- Barbara E. Armacost
- Anne M. Coughlin
- Kim Forde-Mazrui
- Risa Goluboff
- John C. Harrison
- John C. Jeffries Jr.
- Peter W. Low
- David A. Martin
- Daniel R. Ortiz
- Mildred W. Robinson
- George Rutherglen
- J. H. Verkerke
"Of White Slaves and Domestic Hostages," 1 Buff. Crim. L. Rev. 109 (1997), abstract available online from SSRN.
"Learning Law Through the Lens of Race," 21 J.L. & Pol. 1 (2005). Introduction.
"Taking Conservatives Seriously: A Moral Justification for Affirmative Action and Reparations," 92 Cal. L. Rev. 683 (2004).
"Live and Let Love: Self-Determination in Matters of Intimacy and Identity," 101 Mich. L. Rev. 2185 (2003) (Reviewing Randall Kennedy, Interracial Intimacies: Sex, Marriage, Identity and Adoption (2003)).
"The Constitutional Implications of Race-Neutral Affirmative Action," 88 Geo. L.J. 2331 (2000), available online from SSRN.
"Jural Districting: Selecting Impartial Juries Through Community Representation," 52 Vand. L. Rev. 353 (2000).
"Black Identity and Child Placement: The Best Interests of Black and Biracial Children," 92 Mich. L. Rev. 925 (1994).
"'Let Economic Equality Take Care of Itself': The NAACP, Labor Litigation, and the Making of Civil Rights in the 1940s," 52 UCLA L. Rev. 1393 (2005).
"The Unusual Journey of Vernon Lawhorn, Sam Austin, and the Green Brothers: Reverse Migration, Agricultural Work, and Rights Consciousness in World War II," in Eric Arnesen, ed., The Human Tradition in Labor History (2003).
"'We Live's in a Free House Such as It Is': Class and the Creation of Modern Civil Rights," 151 U. Penn. L. Rev. 1977 (2003).
"A Road Not Taken: The Thirteenth Amendment and the Lost Origins of Civil Rights," 50 Duke L.J. 1609 (2001).
"Won't You Please Help Me Get My Son Home?: Peonage, Patronage, and Protest in the World War II Urban South," 24 Law & Soc. Inquiry 777 (1999).
"The Historian as Peace Broker in the Legal Academy's Culture Wars: The Lessons of Sea Island Civil Rights for a Theory of Legal Instrumentalism," 5 J. S. Legal Hist. 33 (1997).
Book Note, "Reckoning with Race and Criminal Justice" (reviewing Jerome G. Miller, Search and Destroy: African-American Males in the Criminal Justice System), 106 Yale L.J. 2299 (1997).
"If the Eye Offend Thee, Turn Off the Color" (reviewing Kull, The Color-Blind Constitution), 91 Mich. L. Rev. 1213 (1993).
Civil Rights Actions: Enforcing the Constitution with Supplements (with Pamela S. Karlan, Peter W. Low, & George A. Rutherglen) (Foundation Press, 2000).
"Disaggregating Constitutional Torts," 110 Yale L.J. 259 (2000).
"The Right-Remedy Gap in Constitutional Law," 109 Yale L.J. 87 (1999).
"Lewis F. Powell, Jr., and the Art of Judicial Selection," 112 Harv. L. Rev. 597 (1999).
Federal Courts and the Law of Federal-State Relations (with Peter W. Low) (Foundation Press, 1987; 2d ed. 1989; 3d ed. 1994; 4th. ed. 1998).
"The Non-Retrogression Principle in Constitutional Law" (with Daryl Levinson), 84 Cal. L. Rev. 1211 (1998).
"In Praise of the Eleventh Amendment and Section 1983," 84 Va. L. Rev. 47 (1998).
Criminal Law (with Richard J. Bonnie, Anne M. Coughlin, & Peter W. Low) (Foundation Press, 1997).
Civil Rights Actions: Section 1983 and Related Statutes with Supplements (with Peter W. Low) (Foundation Press, 1988; 2d ed. 1994).
"Ineffective Assistance and Procedural Default in Habeas Corpus," (with William J. Stuntz) 57 U. Chi. L. Rev. 679 (1990).
"Compensation for Constitutional Torts: Reflections on the Significance of Fault," 88 Mich. L. Rev. 82 (1989).
"Damages for Constitutional Violations: The Relation of Risk to Injury in Constitutional Torts," 75 Va. L. Rev. 1461 (1989).
"Legality, Vagueness, and the Construction of Penal Statutes," 71 Va. L. Rev. 189 (1985).
Civil Rights Actions: Section 1983 and Related Statutes with Supplements (with John C. Jeffries Jr.) (Foundation Press, 1988; 2d. ed. 1994).
Review of Carter, Reflections of an Affirmative Action Baby, 10 Const. Comm. 211 (1993) (arguing that Carter's position on affirmative action are inconsistent but interesting in the way they reflect social ambivalence).
"The Myth of Intent in Equal Protection," 41 Stan. L. Rev. 1105 (1989) (arguing that the intent requirement in equal protection does not concern intent as state of mind but instead balances interests).
"Affirmative Action Under the Constitution and Title VII: From Confusion to Convergence" (with George Rutherglen), 35 UCLA L. Rev. 467 (1988).
"The Responsibilities of Opportunity," UVA Lawyer, Winter 1995, at 46-51.
"Untangling the Bakke Decision," 21, 2 Ass'n of Governing Boards of Universities & Colleges Reports 10 (1979).
"Defunis and Bakke . . . The Voice Not Heard," 21 How. L. J. 128 (1978).
"Issues in Admissions After Bakke," 23, 1 J. Nat'l Ass'n C. Admissions Counselors 2 (1978).
"Custom and Usage as Action Under Color of State Law: An Essay on the Forgotten Terms of Section 1983," 89 Va. L. Rev. 101 (2003) (examination of the extent to which the general civil rights statute, which usually is taken to prohibit only action under color of state law, also prohibits private discrimination supported by custom or usage).
Major Issues in the Federal Law of Employment Discrimination (Federal Judicial Center, 1983; 2d ed. 1987; 3d ed. 1996, 4th ed. in press) (a general survey of the federal law of employment discrimination).
"The Improbable History of Section 1981: Clio Still Bemused and Confused," 2003 Sup. Ct. Rev. (in press: a detailed account of long-neglected statute, first passed during Reconstruction, that broadly prohibits racial discrimination in all forms of contracting, whether public or private).
Employment Discrimination Law: Visions of Equality in Theory and Doctrine (Foundation Press, 2001) (an analysis and summary of the laws prohibiting discrimination in employment, with an emphasis on race as the model for prohibitions against discrimination on other grounds).
Civil Rights Actions: Enforcing the Constitution (with John C. Jeffries Jr., Pamela S. Karlan, & Peter W. Low) (Foundation Press, 3d ed. 2000 & Supp. 2001-03).
"Affirmative Action in Faculty Appointments: A Guide for the Perplexed," in C. Wolf-Devine, ed., Diversity and Community in the Academy (1997) (examination of the permissible forms of affirmative action in faculty appointments in higher education).
"Discrimination and Its Discontents," 81 Va. L. Rev. 117 (1995) (a survey and analysis of the development of the concept of discrimination in American law).
"From Race to Age: The Expanding Scope of Employment Discrimination Law," 24 J. Legal Stud. 491 (1995).
"Reconsidering Burdens of Proof: Ideology, Evidence, and Intent in Individual Claims of Employment Discrimination," 1 Va. J. Soc. Pol'y & L. 43 (1993).
"Abolition in a Different Voice" (reviewing Epstein, Forbidden Grounds), 78 Va. L. Rev. 1463 (1992)(response to a general attack on the laws against employment discrimination, arguing in response that such laws are necessary to remedy the widespread forms of private discrimination that cannot be traced to actions only by the government).
"After Affirmative Action: Conditions and Consequences of Ending Preferences in Employment," 1992 U. Ill. L. Rev. 339.
"Affirmative Action Under the Constitution and Title VII: From Confusion to Convergence" (with Daniel R. Ortiz), 35 UCLA L. Rev. 467 (1988).
"Claims of Employment Discrimination under Title VII of the Civil Rights Act of 1964," in D.H. Kaye & Mikel Aickin, eds., Statistical Methods in Discrimination Litigation 33 (Marcel Dekker, 1986).
"Procedures and Preferences: Remedies for Employment Discrimination," 5 Rev. Litig. 73 (1986).
"Racial Disparity and Employment Discrimination Law: An Economic Perspective" (with James Heckman), 8 Yale L. & Pol'y Rev. 276 (1990).
"Compensating Victims of Preferential Employment Discrimination Remedies," 98 Yale L.J. 1481 (1989).
"Notice Liability in Employment Discrimination Law," 81 Va. L. Rev. 273 (1995) (developing framework for analyzing when employers should be vicariously liable for the discriminatory acts of their employees).
"Racial Disparity and Employment Discrimination Law: An Economic Perspective" (with James Heckman), 8 Yale L. & Pol'y Rev. 276 (1990) (reviewing the empirical evidence tending to show that Title VII of the Civil Rights Act of 1964 improved the labor market situation of African-Americans).
"Compensating Victims of Preferential
Employment Discrimination Remedies," 98 Yale L.J. 1481
(1989) (arguing that when courts order racial or gender preferences
to remedy an employers egregious pattern of discriminatory behavior
the order should also require the wrongdoing employer to compensate
incumbent non-minority employees who suffer reduced employment
prospects so long as those employees have not participated in