AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Nancy J. Knauer LGBT ELDER LAW: TOWARD EQUITY IN AGING 32 Harvard Journal of Law & Gender 1 (Winter 2009) I. LGBT Elders. 8 A. The Numbers. 9 B. The Making of the Pre-Stonewall Generation. 16 1. History. 17 2. The Psychoanalytic Model of Homosexuality. 21 II. Ageism and Homophobia. 25 A. The Invisibility of LGBT Elders: The De-Sexualized Senior and the Hypersexual Homosexual. 26 B. Ageism within the LGBT Community. 29 1. Age Cohorts and Ageism within... 2009  
Denise Pacheco, Veronica Nelly Velez, University of California, Los Angeles, Graduate School of Education and Information Studies, University of California, Los Angeles, Graduate School of Education and Information Studies MAPS, MAPMAKING, AND CRITICAL PEDAGOGY: EXPLORING GIS AND MAPS AS A TEACHING TOOL FOR SOCIAL CHANGE 8 Seattle Journal for Social Justice 273 (Fall/Winter 2009) I was nervous standing in front of my family, over one hundred community members, and the Pasadena School Board. I checked and double-checked my computer, power point slides, and notes one last time. The GIS maps I had spent months creating were ready to go--but was I? I gazed out into the audience at each one of the parents, students, and... 2009  
Margaret Montoya , Christine Zuni Cruz , Interviewed by Gene Grant NARRATIVE BRAIDS: PERFORMING RACIAL LITERACY 33 American Indian Law Review 153 (2008-2009) I am from Oke Owingeh and Isleta Pueblo. My mother is from Oke Owingeh. I am a member of my father's Pueblo, the Pueblo of Isleta. - Professor Christine Zuni Cruz I was born in Las Vegas, New Mexico, to Ricardo Montoya and Virginia Alarid Montoya. One of the earliest memories from my school years is of my mother braiding my hair, making my... 2009  
Mitchell F. Crusto OBAMA'S MORAL CAPITALISM: RESUSCITATING THE AMERICAN DREAM 63 University of Miami Law Review 1011 (July, 2009) Fairness is a fundamental principle of American culture. Is it also a constitutional principle to redress economic oppression? Simply, does the U.S. Constitution protect its citizens from predatory lending practices? Will President Obama's call for empathy in constitutional jurisprudence protect America's middle and under-privileged classes from... 2009  
Ezra Rosser ON BECOMING "PROFESSOR": A SEMI-SERIOUS LOOK IN THE MIRROR 36 Florida State University Law Review 215 (Winter, 2009) Were this a typical law review article, I would begin by hinting-in less than three sentences-at a broad theory that would revolutionize the field reflected in the article. What I would actually be doing is attempting to use enough big words to disguise the fact that instead of being a presentation of a transformative idea, the only original... 2009  
Audrey G. McFarlane OPERATIVELY WHITE?: EXPLORING THE SIGNIFICANCE OF RACE AND CLASS THROUGH THE PARADOX OF BLACK MIDDLE-CLASSNESS 72 Law and Contemporary Problems 163 (Fall 2009) Analytically race and class are theoretically distinct. Realistically in the US they are indistinguishable. [R]ace is . . . the modality in which class is lived . . . . No current discussion of race in the United States is complete without acknowledging the interaction of race and class. Both are overlapping categories of identity that lead to... 2009  
Frank Rudy Cooper OUR FIRST UNISEX PRESIDENT?: BLACK MASCULINITY AND OBAMA'S FEMININE SIDE 86 Denver University Law Review 633 (2009) People often talk about the significance of Barack Obama's status as our first black President. During the 2008 Presidential campaign, however, a newspaper columnist declared, If Bill Clinton was once considered America's first black president, Obama may one day be viewed as our first woman president. That statement epitomized a large media... 2009  
I. Bennett Capers POLICING, RACE, AND PLACE 44 Harvard Civil Rights-Civil Liberties Law Review 43 (Winter 2009) Most Americans live in neighborhoods and communities segregated along racial lines, and take this segregation for granted. To the extent they view their communities as racially segregated at all, they assume that this segregation is largely the result of individual choice, socio-economic status, or perhaps a remnant of de jure segregation. The... 2009  
Sumi Cho POST-RACIALISM 94 Iowa Law Review 1589 (July, 2009) ABSTRACT: Rather than treat post-racialism as a political trend or social fact, this Article argues that post-racialism in its current iteration is a twenty-first century ideology that reflects a belief that due to racial progress the state need not engage in race-based decision-making or adopt race-based remedies, and that civil society should... 2009  
Frank Rudy Cooper RACE AND ESSENTIALISM IN GLORIA STEINEM 11 Berkeley Journal of African-American Law & Policy 36 (2009) The book that I have referred to the most since law school is Katherine Bartlett and Roseanne Kennedys' anthology Feminist Legal Theory. The reason it holds that unique place on my bookshelf is that it contains the first copy I read of Angela Harris's essay Race and Essentialism in Feminist Legal Theory. My edition now has at least three layers of... 2009  
Kelly Sarabyn RACIAL AND SEXUAL PATERNALISM 19 George Mason University Civil Rights Law Journal 553 (Summer 2009) Scholars construe the equal protection doctrine in the post-Civil Rights Era as evincing a struggle between the conservative Justices' anti-classification principle and the progressive Justices' anti-subordination principle. After a few indeterminate strikes for each side, the anti-classification principle largely won the battle. Rather than add to... 2009  
Aya Gruber RAPE, FEMINISM, AND THE WAR ON CRIME 84 Washington Law Review 581 (November, 2009) Abstract: Over the past several years, feminism has been increasingly associated with crime control and the incarceration of men. In apparent lock step with the movement of the American penal system, feminists have advocated a host of reforms to strengthen state power to punish gender-based crimes. In the rape context, this effort has produced... 2009  
Iris Halpern RAPE, INCEST, AND HARPER LEE'S TO KILL A MOCKINGBIRD: ON ALABAMA'S LEGAL CONSTRUCTION OF GENDER AND SEXUALITY IN THE CONTEXT OF RACIAL SUBORDINATION 18 Columbia Journal of Gender and Law 743 (2009) In 1960, To Kill a Mockingbird was published to significant popular acclaim: a reception that has proved enduring. Mockingbird remains one of the most widely circulated works in United States history. Curiously enough, however, the nonpareil American novel known for its condemnation of racism has proven itself a more venerable object in the heart... 2009  
Francisco Valdes REBELLIOUS KNOWLEDGE PRODUCTION, ACADEMIC ACTIVISM, & OUTSIDER DEMOCRACY: FROM PRINCIPLES TO PRACTICES IN LATCRIT THEORY, 1995 TO 2008 8 Seattle Journal for Social Justice 131 (Fall/Winter 2009) This annual lecture, as the program schedule indicates, is designed to provide a sense of some notable principles and practices that underlie and animate LatCrit theory, praxis, and community as an expression of critical outsider jurisprudence, or OutCrit legal studies. Because the LatCrit community and body of work are multiply diverse,... 2009  
Audrey G. McFarlane REBUILDING THE PUBLIC-PRIVATE CITY: REGULATORY TAKING'S ANTI-SUBORDINATION INSIGHTS FOR EMINENT DOMAIN AND REDEVELOPMENT 42 Indiana Law Review 97 (2009) The eminent domain debate, steeped in the language of property rights, currently lacks language and conceptual space to address what is really at issue in today's cities: complex, fundamental disagreements between market and community about development. The core doctrinal issue presented by development is how can we acknowledge the subordination of... 2009  
Christina Yang REDEFINING AND RECLAIMING KOREAN ADOPTEE IDENTITY: GRASSROOTS INTERNET COMMUNITIES AND THE HAGUE CONVENTION ON PROTECTION OF CHILDREN AND CO-OPERATION IN RESPECT OF INTERCOUNTRY ADOPTION 16 Asian American Law Journal 131 (2009) My parents told me that summer of my arrival I would sing and talk in Korean. Of course they never knew what I was saying. They also told me that in those first weeks I would run up to the front door, throw my body up against it and cry and cry and say in Korean, Jip e ka le! My sister, born to my parents and age 9 at the time, thought it might... 2009  
Mario L. Barnes REFLECTION ON A DREAM WORLD: RACE, POST-RACE AND THE QUESTION OF MAKING IT OVER 11 Berkeley Journal of African-American Law & Policy 6 (2009) We Dream A World A world I dream where black or white, Whatever race you be, Will share the bounties of the earth And every man is free Fifteen years ago, as a third-year law student, I published my book note in the inaugural issue of the African-American Law and Policy Report (ALPR). The note was inspired both by the book reviewed--Derrick Bell's,... 2009  
Jeannine Bell RESTRAINING THE HEARTLESS: RACIST SPEECH AND MINORITY RIGHTS 84 Indiana Law Journal 963 (Summer, 2009) It may be true that morality cannot be legislated, but behavior can be regulated. The law may not change the heart, but it can restrain the heartless. In Spain on November 17, 2004, during a friendly soccer match between Spain and England, two Black players for the English team were subjected to monkey noises and racist slogans chanted by... 2009  
Harvey Gee REVIEW ESSAY: ASIAN AMERICANS, CRITICAL RACE THEORY, AND THE END OF THE MODEL MINORITY MYTH 19 Temple Political & Civil Rights Law Review 149 (Fall 2009) The Myth of the Model Minority: Asian Americans Facing Racism by Rosalind S. Chou & Joe R. Feagin, Paradigm Publishers, Pp. 251 (2008) Race Law Stories, Foundation Press, Pp. 608 (eds. Rachel F. Moran & Devon W. Carbado 2008) Race issues are rarely spoken about in everyday conversation. In a speech to Justice Department employees marking Black... 2009  
Robert S. Chang RICHARD DELGADO AND THE POLITICS OF CITATION 11 Berkeley Journal of African-American Law & Policy 28 (2009) Twenty-five years ago, Professor Richard Delgado published The Imperial Scholar. The article asserted that a group of white scholars dominated the field of civil rights scholarship to the exclusion of minority scholars. It created a firestorm of sorts with what one critic called a serious charge of invidious racism on the part of respected legal... 2009  
David Gillborn RISK-FREE RACISM: WHITENESS AND SO-CALLED "FREE SPEECH" 44 Wake Forest Law Review 535 (Summer 2009) This Article examines the costs of so-called free speech in relation to race, particularly with reference to debates about a supposed link between race and intelligence/educability. Drawing on an analysis of media coverage in the United Kingdom, I show how Whiteness (a regime of beliefs and attitudes that embodies the interests and assumptions of... 2009  
Anthony Paul Farley SHATTERED: AFTERWORD FOR DEFINING RACE, A JOINT SYMPOSIUM OF THE ALBANY LAW REVIEW AND THE ALBANY JOURNAL OF SCIENCE AND TECHNOLOGY© 72 Albany Law Review 1053 (2009) What happened shattered whatever it was that we once were. Slavery happened. We are the fragments of that happening. And it is still happening. We the fragments are citizens of the undiscovered country. We the fragments, striving for a lost union, continually burst apart. Adam Smith's The Wealth of Nations makes no mention of what happened. We will... 2009  
Rhonda V. Magee SLAVERY AS IMMIGRATION? 44 University of San Francisco Law Review 273 (Fall 2009) As an African-American woman and legal scholar, I have long been troubled by the absence of sustained discourse within the legal academy on the legacies of American chattel slavery and its multifaceted impact on contemporary U.S. law and policy. Since entering the academy, I have puzzled, mostly in silence, over the continued absence of scholarship... 2009  
Alyssa A. DiRusso TESTACY AND INTESTACY: THE DYNAMICS OF WILLS AND DEMOGRAPHIC STATUS 23 Quinnipiac Probate Law Journal 36 (2009) Intestacy is perhaps the final divide between the Haves and the Have-Nots. When we die, the law gives each of us one last chance to use its force to carry out our wishes with respect to what we own. Those who fail to create an individualized estate plan become subject to the rules of intestacy laws, which provide a scheme of distribution in default... 2009  
Deleso Alford Washington THE ANATOMY OF A "PANTSUIT": PERFORMANCE, PROXY AND PRESENCE FOR WOMEN OF COLOR IN LEGAL EDUCATION 30 Hamline Journal of Public Law and Policy 605 (Spring 2009) I am a Good Sister! I have earthed many students with my wisdom and spiritual insight I have run a good race with mental strength and physical might; all while lecturing, during both day and night I am nothing but the Truth! I am a Good Sister! I have withstood historical lies told about me; My light so bright, those who were blind could not help... 2009  
Andrés L. Carrillo THE COSTS OF SUCCESS: MEXICAN AMERICAN IDENTITY PERFORMANCE WITHIN CULTURALLY CODED CLASSROOMS AND EDUCATIONAL ACHIEVEMENT 18 Southern California Review of Law & Social Justice 641 (Fall 2009) Education, then, beyond all other devices of human origin, is the great equalizer of the conditions of men--the balance-wheel of the social machinery. Mexican Americans have fast become the largest segment of students enrolled in California's public education system. From 1981 to 2001, the percentage of Latino students enrolled in public schools... 2009  
Lorenzo Bowman, Tonette Rocco, Elizabeth Peterson THE EXCLUSION OF RACE FROM MANDATED CONTINUING LEGAL EDUCATION REQUIREMENTS: A CRITICAL RACE THEORY ANALYSIS 8 Seattle Journal for Social Justice 229 (Fall/Winter 2009) Forty states mandate continuing legal education (CLE) for practicing lawyers in their jurisdictions. Lawyers who fail to meet the mandated CLE requirements of their jurisdictions are often subject to suspension and, ultimately, disbarment. Given the penalty for noncompliance, almost all practicing lawyers in these jurisdictions take CLE... 2009  
Kevin R. Johnson THE INTERSECTION OF RACE AND CLASS IN U.S. IMMIGRATION LAW AND ENFORCEMENT 72 Law and Contemporary Problems 1 (Fall 2009) Since its emergence in the 1960s and 1970s, ethnic- (including white) studies scholarship has analyzed race and class as intertwined and interrelated. An inherently conservative discipline, law is notoriously resistant to scholarly change. As a result, legal scholarship often lags behind the cutting edge of other disciplines. Not surprisingly, only... 2009  
Alice M. Thomas THE RACIAL WEALTH DIVIDE THROUGH THE EYES OF THE YOUNGER FAMILY: UNDOING AMERICA'S LEGACY OF WEALTH INEQUALITY IN SEARCH OF THE ELUSIVE AMERICAN DREAM UTILIZING A SANKOFA MODEL OF TRANSITIONAL JUSTICE 5 Florida A & M University Law Review 1 (Fall 2009) I. Introduction. 2 II. Contextual Background & Historical Perspective. 15 III. The Problem - Entrenched Racial Inequality Amplified through the Multiracial Wealth Divide. 24 A. The Nature and Magnitude of the Problem. 24 B. Lifting the Veil on the Past: The History of the Wealth Divide. 29 1. In General. 29 2. Native Americans. 31 3. African... 2009  
Russell Powell THEOLOGY IN PUBLIC REASON AND LEGAL DISCOURSE: A CASE FOR THE PREFERENTIAL OPTION FOR THE POOR 15 Washington and Lee Journal of Civil Rights and Social Justice 327 (Spring, 2009) C1-3Table of Contents I. Introduction. 329 II. The Role of Theology in Public Discourse. 334 III. The Preferential Option for the Poor. 338 A. Core Principles of Catholic Social Thought. 339 B. Origins of the Preferential Option. 340 1. Scriptural Bases. 341 2. Tradition through the Second Vatican Council. 343 3. Latin American Bishops and the... 2009  
Ruben J. Garcia TOWARD FUNDAMENTAL CHANGE FOR THE PROTECTION OF LOW-WAGE WORKERS: THE "WORKERS' RIGHTS ARE HUMAN RIGHTS" DEBATE IN THE OBAMA ERA 1 University of Chicago Legal Forum 421 (2009) As President Obama's administration begins this year, labor and employment policy is one of the areas that will likely change. This change will take the form of a legislative agenda that either offers new worker protections or reverses past decisions that have a negative effect on workers' rights. One of the first examples of change is the... 2009  
Hope Lewis TRANSNATIONAL DIMENSIONS OF RACE IN AMERICA 72 Albany Law Review 999 (2009) -Out of many, one people. Jamaica, the nation from which my parents and grandmothers migrated to the United States, includes a motto on its national coat of arms that is at once inspiring and yet disturbingly ironic: Out of many . . . one people. The embl 2009  
Mitchell F. Crusto UNCONSCIOUS CLASSISM: ENTITY EQUALITY FOR SOLE PROPRIETORS 11 University of Pennsylvania Journal of Constitutional Law 215 (January, 2009) I. Unconscious Classism and Elevating the Entity Rights of Sole Proprietors. 218 A. Sole Proprietor's View of the Firm. 218 B. The Lens of Unconscious Classism and Critical Class Theory. 222 C. Overview of the Article. 224 II. Sole Proprietorship Law Is Ripe for Review Because the Law and the Solitary Alter Ego View Treat the Sole Proprietorship as... 2009  
Liz Hollingworth UNINTENDED EDUCATIONAL AND SOCIAL CONSEQUENCES OF THE NO CHILD LEFT BEHIND ACT 12 Journal of Gender, Race and Justice 311 (Winter 2009) The rules and regulations of the No Child Left Behind Act (NCLB or the Act) have not reduced the gap in student academic achievement as much as Congress originally intended. The great promise of NCLB is that, once held accountable, schools will finally focus on the education of low-achieving students, thus reducing the gap in student academic... 2009  
Penelope E. Andrews WHO'S AFRAID OF POLYGAMY? EXPLORING THE BOUNDARIES OF FAMILY, EQUALITY AND CUSTOM IN SOUTH AFRICA 11 Journal of Law and Family Studies 303 (2009) Introduction. 303 I. Competing Narratives of Liberation: African Nationalism and Feminism. 306 II. The Constitution and Traditional Law. 311 III. The Constitution and Gender Equality. 314 IV. The Constitutional Court and Gender Equality. 316 V. Gender Equality and Polygamy. 320 VI. Polygamy and the Recognition of Customary Marriages. 325 VII.... 2009  
Penelope E. Andrews WHO'S AFRAID OF POLYGAMY? EXPLORING THE BOUNDARIES OF FAMILY, EQUALITY AND CUSTOM IN SOUTH AFRICA 2009 Utah Law Review 351 (2009) Introduction. 351 I. Competing Narratives of Liberation: African Nationalism and Feminism. 354 II. The Constitution and Traditional Law. 359 III. The Constitution and Gender Equality. 362 IV. The Constitutional Court and Gender Equality. 364 V. Gender Equality and Polygamy. 368 VI. Polygamy and the Recognition of Customary Marriages. 373 VII.... 2009  
Teri A. McMurtry-Chubb WRITING AT THE MASTER'S TABLE: REFLECTIONS ON THEFT, CRIMINALITY, AND OTHERNESS IN THE LEGAL WRITING PROFESSION 2 Drexel Law Review 41 (Fall 2009) The alert came over the university email one Friday afternoon. There had been a rash of burglaries in the vicinity of the university where I was employed as a legal writing professor. The culprits? Two finely dressed thirty-something women, and a white male in his mid-fifties. These well-heeled bandits gained entrance into various buildings and... 2009  
Keith Aoki , Kevin R. Johnson AN ASSESSMENT OF LATCRIT THEORY TEN YEARS AFTER 83 Indiana Law Journal 1151 (Fall, 2008) With the democratization of legal academia to include law professors of different genders, races, and sexual orientations has come a loss of community, cohesion, and coherence. But what has been gained has been a more democratic and inclusive community. To believe that academics can again speak with a unified voice is no longer possible. Instead of... 2008 Yes
Dan Subotnik ARE LAW SCHOOLS RACIST?: A "TALK" WITH RICHARD DELGADO 43 University of San Francisco Law Review 227 (Fall 2008) More subtle and searching than other critiques of critical race theory . . . Dan Subotnik's book poses challenges that all progressives, myself included, will have to consider. Richard Delgado WALKING BRISKLY INTO HIS FAVORITE Starbucks coffeehouse one morning, Riccardo ordered a tall cappuccino and an almond biscotto from the statuesque Italian... 2008 Yes
John B. Snyder, III BARBARIANS AT THE GATE?: THE LAW OF FRIVOLITY AS ILLUMINATED BY PRO SE TAX PROTEST CASES 54 Wayne Law Review 1249 (Fall, 2008) I. Introduction. 1250 II. The Legal Landscape of Frivolity. 1252 A. Some Notes on Terminology. 1252 B. Frivolousness Under Specific Regimes. 1254 1. Federal Rule of Civil Procedure 1. 11254 2. Federal Rule of Appellate Procedure 38. 1255 3. The In Forma Pauperis Statute. 1256 4. The Substantiality Doctrine. 1257 5. Section 6673 of the Internal... 2008 Yes
Lindsay Perez Huber BUILDING CRITICAL RACE METHODOLOGIES IN EDUCATIONAL RESEARCH: A RESEARCH NOTE ON CRITICAL RACE TESTIMONIO 4 FIU Law Review 159 (Fall, 2008) It has been over a decade since Critical Race Theory (CRT) has been utilized as a theoretical framework to analyze the role of race, racism, and other forms of oppression in the lives of People of Color within the field of education. It is an invaluable tool for critical scholars who seek to expose and disrupt oppressive conditions within education... 2008 Yes
Annalisa Jabaily COLOR ME COLORBLIND: DEFERENCE, DISCRETION, AND VOICE IN HIGHER EDUCATION AFTER GRUTTER 17 Cornell Journal of Law & Public Policy 515 (Summer 2008) INTRODUCTION. 516 I. THE STRANGE CAREER OF RACE CONSCIOUSNESS. 520 II. THE REGULATORY READING OF GRUTTER V. BOLLINGER. 524 A. Strict Scrutiny with Academic Deference. 524 B. Individualized Review. 527 III. ADMINISTRATION OF STRICT SCRUTINY WITH DEFERENCE. 531 A. The Mechanics of Surveilled Deference. 531 1. Infusing the Institution with Strict... 2008 Yes
Roy L. Brooks CONLEY AND TWOMBLY: A CRITICAL RACE THEORY PERSPECTIVE 52 Howard Law Journal 31 (Fall 2008) INTRODUCTION. 32 I. THE UNCERTAINTIES OF THE FEDERAL PLEADING RULE. 35 A. The Rise of the Notice Pleading Rule. 36 B. The Rise of the Plausibility Pleading Rule. 39 II. CRITICAL RACE THEORY'S OPERATING ELEMENTS. 41 A. Deconstruction and Reconstruction. 42 B. Equality Models. 43 1. The Symmetrical Equality Model. 43 2. The Asymmetrical Equality... 2008 Yes
Sumi Cho EMBEDDED WHITENESS: THEORIZING EXCLUSION IN PUBLIC CONTRACTING 19 Berkeley La Raza Law Journal 5 (2008) Around the same time that Critical Race Theory (CRT) was emerging as a field in law in the mid-1980's, the term, New Economic Sociology (NES) was coined at a roundtable discussion at the 1985 annual meeting of the American Sociological Association. Like CRT, NES was challenging fundamental disciplinary principles and assumptions. Just as... 2008 Yes
Irwin A. Horowitz JURY NULLIFICATION: AN EMPIRICAL PERSPECTIVE 28 Northern Illinois University Law Review 425 (Summer, 2008) I. Introduction. 425 II. A Brief History of Jury Nullification. 426 III. Jury Nullification and Race: Jury Vilification. 430 IV. Should Jurors Be Informed? Paths to Nullification. 432 V. Chaos and Nullification Instructions. 433 VI. Nullification Instructions from the Trial Judge. 438 VII. Empirical Research: Effects of Informing the Jury. 441... 2008 Yes
Harry G. Hutchison MOVING FORWARD? DIVERSITY AS A PARADOX? A CRITICAL RACE VIEW 57 Catholic University Law Review 1059 (Summer, 2008) I. L2-4,T4Introduction 1059 II. L2-4,T4From Racial Justice to Diversity 1070 III. L2-4,T4Justice O'Connor: From Grutter to the Future 1072 A. L3-4,T4Prolegomena to Grutter 1072. B. L3-4,T4Toward a Critical Race View of the Cathedral 1075. 1. Racial Balancing and the Non-Obvious Use of Race?. 1077 2. Remedying Societal Discrimination in the Mirror... 2008 Yes
Richard A. Jones, Ph.D PHILOSOPHICAL METHODOLOGIES OF CRITICAL RACE THEORY 1 Georgetown Journal of Law & Modern Critical Race Perspectives 17 (2008) The large body of work that now exists under the title of critical race theory, and in which race is historicised rather than assumed, has worked hard to get past this problem. Critical race theory (CRT) is an exciting, revolutionary intellectual movement that puts race at the centre of critical analysis. Race has no necessary epistemological... 2008 Yes
Samuel C. Wilson , Doranna Tindle REACTIONS 1 Georgetown Journal of Law & Modern Critical Race Perspectives 37 (2008) Critical Race Theory (CRT) attempts to formalize a perspective of racial tension that has prevailed in this country even before our official declaration of a citizen-driven democracy. Looking even deeper into world history, slavery and prejudice based on race and ethnicity are unfortunately common pillars of human existence. But, as societies have... 2008 Yes
Cedric Merlin Powell RHETORICAL NEUTRALITY: COLORBLINDNESS, FREDERICK DOUGLASS, AND INVERTED CRITICAL RACE THEORY 56 Cleveland State Law Review 823 (2008) I. L2-5,T5Introduction 824 II. L2-5,T5Rhetorical Neutrality 831 A. L3-5,T5The Underlying Myths 831 1. L4-5,T5The Historical Myth 831. 2. L4-5,T5The Definitional Myth 838. 3. L4-5,T5The Rhetorical Myth 845. B. L3-5,T5Justice O'Connor's Doctrinal Approach 859 1. L4-5,T5Wygant: Rejection of the Role Model Theory 862. 2. L4-5,T5Croson: Particularized... 2008 Yes
Kimberly L. Alderman SLAVE ARTISTS AS POWERFUL REALITY CREATORS : TAKING RESPONSIBILITY AND REJECTING RACE CONSCIOUSNESS 33 Thurgood Marshall Law Review 261 (Spring, 2008) This article critiques the race conscious thinking inherent in Critical Race Theory (CRT) and offers an alternative to structuralism and determinism. It reviews the colonial origins of race consciousness, and argues that advocating race conscious remedies perpetuates the very racism CRT decries. The article focuses on powerful reality creators of... 2008 Yes
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