Jessica Dixon Weaver A CRITICAL RACE THEORY APPROACH TO CHILDREN'S RIGHTS 71 American University Law Review 1855 (June, 2022) This Article uses critical race theory to analyze the impact of corporal punishment and physical child abuse on African American children's rights in the United States. From an international perspective, the banning of corporal punishment is consistent with multidisciplinary research about the negative effects of physical discipline on children.... 2022 Most Relevant
Yael Plitmann AUTHENTIC COMPLIANCE WITH A SYMBOLIC LEGAL STANDARD? HOW CRITICAL RACE THEORY CAN CHANGE INSTITUTIONALIST STUDIES ON DIVERSITY IN THE WORKPLACE 47 Law and Social Inquiry 331 (February, 2022) Alexandra Kalev, Frank Dobbin, and Erin Kelly. Best Practices or Best Guesses? Assessing the Efficacy of Corporate Affirmative Action and Diversity Policies. American Sociological Review 71 (2006): 589-617. Lauren B. Edelman, Sally Riggs Fuller, and Iona Mara-Drita. Diversity Rhetoric and the Managerialization of Law, American Journal of... 2022 Most Relevant
Marisa Shearer BANNING BOOKS OR BANNING BIPOC? 117 Northwestern University Law Review Online 24 (5-Jul-22) Abstract--Following the murder of George Floyd in May 2020, social justice movements renewed calls for the country to confront the pervasive reality of systemic racism in the United States. In response to these publicized social justice movements, however, calls for book bans relating to critical race theory began rising at an unprecedented rate.... 2022 Most Relevant
Mary Lindsay Krebs CAN'T REALLY TEACH: CRT BANS IMPOSE UPON TEACHERS' FIRST AMENDMENT PEDAGOGICAL RIGHTS 75 Vanderbilt Law Review 1925 (November, 2022) The jurisprudence governing K-12 teachers' speech protection has been a convoluted hodgepodge of caselaw since the 1960s when the Supreme Court established that teachers retain at least some First Amendment protection as public educators. Now, as new so-called Critical Race Theory bans prohibit an array of hot button topics in the classroom, K-12... 2022 Most Relevant
Brandon Paradise, Associate Professor of Law, Rutgers Law School, and McDonald Distinguished Fellow, Center for the Study of Law and Religion, Emory University CONFRONTING THE TRUTH: THE NECESSITY OF LOVE FOR JUSTICE 37 Journal of Law and Religion 232 (May, 2022) This essay examines the interplay between law, Christianity, and oppression in the thought of James Baldwin. This essay begins its inquiry from Baldwin's own essay, Equal in Paris, and expands out to his broader writing. The essay makes four contributions. First, it shows that Equal in Paris presents a view of law and Christianity as simultaneously... 2022 Most Relevant
S. Priya Morley CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT 69 UCLA Law Review Discourse 100 (2022) The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... 2022 Most Relevant
Darren Lenard Hutchinson, John Lewis Chair in Civil Rights and Social Justice, Emory University School of Law CONTINUOUS ACTION TOWARD JUSTICE 37 Journal of Law and Religion 63 (January, 2022) (Received 19 January 2022; accepted 19 January 2022) Conservative activists and politicians have condemned critical race theory and have supported measures to prohibit teaching the subject in public schools. The anti-critical race theory movement is part of broader social movement activity inspired by the 2020 presidential election. Many... 2022 Most Relevant
Bryonn Bain CRITICAL JUSTICE: TRANSFORMING MASS INCARCERATION, MENTAL HEALTH, AND TRAUMA 6 Howard Human & Civil Rights Law Review 159 (2021-2022) Remixing lessons on critical race, gender, and class studies, learned from legendary legal scholar Lani Guinier, prison scholar and activist Bryonn Bain shares the perspectives of credible messengers, visionary advocates, and rebel voices. Bain engages a dynamic collective of movement leaders including Melina Abdullah, Shaka Senghor, Topeka Sam,... 2022 Most Relevant
Anthony Paul Farley CRITICAL RACE THEORY & THE GOSPELS 66 Saint Louis University Law Journal 721 (Summer, 2022) Commodities can speak. They pray constantly for release. The slave is the commodity that speaks. This Essay is the slave's prayer for release, for resurrection. The slave is imprisoned, entombed, in the commodity form, a form in which it appears as a thing that is exchangeable for other things, not an end-in-itself. Yesterday is not gone.... 2022 Most Relevant
Leticia M. Saucedo CRITICAL RACE THEORY AND THE LOW-WAGE WORKPLACE: THE STORY OF JANITORIAL SERVICES IN CALIFORNIA 66 Saint Louis University Law Journal 739 (Summer, 2022) Critical race and racial capitalism theories posit that systems and structures in the workplace reinforce each other to create oppressive conditions for groups of workers based on race, national origin, and/or sex. Some of these structures are reproduced from other areas of work and have roots in exploitative labor conditions. Civil rights lawyers... 2022 Most Relevant
Hannah Daigle CRITICAL RACE THEORY THROUGH THE LENS OF GARCETTI v. CEBALLOS 20 First Amendment Law Review 230 (2022) The First Amendment states no law shall be made abridging the freedom of speech. The Supreme Court has repeatedly protected contentious forms of speech and expression including allowing flag burning, brandishing offensive signs during the picketing of a funeral for a deceased veteran, and the burning of a cross on an African American family's... 2022 Most Relevant
Jennifer Harrison Macon CRITICAL RACE THEORY: ANOTHER CASUALTY IN THE ATTACK ON FACTS 69 UCLA Law Review Discourse 56 (2022) The attack on Critical Race Theory is the latest attempt to undermine the interracial coalition that has been building over the last twenty years. In the wake of the murder of George Floyd in May of 2020, a global movement for Black lives ensued, which in turn motivated a calculated resistance that mobilized around education. Not unlike the... 2022 Most Relevant
The HLS Conference Organizers CRITICAL RACE THEORY: INSIDE AND BEYOND THE IVORY TOWER 69 UCLA Law Review Discourse 118 (2022) The history of Critical Race Theory (CRT) is inextricably intertwined with the history of student activism on law school campuses. This activism was sparked in resistance to the dominant legal education system and with the goal of cultivating alternative spaces where law students could learn how to tackle and dismantle the seemingly permanent... 2022 Most Relevant
Patrick Dankwa John CRITICAL RACE THEORY: THE RIGHT ANSWER TO THE WRONG QUESTION 36-FEB CBA Record 28 (January/February, 2022) Critical Race Theory (CRT) is one of the most controversial issues facing our public education system today. CRT proponents claim that America is fundamentally racist and that racism is built into our institutions. Several states have recently passed laws to prevent public schools from teaching things that CRT opponents consider to be part of the... 2022 Most Relevant
Anthony Rychkov CRITICAL TAX THEORY: COMBATTING RACIAL AND INCOME INEQUALITY IN AMERICA 21 Seattle Journal for Social Justice 87 (Fall, 2022) Critical race theory holds that racism is not merely the product of individual bias and prejudices but also something embedded in legal systems and policies. This article will particularly discuss critical race theory and its effects on U.S. tax policies, something I would like to call critical tax theory. As Benjamin Franklin famously noted,... 2022 Most Relevant
Camille A. Nelson DEANING CRITICALLY: LEADERSHIP FUNDAMENTALS 53 University of Toledo Law Review 269 (Spring, 2022) The recent attacks on Critical Race Theory have led me to (re)consider how such fundamental inquiries and legal analysis by scholars could be so deeply threatening to the establishment, let alone the administration of a country thought to be the preeminent example of democracy the world over. After all, at base, Critical Race Theory (hereinafter... 2022 Most Relevant
Karla McKanders DECONSTRUCTING RACE IN IMMIGRATION LAW'S ORIGIN STORIES 37 Maryland Journal of International Law 18 (2022) This symposium, Race, Sovereignty, and Immigrant Justice, explores the racialized history of immigration laws and their enforcement with the goal of rethinking possibilities for immigrant justice, sovereignty, and human rights. This Essay uses Critical Race Theory to explore how the plenary powers doctrine promotes immigration exceptionalism which... 2022 Most Relevant
Thalia González DISCIPLINE OUTSIDE THE SCHOOLHOUSE DOORS: ANTI-BLACK RACISM AND THE EXCLUSION OF BLACK CAREGIVERS 70 UCLA Law Review Discourse 40 (2022) This Essay calls upon the civil rights and education justice communities to expand their vision of school discipline law and policy reform to include the often ignored, yet deeply impacted lives of parents, caregivers, and families. Deploying what critical race theorists define as storytelling or counternarratives, we share Nyla's story to bring... 2022 Most Relevant
Kevin R. Johnson DRED SCOTT AND ASIAN AMERICANS: WAS CHIEF JUSTICE TANEY THE FIRST CRITICAL RACE THEORIST? 24 University of Pennsylvania Journal of Constitutional Law 751 (June, 2022) This commentary considers Professor Jack Chin's analysis in Dred Scott and Asian Americans of the white supremacist underpinnings and modern legacy of U.S. Supreme Court Chief Justice Roger Taney's decisions in United States v. Dow, a little-known decision denying full citizenship rights to Asian Americans, and Dred Scott v. Sandford, an iconic... 2022 Most Relevant
Lisa Vanhala ENVIRONMENTAL LEGAL MOBILIZATION 18 Annual Review of Law and Social Science 101 (2022) legal mobilization, environment, climate change, litigation, nongovernmental organizations, NGOs The mobilization of law to address the degradation of the environment implicates a wide range of institutions, actors, and materials. This article maps developments in the study of environmental legal mobilization. It examines the different theoretical... 2022 Most Relevant
Joshua Gutzmann FIGHTING ORTHODOXY: CHALLENGING CRITICAL RACE THEORY BANS AND SUPPORTING CRITICAL THINKING IN SCHOOLS 106 Minnesota Law Review Headnotes 333 (Spring, 2022) National unity as an end which officials may foster by persuasion and example is not in question .. Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men .. Those who begin coercive elimination of dissent soon find themselves exterminating... 2022 Most Relevant
Max Londberg HIRING CRITERIA AND TITLE VII: HOW ONE MANIFESTATION OF EMPLOYER BIAS EVADES JUDICIAL SCRUTINY 91 University of Cincinnati Law Review 516 (2022) Writing in 1988, feminist and critical race scholar Kimberlé Williams Crenshaw described the Civil Rights Act of 1964 (commonly known as Title VII) as contributing to the removal of most formal barriers and symbolic manifestations of subordination. But the Act and other reforms ultimately fell short, for a challenge to the legitimacy of... 2022 Most Relevant
Carliss Chatman HONORING LUTIE A. LYTLE AND JOHN MERCER LANGSTON WITH OUR WORDS 78 Washington and Lee Law Review 1719 (2022) The recent attacks on critical race theory make one fact very clear: the lack of Black voices in public discourse creates distortion and exploitation. This inaugural Black Scholars Book, the first of its kind published annually, is not about defining or justifying critical race theory--as some scholars in this book would not deem themselves to be... 2022 Most Relevant
David Simson HOPE DIES LAST: THE PROGRESSIVE POTENTIAL AND REGRESSIVE REALITY OF THE ANTIBALKANIZATION APPROACH TO RACIAL EQUALITY 30 William & Mary Bill of Rights Journal 613 (March, 2022) This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both long-standing and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other? Events over the... 2022 Most Relevant
Khiara M. Bridges LANGUAGE ON THE MOVE: "CANCEL CULTURE," "CRITICAL RACE THEORY," AND THE DIGITAL PUBLIC SPHERE 131 Yale Law Journal Forum 767 (26-Jan-22) abstract. Scores of people have been talking about cancel culture and Critical Race Theory recently. However, what people mean when they use the terms varies wildly. This Essay examines the recent drift around the meaning of these terms, analyzing the role that the digital public sphere has played in generating these examples of language on the... 2022 Most Relevant
David L. Hudson Jr. LEGISLATORS TAKE AIM AT CRITICAL RACE THEORY 108-MAR ABA Journal 20 (February/March, 2022) More than 30 years ago, law professor Richard Delgado began writing law review articles emphasizing the pervasive and pernicious role of race in law and society. He has become, according to University of California at Davis School of Law Dean Kevin R. Johnson, a sort of LeBron James or Michael Jordan among legal academics. Delgado and other... 2022 Most Relevant
David Simson MOST FAVORED RACIAL HIERARCHY: THE EVER-EVOLVING WAYS OF THE SUPREME COURT'S SUPERORDINATION OF WHITENESS 120 Michigan Law Review 1629 (June, 2022) This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court's constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the racial superordination of whiteness--the reinforcing of the superior... 2022 Most Relevant
Joseph D. G. Castro NOT WHITE ENOUGH, NOT BLACK ENOUGH: REIMAGINING AFFIRMATIVE ACTION JURISPRUDENCE IN LAW SCHOOL ADMISSIONS THROUGH A FILIPINO-AMERICAN PARADIGM 49 Pepperdine Law Review 195 (January, 2022) Writing the majority opinion upholding the use of racial preferences in law school admissions in 2003, Justice Sandra Day O'Connor anticipated that racial preferences would no longer be necessary in twenty-five years. On the contrary, 2021 has seen the astronomic rise of critical race theory, the popularity of race-driven diversity initiatives in... 2022 Most Relevant
Denise Ama Ghartey PROTECT BLACK GIRLS 69 UCLA Law Review Discourse 64 (2022) At its core, Critical Race Theory (CRT) provides us with a panoply of necessary tools and a lens through which to analyze the multilayered relationship between Black girls, their education, and the criminal legal system. Florida's history, especially the historical landscape of Central Florida, distinctly highlights the grave importance of CRT when... 2022 Most Relevant
Jonathan P. Feingold RECLAIMING EQUALITY: HOW REGRESSIVE LAWS CAN ADVANCE PROGRESSIVE ENDS 73 South Carolina Law Review 723 (Spring, 2022) Since the fall of 2020, right-wing forces have targeted Critical Race Theory (CRT) through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of Backlash Bills designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally... 2022 Most Relevant
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