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A Bibliography of Derrick Bell's Works

Posted: 13 Oct 2011 11:14 AM PDT

As promised, a bibliography of Derrick Bell's books and articles, prepared by Kevin Baggett, Circulation Librarian at the LSU Law Center Library. Posted with permission.

Derrick A. Bell Bibliography

Books

1. Faces at the Bottom of the Well: The Permanence of Racism. New York, NY: Basic Books, 1992

2. Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform. Oxford; New York: Oxford University Press, 2004.

3. And We Are Not Saved: The Elusive Quest for Racial Justice. New York: Basic Books, 1987.

4. Confronting Authority: Reflections of an Ardent Protester. Boston: Beacon Press, 1994.

5. Shades of Brown: New Perspectives on School Desegregation. New York: Teachers College Press, Columbia University, 1980.

6. The Age of Segregation: Race Relations in the South, 1890-1945: Essays (Co-author Robert J. Haws). Jackson: University Press of Mississippi, 1978.

7. Ethical Ambition: Living a Life of Meaning and Worth. New York: Bloomsbury: Distributed by Holtzbrinck Publishers, 2002.

8. Gospel Choirs: Psalms of Survival for an Alien Land Called Home. New York. NY: Basic Books, 1996.

9. Afrolantica Legacies. Chicago: Third World Press, 1998.

10. Race, Racism, and American Law. Boston, Little, Brown, 1973.

11. The Derrick Bell Reader (Co-authors Richard Delgado, Jean Stefancic). New York: New York University Press, 2005.

12. Civil Rights – Leading Cases. Boston: Little, Brown, 1980.

13. And We Are Not Saved: The Elusive Quest for Racial Justice. New York, Basic Books, 1989.

14. Constitutional Conflicts: Cincinnati: Anderson Pub. Co., 1997.

15. Faces at the Bottom of the Well: The Permanence of Racism. New York, NY: Basic Books, 1992.

16. Silent Covenants: Brown v. Board of Education and the Unfulfilled Hopes for Racial Reform. Oxford; New York: Oxford University Press, 2004.

17. And we are Not Saved: The Elusive Quest for Racial Justice. New York, Basic Books, 1987.

18. Confronting Authority: Reflections of an Ardent Protester. Boston: Beacon Press, 1994.

19. Shades of Brown: New Perspectives on School Desegregation. New York: Teachers College Press, Columbia University, 1980.

20. The Age of Segregation: Race Relations in the South, 1890-1945: Essays (Co-author Robert J. Haws). Jackson: University Press of Mississippi, 1978.

21. Ethical Ambition: Living a Life of Meaning and Worth. New York: Bloomsbury: Distributed by Holtzbrinck Publishers, 2002.

22. Gospel Choirs: Psalms of Survival for an Alien Land Called Home. New York. NY: Basic Books, 1996.

23. Afrolantica Legacies. Chicago: Third World Press, 1998.

24. Race, Racism, and American Law. Boston, Little, Brown, 1973.

25. Civil Rights – Leading Cases. Boston: Little, Brown, 1980.

26. Constitutional Conflicts: Cincinnati: Anderson Pub. Co., 1997.

27. When Race Becomes Real: Black and White Writers Confront Their Personal Histories (Co-Author Bernestine Singley). Chicago, Ill.: Lawrence Hill; Lancaster: Gazelle, 2004.

28. Civil Rights in 2004: Where Will We Be? College Park, Md.: Center for Philosophy and Public Policy, 1985.

29. The African American Law School Survival Guide: Information, Advice, and Strategies to Prepare You for the Challenges of the Law School Experience (Co-author Evangeline M. Mitchell). Houston, Tex.: Hope's Promise Pub., 2006.

30. Ask Your Mama; 12 Moods for Jazz (Co authors Langston Hughes, Arnold Rampersad, and others). New York: Alfred A. Knopf, Art Farm West, 2009, 1961.

31. In Defense of Minority Admissions Programs: A Response to Professor Graglia (co-author Lino A. Graglia). Philadelphia, 1970.

Articles


Bell, Derrick A., Jr.. 2007. "A Prophesy for Effective Schooling in an Uncaring World." Boston College Third World Law Journal 27, no. 1: 1-12.

Bell, Derrick A.. 2004. "The Unintended Lessons in Brown v. Board of Education." New York Law School Law Review 49, no. 4: 1053-67.

Bell, Derrick A.. 2000. "Wanted: a white leader able to free whites of racism.." U.C. Davis Law Review 33, no. 3: 527-44.


Bell, Derrick A.. 2000. "Brown v. Board of Education {74 S. Ct. 686 (1954)}: forty-five years after the fact." Ohio Northern University Law Review 26, no. 2: 171-81.

Bell, Derrick A.. 1999. ""Here come de judge": the role of faith in progressive decision-making." The Hastings Law Journal 51, no. 1: 1-16.

Bell, Derrick A.. 1999. "A colony at risk." Touro Law Review 15, no. 2: 347-9.

Bell, Derrick A.. 1999. "The power of narrative." Legal Studies Forum 23, no. 3: 315-48.

Bell, Derrick A.. 1999. "Getting beyond a property right in race." Washington University Journal of Law and Policy 1: 27-36.

Bell, Derrick A.. 1998. "Constitutional conflicts: the perils and rewards of pioneering in the law school classroom." Seattle University Law Review 21, no. 4: 1039-51.

Bell, Derrick A.. 1997. "California's Proposition 209: a temporary diversion on the road to racial disaster." Loyola of Los Angeles Law Review 30: 1447-64.

Bell, Derrick A.. 1997. "A gift of unrequited justice." Howard Law Journal 40, no. 2: 305-13.

Bell, Derrick A.. 1996. "Racial libel as American ritual." Washburn Law Journal 36: 1-17.

Bell, Derrick A.. 1996. "A pre-memorial message on law school teaching." New York University Review of Law and Social Change 23, no. 2: 205-15.

Bell, Derrick A.. 1995. "Black history and America's future." Valparaiso University Law Review 29: 1179-91.

Bell, Derrick A.. 1995. "1995 commencement address—Howard University School of Law." Howard Law Journal 38: 463-71.

Bell, Derrick A.. 1995. "The triumph in challenge." Maryland Law Review 54: 1691-9.

Bell, Derrick A.. 1995. "Who's afraid of critical race theory?." University of Illinois Law Review 1995: 893-910.

Bell, Derrick A. and Linda Singer. 1993. "Making a record." Connecticut Law Review 26: 265-84.

Bell, Derrick A.. 1993. "Diversity and academic freedom." Journal of Legal Education 43: 371-9.

Bell, Derrick A. and Erin Edmonds. 1993. "Students as teachers, teachers as learners." Michigan Law Review 91: 2025-52.

Bell, Derrick A.. 1993. "The racism is permanent thesis: courageous revelation or unconscious denial of racial genocide." Capital University Law Review 22: 571-87.

Bell, Derrick A.. 1993. "An epistolary exploration for a Thurgood Marshall biography." Southern University Law Review 20: 83-105.

Bell, Derrick A.. 1993. "Political reality testing: 1993." Fordham Law Review 61: 1033-43.

Bell, Derrick A.. 1993. "Learning the three "I's" of America's slave heritage." Chicago-Kent Law Review 68: 1037-49.

Bell, Derrick A.. 1993. "The permanence of racism." Southwestern University Law Review 22: 1103-13.

Bell, Derrick A.. 1992. "The Racial Preference Licensing Act. A fable about the politics of hate." American Bar Association Journal 78: 50-5.

Bell, Derrick A.. 1992. "Racial realism." Connecticut Law Review 24: 363-79.

Bell, Derrick A.. 1992. "Reconstruction's racial realities." Rutgers Law Journal 23: 261-70

Bell, Derrick A.. 1991. "Racism is here to stay: now what?." Howard Law Journal 35: 79-93.

Bell, Derrick A.. 1991. "Foreword: the final Civil Rights Act." California Law Review 79: 597-611.

Bell, Derrick A., Tracy Higgins and Sung-Hee Suh. 1990. "Racial reflections: dialogues in the direction of liberation." UCLA Law Review 37: 1037-100.

Bell, Derrick A.. 1990. "After we're gone: prudent speculations on America in a post-racial epoch." Saint Louis University Law Journal 34: 393-405.

Bell, Derrick A.. 1989.
"Racism: a prophecy for the year 2000." Rutgers Law Review 42: 93-108.


Bell, Derrick A.. 1989. "Xerces and the affirmative action mystique." The George Washington Law Review 57: 1595-613.

Bell, Derrick A.. 1989. "The final report: Harvard's affirmative action allegory." Michigan Law Review 87: 2382-410.


Bell, Derrick A.. 1988. "White superiority in America: its legal legacy, its economic costs." Villanova Law Review 33: 767-79.

Bell, Derrick A.. 1988. "The republican revival and racial politics." The Yale Law Journal 97: 1609-21.

Bell, Derrick A.. 1988. "The constitution at 200: reflections on the past—implications for the future." New York Law School Journal of Human Rights 5: 331-44.

Bell, Derrick A.. 1986. "The dilemma of the responsible law reform lawyer in the post-free enterprise era." Law & Inequality 4: 231-43.

Bell, Derrick A.. 1986. "Strangers in academic paradise: law teachers of color in still white schools." University of San Francisco Law Review 20: 385-95.

Bell, Derrick A.. 1986. "Application of the "tipping point" principle to law faculty hiring policies." Nova Law Journal 10: 319-27.

Bell, Derrick A.. 1985. "The Supreme Court, 1984 term—foreword: the civil rights chronicles." Harvard Law Review 99: 4-83.

Bell, Derrick A.. 1984. "An American fairy tale: the income-related neutralization of race law precedent." Suffolk University Law Review 18: 331-45.


Bell, Derrick A.. 1984. "A tragedy of timing." Harvard Civil Rights-Civil Liberties Law Review 19: 277-9.

Bell, Derrick A.. 1984. "A holiday for Dr. King: the significance of symbols in the black freedom struggle." U.C. Davis Law Review 17: 433-44.

Bell, Derrick A., Alan Freeman, Monroe Fordham and Sidney Willhelm. 1984. "A hurdle too high: class-based roadblocks to racial remediation: a panel." Buffalo Law Review 33: 1-34.

Bell, Derrick A.. 1983. "A school desegregation post-mortem." Texas Law Review 62: 175-90.

Bell, Derrick A.. 1981. "Private clubs and public judges: a nonsubstantive debate about symbols." Texas Law Review 59: 733-54.

Freeman, Alan, Derrick A. Bell and Henry McGee. 1981. "Race, class, and the contradictions of affirmative action." The Black Law Journal 7: 270-89.

Bell, Derrick A.. 1981. "Law school exams and minority-group students." The Black Law Journal 7: 304-13.





The History of the Full Faith and Credit Clause

Posted: 13 Oct 2011 08:03 AM PDT

Charles M. Yablon, Cardozo School of Law, has published Madison's Full Faith and Credit Clause: A Historical Analysis at 33 Cardozo Law Review 125 (2011). Here is the abstract.

The Defense of Marriage Act (DOMA) has created a new wave of interest in the Full Faith and Credit Clause and its apparent contradictions. Important recent scholarship has shown that American lawyers in the eighteenth century often viewed the term "full faith and credit" as referring to an evidentiary rule. This interpretation ameliorates, but does not actually resolve, the apparent conflict between the first sentence of the Clause, which seems to create a mandatory rule of sister state deference, and the second sentence of the Clause, which seems to give Congress plenary power to abrogate that rule. Rather than seek a chimerical general understanding of the Clause, this Article focuses on James Madison to provide a new and strikingly different historical account of the creation of the Full Faith and Credit Clause. It shows how the Full Faith and Credit Clause was part of a broader plan by Madison and others to curb the ability of states to take acts that were harmful to one another and to the nation, particularly those which, by interfering with vested contract and property rights, jeopardized the country's economic well-being. Madison purposely sought a Clause that would embody a vague but dynamic deference obligation that could be increased by Congress over time.


Madison's actions and writings regarding the Full Faith and Credit Clause strongly suggest that he would have considered congressional actions to weaken or abrogate existing deference obligations not just unwise and unjust, but unconstitutional. Unlike powers which appropriately belonged to the federal legislature irrespective of how they were exercised, Madison's justification for the powers granted under the second sentence of the Clause was based on how Madison expected those powers to be used, namely, to "provide for the harmony and proper intercourse among the states." What emerges from this analysis is a picture of the Full Faith and Credit Clause that has significant similarities to the "one way ratchet" interpretation which has been used to argue that the DOMA is unconstitutional, but one in which the presumed constraints on congressional action are the product of national interest, political virtue, and natural law as well as the language of the Full Faith and Credit Clause.
Download the article from SSRN at the link.

Are We In Kansas? Free Love and the Right of Privacy In State v. Walker

Posted: 13 Oct 2011 07:56 AM PDT

Charles J. Reid, Jr., University of St. Thomas School of Law (Minnesota) has published The Devil Comes to Kansas: A Story of Free Love and the Law as University of St. Thomas Legal Studies Research Paper No. 11-26.

State v. Walker (1887) is an important but hitherto neglected landmark case in the development of the right of privacy. The case involved the "autonomistic" or "free-love" marriage of Edwin C. Walker and Lillian Harman, daughter of Moses Harman, the radical newspaperman.

Edwin and Lillian, who rejected state control over marriage, proclaimed themselves married in the fall of 1887, although they declared that their union was neither permanent or exclusive. Prosecuted for illegal cohabitation because of their refusal to obtain a marriage license, they and their defenders developed a vocabulary that would profoundly influence the future path of American law.

Their supporters in the radical press began to speak of the right of women to control their own bodies, woman's right to reproductive autonomy, and a right of sexual privacy. Indeed, it was in the midst of this controversy that the expression "freedom of choice" was used, probably for the first time, in its modern meaning by Lillian Harman writing from prison.

The Kansas Supreme Court, which ruled on the appeal of their convictions, was, in contrast, a deeply conservative and Christian group of men who were publicly known for their religious fidelity and who brought their religious feelings to bear in the case.

Thanks to the survival of both a substantial body of newspapers and the personal papers of the three justices who ruled on the appeal, it is possible to reconstruct a vivid account of this first skirmish in the American culture wars.

Download the paper from SSRN at the link.
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