Charles J. Ogletree, Jr.

Jesse Climenko Professor of Law

Assistant: Jonathan Donais / 617-496-2054

Biography

Charles Ogletree, the Harvard Law School Jesse Climenko Professor of Law, and Founding and Executive Director of the Charles Hamilton Houston Institute for Race and Justice, is a prominent legal theorist who has made an international reputation by taking a hard look at complex issues of law and by working to secure the rights guaranteed by the Constitution for everyone equally under the law. Professor Ogletree opened the offices of The Charles Hamilton Houston Institute for Race and Justice www.charleshamiltonhouston.org in September 2005 as a tribute to the legendary civil rights lawyer and mentor and teacher of such great civil rights lawyers as Thurgood Marshall and Oliver Hill. The Institute has engaged in a wide range of important educational, legal, and policy issues over the past 6 years.

Professor Ogletree is the author of several important books on race and justice. His most recent publication is a book co-edited with Professor Austin Sarat of Amherst College entitled Life without Parole: America's New Death Penalty? (NYU Press, 2012). Other publications include The Presumption of Guilt: The Arrest of Henry Louis Gates, Jr. and Race, Class, and Crime in America (Palgrave Macmillan, 2010).In November 2009, NYU Press published Professor Ogletree’s book, co-edited with Professor Austin Sarat, The Road to Abolition: The Future of Capital Punishment in the United States. Also edited with Austin Sarat, When Law Fails: Making Sense of Miscarriages of Justice and From Lynch Mobs to the Killing State: Race and the Death Penalty in America were published by NYU Press in January of 2009 and May of 2006 respectively. His historical memoir, All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education, was published by W.W. Norton & Company in April 2004. Professor Ogletree also co-authored Beyond the Rodney King Story: An Investigation of Police Conduct in Minority Communities (Northeastern University Press 1995).

Professor Ogletree is a native of Merced, California, where he attended public schools. Professor Ogletree earned an M.A. and B.A. (with distinction) in Political Science from Stanford University, where he was Phi Beta Kappa. He also holds a J.D. from Harvard Law School.

In 2009 Professor Ogletree was awarded the prestigious ABA Spirit of Excellence Award in recognition of his many contributions to the legal profession. In 2008, the National Law Journal named Professor Ogletree one of the 50 Most Influential Minority Lawyers in America. Every year since 2006, Professor Ogletree has been named by Ebony Magazine as one of the 100+ Most Influential Black Americans. He was presented with the Lifetime Achievement Award when he was inducted into the Hall of Fame for the National Black Law Students Association, where he served as National President from 1977-1978. Professor Ogletree also received the first ever Rosa Parks Civil Rights Award given by the City of Boston, the Hugo A. Bedau Award given by the Massachusetts Anti-Death Penalty Coalition, and Morehouse College’s Gandhi, King, Ikeda Community Builders Prize. He has also received honorary doctorates from several universities and colleges including Cambridge College, Wilberforce University, the University of Miami, the New England School of Law, Lincoln College, Tougaloo College, Mount Holyoke College, and Amherst College.

Professor Ogletree has been married to his fellow Stanford graduate, Pamela Barnes, since 1975. They are the proud parents of two children, Charles Ogletree III and Rashida Ogletree, and grandparents to granddaughters, Marquelle, Nia Mae, Jamila Ogletree, and Makayla George. The Ogletrees live in Cambridge and are members of St. Paul African Methodist Episcopal Church.

Areas of Interest

Charles J. Ogletree, The Presumption of Guilt: The Arrest of Henry Louis Gates, Jr. and Race, Class and Crime in America (Palgrave Macmillan 2010).
Categories:
Discrimination & Civil Rights
,
Criminal Law & Procedure
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
Type: Book
Abstract
Charles Ogletree, one of the country's foremost experts on civil rights, uses this incident as a lens through which to explore issues of race, class, and crime, with the goal of creating a more just legal system for all.
Charles J. Ogletree, Jr., All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education (W.W. Norton & Co. 2004).
Categories:
Legal Profession
,
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Race & Ethnicity
,
Civil Rights
,
Education Law
,
Legal History
Type: Book
Charles J. Ogletree, Jr. & Kimberly Jenkins Robinson, Rodriguez Reconsidered: Is There a Federal Constitutional Right to Education?: Inequitable Schools Demand a Federal Remedy, 17 Educ. Next, Spring 2017, at 70.
Categories:
Family Law
Sub-Categories:
Education Law
Type: Article
Abstract
Does the U.S. Constitution guarantee a right to education? It does not, the Supreme Court declared in San Antonio Independent School District v. Rodriguez, a 1973 case alleging that disparities in spending levels among Texas school districts violated students’ constitutional rights. In this issue’s forum, Charles Ogletree, Harvard Law School professor, and Kimberly Robinson, professor at the University of Richmond School of Law, assert that the court should overturn the Rodriguez decision, thus opening the door to federal remedies to public-education inequality. On the other side, Alfred A. Lindseth, Rocco E. Testani, and Lee A. Peifer, attorneys at the law firm Eversheds Sutherland (US), contend that a reversal of Rodriguez would lead not to educational parity but to endless litigation.
Charles J. Ogletree, Jr. & Kimberly Jenkins, Neglecting the Broken Foundation of K-12 Funding, Educ. Week, May 18, 2016, at 26.
Categories:
Family Law
Sub-Categories:
Education Law
Type: Article
Charles J. Ogletree, Jr. & David J. Harris, Op-Ed: High Court Must Undo Clear Case of Juror Racism, Nat'l L.J., Sept. 24, 2015.
Categories:
Government & Politics
,
Criminal Law & Procedure
Sub-Categories:
Criminal Defense
,
Criminal Prosecution
,
Judges & Jurisprudence
,
Courts
Type: News
Punishment in Popular Culture (Charles J. Ogletree, Jr. & Austin Sarat eds., N.Y. Univ. Press 2015).
Categories:
Disciplinary Perspectives & Law
,
Criminal Law & Procedure
Sub-Categories:
Sentencing & Punishment
,
Capital Punishment
,
Law & Social Change
,
Law & Humanities
Type: Book
Abstract
The way a society punishes demonstrates its commitment to standards of judgment and justice, its distinctive views of blame and responsibility, and its particular way of responding to evil. Punishment in Popular Culture examines the cultural presuppositions that undergird America’s distinctive approach to punishment and analyzes punishment as a set of images, a spectacle of condemnation. It recognizes that the semiotics of punishment is all around us, not just in the architecture of the prison, or the speech made by a judge as she sends someone to the penal colony, but in both “high” and “popular” culture iconography, in novels, television, and film. This book brings together distinguished scholars of punishment and experts in media studies in an unusual juxtaposition of disciplines and perspectives.
Charles J. Ogletree, Jr., The Legacy and Implications of San Antonio Independent School District v. Rodriguez, 17 Rich. J.L. & Pub. Int. 515 (2014).
Categories:
Family Law
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Public Interest Law
,
Education Law
Type: Article
Abstract
The Supreme Court's school desegregation case law has been a confusing maze of fits and starts. In 1954, a unanimous Court declared in Brown v. Board of Education that education "must be made available to all on equal terms." Yet, less than 20 years later, the Court found a Texas education financing plan that allowed for significant differences in funding between school districts to be constitutional. This Article examines that decision, San Antonio Independent School District v. Rodriguez, in more detail. It also discusses the case's legacy and numerous unresolved issues that still impact the Latino community today. Part II of the Article deals with the case itself, including the dissent penned by Justice Thurgood Marshall. This Part also discusses the evolving recognition of a unique Latino identity demonstrated by a comparison between Rodriguez and the earlier Ninth Circuit case of Westminster School District of Orange County v. Mendez. It further discusses the implications on the case's holding of the shift from the Warren Court to the Burger Court. Part III discusses the case's legacy. This includes the possibilities for future school desegregation and funding litigation suggested by the Court's language and how advocates for equalization of school funding have proceeded in the forty years since Rodriguez. It also briefly deals with the current status of education in Edgewood, Texas, what has become of the Rodriguez plaintiffs, and how the Latino community has developed since the litigation concluded. This part concludes by considering the continuing problem of the disparity between public safety spending and education spending and the implications of the Development, Relief, and Education for Alien Minors (DREAM) Act for the Latino community, with a special emphasis on the Act's possible impacts regarding education.
Charles J. Ogletree, Jr., Robert J. Smith & Johanna Wald, Criminal Law: Coloring Punishment: Implicit Social Cognition and Criminal Justice, in Implicit Racial Bias Across the Law 45 (Justin D. Levinson & Roger J. Smith eds., Cambridge Univ. Press, 2012).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Justice & Law Enforcement
,
Sentencing & Punishment
,
Race & Ethnicity
Type: Book
Abstract
Despite cultural progress in reducing overt acts of racism, stark racial disparities continue to define American life. This book is for anyone who wonders why race still matters and is interested in what emerging social science can contribute to the discussion. The book explores how scientific evidence on the human mind might help to explain why racial equality is so elusive. This new evidence reveals how human mental machinery can be skewed by lurking stereotypes, often bending to accommodate hidden biases reinforced by years of social learning. Through the lens of these powerful and pervasive implicit racial attitudes and stereotypes, Implicit Racial Bias Across the Law examines both the continued subordination of historically disadvantaged groups and the legal system's complicity in the subordination.
Charles J. Ogletree, Jr., From Dred Scott to Barack Obama: The Ebb and Flow of Race Jurisprudence, 25 Harv. BlackLetter L.J. 1 (2009).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Critical Legal Studies
,
Law & Social Change
Type: Article
Charles J. Ogletree, Jr., From Little Rock to Seattle and Louisville: Is “All Deliberate Speed” Stuck in Reverse? 30 U. Ark. Little Rock L. Rev. 279 (2008).
Categories:
Discrimination & Civil Rights
,
Disciplinary Perspectives & Law
,
Family Law
Sub-Categories:
Discrimination
,
Law & Social Change
,
Education Law
Type: Article
Charles J. Ogletree, Jr., All Deliberate Speed: Reflections on the First Half-Century of Brown v. Board of Education, 66 Mont. L. Rev. 283 (2005).
Categories:
Discrimination & Civil Rights
,
Disciplinary Perspectives & Law
,
Family Law
,
Legal Profession
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Law & Social Change
,
Education Law
,
Legal History
Type: Article
Charles J. Ogletree, All Deliberate Speed? Brown's Past and Brown's Future, 107 W. Va. L. Rev. 625 (2005).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Discrimination
Type: Article
Charles J. Ogletree, Jr., In Memoriam: Archibald Cox, 118 Harv. L. Rev. 14 (2004).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
Type: Article
Charles J. Ogletree, Jr., The Significance of Brown, 88 Judicature 66 (2004).
Categories:
Constitutional Law
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Civil Rights
Type: Article
Brown at 50: The Unfinished Legacy: A Collection of Essays (Deborah L. Rhode & Charles J. Ogletree, Jr. eds., A.B.A. 2004).
Categories:
Government & Politics
,
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Supreme Court of the United States
,
Legal History
Type: Book
Charles J. Ogletree, Jr., Repairing the Past: New Efforts in the Reparations Debate in America, 38 Harv. C.R.-C.L. L. Rev. 279 (2003).
Categories:
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Legal History
Type: Article
Abstract
This article attempts to explain why the asserted distinctions between various types of reparations lawsuits are overstated. The reparations debate, in the U.S. and globally, has gained momentum in recent years, and it will only grow in significance over time. The claim that the U.S. owes a debt for the enslavement and segregation of African Americans has had historical currency for over 150 years. Occasionally, the call for repayment of the debt for slavery has reached a fever pitch, particularly in the post-Civil War period. The demand for reparations has coincided with other civil rights strategies, reaching a national stage during the resolute leadership of Dr. Martin Luther King Jr. The reparations movement has experienced ebbs and flows through periods of both forceful repression and abject depression. Today, in the U.S. and worldwide, we again face one of those historically significant moments when the momentum for reparations efforts rises and arguments that seemed morally and legally unfeasible reemerge with renewed political vigor and legal vitality. The number of reparations lawsuits and legislative initiatives at the local and state level is unprecedented. A variety of lawsuits are currently on file in various state and federal courts around the country. Focusing solely on reparations for African Americans, suits are on file in Illinois, New York, Texas, New Jersey, Louisiana, California and Oklahoma. Legislation abounds as well. States and municipalities have passed at least four statutes addressing reparations for African Americans, most notably in Rosewood, Florida, but also in California, Oklahoma and Chicago, Illinois. These legal and legislative initiatives raise complementary, and in some cases, conflicting issues. But it cannot be denied that there is a vital and compelling need for African American reparations.
Charles J. Ogletree, Does America Owe Us?, Essence, Feb. 2003, at 126.
Categories:
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Discrimination
Type: Article
Abstract
Presents a discussion on the pros and cons of Afro-American reparations. Brief review of the institution of slavery in the U.S.; Purpose of the Millions for Reparations Rally led by the Durban 400 and the National Black United Front in August 2002; Injustices committed by the U.S. to Afro-Americans.
Charles J. Ogletree, Reparations for the Children of Slaves: Litigating the Issues, 2 U. Mem. L. Rev. 33 (2003).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Discrimination
Type: Article
Abstract
Reparations presents one of the most controversial issues facing race relations in America today. It is controversial, in part, because it involves something more than the usual attempt to resist the roll-back of civil rights gains of the 1950s and 1960s. Instead, reparations requires an active, forward-looking response to America's baleful history of slavery and racial intolerance. The central demand of reparations--that we ameliorate the condition of African Americans who continue to suffer because of discrimination present at the founding of our country and continuing today--provokes understandably strong reactions in many people of all races. My goal is not so much to make a moral case for reparations, or present a detailed legal analysis setting forth the basis for any potential lawsuit. Instead, I want to give you a sense of why this it the most important work that I have done. I will provide a general overview--the historical impetus behind African American reparations litigation in general and where that litigation stands today. Then, I will describe the legal team assembled under the rubric of the Reparations Coordinating Committee. I am one of the Committee's co-chairs, and I will talk a little about our effort, the litigation in which we hope to engage, the sort of outcome that we expect, and what we are trying to accomplish.
Charles J. Ogletree, The Current Reparations Debate, 36 U.C. Davis L. Rev. 1051 (2003).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Discrimination
,
Civil Rights
Type: Article
Charles J. Ogletree, Jr., Judicial Activism or Judicial Necessity: The DC District Court's Criminal Justice Legacy, 90 Geo. L.J. 685 (2002).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Criminal Justice & Law Enforcement
,
Courts
,
Judges & Jurisprudence
,
State & Local Government
Type: Article
Charles J. Ogletree, Black Man's Burden: Race and the Death Penalty in America, 81 Or. L. Rev. 15 (2002).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Capital Punishment
,
Discrimination
,
Race & Ethnicity
Type: Article
Charles J. Ogletree, From Pretoria to Philadelphia: Judge Higginbotham's Racial Justice Jurisprudence on South Africa and the United States, 20 Yale L. & Pol'y Rev. 383 (2002).
Categories:
Discrimination & Civil Rights
,
Legal Profession
,
Government & Politics
Sub-Categories:
Civil Rights
,
Discrimination
,
Race & Ethnicity
,
Judges & Jurisprudence
,
Biography & Tribute
Type: Article
Abstract
Judge A. Leon Higginbotham, Jr. will long be remembered for his tireless efforts to further justice in the United States. However, his vision of a society free from racial prejudice and discriminatory treatment was not limited to our borders, and thus he spent years working to eradicate the most blatant form of racial discrimination that existed during his lifetime: apartheid in South Africa. At the trial at which he faced the death penalty for his own efforts to oppose apartheid, Nelson Mandela stated, [d]uring my lifetime I have dedicated myself to this struggle of the African people. I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons live together in harmony and with equal opportunities. It is an ideal which I hope to live for and to achieve. But if needs be, it is an ideal for which I am prepared to die. Judge Higginbotham adhered to similar principles, and dedicated his life to the fight for equality. However, while Judge Higginbotham lived to see the end of apartheid, he recognized that we still have a long way to go, both in South Africa and the United States. We would be well advised to heed his observations. Furthermore, events of recent years may indicate that South Africa is in fact becoming a model for reform that we should emulate.
Charles J. Ogletree, The Challenge of Providing "Legal Representation" in the United States, South Africa, and China, 7 Wash. U. J.L. & Pol'y 47 (2002).
Categories:
International, Foreign & Comparative Law
,
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Poverty Law
,
Law & Public Policy
,
Comparative Law
,
Legal Services
,
Legal Reform
Type: Article
Charles J. Ogletree, Jr., The Rehnquist Revolution in Criminal Procedure, in The Rehnquist Court (Herman Schwartz ed., 2002).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Supreme Court of the United States
Type: Book
Charles J. Ogletree, Jr., A. Leon Higginbotham, Jr.: A Reciprocal Legacy of Scholarship and Advocacy, 53 Rutgers. L. Rev. 665 (2001).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
Type: Article
Abstract
In his seventy years on this earth, Judge A. Leon Higginbotham, Jr., accomplished more than most could even imagine accomplishing in 170 years. His advocacy and scholarship spanned his entire lifetime, and he has left us a treasure trove of brilliant ideas, incredible accomplishments, and unprecedented challenges for the twenty-first century. His advocacy started at a very young age, engendered by working-class parents, who invested their only child with a sense of honor, integrity, and pride in being African American. It continued in his teen years, when he began to see the pervasive power of racism, in America and abroad, and made a commitment to use his considerable gifts to fight racism wherever it raised its ugly head. His advocacy continued during his adult years, as he found problems of even greater magnitude, and used his role as judge, statesman, teacher, and scholar to expose the evil of racism in every venue where it existed. It continues even today, as the prescient proclamations found in his writings and speeches remind us never to give up the fight for racial justice. It is also embodied in the advocacy and scholarship of thousands of devoted "Higginbotham Warriors," who continue his legacy by fighting the kinds of battles he fought so valiantly for seventy years. We can never be as great as he was, but we can further his dreams by fighting the never-ending struggle for racial justice in courtrooms, classrooms, legal journals, public forums, and even private ...
Charles J. Ogletree, An Ode to St. Peter: Professor Peter M. Cicchino, 50 Am. U. L. Rev. 591 (2001).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
,
Legal Education
Type: Article
Charles J. Ogletree, Jr., The Challenge of Race and Education, in How to Make Black America Better: Leading African Americans Speak Out (Tavis Smiley ed., 2001).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Race & Ethnicity
,
Law & Social Change
,
Education Law
Type: Book
Charles J. Ogletree, Jr., A Tribute to Gary Bellow: The Visionary Clinical Scholar, 114 Harv. L. Rev. 421 (2000).
Categories:
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Public Interest Law
,
Biography & Tribute
,
Clinical Legal Education
Type: Article
Charles J. Ogletree, Privileges and Immunities for Basketball Stars and Other Sport Heroes, in Basketball Jones: America Above the Rim 12 (Todd Boyd & Kenneth L. Shropshire eds., 2000).
Categories:
Disciplinary Perspectives & Law
,
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
,
Gaming & Sports Law
Type: Book
Charles J. Ogletree, America's Schizophrenic Immigration Policy: Race, Class, and Reason, 41 B.C. L. Rev 755 (2000).
Categories:
Discrimination & Civil Rights
Sub-Categories:
Immigration Law
,
Race & Ethnicity
,
Discrimination
,
Law & Public Policy
Type: Article
Charles J. Ogletree, Jr., Judge A. Leon Higginbotham's Civil Rights Legacy, 34 Harv. C.R.-C.L. L. Rev. 1 (1999).
Categories:
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Biography & Tribute
Type: Article
Charles J. Ogletree, Jr., In Memoriam: A. Leon Higginbotham, Jr., 112 Harv. L. Rev. 1801 (1999).
Categories:
Legal Profession
Sub-Categories:
Biography & Tribute
Type: Article
Charles J. Ogletree, Jr., The Incomparable Thurgood Marshall, 85 A.B.A. J. Feb. 1999, at 81 (reviewing Juan Williams, Eyes on the Prize (1987) & Howard Ball, A Defiant Life: Thurgood Marshall and the Persistence of Racism in America (1999)).
Categories:
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Civil Rights
,
Race & Ethnicity
,
Biography & Tribute
Type: Article
Charles J. Ogletree, Personal and Professional Integrity in the Legal Profession: Lessons from President Clinton and Kenneth Starr, 56 Wash. & Lee L. Rev. 851 (1999).
Categories:
Government & Politics
,
Legal Profession
Sub-Categories:
Executive Office
,
Legal Ethics
,
Professional Responsibility
Type: Article
Charles J. Ogletree, The Burdens and Benefits of Race in America, 25 Hastings Const. L.Q. 219 (1998).
Categories:
Discrimination & Civil Rights
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
,
Discrimination
,
Race & Ethnicity
,
Civil Rights
Type: Article
Abstract
Matthew O. Tobriner Memorial Lecture.
Charles J. Ogletree, The President's Role in Bridging America's Racial Divide, 15 T.M. Cooley L. Rev. 11 (1998).
Categories:
Government & Politics
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Discrimination
,
Executive Office
Type: Article
Charles J. Ogletree, Introduction: The Conference on Critical Race Theory: When the Rainbow is Not Enough, 31 New Eng. L. Rev. 705 (1997).
Categories:
Disciplinary Perspectives & Law
,
Discrimination & Civil Rights
Sub-Categories:
Race & Ethnicity
,
Critical Legal Studies
Type: Article
Abstract
The Symposium: Critical Race Perspectives for the New Millennium - Second Annual Northeastern People of Color Legal Scholarship Conference.
Charles J. Ogletree, The Limits of Hate Speech: Does Race Matter?, 32 Gonz. L. Rev. 491 (1997).
Categories:
Discrimination & Civil Rights
,
Constitutional Law
,
Government & Politics
,
Legal Profession
Sub-Categories:
First Amendment
,
Fourteenth Amendment
,
Race & Ethnicity
,
Judges & Jurisprudence
,
Legal History
Type: Article
Abstract
William O. Douglas Lecture.
Charles J. Ogletree, The Tireless Warrior for Racial Justice, in Reason and Passion: Justice Brennan's Enduring Influence 135 (E. Joshua Rosenkranz & Bernard Schwartz eds., 1997).
Categories:
Discrimination & Civil Rights
,
Government & Politics
,
Legal Profession
Sub-Categories:
Race & Ethnicity
,
Judges & Jurisprudence
,
Supreme Court of the United States
,
Biography & Tribute
Type: Book
Charles J. Ogletree, Fatherhood: If You Buy the Hat, He Will Come, in Faith of Our Fathers: African American Men Reflect on Fatherhood 193 (Andre C. Willis ed., 1996).
Categories:
Discrimination & Civil Rights
,
Family Law
Sub-Categories:
Race & Ethnicity
Type: Book
Abstract
Twelve gifted African-American writers explore and celebrate the diverse and complex relationships that exist between fathers and sons, reflecting on lessons learned from their fathers and their hopes for their own sons.
Charles J. Ogletree, Johnnie Cochran and Marcia Clark: Role Models?, in Postmortem: The O.J. Simpson Case: Justice Confronts Race, Domestic Violence, Lawyers, Money, and the Media 117 (Jeffrey Abramson ed., 1996).
Categories:
Criminal Law & Procedure
,
Legal Profession
,
Discrimination & Civil Rights
Sub-Categories:
Jury Trials
,
Race & Ethnicity
,
Gender & Sexuality
,
Biography & Tribute
Type: Book
Charles J. Ogletree, Public Defender, Public Friend: Searching for the Best Interests of Juvenile Offenders, in Law Stories 131 (Gary Bellow & Martha Minow eds., 1996).
Categories:
Criminal Law & Procedure
,
Family Law
Sub-Categories:
Criminal Justice & Law Enforcement
,
Children's Law & Welfare
Type: Book
Charles J. Ogletree, An Essay on the New Public Defender for the 21st Century, 58 Law & Contemp. Probs. 81 (1995).
Categories:
Legal Profession
,
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Defense
,
Public Interest Law
,
Discrimination
,
Race & Ethnicity
,
Social Welfare Law
,
Legal Reform
Type: Article
Abstract
Funding for public defender services is woefully inadequate. Ogletree offers some anecdotal advice for public defenders and those designing public defender services.
Charles J. Ogletree, Blind Justice? Race, The Constitution, and The Justice System, in African Americans and the Living Constitution 235 (John Hope Franklin & Genna Rae McNeil eds., 1995).
Categories:
Discrimination & Civil Rights
,
Constitutional Law
,
Criminal Law & Procedure
Sub-Categories:
Criminal Justice & Law Enforcement
,
Race & Ethnicity
,
Discrimination
Type: Book
Charles J. Ogletree, Jr., Mary Prosser, Abbe Smith & William Talley, Jr., Beyond the Rodney King Story: An Investigation of Police Conduct in Minority Communities (Northeastern Univ. Press, 1995). (Criminal Justice Institute at Harvard Law School for the National Association for the Advancement of Colored People)
Categories:
Discrimination & Civil Rights
,
Criminal Law & Procedure
,
Disciplinary Perspectives & Law
Sub-Categories:
Criminal Justice & Law Enforcement
,
Discrimination
,
Race & Ethnicity
,
Civil Rights
,
Law & Social Change
Type: Book
Charles J. Ogletree, From Mandela to Mthwana: Providing Counsel to the Unrepresented Accused in South Africa, 75 B.U. L. Rev. 1 (1995).
Categories:
International, Foreign & Comparative Law
,
Criminal Law & Procedure
,
Discrimination & Civil Rights
,
Legal Profession
Sub-Categories:
Criminal Defense
,
Discrimination
,
Poverty Law
,
Race & Ethnicity
,
Comparative Law
,
Foreign Law
,
Legal Services
Type: Article
Abstract
This Article explores the lack of counsel for poor criminal defendants within a system beset by racial segregation. It contrasts the jurisprudential background of the right to counsel in South Africa with that of the United States, and examines recent South African efforts to constitutionalize the right in the wake of the dismantling of apartheid. The Article then evaluates possible solutions to the problem, ranging from full representation to a more limited "special circumstances" rule, and proposes a number of steps to implement these solutions. As South Africa faces a rare historical opportunity to rework its institutions in order to promote equality and justice, addressing the lack of counsel in criminal cases is a crucial step in this process of transformation.
Charles J. Ogletree, In Memoriam: A Tribute to W. Haywood Burns and M. Shanara Gilbert: Revolutionaries in the Struggle for Justice, 2 Clinical L. Rev. vii (1995).
Categories:
Legal Profession
,
Disciplinary Perspectives & Law
Sub-Categories:
Law & Social Change
,
Biography & Tribute
,
Clinical Legal Education
Type: Article
Charles J. Ogletree, The People v. Anita Hill: The Case for Client-Centered Advocacy, in Race, Gender, and Power in America 142 (Anita Faye Hill & Emma Coleman Jordan eds., 1995).
Categories:
Discrimination & Civil Rights
,
Government & Politics
Sub-Categories:
Gender & Sexuality
,
Race & Ethnicity
,
Supreme Court of the United States
,
Judges & Jurisprudence
,
Congress & Legislation
Type: Book
Abstract
Anita Hill's testimony at the Senate confirmation hearings of Clarence Thomas provided the most dramatic representation of the emergence of a distinctive black woman's voice in American public life. Race, Gender, and Power in America is a powerful collection of essays that examines the context and consequences of the hearings, charting the unfamiliar terrain of race and gender representation. Edited by Hill and Emma Coleman Jordan, Professor of Law at Georgetown University Law Center, and including the first published essay on the episode written by Hill herself, these essays identify and analyze the emergence of gender discontent among African Americans.
Charles J. Ogletree, Just Say No!: A Proposal to Eliminate Racially Discriminatory Uses of Peremptory Challenges, 31 Am. Crim. L. Rev. 1099 (1994).
Categories:
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Jury Trials
,
Race & Ethnicity
,
Discrimination
Type: Article
Abstract
This article discusses the efficacy of various reforms proposed to limit or end the racially discriminatory use of peremptory challenges in jury selection.   Part I focuses on how differing judicial interpretations of the standard established in Batson v. Kentucky (1986), in particular, trial judges' acceptance of prosecutors' racially neutral explanations for peremptory strikes, have undermined the protection "Batson" was meant to offer against discriminatory peremptory strikes. Part II both discusses the feasibility of various proposed race-conscious remedies to discriminatory peremptory challenges and also proposes stronger procedural remedies, including the penalty of dismissal with prejudice. Expansive attorney-conducted voir dire is analyzed as a necessary step toward empaneling a fair jury and reducing the role of stereotypes and biases in the jury selection process. Part III analyzes the merits and disadvantages of eliminating peremptory challenges altogether. The article concludes by recommending new restrictions on the use of the challenges, restrictions which should make prosecutorial racist challenges much more difficult while preserving the benefits that well-exercised challenges continue to provide for criminal defendants.
Charles J. Ogletree, The Significance of Race in Federal Sentencing, 229 Fed. Sent'g Rep. 229 (1994).
Categories:
Discrimination & Civil Rights
,
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Sentencing & Punishment
,
Race & Ethnicity
,
Discrimination
,
Law & Public Policy
,
Courts
,
Supreme Court of the United States
Type: Article
Charles J. Ogletree, The Quiet Storm: The Rebellious Influence of César Chávez, 7 Harv. Latino L. Rev. 1 (1994).
Categories:
Discrimination & Civil Rights
,
Legal Profession
,
Labor & Employment
Sub-Categories:
Civil Rights
,
Labor Law
,
Biography & Tribute
Type: Article
Charles J. Ogletree, Beyond Justifications: Seeking Motivations to Sustain Public Defenders, 106 Harv. L. Rev. 1239 (1993).
Categories:
Legal Profession
,
Criminal Law & Procedure
,
Discrimination & Civil Rights
Sub-Categories:
Criminal Defense
,
Public Interest Law
,
Legal Education
Type: Article
Abstract
Most scholarship on the professional role of the criminal defense attorney focuses on a search for the appropriate philosophical or moral justifications for the attorney's zealous advocacy. In this Article, Professor Ogletree argues that this focus is misplaced. Nearly all lawyers and legal scholars agree that the criminal defense lawyer's role is justified and that public defenders are necessary to the constitutional and moral legitimacy of the criminal justice system. However, because little attention has been paid to developing techniques that will motivate people to become and remain public defenders, many public defenders "burn out." The result is that conduct most lawyers believe is both justified and necessary fails to occur. Professor Ogletree argues that legal scholars should move beyond abstract justifications of criminal defense work and should instead explore and develop motivations for lawyers to represent the indigent. Drawing on his personal experiences as a public defender, he identifies two factors - empathy and heroism - that motivated him to continue in the face of a tragedy that shook his faith in the system. Professor Ogletree argues that public defender organizations can promote these values by drawing on the example of the District of Columbia Public Defender Service, which promotes an ethos within the office that sustains public defenders' commitment to clients. In addition, he argues that law schools should employ clinical teaching techniques that foster these motivations.
Charles J. Ogletree, Arizona v. Fulminante: The Harms of Applying Harmless Error to Coerced Confessions, 105 Harv. L. Rev. 152 (1991).
Categories:
Criminal Law & Procedure
,
Government & Politics
Sub-Categories:
Jury Trials
,
Criminal Evidence
,
Supreme Court of the United States
Type: Article
Charles J. Ogletree, Supreme Court Jury Discrimination Cases and State Court Compliance, Resistance, and Innovation, in Toward a Usable Past: Liberty under State Constitutions 339 (Paul Finkelman & Stephen E. Gottlieb eds., 1991).
Categories:
Discrimination & Civil Rights
,
Criminal Law & Procedure
,
Government & Politics
,
Constitutional Law
Sub-Categories:
Fourteenth Amendment
,
Jury Trials
,
Discrimination
,
Race & Ethnicity
,
Supreme Court of the United States
,
State & Local Government
Type: Book

Assistant: Jonathan Donais / 617-496-2054