Berkeley Journal of African-American Law & Policy

http://scholarship.law.berkeley.edu/bjalp/

List of Papers (Total 245)

Derrick Bell's Dilemma

By Brandon Hogan, Published on 01/01/19

Installment Housing Contracts: Presumptively Unconscionable

Using the case of the Contract Buyers League and the prevalence of colonias, where many homes are purchased on contract, this Article analyzes installment housing contracts with regard to the common law defense of unconscionability. Not only do the circumstances leading to such contracts, the terms of the contract, and the effects on buyers of the contract often meet the...

The Wretched of Eminent Domain: Holdouts, Free-Riding and the Overshadowed Problem of Blinded-Riders

Back in the sixties, everyone quipped that “Negro removal” – not “urban renewal” – was the driving force for metropolitan gentrification. Behind the joke, there was an underlying truth – witnessed in the developing law of eminent domain. Thus, the same United States Supreme Court that had pondered the racial repercussions of the “separate but equal” doctrine in Brown and demanded...

Requiem for a Rock: Teaching Race for the Last Time

By David Dante Troutt, Published on 01/01/16

Installment Housing Contracts: Presumptively Unconscionable

Using the case of the Contract Buyers League and the prevalence of colonias, where many homes are purchased on contract, this Article analyzes installment housing contracts with regard to the common law defense of unconscionability. Not only do the circumstances leading to such contracts, the terms of the contract, and the effects on buyers of the contract often meet the...

The Wretched of Eminent Domain: Holdouts, Free-Riding and the Overshadowed Problem of Blinded-Riders

Back in the sixties, everyone quipped that “Negro removal” – not “urban renewal” – was the driving force for metropolitan gentrification. Behind the joke, there was an underlying truth – witnessed in the developing law of eminent domain. Thus, the same United States Supreme Court that had pondered the racial repercussions of the “separate but equal” doctrine in Brown and demanded...

Racism as Subjectification

Nobody likes to feel used. But everyone likes to feel useful. This paradox has long been overlooked by people examining the parameters of racism in the United States. The classic model of racism focuses on the manner in which Black Americans have been objectified—and for good reason. From chattel slavery to Jim Crow, African Americans have faced a long and sordid history of being...

Whitewashed Runways: Employment Discrimination in the Fashion Modeling Industry

Racial disparities are rampant in the fashion industry. This article explores how existing antidiscrimination law can be used to combat this problem and highlights the delicate balance between First Amendment rights and anti-discrimination law. The article also examines recent and proposed changes in state law designed to protect the fashion models’ legal rights. The article also...