Articles

Celebrating Critical Race Theory at 20

Liberal McCarthyism and the Origins of Critical Race Theory

I. Introduction. II. Critical race theory: three Stories of Origin. A. The Harvard Story . B. the Berkeley Story. C. the Los Angeles Story. D. Who Founded Critical Race theory?. III. Liberal Mccarthyism And The Fates Of Four Professors. A. A Fellowship of Visionaries: Kingman Brewster, James Conant, ClArk Kerr, And Albert Bowker. 1. Kingman Brewster, President of Yale University. 2. Clark Kerr, President of the University of California. 3. James Conant, President of Harvard University. 4. Alb...

The Re-Emergence of Race as a Biological Category: The Societal Implications- Reaffirmation of Race

I. Introduction. II. Placing Race In Context: Defining The Issue. A. An Historical Analysis. B. Realists And Antirealists-Competing Constructions Of Race In The Legal Community. III. The Societal Costs Using Of Race In Biomedical Research. IV. Ethnicity Versus Race: Developing A New, Softer Paradigm. V. Conclusion.

Post-Racialism

Rather than treat post-racialism as a political trend or social fact, this Article argues that post-racialism in its current iteration is a twenty-first century ideology that reflects a belief that due to racial progress the state need not engage in race-based decision-making or adopt race-based remedies, and that civil society should eschew race as a central organizing principle of social action. Post-racial logic calls instead for a "retreat from race." This retreat takes at least three for...

Jim Crow Ethics and the Defense of the Jena Six

This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the race-based, identity-making norms and practices of prosecutors and defenders in order to craft alternative civil-rights and criminal-justice strategies in cases of ra...

Notes

The Braindng of America: The Rise of Geographic Trademarks and the Need for a Strong Fair Use Defense

More and more states, cities, and businesses are realizing the potential value in trademarking and branding a geographic location. While courts should protect geographic trademarks against infringement, overprotection may result in a monopolization of not only geographic words and phrases, but also the cultural and symbolic associations that are embodied in geographic locations. This Note explores the use of geographic trademarks to capitalize on the popularity of associations with particular...

There's "No Such Thing as Too Much Speech": How Advertising Deregulation and the Marketplace of Ideas Can Protect Democracy in America

Section 203 of the Bipartisan Campaign Reform Act targets "electioneering" communications, or issue advertisements, in an effort to combat undue influence and money in politics. This legislation, however, has divided political-equality theorists and First Amendment advocates. Framing the issue as one or the other, issue advertisements initially appear to require a choice between two core democratic values. A closer look at Federal Communications Commission and Supreme Court decisions, however...

The Antifraud Savings Clause of the National Securities Markets Improvement Act of 1996

When Congress enacted the National Securities Markets Improvement Act of 1996, hopes were high that the Act would eliminate the additional costs of complying with the widely varying state securities laws for securities offerings that the Act "covered." A recent California appellate court decision highlights the inconsistency between the Act's attempts at federal preemption and its preservation of states' antifraud authority. This Note examines whether the court in that case properly applied t...

Real Estate Causes Real Problems for Investors: Regulating Executive Liquidation of Stock Options as a Source of Real-Estate Financing

A majority of the compensation that executives receive each year is equity-based. Executives often use their equity-based compensation as a source of financing for luxury real estate, often by exercising stock options and selling the shares. This executive financing transaction can have a negative effect on the stock price of the company for years to come. This Note addresses equity-based compensation and the legal requirements that companies must comply with when granting this form of compen...