| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Gil Gott |
RACE, RIGHTS AND RETERRITORIALIZATION |
1 Columbia Journal of Race and Law 302 (July, 2012) |
Critical race and neo-Marxist perspectives treat rights or rights discourse with a somewhat similar and complex ambivalence, but with distinctly different weightings and emphases in how they theorize rights functioning within systems of liberal democracy and racialized capitalism. On the one hand, both approaches identify a subject formation... |
2012 |
Yes |
| Franita Tolson |
REINVENTING SOVEREIGNTY?: FEDERALISM AS A CONSTRAINT ON THE VOTING RIGHTS ACT |
65 Vanderbilt Law Review 1195 (May, 2012) |
The framers of the U.S. Constitution wrote the Elections Clause to address concerns that the states would fail to call congressional elections and weaken the already fragile new government. The Clause is a delegation of sovereignty from the states to the federal government because, although states select the time, place, and manner of elections,... |
2012 |
Yes |
| Hari M. Osofsky |
THE GEOGRAPHY OF "MOO HA HA": A TRIBUTE TO KEITH AOKI'S ROLE IN DEVELOPING CRITICAL LEGAL GEOGRAPHY |
90 Oregon Law Review 1233 (2012) |
I. Geography and Moo Ha Ha . 1236 A. Defining Moo Ha Ha . 1236 B. Defining Critical Geography. 1237 C. Moo Ha Ha and the Barriers to Critical Legal Geography. 1241 II. Keith Aoki's Interweaving of Critical Geography, Critical Race Theory, Third World Approaches to International Law, Postmodernism, and Globalization (Space, Place, Scale, Law,... |
2012 |
Yes |
| Dean Spade |
THE ONLY WAY TO END RACIALIZED GENDER VIOLENCE IN PRISONS IS TO END PRISONS: A RESPONSE TO RUSSELL ROBINSON'S "MASCULINITY AS PRISON" |
3 California Law Review Circuit 182 (December, 2012) |
In Masculinity As Prison: Sexual Identity, Race, and Incarceration, Professor Russell Robinson explores the creation of the K6G unit of the Los Angeles County Jail. Robinson describes how this unit, designed to protect prisoners who may be targets because of their non-normative gender and/or sexual orientation, operates as a site for the... |
2012 |
Yes |
| George Lipsitz |
"IN AN AVALANCHE EVERY SNOWFLAKE PLEADS NOT GUILTY": THE COLLATERAL CONSEQUENCES OF MASS INCARCERATION AND IMPEDIMENTS TO WOMEN'S FAIR HOUSING RIGHTS |
59 UCLA Law Review 1746 (August, 2012) |
In our society, individual acts of intentional discrimination function in concert with historically created vulnerabilities; these vulnerabilities are based on disfavored identity categories and amplify each injustice and injury. Although anyone can be a victim of housing discrimination, women of color suffer distinct collateral injuries from... |
2012 |
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| Reginald Leamon Robinson |
"PRECIOUS": A TALE OF THREE EXPLANATIONS FOR CHILDHOOD MALTREATMENT |
1 Columbia Journal of Race and Law 434 (July, 2012) |
Precious describes a fictional child's life, in which the parents severely maltreat her. Historically, society gave parents the right to assault their children's bodies, if those assaults were not abuse but discipline. Traditionally, constitutional analysis enshrined those rights, and parents had autonomy to rear and discipline their children as... |
2012 |
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| Caroline Joan S. Picart |
A TANGO BETWEEN COPYRIGHT AND CHOREOGRAPHY: WHITENESS AS STATUS PROPERTY IN BALANCHINE'S BALLETS, FULLER'S SERPENTINE DANCE AND GRAHAM'S MODERN DANCES |
18 Cardozo Journal of Law & Gender 685 (Spring 2012) |
The stage is dark, but in one corner, in the shadows, kneels the curved, still body of a man. His silhouette shows his face buried in his palms, as if in anguish, as if remembering . . . or as if dreaming. Out of the darkness behind him, in a single shaft of light, steps the figure of a young girl. Her hair is loose, her white gown is flowing and... |
2012 |
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| Lilian Jiménez |
AMERICA'S LEGACY OF XENOPHOBIA: THE CURIOUS ORIGINS OF ARIZONA SENATE BILL 1070 |
48 California Western Law Review 279 (Spring 2012) |
The anger, the hatred, the bigotry that goes on in this country is getting to be outrageous . . . [a]nd unfortunately, Arizona I think has become sort of the capital. We have become the mecca for prejudice and bigotry. . . . I think it's time as a country that we do a little soul-searching. Because I think it's the vitriolic rhetoric that we hear... |
2012 |
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| George A. Martínez |
ARIZONA, IMMIGRATION, AND LATINOS: THE EPISTEMOLOGY OF WHITENESS, THE GEOGRAPHY OF RACE, INTEREST CONVERGENCE, AND THE VIEW FROM THE PERSPECTIVE OF CRITICAL THEORY |
44 Arizona State Law Journal 175 (Spring 2012) |
I. Introduction. 176 II. A Critical Perspective on Arizona and the New Immigration Law and Other Laws Impacting Latinos. 179 A. The Epistemology of Whiteness and the Creation of a White Geography or Space in Arizona. 180 B. The Outlawing of Ethnic Studies in Arizona and the Segregation of Knowledge as a Corollary to the Establishment of a White... |
2012 |
|
| Steven W. Bender , Francisco Valdes |
AT AND BEYOND FIFTEEN--MAPPING LATCRIT THEORY, COMMUNITY, AND PRAXIS |
22 Berkeley La Raza Law Journal 301 (2012) |
I. Introduction. 302 II. Taking Stock: LatCrit at Fifteen. 304 A. Critical Roots: LatCrit Theory, Praxis, and Community, 1995-2010. 304 1. OutCrit Democracy in Theory and Practice: Values, Functions, Guideposts, and Postulates. 305 2. The LatCrit Record: Highlights and Shortfalls in Substance and Method . 311 a. Substantive Highlights: Lats... |
2012 |
|
| Joshua D. Wright, Douglas H. Ginsburg |
BEHAVIORAL LAW AND ECONOMICS: ITS ORIGINS, FATAL FLAWS, AND IMPLICATIONS FOR LIBERTY |
106 Northwestern University Law Review 1033 (Summer 2012) |
Abstract--Behavioral economics combines economics and psychology to produce a body of evidence that individual choice behavior departs from that predicted by neoclassical economics in a number of decisionmaking situations. Emerging close on the heels of behavioral economics over the past thirty years has been the behavioral law and economics... |
2012 |
|
| Richard Delgado |
CENTENNIAL REFLECTIONS ON THE CALIFORNIA LAW REVIEW'S SCHOLARSHIP ON RACE: THE STRUCTURE OF CIVIL RIGHTS THOUGHT |
100 California Law Review 431 (April, 2012) |
The author reviews one hundred years of the California Law Review's rich body of scholarship on race and civil rights in an effort to discern its general direction and contours. Discerning two broad paradigms--a black-white binary of race and a liberty-equality divide--he notes that the two not only have been emerging in roughly the same period but... |
2012 |
|
| Caroline Joan (“Kay”) S. Picart |
COLLOQUIUM PROCEEDINGS: CRITICAL PEDAGOGY, RACE/GENDER & INTELLECTUAL PROPERTY |
48 California Western Law Review 493 (Spring 2012) |
The vantage point from which I engage LatCrit XVI's emphases on Global Justice: Theories, Histories, Futures is rooted personally, as a body and entity marked by multiple hybridities, but also as a trained philosopher concerned with metaphysical and ethical questions of truth in relation to the generation of narratives. In other words, I engage... |
2012 |
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| Anthony Paul Farley |
CRITICAL RACE THEORY AND MARXISM: TEMPORAL POWER |
1 Columbia Journal of Race and Law 247 (July, 2012) |
Hope is the thing with feathers That perches in the soul-- And sings the tune without the words-- And never stops--at all-- Modern progress is the thing with feathers. Cruelty to children is its line of flight. It never stops--at all. But it never gets anywhere. And if it is true that it never asks for anything, that is only because it has... |
2012 |
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| Reginald Leamon Robinson |
DARK SECRETS: OBEDIENCE TRAINING, RIGID PHYSICAL VIOLENCE, BLACK PARENTING, AND REASSESSING THE ORIGINS OF INSTABILITY IN THE BLACK FAMILY THROUGH A RE-READING OF FOX BUTTERFIELD'S ALL GOD'S CHILDREN |
55 Howard Law Journal 393 (Winter 2012) |
INTRODUCTION. 394 I. BAD NIGGERS AND THE EVIL IMPULSIVENESS GENE: MISREADING THE ETIOLOGY OF WILLIE JAMES BOSKET'S RAGE AND RESENTMENT. 403 II. BLINDED SCHOLARS AND BLACK FAMILY INSTABILITY: ANALYSES THAT MUST NEVER FAULT WELL-MEANING PARENTS. 425 III. I'M NO AVERAGE CAT: SELF-ANNIHILATING BAD NIGGERS, EXPURGATING EMASCULAT- ING BLACK... |
2012 |
|
| Amber Fricke , Angela Onwuachi-Willig |
DO FEMALE "FIRSTS" STILL MATTER? WHY THEY DO FOR FEMALE JUDGES OF COLOR |
2012 Michigan State Law Review 1529 (2012) |
Introduction. 1529 I. Women in the Judiciary: A History of Challenges and Progress. 1532 A. The State of Gender in the Federal Judiciary. 1532 B. The Continued Challenges and Difficulties of Being a Female Judge. 1533 II. A Bleaker Landscape for Women of Color Judges. 1536 III. The Need for More Women of Color in the Federal Judiciary (Without... |
2012 |
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| Daniel L. Hatcher |
DON'T FORGET DAD: ADDRESSING WOMEN'S POVERTY BY RETHINKING FORCED AND OUTDATED CHILD SUPPORT POLICIES |
20 American University Journal of Gender, Social Policy and the Law 775 (2012) |
Introduction. 775 I. Modern Day Bastardy Acts. 777 A. Historical Treatment of Children and Unwed Parents. 778 B. Child Support Cooperation Requirements Today. 779 1. TANF and Other Public Assistance. 780 2. Impact of Forced Paternity and Child Support. 781 C. Incarcerated Fathers.. 784 D. Interaction with the Child Welfare System. 785 II. Gender,... |
2012 |
|
| Carlton Waterhouse |
DR. KING'S SPEECH: SURVEYING THE LANDSCAPE OF LAW AND JUSTICE IN THE SPEECHES, SERMONS, AND WRITINGS OF DR. MARTIN LUTHER KING, JR. |
30 Law & Inequality: A Journal of Theory and Practice 91 (Winter 2012) |
The belief that an essential relationship exists between law and justice has been recognized since the time of the ancient Greeks. In fact, the concept extends well beyond Western philosophy and jurisprudence. Distinct from other aspects of justice, the relationship between law and justice considers the nature of law and its dictates, as well as... |
2012 |
|
| Mitchell F. Crusto |
EMPATHIC DIALOGUE: FROM FORMALISM TO VALUE PRINCIPLES |
65 SMU Law Review 845 (Fall 2012) |
In response to a recent call for heightened attention to judicial ethics and quality judicial decision making, this Article posits the idea that judges should engage in empathic dialogue, a judicial discipline, to achieve empathic constitutionality--a set of value choices that attend to the real world effects of their decisions on people. It seeks... |
2012 |
|
| Steven W. Bender |
EN PAZ DESCANSE: REMEMBERING KEITH AOKI'S CONTRIBUTIONS TOWARD LATINA/O EQUALITY |
90 Oregon Law Review 1265 (2012) |
In memorializing and celebrating Keith's treasure trove of scholarly contributions, we organized the Oregon Symposium around the three subjects of intellectual property, Asian American jurisprudence, and critical geography/local government. Still, it was impossible to capture the breadth and depth of Keith's scholarly work in three panels, in a... |
2012 |
|
| Charles Falck |
EQUITABLE ACCESS: EXAMINING INFORMATION ASYMMETRY IN REVERSE REDLINING CLAIMS THROUGH CRITICAL RACE THEORY |
18 Texas Journal on Civil Liberties & Civil Rights 101 (Fall, 2012) |
I. Introduction. 101 II. Reverse-Redlining Claims. 103 A. Evidence that Minority Borrowers Suffered More, the Fair Housing Act, and Reverse-Redlining Plaintiffs. 103 B. Varying Tests Adopted for Stating a Reverse-Redlining Claim. 105 C. Recommendations for Judges Deciding Reverse-Redlining Claims. 109 III. Supporting the New Standard Through... |
2012 |
|
| Jill D. Weinberg , Laura Beth Nielsen |
EXAMINING EMPATHY: DISCRIMINATION, EXPERIENCE, AND JUDICIAL DECISIONMAKING |
85 Southern California Law Review 313 (January, 2012) |
I. INTRODUCTION. 314 II. ASSESSING DISCRIMINATION: THREE PERSPECTIVES ON JUDICIAL DECISIONMAKING. 321 A. The Empathetic Perspective. 324 B. The Liberal Legal Perspective. 327 C. The Political Perspective. 328 III. AN EMPIRICAL ANALYSIS OF FEDERAL DISTRICT COURT JUDGES AND DISCRIMINATION. 330 A. Data Collection. 330 B. Statistical Models and... |
2012 |
|
| Donna E. Young |
EXPLORING THE BOUNDARIES OF ANTIDISCRIMINATION LAW AND EQUALITY IN THE GLOBAL WORKPLACE |
22 Berkeley La Raza Law Journal 215 (2012) |
In the United States, we are accustomed to thinking of our federal Constitution as a near-sacred piece of drafting genius, and that our antidiscrimination laws are among the most successful in the world. Nonetheless, whatever one thinks about the words contained in these important sources of American equality jurisprudence, it is unfortunately the... |
2012 |
|
| Mae C. Quinn |
FEMINIST LEGAL REALISM |
35 Harvard Journal of Law & Gender 1 (Winter 2012) |
Introduction. 1 I. The Standard Legal Realist Story: A Genealogy. 5 A. A History of Elite Men Searching for a Practical Jurisprudence. 6 B. The Unfolding of the Traditional Male-Centered Tale. 13 1. Law and Society Movement. 13 2. Critical Legal Studies. 16 C. Women and Feminist Jurisprudence: The Turn Away From (and Toward) Legal Realism. 18 II.... |
2012 |
|
| Katharine T. Bartlett |
FEMINIST LEGAL SCHOLARSHIP: A HISTORY THROUGH THE LENS OF THE CALIFORNIA LAW REVIEW |
100 California Law Review 381 (April, 2012) |
This Essay describes the evolution of feminist legal scholarship, using six articles published by the California Law Review as exemplars. This short history provides a window on the most important contributions of feminist scholarship to understandings about gender and law. It explores alternative formulations of equality, and the competing... |
2012 |
|
| Richard Delgado |
FOUR RESERVATIONS ON CIVIL RIGHTS REASONING BY ANALOGY: THE CASE OF LATINOS AND OTHER NONBLACK GROUPS |
112 Columbia Law Review 1883 (November, 2012) |
The protection of civil rights in the United States encompasses remedies for at least five separate groups. Native Americans have suffered extermination, removal, denial of sovereignty, and destruction of culture; Latinos, conquest and the indignities of a racially discriminatory immigration system. Asian Americans suffered exclusion, wartime... |
2012 |
|
| Donald F. Tibbs |
FROM BLACK POWER TO HIP HOP: DISCUSSING RACE, POLICING, AND THE FOURTH AMENDMENT THROUGH THE "WAR ON" PARADIGM |
15 Journal of Gender, Race and Justice 47 (Winter 2012) |
Checks out the message in its rough stylee, the real criminals are the C-O-P. KRS-One I'm not the other color so police think, they have the authority to kill a minority. N.W.A. Son do you know what I'm stopping you for? Cause I'm young and I'm black and my hats real low, do I look like a mind reader sir, I don't know? Jay-Z Despite the... |
2012 |
|
| Cedric Merlin Powell |
FROM LOUISVILLE TO LIDDELL: SCHOOLS, RHETORICAL NEUTRALITY, AND THE POST-RACIAL EQUAL PROTECTION CLAUSE |
40 Washington University Journal of Law & Policy 153 (2012) |
Introduction. 153 I. Rhetorical Neutrality, The Process Theory, and The Formalization of Brown. 160 A. Parents Involved, Inversion, and Neutrality. 168 B. The Emergence of Choice . 170 II. The Political Community. 171 III. Liberal Individualism and the Conceptual Fallacy of Neighborhood schools. 174 A. Kentucky Revised Statute § 159.070 and... |
2012 |
|
| Pantea Javidan |
GLOBAL CLASS AND THE COMMERCIAL-SEXUAL EXPLOITATION OF CHILDREN: TOWARD A MULTIDIMENSIONAL UNDERSTANDING |
1 Columbia Journal of Race and Law 365 (July, 2012) |
This Essay draws together several focal points of the Third Annual National People of Color Conference in 2010, human trafficking, racial contexts, criminal law, immigration law and international law, while addressing the core theme of post-racialism and other posts. The purpose of this Essay is three-fold. First, it challenges the notion that we... |
2012 |
|
| Cedric Merlin Powell |
IDENTITY, LIBERAL INDIVIDUALISM, AND THE NEUTRAL ALLURE OF POST-BLACKNESS |
15 Green Bag 341 (Spring, 2012) |
Cultural critic Touré's book, Who's Afraid of Post Blackness?, advances a comprehensive and provocative critique of the essentialist, narrow, and exclusionary aspects of Black authenticity. He constructs a new Black nationalist liberal individualism that acknowledges the commonality of shared racial experience and culture, but emphasizes the... |
2012 |
|
| Anthony Thompson |
IN REMEMBRANCE OF PROFESSOR DERRICK BELL |
36 New York University Review of Law and Social Change 1 (2012) |
Derrick Bell was a man of action and vision. His litigation insights, his writing, and his approach to teaching were his weapons. His music, humor, and vision of social justice gave us strength and support. At his core, Derrick embodied social change--social change not simply for the sake of change, but social change to bring about a more just... |
2012 |
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| Sarah Krakoff |
INEXTRICABLY POLITICAL: RACE, MEMBERSHIP, AND TRIBAL SOVEREIGNTY |
87 Washington Law Review 1041 (December, 2012) |
Abstract: Courts address equal protection questions about the distinct legal treatment of American Indian tribes in the following dichotomous way: are classifications concerning American Indians racial or political? If the classification is political (i.e., based on federally recognized tribal status or membership in a federally recognized tribe)... |
2012 |
|
| Shafiqa Ahmadi |
ISLAM AND HOMOSEXUALITY: RELIGIOUS DOGMA, COLONIAL RULE, AND THE QUEST FOR BELONGING |
26 Journal of Civil Rights & Economic Development 537 (Spring 2012) |
It is widely believed that homosexuality is forbidden in Islam. However, a distinction should be made between homosexual acts and homosexual persons. Under the laws of some Islamic countries, homosexual acts are considered a crime and are punishable by death or by isolation, if not actual criminal proceedings. Being a homosexual person and not... |
2012 |
|
| Antony Anghie |
LATCRIT AND TWAIL |
42 California Western International Law Journal 311 (Spring 2012) |
I am very honored to be here. This is the second LatCrit Conference I have attended, as I was also present at the 2005 conference in Puerto Rico. I was impressed by the energy, enthusiasm, and the rich and powerful presentations made by the speakers at the 2005 conference. This occasion is no different. I have already learned a great deal from the... |
2012 |
|
| Rick Su |
LOCATING KEITH AOKI: SPACE, GEOGRAPHY, AND LOCAL GOVERNMENT LAW |
45 U.C. Davis Law Review 1637 (June, 2012) |
Introduction. 1637 I. Spatial Beginnings. 1638 II. Exporting Space. 1642 III. Space at the Ground Level. 1646 Conclusion. 1652 Anyone reviewing Keith Aoki's scholarship is sure to remark on at least two things. The first is his immense scholarly productivity, which includes the publication of more than fifty articles and books in less than two... |
2012 |
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| Laura E. Gómez |
LOOKING FOR RACE IN ALL THE WRONG PLACES |
46 Law and Society Review 221 (June, 2012) |
It has been my honor to serve as president of the Law and Society Association (LSA) for the past two years, and I am delighted to deliver this address as my term closes and as I turn over the reins to president-elect Michael McCann. Let me begin my formal remarks today by acknowledging my mother, Eloyda Gonzales Gómez, and my son, Alejandro Gómez,... |
2012 |
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| Donna E. Young |
POST RACE POSTHASTE: TOWARDS AN ANALYTICAL CONVERGENCE OF CRITICAL RACE THEORY AND MARXISM |
1 Columbia Journal of Race and Law 499 (July, 2012) |
Viewing United States antidiscrimination law through a Marxist lens helps to reveal weaknesses in the American approach to combating racism. Although Marxist theory is salient to the perpetual problem of American racism, it has been essentially ignored in the American approach. Consequently, Title VII jurisprudence has floundered in its lack of... |
2012 |
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| Bekah Mandell |
PUTTING THEORY INTO PRACTICE: USING A HUMAN RIGHTS FRAMEWORK AND GRASSROOTS ORGANIZING TO BUILD A NATIONAL REVOLUTIONARY MOVEMENT |
1 Columbia Journal of Race and Law 402 (July, 2012) |
Derrick Bell's The Space Traders--a parable of the final fulfillment of the ruling class's dehumanizing and racist divide and conquer tactics was written long before the Tea Party emerged, but the story foreshadows its rise. In the story, the United States has squandered all its natural resources, irreparably degraded the environment, and faces a... |
2012 |
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| Justin Desautels-Stein |
RACE AS A LEGAL CONCEPT |
2 Columbia Journal of Race and Law 1 (2012) |
Race is a legal concept, and like all legal concepts, it is a matrix of rules. Although the legal conception of race has shifted over time, up from slavery and to the present, one element in the matrix has remained the same: the background rules of race have always taken a view of racial identity as a natural aspect of human biology. To be sure,... |
2012 |
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| Andre L. Smith |
RACE, LAW, AND THE FREE MARKET: A CRITICAL LAW AND ECONOMICS CONCEPTION OF RACISM AS ASYMMETRICAL MARKET FAILURE |
4 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Spring, 2012) |
It must have been freshman macroeconomics at DePaul University where I learned that a capitalist, laissez-faire economy allows the market rather than the government to set prices for goods and services, working as the invisible hand. I learned that meeting of the demand and supply curves tends to establish a price equilibrium. I was taught that a... |
2012 |
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| Hilal Elver |
RACIALIZING ISLAM BEFORE AND AFTER 9/11: FROM MELTING POT TO ISLAMOPHOBIA |
21 Transnational Law & Contemporary Problems 119 (Spring 2012) |
I. Point of Departure. 119 II. Paving the Road for Racializing Islam: Pre-9/11 Era. 123 A. Muslim Community in the United States. 124 1. Immigrants. 125 2. Natives: African American Muslims. 128 B. Prejudices Against Muslims and Middle Easterners in the Pre-9/11 Era. 130 1. Discrimination Against Middle Easterners and Muslims in the Process of... |
2012 |
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| Brandon Paradise |
RACIALLY TRANSCENDENT DIVERSITY |
50 University of Louisville Law Review 415 (2012) |
The racial progress symbolized by Barack Obama's election to the U.S. Presidency, together with what many characterize as an Obama campaign that had at its center a racially transcendent theme, has led to widespread discussion of whether America has entered a post-racial era. To date, much commentary among race and law scholars has focused on... |
2012 |
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| Stephanie M. Wildman , Margalynne Armstrong , Beverly Moran |
REVISITING THE WORK WE KNOW SO LITTLE ABOUT: RACE, WEALTH, PRIVILEGE, AND SOCIAL JUSTICE |
2 UC Irvine Law Review 1011 (December, 2012) |
In his article, The Work We Know So Little About, Gerald López introduces Maria Elena, a housekeeper, mother, tutor, seamstress, and cook. He connects her daily life struggles to make ends meet, to care for her family, and to survive with the issue of social justice for all members of society. He underlines the gap between such clients and legal... |
2012 |
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| Nick J. Sciullo |
SOCIAL JUSTICE IN TURBULENT TIMES: CRITICAL RACE THEORY & OCCUPY WALL STREET |
69 National Lawyers Guild Review 225 (Winter 2012) |
These are precarious times--a moment that demands our full attention as critical scholars, practitioners, activists, and students. While some political commentators say that leftist criticism and direct action are steadily becoming more common and visible, especially as it relates to law, critical thought and action remain strongly condemned by an... |
2012 |
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| Dan Subotnik |
THE DUKE RAPE CASE FIVE YEARS LATER: LESSONS FOR THE ACADEMY, THE MEDIA, AND THE CRIMINAL JUSTICE SYSTEM |
45 Akron Law Review 887 (2011-2012) |
If engagement is the first step in healing, then the second is pure unadulterated struggle. We will never achieve racial healing if we do not confront one another, take risks . say all the things we are not supposed to say in mixed company. Harlon Dalton If the Tawana Brawley case was the race/law media sensation of the 1980s, that distinction... |
2012 |
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| Ravi Malhotra |
THE LEGAL POLITICS OF HUBERT H. HARRISON: EXCAVATING A LOST LEGACY |
1 Columbia Journal of Race and Law 382 (July, 2012) |
Politically, the Negro is the touchstone of the modern democratic idea. --Hubert Harrison, 1911 The history of African American struggle and advocacy is often divided between those who placed more emphasis on Black nationalism and Black pride such as Marcus Garvey and Malcolm X, and those advocates of racial justice, such as A. Philip Randolph... |
2012 |
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| Sora Y. Han |
The Long Shadow of Racial Profiling |
1 British Journal of American Legal Studies 77 (Spring, 2012) |
[I]n the interpretations of Laws, whether Divine, or Humane, there is no end; Comments beget Comments, and Explications make new matter for Explications: And of limiting, distinguishing, varying the signification of these moral Words, there is no end . Many a Man, who was pretty well satisfied of the meaning of the Text of Scripture, or Clause in... |
2012 |
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| Kevin Brown |
THIS IS A TIME FOR HOPE AND CHANGE |
87 Indiana Law Journal 431 (Winter, 2012) |
I have agreed to comment on the paper delivered by Professors Angela Onwuachi-Willig and Mario Barnes at a conference titled Labor and Employment Law Under the Obama Administration: A Time for Hope and Change? In his victory speech on the night of November 4, 2008, Barack Obama, the first black (African American, biracial?) President reaffirmed the... |
2012 |
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| John Tehranian |
TOWARDS A CRITICAL IP THEORY: COPYRIGHT, CONSECRATION, AND CONTROL |
2012 Brigham Young University Law Review 1237 (2012) |
All animals are equal, but some animals are more equal than others. -- George Orwell, Animal Farm Intellectual-property jurisprudence increasingly informs the way in which social order is maintained in the twenty-first century. By regulating cultural production and patrolling the dissemination of knowledge, copyright law mediates the exercise of... |
2012 |
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| Jeremiah Chin |
WHAT A LOAD OF HOPE: THE POST-RACIAL MIXTAPE |
48 California Western Law Review 369 (Spring 2012) |
I get down for my grandfather who took my momma Made her sit in that seat where white folks ain't want us to eat At the tender age of six she was arrested for the sit-ins With that in my blood I was born to be different That's why I hear new music and I just don't be feeling itRacism's still alive they just be concealing it. As a hip-hop producer,... |
2012 |
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