| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Julia Hernandez |
LAWYERING CLOSE TO HOME |
27 Clinical Law Review 131 (Fall, 2020) |
This essay incorporates ethnographic insights and narrative technique, rooted in part in Critical Race Theory and critical geography studies, to ground conversations about transformative pedagogy and praxis in the lived experiences of our students. Many of our students fight for radical social change and enter law school hoping to gain new tools... |
2020 |
Yes |
| Valencia Richardson, Editor-in-Chief, Volume 12 |
LETTER FROM THE EDITOR |
12 Georgetown Journal of Law & Modern Critical Race Perspectives 81 (Fall, 2020) |
Dear Reader, Our staff envisioned Volume 12.2 of the Georgetown Journal of Law and Modern Critical Race Perspectives to follow a successful Symposium, but forces beyond our control changed our plans. Approximately two months before our planned Symposium date, a global pandemic broke out, cancelling plans across the world--including all in-person... |
2020 |
Yes |
| Ciarra J. Minacci-Morey |
PERSONAL NARRATIVE AS A TOOL OF LEGAL ANALYSIS TO EVALUATE AND IMPROVE ACCESS TO ABORTION SERVICES FOR INDIGENOUS WOMEN IN CANADA |
35 Connecticut Journal of International Law 272 (Fall, 2020) |
INTRODUCTION. 275 I. Overview and Summary of Abortion Law in Canada after 1988. 275 II. Availability and Access to Abortion Services in Canada. 278 A. Systematic and Structural Barriers. 278 B. Socioeconomic Class and Location Barriers. 281 III. Application of Personal Narrative, a Tool of Critical Race Theory, to Evaluate and Improve Access to... |
2020 |
Yes |
| Kara W. Swanson |
RACE AND SELECTIVE LEGAL MEMORY: REFLECTIONS ON INVENTION OF A SLAVE |
120 Columbia Law Review 1077 (May, 2020) |
In 1858, the United States Attorney General issued an opinion, Invention of a Slave, declaring inventions by African Americans, enslaved and free, unpatentable. Within a few years, legal changes that abolished the law of slavery rendered the opinion obsolete, and it became forgotten, dropped from legal memory. Combining history and Critical Race... |
2020 |
Yes |
| Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger , Gabrielle Appleby, Susan Frelich Appleton, Ross Astoria, Sharon Cowan, Rosalind Dixon, J. Troy Lavers, Andrea L. McArdle, Elisabeth McDonald, Teri A. McMurtry-Chubb, Vanessa E. Munro, Pamela A. Wi |
TEACHING WITH FEMINIST JUDGMENTS: A GLOBAL CONVERSATION |
38 Law & Inequality: A Journal of Theory and Practice 1 (Winter, 2020) |
This conversational-style essay is an exchange among fourteen professors-- representing thirteen universities across five countries--with experience teaching with feminist judgments. Feminist judgments are shadow court decisions rewritten from a feminist perspective, using only the precedent in effect and the facts known at the time of the... |
2020 |
Yes |
| Susan R. Jones |
THE CASE FOR LEADERSHIP COACHING IN LAW SCHOOLS: A NEW WAY TO SUPPORT PROFESSIONAL IDENTITY FORMATION |
48 Hofstra Law Review 659 (Spring, 2020) |
Leadership coaching, a personalized and confidential form of professional and personal development, is a creative partnership between a coach and a client designed to empower the client toward greater self-reflection, clarity of purpose, meaningful change, accountability, and effective engagement in the world. At its core, leadership is about... |
2020 |
Yes |
| L. Danielle Tully |
THE CULTURAL (RE)TURN: THE CASE FOR TEACHING CULTURALLY RESPONSIVE LAWYERING |
16 Stanford Journal of Civil Rights & Civil Liberties 201 (June, 2020) |
Recent changes to the American Bar Association's (ABA) accreditation standards require law schools to adopt learning outcomes that demonstrate competencies for legal practice and to measure progress toward this goal. Absent from the new requirements, however, is any mention of culture. Instead, cultural competence is included as an optional... |
2020 |
Yes |
| Daniel G. Solórzano , Lindsay Pérez Huber , Layla Huber-Verjan |
THEORIZING RACIAL MICROAFFIRMATIONS AS A RESPONSE TO RACIAL MICROAGGRESSIONS: COUNTERSTORIES ACROSS THREE GENERATIONS OF CRITICAL RACE SCHOLARS |
18 Seattle Journal for Social Justice 185 (Spring, 2020) |
This article follows a Critical Race tradition of counterstorytelling to tell three stories from across three generations of Critical Race Scholars in Education. In each of our stories, we explain how we came to research racial microaggressions and how this work eventually led us to our current theorizing of racial microaffirmations. We have... |
2020 |
Yes |
| Steven L. Nelson |
TOWARDS A TRANSNATIONAL CRITICAL RACE THEORY IN EDUCATION: PROPOSING CRITICAL RACE THIRD WORLD APPROACHES TO EDUCATION POLICY |
26 William and Mary Journal of Race, Gender, and Social Justice 303 (Winter, 2020) |
Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third... |
2020 |
Yes |
| I. Bennett Capers |
AFROFUTURISM, CRITICAL RACE THEORY, AND POLICING IN THE YEAR 2044 |
94 New York University Law Review Rev. 1 (April, 2019) |
In 2044, the United States is projected to become a majority-minority country, with people of color making up more than half of the population. And yet in the public imagination--from Robocop to Minority Report, from Star Trek to Star Wars, from A Clockwork Orange to 1984 to Brave New World--the future is usually envisioned as majority white.... |
2019 |
Yes |
| Mathias Möschel |
BOOK REVIEW: JAMES WHITMAN'S HITLER'S AMERICAN MODEL. THE UNITED STATES AND THE MAKING OF NAZI RACE LAW |
20 German Law Journal 510 (May, 2019) |
(Received Summer/Autumn 2018; accepted 20 November 2018) This book was an absolutely fascinating read, especially for someone who is Austrian-German and who has been working on how American Critical Race Theory does or does not travel from the United States to continental European civil rights systems. Discovering that almost 100 years earlier a... |
2019 |
Yes |
| Carolyn Grose , Margaret E. Johnson |
BRAIDING THE STRANDS OF NARRATIVE AND CRITICAL REFLECTION WITH CRITICAL THEORY AND LAWYERING PRACTICE |
26 Clinical Law Review 203 (Fall, 2019) |
This Essay, reflecting on the Clinical Law Review's 25th Anniversary, explores our ever-evolving thinking about narrative theory and its impact on clinical pedagogy and lawyering practice. Because narrative theory teaches that we can choose to organize a story any way we see fit, we choose to start very close to the beginning--way back in 1997,... |
2019 |
Yes |
| Brandon Hogan |
DERRICK BELL'S DILEMMA |
20 Berkeley Journal of African-American Law & Policy 1 (2019) |
The scholarship of Derrick Bell, acclaimed critical race theorist and constitutional law scholar, continues to animate discussions outside and inside of legal academia. Cornel West, for example, recently criticized Ta-Nehisi Coates' pessimism about racial progress, arguing that Coates' approach lacks the appeal to black struggle that is present in... |
2019 |
Yes |
| Brandon Stump |
FOREWORD |
57 Duquesne Law Review 1 (Winter, 2019) |
This issue of the Duquesne Law Review provides readers with multiple opportunities to reconsider facets of legal academia many have probably considered static, immutable, or just the way things are. I have a background in critical race theory and civil rights law. I earned a J.D., practiced law, and then returned to school to earn an M.F.A. in... |
2019 |
Yes |
| Dorothy E. Roberts |
FOREWORD: ABOLITION CONSTITUTIONALISM |
133 Harvard Law Review 1 (November, 2019) |
C1-3CONTENTS L1-2Introduction . R33. I. The New Abolitionists. 11 A. The Prison Industrial Complex and the Carceral State. 12 B. Abolition Praxis: Past, Present, Future. 19 1. Slavery Origins. 19 (a) Police. 20 (b) Prisons. 29 (c) Death Penalty. 38 2. Not a Malfunction.. 42 3. A Society Without Prisons.. 43 C. The Unfinished Abolition Struggle. 48... |
2019 |
Yes |
| Kevin Brown, Antonio Williams |
OUT OF BOUNDS: A CRITICAL RACE THEORY PERSPECTIVE ON 'PAY FOR PLAY' |
29 Journal of Legal Aspects of Sport 30 (2019) |
Under the amateur/education model, the amount of funding that colleges and universities can provide to their student-athletes is limited to the athletes' cost of attending their institution. This model makes sense for most college sports, but National Collegiate Athletic Association (NCAA) Division I Football Bowl Subdivision and Division I men's... |
2019 |
Yes |
| Nicole Walker |
REACTION TO: "WE'RE ALL FRENCH . UNTIL WE'RE NOT: THE CONSTITUTIONAL STRATIFICATION OF FRENCH ETHNIC MINORITIES" |
11 Georgetown Journal of Law & Modern Critical Race Perspectives 205 (Fall, 2019) |
Critical race theory often overlooks modern day anti-black, anti-immigrant, and anti-Muslim racism in European countries. Similarly, other insular discrimination is ignored in the Western context, such as the effect of racial disparities on Afro-Caribbean, genderqueer, immigrant, and disabled minorities. Accordingly, Perkins' Note on racism in... |
2019 |
Yes |
| Adrian Jamal McLain , Steven L. Nelson |
REFRAMING THE AFFIRMATIVE ACTION DEBATE TO MOVE BEYOND ARGUMENTS FOR DIVERSITY AND INTEREST CONVERGENCE |
24 Barry Law Review 83 (Spring, 2019) |
Critical race theorists have long accepted the interest convergence dilemma as indispensable in discussions of civil rights in the United States. In this paper, we argue that the interest convergence dilemma is insufficient to account for outcomes that show persistently and consistently inequitable academic, social, and occupational opportunities... |
2019 |
Yes |
| Steven L. Nelson, J.D., Ph.D. |
SPECIAL EDUCATION, OVERREPRESENTATION, AND END-RUNNING EDUCATION FEDERALISM: THEORIZING TOWARDS A FEDERALLY PROTECTED RIGHT TO EDUCATION FOR BLACK STUDENTS |
20 Loyola Journal of Public Interest Law 205 (Spring, 2019) |
INTRODUCTION AND STATEMENT OF POSITIONALITY I. Summarizing the Fight for a Federal Right to Education II. A Critical Race Perspective on the Foundations of Overrepresentation of Black Students in Special Education Programs A. Examining the Racial Roots of Racial Disproportionality in Special Education B. Implementing Special Education in Urban... |
2019 |
Yes |
| Anjali Vats , Deidré A. Keller |
CRITICAL RACE IP |
36 Cardozo Arts and Entertainment Law Journal 735 (2018) |
ABSTRACT. 736 Introduction. 737 I. Why Critical Race IP. 743 A. The Rise of the Intellectual Property Economy. 746 B. From CLS to Critical IP. 752 II. Locating Critical Race IP. 755 A. What is the Race in Critical Race IP?. 759 B. What is the IP in Critical Race IP?. 762 C. (Un)bounding Critical Race IP. 764 1. Storytelling as Critical Race IP... |
2018 |
Yes |
| Theanne Liu |
ETHNIC STUDIES AS ANTISUBORDINATION EDUCATION: A CRITICAL RACE THEORY APPROACH TO EMPLOYMENT DISCRIMINATION REMEDIES |
11 Washington University Jurisprudence Review 165 (2018) |
This Note will use a critical race theory lens to argue that most trainings on equal employment opportunity (EEO), diversity, or implicit bias operate as a restrictive remedy to Title VII race discrimination violations, and that incorporating an ethnic studies framework into these trainings can further an expansive view of antidiscrimination law.... |
2018 |
Yes |
| Emily M.S. Houh |
RECLAIMING THE INTELLECTUAL |
44 Ohio Northern University Law Review 305 (2018) |
I was invited to deliver the September 2017 Dean's Lecture, on which this essay is based, in March of 2017, shortly after the inauguration of Donald J. Trump as the 45 president of the United States. I had originally planned to present on one of my longstanding research areas, the intersections of contract law and critical race theory, but as the... |
2018 |
Yes |
| Shameka Stanford , Bahiyyah Muhammad |
THE CONFLUENCE OF LANGUAGE AND LEARNING DISORDERS AND THE SCHOOL-TO-PRISON PIPELINE AMONG MINORITY STUDENTS OF COLOR: A CRITICAL RACE THEORY |
26 American University Journal of Gender, Social Policy and the Law 691 (2018) |
Introduction. 691 I. Decreased Access to Services for Minority Students with Language and Learning Disorders. 695 II. Zero Tolerance Policy in Schools. 699 III. Symbolic Racism: Harsh Disciplinary Laws in Low-Ses Title I Schools. 703 IV. The School-To-Prison Pipeline: Punishment Policy in Schools. 711 V. The Correlation Between Special Education... |
2018 |
Yes |
| Tryon P. Woods |
THE IMPLICIT BIAS OF IMPLICIT BIAS THEORY |
10 Drexel Law Review 631 (2018) |
Legal liberalism, as well as critical race theory, has examined issues of race, racism, and equality by focusing on the exclusion and marginalization of those subjects and bodies marked as different and/or inferior. The disadvantage of this approach is that the proposed remedies and correctives to the problem-- inclusion, protection, and greater... |
2018 |
Yes |
| Elizabeth Teebagy |
WHITE PRIVILEGE AND RACIAL NARRATIVES: THE ROLE OF RACE IN MEDIA STORYTELLING OF SEXUAL ASSAULTS BY COLLEGE ATHLETES |
21 Journal of Gender, Race and Justice 479 (Winter, 2018) |
I. Introduction. 479 II. Background. 482 A. Critical Race Theory. 482 1. White Privilege. 483 2. Interest-Convergence. 483 3. The Myth of the Hypersexualized and Dangerous Black Man. 484 a. Implicit Bias and Confirmation Bias. 485 B. Media and Racialized Crime Narratives. 486 C. The Relationship Between Sexual Assault and Collegiate Athletics. 487... |
2018 |
Yes |
| Ruha Benjamin |
CULTURA OBSCURA: RACE, POWER, AND "CULTURE TALK" IN THE HEALTH SCIENCES |
43 American Journal of Law & Medicine 225 (2017) |
The price of culture is a Lie. This Article advances a critical race approach to the health sciences by examining culture talk as a discursive repertoire that attributes distinct beliefs, behaviors, and dispositions to ethno-racialized groups. Culture talk entails a twofold process of obfuscation--concealing the social reality of the people it... |
2017 |
Yes |
| Jeffrey L. Dunoff |
FANFARE FOR THE COMMON MAN: AN APPRECIATION OF PROFESSOR HENRY RICHARDSON'S SCHOLARSHIP |
31 Temple International and Comparative Law Journal 341 (Spring, 2017) |
In 1942, Eugene Goosens, conductor of the Cincinnati Symphony Orchestra, asked a number of artists to compose fanfares, which Goosens thought would boost national morale and assist the war effort. In response, Aaron Copeland produced what would soon become one of the nation's most beloved anthems, although he had difficulty selecting a title for... |
2017 |
Yes |
| Khiara M. Bridges, Terence Keel, Osagie K. Obasogie |
INTRODUCTION: CRITICAL RACE THEORY AND THE HEALTH SCIENCES |
43 American Journal of Law & Medicine 179 (2017) |
This symposium volume begins with a simple provocation: race and racism are central to the development of medicine and the health sciences. If pursuits of health equity are to be taken seriously, this repositioning of race as central rather than peripheral to science and medicine suggests that improved health outcomes and reduced disparities cannot... |
2017 |
Yes |
| Shannon Weeks McCormack |
POSTPARTUM TAXATION AND THE SQUEEZED OUT MOM |
105 Georgetown Law Journal 1323 (June, 2017) |
Faced with too-short (or nonexistent) maternity leaves, inflexible work schedules, and the soaring costs of childcare in the United States, many new mothers temporarily leave the workforce to care for their young children. Although media attention has focused on the opt-out mom, many more mothers are squeezed out of the external workplace. But... |
2017 |
Yes |
| Osagie K. Obasogie , Irene Headen , Mahasin S. Mujahid |
RACE, LAW, AND HEALTH DISPARITIES: TOWARD A CRITICAL RACE INTERVENTION |
13 Annual Review of Law and Social Science 313 (2017) |
health disparities, health equity, critical race theory, social determinants In response to persistent and pervasive differences in health across racial and ethnic groups in the United States, there is a national commitment to achieving health equity, or optimal levels of health for all. Achieving health equity and eliminating health disparities is... |
2017 |
Yes |
| Lahny R. Silva |
RINGING THE BELL: THE RIGHT TO COUNSEL AND THE INTEREST CONVERGENCE DILEMMA |
82 Missouri Law Review 133 (Winter, 2017) |
C1-2Table of Contents I. Introduction. 133 II. Judicial Decision-Making and the Interest Convergence Paradigm. 137 A. Overview of Existing Models. 138 B. Interest Convergence. 140 1. The Theory. 141 2. The Critique. 144 3. Use of the Frame. 147 III. Convergence: Powell and Gideon. 148 IV. Retrenchment, Divergence, and Effective Assistance of... |
2017 |
Yes |
| Peter Halewood, Donna Young |
RULE OF LAW, ACTIVISM, AND EQUALITY: GROWING ANTISUBORDINATION NORMS WITHIN THE NEOLIBERAL UNIVERSITY |
50 John Marshall Law Review 249 (Winter, 2017) |
I. Introduction. 249 II. Campus Protest as Catalyst for Social Change. 253 III. The Nexus of Campus Activism to Law Reform. 256 A. Affirmative Action and Diversity. 257 B. Does Title VI Address Student Concerns?. 261 C. The Failure of Antidiscrimination Doctrine. 262 D. The Battle over the First Amendment. 264 IV. Activism, Neoliberalism, and the... |
2017 |
Yes |
| Antonia Eliason |
WITH NO DELIBERATE SPEED: THE SEGREGATION OF ROMA CHILDREN IN EUROPE |
27 Duke Journal of Comparative & International Law 191 (Winter, 2017) |
C1-2TABLE OF CONTENTS INTRODUCTION. 192 I. THE ROMA IN EUROPE. 193 II. CRITICAL RACE THEORY AND DISCRIMINATION AGAINST THE ROMA. 200 A. An Overview of Critical Race Theory. 200 B. Critical Race Theory and the Segregation of Roma Children. 205 III. EU AND NATIONAL ANTI-DISCRIMINATION LAWS AND JURISPRUDENCE. 210 A. The Race Equality Directive. 212 B.... |
2017 |
Yes |
| Eli Wald , Russell G. Pearce |
BEING GOOD LAWYERS: A RELATIONAL APPROACH TO LAW PRACTICE |
29 Georgetown Journal of Legal Ethics 601 (Summer, 2016) |
In response to past generations of debates regarding whether law is a business or profession, we advance an alternative approach that rejects the dichotomies of business and profession, or hired gun and wise counselor. Instead, we propose a relational account of law practice. Unlike frameworks grounded in assumptions of atomistic individualism or... |
2016 |
Yes |
| Michael Omi , Howard Winant |
BLINDED BY SIGHT: THE RACIAL BODY AND THE ORIGINS OF THE SOCIAL CONSTRUCTION OF RACE |
41 Law and Social Inquiry 1062 (Fall, 2016) |
Obasogie, Osagie K. 2013. Blinded by Sight: Seeing Race Through the Eyes of the Blind. Stanford, CA: Stanford University Press. Osagie K. Obasogie's Blinded by Sight: Seeing Race through the Eyes of the Blind (2014) makes important contributions to both to the sociology of law and to critical race studies. The book challenges colorblind racial... |
2016 |
Yes |
| Devon W. Carbado |
BLUE-ON-BLACK VIOLENCE: A PROVISIONAL MODEL OF SOME OF THE CAUSES |
104 Georgetown Law Journal 1479 (August, 2016) |
This Article offers a theoretical model that explains the persistence of what I will call blue-on-black violence. Six features comprise the model. First, a variety of social forces converge to make African-Americans vulnerable to ongoing police surveillance and contact. Second, the frequency of this surveillance and contact exposes... |
2016 |
Yes |
| Chad G. Marzen , William Woodyard II |
CATHOLIC SOCIAL TEACHING, THE RIGHT TO IMMIGRATE, AND THE RIGHT TO REGULATE BORDERS: A PROPOSED SOLUTION FOR COMPREHENSIVE IMMIGRATION REFORM BASED UPON CATHOLIC SOCIAL PRINCIPLES |
53 San Diego Law Review 781 (Fall, 2016) |
C1-2Table of Contents Introduction. 783 I. The Current Debate Concerning Immigration Reform. 793 A. Immigration to the U.S.--Statistical Trends and the Emerging Issues of Immigration to the U.S. 793 B. Background of Key Modern Immigration Laws. 794 1. The Immigration Reform and Control Act of 1986. 795 2. Illegal Immigration Reform and Immigrant... |
2016 |
Yes |
| Kim E. Clark |
CRITICAL RACE THEORY, TRANSFORMATION AND PRAXIS |
45 Southwestern Law Review 795 (2016) |
I suggest that through Critical Race Theory (CRT), race can or should become the preamble to all the social justice work we do. This can be achieved by engaging in what I call oppositional cultural practice (the process of inward and outward criticism and critique that brings about a spiritual transformation that then provides space to create and... |
2016 |
Yes |
| R. Mark Frey |
CRITICAL RACE THEORY: THE CUTTING EDGE (THIRD EDITION) EDITED BY RICHARD DELGADO AND JEAN STEFANCIC TEMPLE UNIVERSITY PRESS, PHILADELPHIA, PA, 2013. 839 PAGES, $99.50 (CLOTH), $55.95 (PAPER) |
63-APR Federal Lawyer 79 (April, 2016) |
On July 4, 1992, in Philadelphia, former Supreme Court Justice Thurgood Marshall received the Liberty Medal from the National Constitution Center, and, during his acceptance speech, he voiced frustration with our nation's failure to come to grips with race and racism: I wish I could say that racism and prejudice were only distant memories. I wish I... |
2016 |
Yes |
| Mario L. Barnes |
EMPIRICAL METHODS AND CRITICAL RACE THEORY: A DISCOURSE ON POSSIBILITIES FOR A HYBRID METHODOLOGY |
2016 Wisconsin Law Review 443 (2016) |
Introduction. 444 I. Origin Stories. 448 II. Considering What It Means To Do e-CRT. 454 A. e-CRT and Collaborative Form as Method. 455 1. Solo Cross-Disciplinarians. 456 2. Fruitful Collaborations. 459 3. Theory Engagers. 460 4. Empirical Diviners. 463 B. Giving Space to Initial Formations but with a Watchful Eye. 465 III. Challenges. 468 A.... |
2016 |
Yes |
| Steven W. Bender |
FOREWORD: NOW, MORE THAN EVER: REFLECTIONS ON LATCRIT AT TWENTY |
37 Whittier Law Review 335 (Spring, 2016) |
More than twenty years ago, as an untenured law professor, I flew to Puerto Rico to participate in a 1995 colloquium on Latinas/os and critical race theory. Sponsored by the Latino Law Professor section of the Hispanic National Bar Association, the event was part of the HNBA's annual meeting. Seated together in front of me on the plane for the... |
2016 |
Yes |
| L. Darnell Weeden |
IN FISHER v. UNIVERSITY OF TEXAS DERRICK BELL'S INTEREST CONVERGENCE THEORY IS ON A COLLISION COURSE WITH THE VIEWPOINT DIVERSITY RATIONALE IN HIGHER EDUCATION |
2016 Utah Law Review OnLaw 101 (2016) |
Professor Derrick Bell is necessarily and properly acknowledged because of his leading community service as a civil rights lawyer, a scholarly intellectual, law professor, and political activist. Professor Derrick Bell helped to set in place the basis for Critical Race Theory. After Professor Bell became a member of the faculty of Harvard Law... |
2016 |
Yes |
| Lauren B. Edelman , Aaron C. Smyth, Asad Rahim |
LEGAL DISCRIMINATION: EMPIRICAL SOCIOLEGAL AND CRITICAL RACE PERSPECTIVES ON ANTIDISCRIMINATION LAW |
12 Annual Review of Law and Social Science 395 (2016) |
workplace inequality, organizations, critical race theory, antidiscrimination law, civil rights, race The topic of workplace discrimination has received considerable attention in both empirical sociolegal scholarship and critical race theory. This article reviews the insights of both bodies of literature and draws on those insights to highlight a... |
2016 |
Yes |
| Geoff Ward |
MICROCLIMATES OF RACIAL MEANING: HISTORICAL RACIAL VIOLENCE AND ENVIRONMENTAL IMPACTS |
2016 Wisconsin Law Review 575 (2016) |
This article examines the socially constitutive force of historical racial violence, dimensions and mechanisms of environmental impact, enduring questions, and remedial implications. I stress the importance of empirical scrutiny of racial violence since the nineteenth century, both for the development of critical race perspective on its social... |
2016 |
Yes |
| Robert Rubinson |
OF GRIDS AND GATEKEEPERS: THE SOCIOECONOMICS OF MEDIATION |
17 Cardozo Journal of Conflict Resolution 873 (Spring 2016) |
Mediation scholars have long debated which mediator style or model is correct. The origin of the debate arises from a foundational piece of scholarship by Leonard Riskin. Riskin proposed a grid of mediator orientations comprised of what came to be known as facilitative mediation and evaluative mediation. A more recent addition to the... |
2016 |
Yes |
| Chandra L. Ford |
PUBLIC HEALTH CRITICAL RACE PRAXIS: AN INTRODUCTION, AN INTERVENTION, AND THREE POINTS FOR CONSIDERATION |
2016 Wisconsin Law Review 477 (2016) |
The field of Public Health has a progressive history of working with vulnerable communities to promote the health of all their residents, but it also has a complicated and problematic relationship to race. Its roles in racializing populations and disease as well as promoting scientific racism are well documented. At the same time, anti-racism... |
2016 |
Yes |
| Alfredo Mirandé |
RASCUACHE LAWYERING: A CHICANA/O VISION OF REBELLIOUS LAW PRACTICE, PEDAGOGY, AND CLIENTS |
23 Clinical Law Review 217 (Fall, 2016) |
This essay uses storytelling and the narrative method of Critical Race Theory to address current issues in progressive law practice. Specifically, it seeks to expand on Gerald López's vision of Rebellious Lawyering by applying the Mexican concept of rascuache or rascuachismo, a bottom up have not aesthetic and sensibility. By focusing on... |
2016 |
Yes |
| Amanda Carlin |
THE COURTROOM AS WHITE SPACE: RACIAL PERFORMANCE AS NONCREDIBILITY |
63 UCLA Law Review 450 (February, 2016) |
Central to critical race theory (CRT) is the notion that law is constitutive (and not merely reflective) of race. This Comment operates within the CRT tradition to point to the development of the courtroom as white space and the construction of legal narrative and legal truth as distinctly white. It traces the exclusion of people of color from the... |
2016 |
Yes |
| Brett G. Johnson |
THE HECKLER'S VETO: USING FIRST AMENDMENT THEORY AND JURISPRUDENCE TO UNDERSTAND CURRENT AUDIENCE REACTIONS AGAINST CONTROVERSIAL SPEECH |
21 Communication Law and Policy 175 (Spring, 2016) |
Pundits have recently used the term heckler's veto to describe instances in which vocal audiences seek to silence offensive or controversial speech by putting pressure on institutions that control the private forums that host the speech. The use of the term in these contexts, however, fails to take into account the jurisprudential nuances of the... |
2016 |
Yes |
| Paul Butler |
THE SYSTEM IS WORKING THE WAY IT IS SUPPOSED TO: THE LIMITS OF CRIMINAL JUSTICE REFORM |
104 Georgetown Law Journal 1419 (August, 2016) |
Ferguson has come to symbolize a widespread sense that there is a crisis in American criminal justice. This Article describes various articulations of what the problems are and poses the question of whether law is capable of fixing these problems. I consider the question theoretically by looking at claims that critical race theorists have made... |
2016 |
Yes |