. -
Our Separatism - Voting Rights As an American Nationalities Policy Pamela S
University of Chicago Legal Forum Volume 1995 | Issue 1 Article 4 Our Separatism - Voting Rights as an American Nationalities Policy Pamela S. Karlan [email protected] Follow this and additional works at: http://chicagounbound.uchicago.edu/uclf Recommended Citation Karlan, Pamela S. () "Our Separatism - Voting Rights as an American Nationalities Policy," University of Chicago Legal Forum: Vol. 1995: Iss. 1, Article 4. Available at: http://chicagounbound.uchicago.edu/uclf/vol1995/iss1/4 This Article is brought to you for free and open access by Chicago Unbound. It has been accepted for inclusion in University of Chicago Legal Forum by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. Our Separatism? Voting Rights as an American Nationalities Policy Pamela S. Karlant One of the salient characteristics of contemporary global politics is the disintegration of empires and multiethnic nation- states and the resurgence of separatism. The breakup of the Soviet Union, the breakdown of Yugoslavia, tribal warfare in Africa, and the emergence of separatist political parties in West- ern democracies such as Italy and Canada occupy the political foreground. One of the urgent questions of political structure is how multiethnic nations respond to these nationalist and sepa- ratist impulses. My argument in this Article is that the voting-rights system is a key element in the American response. I begin by describing how the Voting Rights Act and much of its case law use a vocab- ulary that draws sharp ethnic and territorial distinctions. Not only does voting-rights law use the language of separation, it also employs an apparently separatist practice of allocating voters among territorially defined voting districts. -
Rethinking the Interest-Convergence Thesis
Copyright 2011 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 105, No. 1 RETHINKING THE INTEREST-CONVERGENCE THESIS Justin Driver* INTRODUCTION ............................................................................................................. 149 I. EXAMINING THE INTEREST-CONVERGENCE THESIS ............................................... 157 A. Before the Interest-Convergence Thesis ...................................................... 158 B. The Interest-Convergence Thesis ................................................................ 160 C. Contemporary Views of the Interest-Convergence Thesis ........................... 163 II. ANALYTICAL FLAWS OF THE INTEREST-CONVERGENCE THESIS ............................. 164 A. Interrogating the Composition of Racial Interests ...................................... 165 B. Consistency and Inconsistency of Racial Status .......................................... 171 C. Lack of Agency ............................................................................................ 175 D. Irrefutability ................................................................................................ 181 III. CONSEQUENCES OF THE INTEREST-CONVERGENCE THESIS .................................... 188 A. Constrained Racial Remedies ..................................................................... 189 B. Racial Conspiracy Theory ........................................................................... 192 CONCLUSION ............................................................................................................... -
Federalism and Civil Rights: Complementary and Competing Paradigms
Vanderbilt Law Review Volume 47 Issue 5 Issue 5 - Symposium: Federalism's Article 3 Future 10-1994 Federalism and Civil Rights: Complementary and Competing Paradigms James F. Blumstein Follow this and additional works at: https://scholarship.law.vanderbilt.edu/vlr Part of the Civil Rights and Discrimination Commons Recommended Citation James F. Blumstein, Federalism and Civil Rights: Complementary and Competing Paradigms, 47 Vanderbilt Law Review 1251 (1994) Available at: https://scholarship.law.vanderbilt.edu/vlr/vol47/iss5/3 This Symposium is brought to you for free and open access by Scholarship@Vanderbilt Law. It has been accepted for inclusion in Vanderbilt Law Review by an authorized editor of Scholarship@Vanderbilt Law. For more information, please contact [email protected]. Federalism and Civil Rights: Complementary and Competing Paradigms James F. Blumstein* I. INTRODUCTION ................................................................... 1252 II. THE IMPORTANCE OF FEDERALISM AND THE FEDERALISM DEAL ...................................................... 1256 III. FEDERALISM AS A CIVIL RIGHTS PARADIGM ....................... 1259 A. The Nature of Federalism...................................... 1260 B. Federalismand Civil Rights: Voting Rights as a Case Study ...................................................... 1262 1. Voting Rights as Part of the Federalism Deal ......................................... 1262 2. The Tensions Between the Federalism and Civil Rights Paradigms: Voting Rights as an Example ............................... -
Jack Weinstein
DePaul Law Review Volume 64 Issue 2 Winter 2015: Twentieth Annual Clifford Symposium on Tort Law and Social Policy - In Article 4 Honor of Jack Weinstein Jack Weinstein: Judicial Strategist Jeffrey B. Morris Follow this and additional works at: https://via.library.depaul.edu/law-review Recommended Citation Jeffrey B. Morris, Jack Weinstein: Judicial Strategist, 64 DePaul L. Rev. (2015) Available at: https://via.library.depaul.edu/law-review/vol64/iss2/4 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Law Review by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. JACK WEINSTEIN: JUDICIAL STRATEGIST Jeffrey B. Morris* Fifty years ago, one of the great students of the judicial process, Walter F. Murphy,1 heir to Princeton University’s great tradition of such scholars,2 employed the papers of United States Supreme Court Justices to consider how any one of their number might go about ex- erting influence within and outside the Court. How, Murphy asked, could a justice most efficiently use her resources—official and per- sonal—to achieve a set of policy objectives?3 Murphy argued that there were strategic and tactical courses open for justices to increase their policy influence,4 and that a policy-oriented justice must be pre- pared to consider the relative costs and benefits that might result from her formal decisions and informal efforts at influence.5 There were, Murphy argued, a wide variety -
Political Science 190.607 Comparative Racial Politics Fall 2011 Johns Hopkins University Tuesdays 1-2:50Pm Mergenthaler 366
Political Science 190.607 Comparative Racial Politics Fall 2011 Johns Hopkins University Tuesdays 1-2:50pm Mergenthaler 366 Professor Erin Aeran Chung Office: 365 Mergenthaler Hall Phone: 410-516-4496 Email: [email protected] Office hours: Mondays 1:30-2:30pm and by appointment COURSE DESCRIPTION: This course surveys the major trends and approaches to the comparative study of race in political science and critically examines the link between race and politics. The goals of the course are two-fold. First, we will investigate how the study of race is linked to some of the classic preoccupations of comparative political science, such as capitalist development, state formation, and nationalism. Second, we will explore how race “works” and how it is made and remade over time and across space. We thus seek to understand how the ideologies of race and racism connect disparate peoples, regimes, institutions, and national mythologies. Topics will include race and state formation, citizenship and national membership, immigration, racial regimes, and the political economy of race. PREREQUISITES: This course is open to graduate students only. COURSE REQUIREMENTS AND EVALUATION: Participation and Discussion (30%), 2 short essays (15% each), Research Paper (40%) Because this seminar is based primarily on peer-led discussions, regular attendance and active participation are essential. All students must complete the assigned readings before coming to class and prepare ideas for debate, discussion, or interpretation. Students will write 2 short essays (approximately 3 pages double-spaced)—to be circulated via email to other seminar members at least one day before the seminar—that includes a brief discussion of the key debates and issues brought up in the designated week’s readings as well as a short critique. -
The Socratic Method in the Age of Trauma
THE SOCRATIC METHOD IN THE AGE OF TRAUMA Jeannie Suk Gersen When I was a young girl, the careers I dreamed of — as a prima ballerina or piano virtuoso — involved performing before an audience. But even in my childhood ambitions of life on stage, no desire of mine involved speaking. My Korean immigrant family prized reading and the arts, but not oral expression or verbal assertiveness — perhaps even less so for girls. Education was the highest familial value, but a posture of learning anything worthwhile seemed to go together with not speak- ing. My incipient tendency to raise questions and arguments was treated as disrespect or hubris, to be stamped out, sometimes through punish- ment. As a result, and surely also due to natural shyness, I had an almost mute relation to the world. It was 1L year at Harvard Law School that changed my default mode from “silent” to “speak.” Having always been a student who said nothing and preferred a library to a classroom, I was terrified and scandalized as professors called on classmates daily to engage in back-and-forth dia- logues of reasons and arguments in response to questions, on subjects of which we knew little and on which we had no business expounding. What happened as I repeatedly faced my unwelcome turn, heard my voice, and got through with many stumbles was a revelation that changed my life. A light switched on. Soon, I was even volunteering to engage in this dialogue, and I was thinking more intensely, independently, and enjoyably than I ever had before.