AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Richard Delgado, , Jean Stefancic , Juan F. Perea AUTHORS' REPLY 12 Harvard Latino Law Review 103 (Spring 2009) We'd like to thank Michael Olivas for his witty, compassionate, and thoughtful introduction. He captures well the many dimensions, positive and negative, of the casebook-writing enterprise. We are also indebted to Rodolfo Acuña, Gerald López, Cristina Rodríguez, Leticia Saucedo, Keith Aoki, and Kevin Johnson for contributing their thoughts on... 2009 Yes
Angela Onwuachi-Willig CELEBRATING CRITICAL RACE THEORY AT 20 94 Iowa Law Review 1497 (July, 2009) The year 2009 marks the twentieth anniversary of the first Critical Race Theory (CRT) workshop. On July 8, 1989, more than twenty scholars who were interested in defining and elaborating on the lived reality of race, and who were open to the aspiration of developing theory gathered together at a workshop in Madison, Wisconsin. The 1989 workshop,... 2009 Yes
Deleso Alford Washington CRITICAL RACE FEMINIST BIOETHICS: TELLING STORIES IN LAW SCHOOL AND MEDICAL SCHOOL IN PURSUIT OF "CULTURAL COMPETENCY" 72 Albany Law Review 961 (2009) I know Sisters. I know Sisters who lived lives full enough to be stories- Her-stories untold, Carried through the heartbeat of mother's wit . . . all the time being othered by legal fictions that turn humans to chattel property; Allowing her and her-story to be created, bought and sold. I know Sisters. Sister Anarcha got a story for all to... 2009 Yes
Christian Halliburton FOREWORD 8 Seattle Journal for Social Justice 1 (Fall/Winter 2009) The Thirteenth Annual LatCrit Conference (LatCrit XIII) was held in the shadow of what then promised, and ultimately proved, to be a watershed moment in the social and political history of this country. The 2008 presidential race between Senators Barack Obama and John McCain appeared as a potential fork in the road for the country, if only because... 2009 Yes
Rachel J. Anderson FROM IMPERIAL SCHOLAR TO IMPERIAL STUDENT: MINIMIZING BIAS IN ARTICLE EVALUATION BY LAW REVIEWS 20 Hastings Women's Law Journal 197 (Summer 2009) Law professors have been complaining about student-run law reviews for decades; an expression of dissatisfaction with the evaluation of legal scholarship and selection of articles by law students is not new. Corporate law scholars complain that students are not interested in publishing scholarship on corporate issues. Critical race scholars... 2009 Yes
Adrien Katherine Wing INTERNATIONAL LAW, SECULARISM, AND THE ISLAMIC WORLD 24 American University International Law Review 407 (2009) INTRODUCTION. 407 I. GLOBAL CRITICAL RACE FEMINISM. 409 II. FUNDAMENTALISM IN THE MUSLIM/ARAB WORLD. 414 III. A WESTERN EXAMPLE: FRANCE. 418 IV. THREE EXAMPLES FROM THE MUSLIM/ARAB WORLD. 420 A. Turkey. 420 B. Tunisia. 422 C. Palestine. 424 V. PRAXIS. 425 CONCLUSION. 427 2009 Yes
Sheila Simon JAZZ AND FAMILY LAW: STRUCTURES, FREEDOMS, AND SOUND CHANGES 42 Indiana Law Review 567 (2009) Comparisons help us learn, and thanks to the Midwest Family Law Conference, Jazzing up Family Law, we can learn what jazz teaches us about family law. Studying law through music is not a new idea. In fact, it has been around since Plato. Also, jazz has been a source of comparison in studying democracy, adjudication, critical race theory, property... 2009 Yes
Richard Delgado LIBERAL MCCARTHYISM AND THE ORIGINS OF CRITICAL RACE THEORY 94 Iowa Law Review 1505 (July, 2009) I. Introduction. 1506 II. Critical Race Theory: Three Stories of Origin. 1510 A. The Harvard Story. 1511 B. The Berkeley Story. 1513 C. The Los Angeles Story. 1513 D. Who Founded Critical Race Theory?. 1514 III. Liberal McCarthyism and the Fates of Four Professors. 1515 A. A Fellowship of Visionaries: Kingman Brewster, James Conant, Clark Kerr, and... 2009 Yes
Maria C. Malagon, Lindsay Perez Huber, Veronica N. Velez, University of California, Los Angeles OUR EXPERIENCES, OUR METHODS: USING GROUNDED THEORY TO INFORM A CRITICAL RACE THEORY METHODOLOGY 8 Seattle Journal for Social Justice 253 (Fall/Winter 2009) As critical race scholars in the field of education, we created this research note in response to our collective frustration with traditional, qualitative research methods to accurately understand and document the complex experiences of Students of Color, their families, and their communities. We experienced this frustration not only in searching... 2009 Yes
Trina Jones RACE, ECONOMIC CLASS, AND EMPLOYMENT OPPORTUNITY 72 Law and Contemporary Problems 57 (Fall 2009) Of the 146,047,000 civilians in the U.S. labor force in 2007, approximately 82% identified themselves as White, 11% as Black or African American, 14% as of Hispanic or Latino/a ethnicity, and 5% as Asian. That year, the median household income for all racial groups was $50,233. With a poverty threshold of $21,027 for a family of four, the median... 2009 Yes
Adrien Katherine Wing SPACE TRADERS FOR THE TWENTY-FIRST CENTURY 11 Berkeley Journal of African-American Law & Policy 49 (2009) In this year celebrating the twentieth anniversary of the Critical Race Theory (CRT) workshop, it is imperative to revisit CRT founder and New York University Law Professor Derrick Bell's The Space Traders, one of the major pieces in the CRT corpus. Part I of this essay will provide historical background about Critical Race Theory and Professor... 2009 Yes
Melissa Murray STRANGE BEDFELLOWS: CRIMINAL LAW, FAMILY LAW, AND THE LEGAL CONSTRUCTION OF INTIMATE LIFE 94 Iowa Law Review 1253 (May, 2009) I. Introduction. 1255 II. Crime and the Family: The Traditional Narrative. 1258 III. The Private Life of Criminal Law. 1264 IV. Strange Bedfellows: Criminal Law and Family Law in State v. Koso. 1273 A. The Facts. 1275 B. Revealing Criminal Law and Family Law's Cooperative Regulation. 1277 C. Producing a Binary View of Intimate Life. 1279 1. The... 2009 Yes
Alex M. Johnson, Jr. THE RE-EMERGENCE OF RACE AS A BIOLOGICAL CATEGORY: THE SOCIETAL IMPLICATIONS--REAFFIRMATION OF RACE 94 Iowa Law Review 1547 (July, 2009) I. Introduction. 1548 II. Placing Race in Context: Defining the Issue. 1558 A. An Historical Analysis. 1558 B. Realists and Antirealists--Competing Constructions of Race in the Legal Community. 1567 III. The Societal Costs of Using Race in Biomedical Research. 1573 IV. Ethnicity Versus Race: Developing a New, Softer Paradigm. 1579 V. Conclusion.... 2009 Yes
Carla D. Pratt WAY TO REPRESENT: THE ROLE OF BLACK LAWYERS IN CONTEMPORARY AMERICAN DEMOCRACY 77 Fordham Law Review 1409 (March, 2009) It is an axiomatic principle of constitutional law that our nation was founded as a race-conscious liberal democracy. The U.S. Constitution, as originally drafted and adopted, recognized as citizens only those persons who could be considered racially white. The U.S. Supreme Court, in its infamous Dred Scott v. Sandford decision, held that persons... 2009 Yes
Phyllis E. Bernard WHAT SOME THEORIES SAY; WHAT SOME MEDIATORS KNOW 15 Dispute Resolution Magazine 6 (Spring, 2009) For a generation, scholars on racism in America have argued that minorities probably cannot expect to receive justice through the informal process of mediation. Critical race theory (CRT) holds that minorities will likely find fairness only in a courtroom, where formality and the law constrain pervasive prejudice. When Professor Richard Delgado... 2009 Yes
Alia Malek "DYING WITH THE WRONG NAME:" THE ROLE OF LAW IN RACIALIZING AND ERASING ARABS IN AMERICA 1 Georgetown Journal of Law & Modern Critical Race Perspectives 211 (Fall, 2009) And what is it to acknowledge the laws but to stoop down and trace their shadows upon the earth? If Arabs did not exist in every American's consciousness before the events of September 11, 2001--whether as a part of America's melting pot society and history or as a group of people generally from the Middle East --after the tragedy, they surely... 2009  
Yxta Maya Murray A JURISPRUDENCE OF NONVIOLENCE 9 Connecticut Public Interest Law Journal 65 (Fall-Winter, 2009) Is there a way we could theorize about law that would make the world a less violent place? In the 1980s, cultural, or different voice, feminist legal theory seemed poised to take up the mantles of Mohandas Gandhi and Martin Luther King by incorporating nonviolent values into society and the law. Based on the work of psychologist Carol Gilligan,... 2009  
Marc-Tizoc González , Yanira Reyes-Gil , Belkys Torres , Charles R. Venator-Santiago AFTERWORD: CHANGE AND CONTINUITY: AN INTRODUCTION TO THE LATCRIT TASKFORCE RECOMMENDATIONS 8 Seattle Journal for Social Justice 303 (Fall/Winter 2009) For the past thirteen years, the LatCrit community has gathered annually to produce knowledge and promote praxis focused on the transformation of subordinate society. In doing so, the LatCrit experiment in critical outsider jurisprudence is both ordinary and unique. Our efforts are ordinary in that many, if not most, genres of critical outsider... 2009  
Anthony V. Alfieri AGAINST PRACTICE 107 Michigan Law Review 1073 (April, 2009) Educating Lawyers: Preparation for the Profession of Law. By William M. Sullivan, Anne Colby, Judith Welsh Wegner, Lloyd Bond & Lee S. Shulman. San Francisco: John Wiley & Sons, Inc. 2007. Pp. x, 225. $40. [T]he challenge of professional preparation for the law [is] linking the interests of educators with the needs of practitioners and the members... 2009  
Vinay Harpalani AMBIGUITY, AMBIVALENCE, AND AWAKENING: A SOUTH ASIAN BECOMING "CRITICALLY" AWARE OF RACE IN AMERICA 11 Berkeley Journal of African-American Law & Policy 71 (2009) Japanese Beetle! Japanese Beetle! It is the fall of 1979, and my earliest memories of kindergarten class are not so pleasant. Several young children are darting around me in circles, repeatedly yelling, Japanese Beetle! At a mere five years of age, I understood all too acutely that I was the object of relentless teasing, but I did not think... 2009  
Dan Subotnik ARE LAW SCHOOLS RACIST?--PART II 43 University of San Francisco Law Review 761 (Spring 2009) [I]n things racial we have always been, and we, I believe, continue to be, in too many ways, essentially a nation of cowards. . . . [W]e, average Americans, simply do not talk enough with each other enough about things racial. . . . [I]f we are to make progress in this area, we must feel comfortable enough with one another and tolerant enough of... 2009  
Ann Mallatt Killenbeck BAKKE, WITH TEETH?: THE IMPLICATIONS OF GRUTTER v. BOLLINGER IN AN OUTCOMES-BASED WORLD 36 Journal of College and University Law 1 (2009) I. The Diversity Rationale: From Intuition to Fact. 9 A. The Early Evolution of Affirmative Action and The Diversity Rationale. 10 B. The Embrace of Intuition-Based Analysis in Bakke. 15 C. Post-Bakke Reaction. 17 D. Diversity at the University of Michigan Pre-Grutter and Gratz. 20 E. The Shift to Fact-Based Analysis in Grutter and Gratz. 22 II.... 2009  
Freddy Funes BEYOND THE PLENARY POWER DOCTRINE: HOW CRITICAL RACE THEORY CAN HELP MOVE US PAST THE CHINESE EXCLUSION CASE 11 Scholar: St. Mary's Law Review on Minority Issues 341 (Spring 2009) I. Introduction. 341 II. A Nation of (Mistreated) Immigrants. 343 A. A Short Sample of Immigration History. 343 1. The Chinese, California, and the Exclusion Act. 343 2. The Bracero Program and Labor Shortages. 347 B. The Plenary Power Doctrine: Fictional Sovereignty. 351 III. The Plenary Power Doctrine Fallacy. 354 A. Doctrinally Unsound. 355 B.... 2009  
  BIBLIOGRAPHY 10 Rutgers Race & the Law Review 583 (2009) 1. Race and the Law in Society 1.0 General Margalynne J. Armstrong & Stephanie M. Wildman, Teaching Race/Teaching Whiteness: Transforming Colorblindness to Color Insight, 86 N.C. L. Rev. 635 (2008). Professor Robert Ashford, Empowering People with the Right to Acquire Capital with the Earnings of Capital: A Binary Approach to the Economic... 2009  
  BOOK NOTES 34 Law and Social Inquiry 509 (Spring, 2009) L1-2CONTENTS Civil Liberties. 510 Human Rights. 510 Criminal Justice and Social Control. 510 Public Regulation. 511 Judicial Power and Decision Making. 512 Courts and Judges. 512 Famous Trials. 513 Legal Profession. 513 Constitutional Theory and History. 513 US Legal History. 514 Rule of Law. 514 Transformation of Legal Systems. 514 International... 2009  
Shani King CHALLENGING MONOHUMANISM: AN ARGUMENT FOR CHANGING THE WAY WE THINK ABOUT INTERCOUNTRY ADOPTION 30 Michigan Journal of International Law 413 (Winter 2009) I. Intercountry Adoption: A Brief History. 419 II. Intercountry Adoption in Legal Scholarship and the Emergence of MonoHumanism. 426 A. Post-Colonialism and Intercountry Adoption. 426 B. Through the Post-Colonial Lens: Myths and Othering Processes in Law Review Articles on the Subject of Intercountry Adoption. 428 1. Narrative One: The Humanitarian... 2009  
Marc-Tizoc González CLUSTER INTRODUCTION: EDUCATION AND PEDAGOGY: COUNTER-DISCIPLINARITY IN THE CRITICAL EDUCATION TRADITION IN LATCRIT THEORY 8 Seattle Journal for Social Justice 107 (Fall/Winter 2009) Five essays constitute the Education and Pedagogy cluster of the LatCrit XIII symposium, published as a result of the proceedings of the Thirteenth Annual Latina/o Critical Legal Theory (LatCrit) Conference, held in Seattle, Washington, in October 2008, which was thematically oriented around the notion of Representation and Republican... 2009  
Rhonda V. Magee COMPETING NARRATIVES, COMPETING JURISPRUDENCES: ARE LAW SCHOOLS RACIST? AND THE CASE FOR AN INTEGRAL CRITICAL APPROACH TO THINKING, TALKING, WRITING, AND TEACHING ABOUT RACE 43 University of San Francisco Law Review 777 (Spring 2009) SINCE YOU ARE READING THESE words --the second in a series of essays written by me and printed by this Law Review, the sixth in a series of articles including writings from the two other law professors in this colloquy--you deserve to know that as I write this by hand, and only minutes after getting out of bed, I have not properly composed myself.... 2009  
Nick J. Sciullo CONVERSATIONS WITH THE LAW: IRONY, HYPERBOLE, AND IDENTITY POLITICS OR SAKE PASE? WYCLEF JEAN, SHOTTAS, AND HAITIAN JACK: A HIP-HOP CREOLE FUSION OF RHETORICAL RESISTANCE TO THE LAW 34 Oklahoma City University Law Review 455 (Fall 2009) [O]ur music is more rebel music. We do music for society, for hum[y]nity, to help and to heal. -- Wyclef Jean This article sets out to prove why the law must be investigated in an interdisciplinary fashion which invites an intersection between law, popular culture, and identity politics. First, this article describes how Wyclef Jean, a hip-hop... 2009  
Bryan Adamson CRITICAL ERROR: COURTS' REFUSAL TO RECOGNIZE INTENTIONAL RACE DISCRIMINATION FINDINGS AS CONSTITUTIONAL FACTS 28 Yale Law and Policy Review 1 (Fall 2009) Introduction. 2 I. The (Rule 52(a)) Standard Contingencies. 9 A. The Law-Fact Dichotomy . 10 B. The Procedure-Substance Dichotomy . 17 II. Standards of Review. 19 A. Clear Error Review. 20 B. De Novo Review. 23 C. Independent Appellate Judgment as a Matter of Constitutional Obligation. 24 III. Rule 52(a) and Institutional Values. 29 A.... 2009  
Richard Delgado , Jean Stefancic CROSSOVER 33 American Indian Law Review 1 (2008-2009) Most of the contributors to this symposium-probably many of the readers, too-are either scholars of color or fellow travelers who write about indigenous or minority issues. Some are legal scholars who write about discrimination, sovereignty, treaty rights, and other issues affecting communities of color. Others are novelists or poets who write... 2009  
Harvey Gee CROSS-RACIAL EYEWITNESS IDENTIFICATION, JURY INSTRUCTIONS, AND JUSTICE 11 Rutgers Race & the Law Review 70 (2009) The House and Senate are attempting to pass legislation to curb crime and ensure fairness to criminal offenders. Earlier this year, hearings were held to address disparities in sentencing and the feasibility of a five-year pilot program addressing racial and ethnic bias in the criminal justice system. Congress is also seeking to reauthorize the... 2009  
Augustine F. Romero, Ph.D. , Martin Sean Arce, ABD CULTURE AS A RESOURCE: CRITICALLY COMPASSIONATE INTELLECTUALISM AND ITS STRUGGLE AGAINST RACISM, FASCISM, AND INTELLECTUAL APARTHEID IN ARIZONA 31 Hamline Journal of Public Law and Policy 179 (Fall 2009) Is diversity a problem or is it a resource? That is the question that we will answer in this paper. Over the last two and half years we have encountered many ultra-conservative elected officials at the state level who operate from the perspective that diversity is a problem that must eliminated through the a process of homogenizing the academic... 2009  
Michael J. Malinowski DEALING WITH THE REALITIES OF RACE AND ETHNICITY: A BIOETHICS-CENTERED ARGUMENT IN FAVOR OF RACE-BASED GENETICS RESEARCH 45 Houston Law Review 1415 (Winter 2009) I. Introduction. 1417 II. Measuring the Genetic Reality of Race, Then and Now. 1425 A. Genetic Anthropology and Evolutionary Biology. 1426 B. The Social Scientists. 1427 C. The Surge in Population Genetics. 1429 III. The Ongoing Debate Over Race-Based Research. 1433 A. Opponents. 1433 B. Proponents. 1439 C. The Debate Applied: HapMap and BiDil.... 2009  
Susan D. Carle DEBUNKING THE MYTH OF CIVIL RIGHTS LIBERALISM: VISIONS OF RACIAL JUSTICE IN THE THOUGHT OF T. THOMAS FORTUNE, 1880-1890 77 Fordham Law Review 1479 (March, 2009) This essay addresses the development of American understandings of the various roles of lawyers in building democracy by focusing on legal reform efforts in the American civil rights movement. In recent years, the supposed achievements of that movement have come under attack as part of a critique of the ideology of legal liberalism. That critique... 2009  
Chauncee D. Smith DECONSTRUCTING THE PIPELINE: EVALUATING SCHOOL-TO-PRISON PIPELINE EQUAL PROTECTION CASES THROUGH A STRUCTURAL RACISM FRAMEWORK 36 Fordham Urban Law Journal 1009 (November, 2009) A man working in a munitions factory explains that he is not killing; he's just trying to get out a product. The same goes for the man who crates bombs in that factory. He's just packaging a product. He's not trying to kill anyone. So it goes until we come to the pilot who flies the plane that drops the bomb. Killing anyone? Certainly not, he's... 2009  
James Forman, Jr. EXPORTING HARSHNESS: HOW THE WAR ON CRIME HELPED MAKE THE WAR ON TERROR POSSIBLE 33 New York University Review of Law and Social Change 331 (2009) During the Bush administration, opponents of the prosecution of the war on terror routinely denounced it as a betrayal of American values. The narrative went like this: the United States has a long-standing commitment to human rights and due process, reflected in its domestic criminal justice system's expansive protections, but after September 11,... 2009  
Richard Delgado , Jean Stefancic FOUR OBSERVATIONS ABOUT HATE SPEECH 44 Wake Forest Law Review 353 (Summer 2009) In August 2008, the Oregon Supreme Court reversed the conviction of a motorist who engaged in a shouting match with two women, one white, the other black, on a public highway. The automobile in which the two women were riding sported a rainbow decal on the rear bumper, which prompted the defendant, who was named Johnson, to believe that the two... 2009  
Robin West FROM CHOICE TO REPRODUCTIVE JUSTICE: DE-CONSTITUTIONALIZING ABORTION RIGHTS 118 Yale Law Journal 1394 (May, 2009) The Essay argues that the right to abortion constitutionalized in Roe v. Wade is by some measure at odds with a capacious understanding of the demands of reproductive justice. No matter its rationale, the constitutional right to abortion is fundamentally a negative right that rhetorically keeps the state out of the domain of family life. As such,... 2009  
Ryan Patrick Alford HOW DO YOU TRIM THE SEAMLESS WEB? CONSIDERING THE UNINTENDED CONSEQUENCES OF PEDAGOGICAL ALTERATIONS 77 University of Cincinnati Law Review 1273 (Summer 2009) [I]f he be uninstructed in the elements and first principles upon which the rule of practice is founded, the least variation from established precedents will totally distract and bewilder him; ita lex scripta est is the utmost his knowledge will arrive at; he must never aspire to form, and seldom expect to comprehend any arguments drawn a priori... 2009  
Taylor Flynn INSTANT (GENDER) MESSAGING: EXPRESSION-BASED CHALLENGES TO STATE ENFORCEMENT OF GENDER NORMS 18 Temple Political & Civil Rights Law Review 465 (Spring 2009) Statements of identity, without more, have long been a potent form of demand for inclusion and equal treatment. Consider the signs carried by workers, most of whom were African American, during the 1968 Memphis sanitation strike during which Dr. Martin Luther King, Jr., was assassinated. They read, quite simply, I AM A MAN. Or, consider the... 2009  
Justin Hansford JAILING A RAINBOW: THE MARCUS GARVEY CASE 1 Georgetown Journal of Law & Modern Critical Race Perspectives 325 (Fall, 2009) It may be true that Garvey fancied himself a Moses, if not a Messiah; that he deemed himself a man with a message to deliver, and believed that he needed ships for the deliverance of his people; but with this assumed, it remains true that if his gospel consisted in part of exhortations to buy worthless stock, accompanied by deceivingly false... 2009  
Anthony V. Alfieri JIM CROW ETHICS AND THE DEFENSE OF THE JENA SIX 94 Iowa Law Review 1651 (July, 2009) ABSTRACT: This Article is the second in a three-part series on the 2006 prosecution and defense of the Jena Six in LaSalle Parish, Louisiana. The series, in turn, is part of a larger, ongoing project investigating the role of race, lawyers, and ethics in the American criminal-justice system. The purpose of the project is to understand the... 2009  
Allen R. Kamp JURISPRUDENCE: A BEGINNER'S SIMPLE AND PRACTICAL GUIDE TO ADVANCED AND COMPLEX LEGAL THEORY 2 the crit: a Critical Studies Journal 62 (Spring, 2009) By now, if the first year curriculum, teaching method, and subject matter--the entire culture of the first year of law school--has achieved its desired goal, you should be in a state of total befuddlement. Why the legal academy has chosen this strategy, these tactics, and its ultimate goal is a good question, but I am not even going to attempt to... 2009  
Dean Spade KEYNOTE ADDRESS: TRANS LAW REFORM STRATEGIES, CO-OPTATION, AND THE POTENTIAL FOR TRANSFORMATIVE CHANGE 30 Women's Rights Law Reporter 288 (Winter 2009) This symposium occurs in an interesting moment for the institutionalization or consolidation of the concept of transgender law. This semester, three symposia focused on trans law took place at three separate law schools, and an additional symposium on this topic is planned for Fall 2008. To my knowledge, no prior symposia focused exclusively on... 2009  
Keith Aoki , Kevin R. Johnson LATINOS AND THE LAW: CASES AND MATERIALS: THE NEED FOR FOCUS IN CRITICAL ANALYSIS 12 Harvard Latino Law Review 73 (Spring 2009) Latinos and the Law: Cases and Materials represents an important contribution to the scholarship on Latina/o civil rights. A crisp read, the casebook nicely builds on the excellent reader, The Latino/a Condition, edited by Richard Delgado and Jean Stefancic, published a decade previously. The volume effectively pulls together basic materials... 2009  
Palma Joy Strand LAW AS STORY: A CIVIC CONCEPT OF LAW (WITH CONSTITUTIONAL ILLUSTRATIONS) 18 Southern California Interdisciplinary Law Journal 603 (Spring 2009) This Article introduces a civic concept of law, which emphasizes that law is grounded in citizens. This view of law is consonant with the powerful themes of broad civic contribution in the recent political campaign of Barack Obama, and it challenges approaches to law, such as originalism, that emphasize tight control. Just as everyone can... 2009  
Jonathan Todres LAW, OTHERNESS, AND HUMAN TRAFFICKING 49 Santa Clara Law Review 605 (2009) Until lions have their historians, tales of the hunt shall always glorify the hunters. -- African Proverb A gross violation of human rights, slavery has been condemned globally and is viewed by most as a terrible relic of the past. Yet the incidence of human trafficking--a modern form of the slave trade --persists and, in fact, continues to grow.... 2009  
Peter Halewood LAYING DOWN THE LAW: POST-RACIALISM AND THE DE-RACINATION PROJECT 72 Albany Law Review 1047 (2009) During the run-up to the 2008 Presidential election, the following essay by Tim Wise was widely circulated on the web and by email. At least half a dozen friends emailed it to me: For those who still can't grasp the concept of white privilege, or who are looking for some easy-to-understand examples of it, perhaps this list will help. White... 2009  
Stephanie L. Plotin LEGAL SCHOLARSHIP, ELECTRONIC PUBLISHING, AND OPEN ACCESS: TRANSFORMATION OR STEADFAST STAGNATION? 101 Law Library Journal 31 (Winter, 2009) This article uses a social shaping of technology perspective, which studies the complex interactions between technology and the culture of a discipline, to investigate the evolution of legal scholarship in the digital age, and to determine how the open access movement has influenced various forms of legal scholarship, particularly law reviews,... 2009  
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