Faculty Scholarship

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click to view scholarship for this faculty Brooks, Roy L.

Books

  • The Racial Glass Ceiling (Yale University Press, forthcoming 2017)
  • Pacific Island Book Series 2: Jeju 4.3 Grand Tragedy During ?Peacetime? Korea: The Asia Pacific Context, 1947-2016 (with Chang Hoon Ko, and Jeju, South Korea: C&P Press) (2016)
  • The Law of Discrimination-Supplements (with Gilbert Paul Carrasco, and Michael Selmi) (Lexis Nexis, 2016)
  • Civil Procedure: A Guide Through A Complex Course  (West Academic Publishing, 2014)
  • Civil Procedure: A Guide Through A Complex Course (Harcourt Brace, 2013)
  • The Law of Discrimination: Cases and Perspectives, 2013 Supplement (with Carrassco, and Selmi) (Lexis Nexis, 2013)
  • Structures of Judicial Decision Making from Legal Formalism to Critical Theory, Rev. 2nd Ed. (Carolina Academic Press, 2012)
  • The Law of Discrimination: Cases and Perspectives (with Carrassco, and Selmi) (Lexis Nexis, 2011)
  • The Law of Discrimination: Teacher's Manual (with Carrasco, and Selmi) (Lexis Nexis, 2011)
  • Civil Rights Litigation: Cases and Perspectives- Supplements (with Carrasco, and Selmi) (Carolina Academic Press, 2009)
  • Racial Justice in the Age of Obama (Princeton University Press, 2009)
  • Civil Rights Litigation: Cases and Perspectives, 3rd Ed. (with Carrasco, and Selmi) (Academic Press, 2005)
  • Civil Rights Litigation: Constitutional and Statutory Law, 3rd Ed. (with Carrasco, and Selmi) (Academic Press, 2005)
  • Civil Rights Litigation: Teacher's Manual, 3rd Ed. (with Carrasco, and Selmi) (Academic Press, 2005)
  • Structures of Judicial Decision Making from Legal Formalism to Critical Theory, 2nd Ed. (Carolina Academic Press, 2005)
  • Atonement and Forgiveness: A New Model for Black Reparations (University of California Press, 2004)
  • When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (New York University Press, 1999)
  • Critical Procedure (Carolina Academic Press, 1998)
  • Civil Procedure: Cases and Materials for an Advanced Course (Western Academic Press, 1996)
  • Civil Rights Litigation (with Carrasco) (Academic Press, 1996)
  • Integration or Separation? A Strategy for Racial Equality (Harvard University Press, 1996)
  • Civil Procedure: Cases and Materials for Policy Analysis (Western Academic Press, 1995)
  • Rethinking the American Race Problem (University of California Press, 1992)
  • Flashers: Civil Procedure (Spectra Publishing, 1991)
  • Questions and Answers: Civil Procedure (Spectra Publishing, 1987)

Chapters of Books or Articles within Books

  • “In Defense of the Black/White Binary” in Critical Race Theory: Cutting Edge (Delgado, and Stefancic, eds.) (Temple University Press, 2013)
  • “Japanese American Internment and Relocation” in Encyclopedia of Race and Racism, 2nd Ed. (Moore, ed.) (Thomson/Gale, 2012)
  • “Reparations” in Encyclopedia of Race and Racism, 2nd Ed. (with Moore) (Thomson/Gale, 2012)
  • “Japanese American Redress Movement” in Encyclopedia of Race and Racism (Moore, ed.) (Macmillan Reference USA, 2008)
  • “Reparations for Racial Atrocities” in Encyclopedia of Race and Racism (Moore, ed.) (Macmillan Reference USA, 2008)
  • “Reparations for Slavery - The African American Struggle” in Repairing the Past? International Perspectives on Reparations for Gross Human Rights Abuses (du Plessis, and Pete, eds.) (Intersentia Press, 2008)
  • “Litigating Mass Claims Involving Slavery and Jim Crow Under United States Law” in Redressing Injustices Through Mass Claims Processes: Innovative Responses to Unique Challenges (Court of Arbitration, ed.) (Oxford University Press, 2006)
  • “The New Patriotism and Apology for Slavery” in Taking Wrongs Seriously: Apologies and Reconciliation (Barkan, and Karn, eds.) (Stanford University Press, 2006)
  • “Clarence Thomas” in Encyclopedia of Race and Ethnic Studies (Cashmore, ed.) (Routledge, 2004)
  • “Drugs and Racism” in Encyclopedia of Race and Ethnic Studies (Cashmore, ed.) (Routledge, 2004)
  • “The Nation of Islam and Racial Separation” in People Who Made History: Malcolm X (Hunter, ed.) (Greenhaven Press, 2004)
  • “Critical Race Theory: A Proposed Structure and Application to Federal Pleadings” in Critical Race Theory: Cases, Material and Problems (Brown, ed.) (West Academic Publishing, 2003)
  • “Reflections on Reparations” in Politics and the Past (Torpey, ed.) (Rowman & Littlefield, 2003)
  • “A Reparations Success Story” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “Japanese American Narratives” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “Japanese American Reparations and the American Political Process: A Unique Achievement” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “Not Even an Apology?” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “Redress for Racism?” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “Slave Narratives” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “The Age of Apology” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “The Constitutionality of Black Reparations” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (with Bittker) (Brooks, ed.) (New York University Press, 1999)
  • “What Form Redress?” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “What Price Reconciliation?” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “Wild Reparations?” in When Sorry Isn't Enough: The Controversy Over Apologies and Reparations for Human Injustice (Brooks, ed.) (New York University Press, 1999)
  • “Affirmative Action” in Strategies for Argument: A Reader and Sourcebook (Spurgin, ed.) (Blair Press, 1992)

Journal Articles

  • “Symposium Issue - "Juridical Subordination"” in 52 San Diego Law Review 825 (with Kelly C. Smith ) (2015)
  • Helping Minorities by Ending Affirmative Action? A Review of Mismatch: How Affirmative Action Hurts Students It's Intended to Help, and Why Universities Won't Admit It” in 6 Georgetown Journal of Law & Modern Critical Race Perspectives 69 (2014)
  • “Post-Conflict Justice in the Aftermath of Modern Slavery” in 46 George Washington International Law Review 243 (2014)
  • “Cultural Diversity: It's All About the Mainstream” in 95 The Monist 17 (2012)
  • “Making the Case for Atonement in 'Post-Racial America'” in 14 Journal of Gender, Race & Justice 665 (2011)
  • “In Defense of the Black/White Binary: Reclaiming a Tradition of Civil Rights Scholarship” in 12 Berkeley Journal of African-American Law & Policy 107 (with Widner) (2010)
  • “The Crisis of the Black Politician in the Age of Obama” in 53 Howard Law Journal 699 (2010)
  • “Toward a Post-Atonement America: The Supreme Court's Atonement for Slavery and Jim Crow” in 57 Kansas Law Review 739 (2009)
  • “Conley and Twombly: A Critical Race Theory Perspective” in 52 Howard Law Journal 31 (2008)
  • “Affirmative Action in Higher Education: What Canada Can Take from American Experience” in 23 Windsor Yearbook of Access to Justice 193 (2005)
  • “Affirmative Action- American Democracy and Higher Education for Black Americans: The Lingering-Effects Theory” in 7 Journal of Law & Social Challenges 1 (2005)
  • “The Slave Redress Cases” in 27 North Carolina Central Law Journal 130 (2005)
  • Brown v. Board of Education Fifty Years Later: A Critical Race Theory Perspective” in 47 Howard Law Journal 581 (2004)
  • “Getting Reparations for Slavery Right - A Response to Posner and Vermeule” in 80 Notre Dame Law Review 251 (2004)
  • “Toward a Perpetrator-Focused Model of Slave Redress” in 6 Afro-American Law & Policy Report 49 (2004)
  • “Ancient Slavery versus American Slavery: A Distinction with a Difference” in 33 University of Memphis Law Review 265 (2003)
  • “Rehabilitative Reparations for the Judicial Process” in 58 New York University Annual Survey of American Law 475 (2003)
  • “Slave-Redress Litigation in the United States” in 22 Windsor Yearbook of Access to Justice 119 (2003)
  • “The Use of Policy in Judicial Reasoning: A Reconceptualization Before and After Bush v. Gore” in 13 Stanford Law and Policy Review 33 (2002)
  • “Critical Theory Applied to Title VII” in California Labor and Employment Law Quarterly 9 (with Kim) (2000)
  • “Public Interest Affirmative Action” in 31 University of San Francisco Law Review 807 (1997)
  • “A Roadmap Through Title VII's Procedural and Remedial Labyrinth” in 24 Southwestern Law Review 511 (1995)
  • “Analyzing Black Self-Esteem in the Post-Brown Era” in 4 Temple Political & Civil Rights Law Review 201 (1995)
  • “Feminist Jurisdiction: Toward an Understanding of Feminist Procedure” in 43 Kansas Law Review 317 (1995)
  • “Critical Race Theory and Classic-Liberal Scholarship: A Distinction Without A Difference?” in 82 California Law Review 787 (with Newborn) (1994)
  • “Critical Race Theory: A Proposed Structure and Application to Federal Pleadings” in 11 Harvard Blackletter Law Journal 85 (1994)
  • “Race as an Under-Inclusive and Over-Inclusive Concept” in 1 Afro-American Law & Policy Report 9 (1994)
  • “A Critical Race Theory Critique of the Right to a Jury Trial Under Title VII” in 5 University of Florida Journal of Law & Public Policy 159 (1993)
  • “The Essential Purpose and Analytical Structure of Personal Jurisdiction Law” in 27 Indiana Law Review 361 (1993)
  • “Aristotle and Western Liberalism: The Fundamental Tenets of Judge A. Leon Higginbotham's Scholarship” in 9 Law and Justice 419 (1991)
  • “The Ecology of Inequality: The Rise of the African American Underclass” in 8 Harvard Blackletter Law Journal 1 (1991)
  • “Beyond Civil Rights Restoration Legislation: Restructuring Title VII” in 34 St. Louis University Law Journal 551 (1990)
  • “The Affirmative Action Issue: Law, Policy, and Morality” in 22 Connecticut Law Review 323 (1990)
  • “The Structure of Individual Disparate Treatment Litigation After Hopkins” in 6 The Labor Lawyer 215 (1990)
  • “The New Law of Affirmative Action” in 40 ABA Labor Law Journal 611 (1989)
  • “A Preface to Theories or Levels of Judicial Analysis” in 1 Journal of Contemporary Legal Issues 131 (1988)
  • “Racial Subordination Through Formal Equal Opportunity” in 25 San Diego Law Review 879 (1988)
  • “Anti-Minority Mindset in the Law School Personnel Process: Toward An Understanding of Racial Mindsets” in 5 Law and Inequality Journal 1 (1987)
  • “Civil Rights Scholarship: A Proposed Agenda for the Twenty-First Century” in 20 University of San Francisco Law Review 397 (1986)
  • “Life After Tenure: Can Minority Law Professors Avoid The Clyde Ferguson Syndrome?” in 20 University of San Francisco Law Review 419 (1986)
  • “The Federal Loan Guarantee Program: A Unified Approach” in 10 Journal of Corporation Law 185 (with Cheever) (1984)
  • “Affirmative Action in Law Teaching” in 14 Columbia Human Rights Law Review 15 (1982)
  • “In Defense of Court-Ordered Busing” in 28 Yale Law Reporter 26 (1981)
  • “Currency Translations in the Registration Statements of Foreign Issuers” in 35 ABA Business Lawyer 435 (1980)
  • “Rule 10b-5 in the Balance: An Analysis of the Supreme Court's Policy Perspective” in 32 Hastings Law Journal 403 (1980)
  • “Small Business Financing Alternatives Under the Securities Act of 1933” in 13 UC Davis Law Review 543 (1980)
  • “Use of the Civil Rights Act of 1866 and 1871 to Redress Employment Discrimination” in 62 Cornell Law Review 258 (1977)
  • “Skyjacking and Refugees: The Effect of the Hague Convention Upon Asylum” in 16 Harvard International Law Journal 93 (1975)

Other Print and Electronic Media

  • Judging Justice Alito San Diego Union-Tribune (November 4, 2005)
  • Despite Promise, Many Blacks Still Lag Behind San Diego Union-Tribune (May 14, 2004)
  • A Compromise on Affirmative Action San Diego Union-Tribune (October 13, 1996)
  • Reforming the Judiciary San Diego Union-Tribune (November 19, 1995)
  • Challenging Affirmative Action Misinformation San Diego Union-Tribune (April 16, 1995)
  • Post-Mortem: What Went Wrong With Guinier Nomination: Oversimplified Discussion of Quotas is Still a Problem San Diego Union-Tribune (June 16, 1993)
  • The Painful Realities of Integrated Schools The Hartford Courant (February 28, 1993)
  • Making King a Federal Case Could Produce the Same Result San Diego Union-Tribune (May 7, 1992)
  • Will Hearings Stifle Harassment Claims? San Diego Union-Tribune (October 20, 1991)
  • What About Souter's Human Resume? The New York Times (August 1, 1990)

Presentations and Conferences

  • Presenter at International Conference Center at Hiroshima, Japan (July 2017)
  • "Racial Inequality Today" at San Diego Regional Alliance for Fair Housing 2016 Annual Meeting at San Diego Mission Trails Regional Park Interpretive Center Meeting Room (April 14, 2016)
  • "Racial Inequality Today" at San Diego Regional Alliance for Fair Housing at San Diego Mission Trails Regional Park Interpretive Center Meeting Room (April 14, 2016)
  • "International Redress Theory" at Diversity Banquet at University of San Diego (April 12, 2016)
  • "Disparate Impact Liability Under the Fiar Housing Act" at 23rd Annual Fair Housing Laws and Litigation Conference at San Diego Town and Country Resort and Conventions Center (February 2, 2016)
  • "Post-Conflict Justice" at JeJu National Univeristy (March 13, 2015)
  • "Redressing American Slavery: Arguments For and Against" at Hokkaido National University (March 9, 2015)
  • "Racial Justice in the Age of Obama" as presenter at 21st Annual Fair Housing Laws and Litigation Conference at San Diego Town and Country Resort and Conventions Center (February 13, 2014)

Contact:

Office of the Dean
Warren Hall, Room 201
Phone: (619) 260-4527