BARBARA
E. ARMACOST
"Race and Reputation: The Real Legacy
of Paul v. Davis," 85 Va. L. Rev. 569 (1999).
ANNE
M. COUGHLIN
"Of White Slaves and Domestic Hostages," 1 Buff.
Crim. L. Rev. 109 (1997), abstract
available online from SSRN.
ROSA
EHRENREICH BROOKS
"Law in the Heart of Darkness: Atrocity & Duress," 43 Va.
J. Int'l L. 861 (2003).
"Dignity and Discrimination: Towards
a Pluralistic Understanding of Workplace Harassment," 88 Geo.
L.J. 1 (1999).
KIM
FORDE-MAZRUI
"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)).
"Will Affirmative Action Survive?" Legal
Times, June 17, 2002, at 52. ARTICLE (PDF) Get
Acrobat Reader
"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).
RISA
GOLUBOFF
The Lost Origins of
Modern Civil Rights (forthcoming
Harvard University Press).
"'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).
JOHN
C. HARRISON
"Equality, Race Discrimination, and
the Fourteenth Amendment," 13 Const. Comment. 243
(1996).
"If the Eye Offend Thee, Turn Off the
Color" (reviewing Kull, The Color-Blind Constitution),
91 Mich. L. Rev. 1213 (1993).
JOHN
C. JEFFRIES JR.
Justice Lewis F. Powell, Jr. (Charles
Scribner's Sons, 1994; Fordham University Press, 2001 [paperback
edition]).
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).
PAUL LOMBARDO
History consultant, Race: The Power of
an Illusion, Part I, "The Difference Between Us" (PBS,
2003).
"Pioneer's Big Lie," 68 Alb.
L. Rev. (2003).
"The American Breed: Nazi Eugenics and
the Origin of the Pioneer Fund," 65 Alb. L. Rev. 743
(2002).
"Miscegenation, Eugenics & Racism:
Historical Footnotes to Loving v. Virginia," 21 U.C.
Davis L. Rev. 422 (1988).
PETER
W. LOW
Civil Rights Actions: Enforcing the Constitution (with
John C. Jeffries Jr., Pamela S. Karlan, & George A. Rutherglen)
(Foundation Press, 2000).
Civil Rights Actions: Section 1983 and
Related Statutes with Supplements (with John C. Jeffries
Jr.) (Foundation Press, 1988; 2d. ed. 1994).
DAVID A. MARTIN
"Affirmative Action" (commentary
published in German translation), 3/99 Zeitschrift für
Kultur-Austausch 65, Fall 1999.
CHARLES
W. MCCURDY
"Stephen J. Field and the American Judicial
Tradition," in McCurdy, Philip J. Bergan, & Owen M.
Fiss, The Fields and the Law (1986).
ROBERT
M. O'NEIL
"At Last, Guidance Seems Likely on Affirmative
Action," Chron. Higher Educ., Dec. 13, 2002, at B20.
"Hateful Messages That Force Free Speech
to the Limit," Chron. Higher Educ., Feb. 16, 1994,
at A52.
"An Inquiry into the Legal and Ethical
Problems of Campus Hate Speech," 29 Free Speech YB 26-30
(1992).
"Dealing with Intolerance for Intolerant
Views," Chron. Higher Educ., Dec. 18, 1991, at A44.
"Constitutional Scholars' Statement
on Affirmative Action after City of Richmond v. J.A. Croson
Co." (with others), 98 Yale L.J. 1711 (1989).
"Preferential Admissions Revisited:
Some Reflections on DeFunis and Bakke," 14 J. C. & U.
L. 423 (1988).
Discriminating Against Discrimination:
Preferential Admissions and the DeFunis Case (Indiana University
Press, 1975).
DANIEL R. ORTIZ
"Self-Defeating Identities," in
Robert Post, ed., Race and Representation: Affirmative Action 371
(1998) (discussing political implications of different paradigms
of racial identity).
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).
MILDRED
W. ROBINSON
"Financing Adequate Educational Opportunity," 14 Va.
J.L. & Pol. 483 (1998).
"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).
GEORGE
RUTHERGLEN
"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).
JAMES
E. RYAN
"Brown, School Choice and the Suburban
Veto," 90 Va. L. Rev. 1635 (2004).
"Foreword to Symposium on School Finance
Litigation: Emerging Trends or New Dead Ends?" (with Thomas
Saunders), 22 Yale L. & Pol’y Rev. 463 (2004).
"The Perverse Incentives of the No Child Left Behind Act," 79 N.Y.U. L. Rev. 932 (2004).
"The Limited Influence of Social Science Evidence in Modern
Desegregation Cases," 81 N.C. L. Rev. 1659 (2003) (essay
prepared for conference).
"Race Discrimination in Education: A Legal Perspective," 105 Teachers Coll. Rec. 1087 (2003) (paper commissioned by National
Research Council).
"The Political Economy of School Choice" (with
Michael Heise), 111 Yale L.J. 2043 (2002).
"The Influence of Race in School Finance
Reform" 98 Mich. L. Rev. 432 (1999), abstract
available online from SSRN.
"Schools, Race, and Money" 109 Yale
L.J. 249 (1999), abstract
available online from SSRN.
"Sheff, Segregation, and School Finance
Litigation," 74 N.Y.U. L. Rev. 529 (1999).
PAUL B. STEPHAN III
"Bob Jones University v. United States:
Public Policy in Search of Tax Policy," 1983 Sup. Ct.
Rev. 33.
"Nontaxpayer Litigation of Income Tax
Disputes," 3 Yale L. & Poly Rev. 73 (1985).
J.
H. VERKERKE
"Notice Liability in Employment Discrimination
Law," 81 Va. L. Rev. 273 (1995).
"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
discriminatory conduct).
WALTER
WADLINGTON
"The Loving Case: Virginia's
Anti-Miscegenation Statute in Historical Perspective," 52 Va.
L. Rev. 1189 (1966) (cited in Loving v. Virginia 388
U.S. 1, 87 S.Ct 1817, 18 L.Ed.2d 1010, footnote 4 [1967]).
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