| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
| Daniel G. Solorzano , Verónica N. Vélez |
USING CRITICAL RACE SPATIAL ANALYSIS TO EXAMINE THE DU BOISIAN COLOR-LINE ALONG THE ALAMEDA CORRIDOR IN SOUTHERN CALIFORNIA |
37 Whittier Law Review 423 (Spring, 2016) |
As Critical Race researchers and pedagogues, we are constantly looking for contemporary examples of everyday racism and their historical corollaries. Our search has led us to better understand the many contours and interconnected facets of everyday racism, while motivating new interests, in particular, inquiry into historical and contemporary... |
2016 |
Yes |
| Lisa R. Pruitt |
WELFARE QUEENS AND WHITE TRASH |
25 Southern California Interdisciplinary Law Journal 289 (Spring 2016) |
I. INTRODUCTION. 289 II. A BRIEF HISTORY OF WHITE TRASH. 291 III. WHITENESS IN CRITICAL RACE THEORY. 295 IV. CALLS FOR GREATER VISIBILITY OF WHITE POVERTY, BUT WITH WHAT CONSEQUENCES?. 299 V. HOW CAN WE ATTRACT MORE PUBLIC AND GOVERNMENT SUPPORT FOR THE POOR?. 304 VI. CONCLUSION. 309 The welfare queen is widely recognized as a racialized... |
2016 |
Yes |
| Andrea Freeman |
"FIRST FOOD" JUSTICE: RACIAL DISPARITIES IN INFANT FEEDING AS FOOD OPPRESSION |
83 Fordham Law Review 3053 (May, 2015) |
Tabitha Walrond gave birth to Tyler Isaac Walrond on June 27, 1997, when Tabitha, a black woman from the Bronx, was nineteen years old. Four months before the birth, Tabitha, who received New York public assistance, attempted to enroll Tyler in her health insurance plan (HIP), but encountered a mountain of bureaucratic red tape and errors. After... |
2015 |
Yes |
| Cheryl Nelson Butler |
A CRITICAL RACE FEMINIST PERSPECTIVE ON PROSTITUTION & SEX TRAFFICKING IN AMERICA |
27 Yale Journal of Law & Feminism 95 (2015) |
Abstract: This Article is one of the first to apply critical race feminism (CRF) to explore prostitution and sex trafficking in the United States. Several scholars have applied critical race feminism to explore several forms of sexual exploitation, including sexual harassment, domestic violence, and rape, but have yet to extend this discourse into... |
2015 |
Yes |
| William P. Quigley |
A LETTER TO SOCIAL JUSTICE ADVOCATES: THIRTEEN LESSONS LEARNED BY KATRINA SOCIAL JUSTICE ADVOCATES LOOKING BACK TEN YEARS LATER |
61 Loyola Law Review 623 (Fall 2015) |
I. INTRODUCTION. 623 II. OUR STORIES. 626 A. Local Lawyers. 627 B. Advocates. 666 C. Students Who Later Became Lawyers. 670 III. LESSONS LEARNED. 688 IV. CONCLUSION. 703 |
2015 |
Yes |
| Paul Gowder |
CRITICAL RACE SCIENCE AND CRITICAL RACE PHILOSOPHY OF SCIENCE |
83 Fordham Law Review 3155 (May, 2015) |
Over several decades, feminist philosophy of science has revealed the ways in which much of science has proceeded from mainstream assumptions that privilege men and other hierarchically superordinate groups and existing socially constructed conceptions of gender. In doing so, it has produced a research program that, while rooted in the... |
2015 |
Yes |
| Llezlie Green Coleman |
EXPLOITED AT THE INTERSECTION: A CRITICAL RACE FEMINIST ANALYSIS OF UNDOCUMENTED LATINA WORKERS AND THE ROLE OF THE PRIVATE ATTORNEY GENERAL |
22 Virginia Journal of Social Policy and the Law 397 (Fall 2015) |
Introduction. 398 I. The Feminization of Immigration and Immigrant Women in the Workplace. 400 II. Wage Theft Among Immigrant Women Workers. 402 III. Critical Race Feminism. 405 A. The Deference Narrative. 409 B. Exalting Self-Abnegation. 411 C. The Family Comes First (Familismo). 412 D. Learning from the Narratives. 414 IV. The Private Attorney... |
2015 |
Yes |
| Dr. Debito Arudou |
JAPAN'S UNDER-RESEARCHED VISIBLE MINORITIES: APPLYING CRITICAL RACE THEORY TO RACIALIZATION DYNAMICS IN A NON-WHITE SOCIETY |
14 Washington University Global Studies Law Review 695 (2015) |
Critical Race Theory (CRT), an analytical framework grounded in American legal academia, uncovers power relationships between a racialized enfranchised majority and a disenfranchised minority. Although applied primarily to countries and societies with Caucasian majorities to analyze White Privilege this Article applies CRT to Japan, a non-White... |
2015 |
Yes |
| Tayyab Mahmud , Athena Mutua , Francisco Valde |
LATCRIT PRAXIS @ XX: TOWARD EQUAL JUSTICE IN LAW, EDUCATION AND SOCIETY |
90 Chicago-Kent Law Review 361 (2015) |
It was twenty years ago this fall that a motley crew of youngish legal scholars conceived the LatCrit subject position during a colloquium on Latinas/os and critical race theory held in Puerto Rico during fall 1995. By the end of that event, we had committed to at least one decade of personal and collective praxis toward the advancement of... |
2015 |
Yes |
| Toni Lester |
OPRAH, BEYONCÉ, AND THE GIRLS WHO "RUN THE WORLD" - ARE BLACK FEMALE CULTURAL PRODUCERS GAINING GROUND IN INTELLECTUAL PROPERTY LAW? |
15 Wake Forest Journal of Business and Intellectual Property Law 537 (Spring, 2015) |
I. Introduction - What the Foremothers of Today's Black Female Cultural Producers Had to Contend With. 538 II. Part One - Using Critical Race, Feminist and Cultural Production Theory to Look at Black Female Cultural Production and the IP Regime. 543 III. Part Two: Success at Any Cost - Once Black Female Culture Producers Rise to the Top, Do They... |
2015 |
Yes |
| Ann C. McGinley |
POLICING AND THE CLASH OF MASCULINITIES |
59 Howard Law Journal 221 (Fall, 2015) |
INTRODUCTION: POLICING, RACE, AND GENDER. 222 I. EMPIRICAL UNDERSTANDINGS OF POLICE BEHAVIOR. 227 A. Use of Force Studies. 227 B. Investigations of Real Police Departments. 229 1. Cleveland, Ohio Division of Police. 229 2. Ferguson, Missouri Police Department. 233 II. MASCULINITIES STUDIES AND CRITICAL RACE THEORY: HEGEMONY, PRIVILEGE, AND... |
2015 |
Yes |
| André Douglas Pond Cummings |
RICHARD DELGADO AND ICE CUBE: BROTHERS IN ARMS |
33 Law & Inequality: A Journal of Theory and Practice 321 (Summer, 2015) |
Critical Race Theory as a movement is best understood through the lens of founding voice Richard Delgado. Delgado's prolific and fearless writings have inspired thousands and launched theories that have literally changed the course of race law in the United States. In fact, two explosive movements were born in the United States in the 1970s. While... |
2015 |
Yes |
| Charles R. Lawrence III |
THE FIRE THIS TIME: BLACK LIVES MATTER, ABOLITIONIST PEDAGOGY AND THE LAW |
65 Journal of Legal Education 381 (November, 2015) |
It seems as if I have been teaching Ferguson all of my adult life. In the fall of 1964 I applied to Yale Law School, and the admissions office encouraged me to supplement my written application with an interview. As I rode a Greyhound bus to New Haven I read James Baldwin's The Fire Next Time, a paperback copy purchased for seventy-five cents... |
2015 |
Yes |
| Aziza Ahmed |
TRAFFICKED? AIDS, CRIMINAL LAW AND THE POLITICS OF MEASUREMENT |
70 University of Miami Law Review 96 (Fall, 2015) |
Since early in the HIV epidemic, epidemiologists identified individuals who transact sex as a high-risk group for contracting HIV. Where the issue of transacting sex has been framed as sex work, harm-reduction advocates and scholars call for decriminalization as a primary legal solution to address HIV. Where the issue is defined as trafficking,... |
2015 |
Yes |
| Aya Gruber |
WHEN THEORY MET PRACTICE: DISTRIBUTIONAL ANALYSIS IN CRITICAL CRIMINAL LAW THEORIZING |
83 Fordham Law Review 3211 (May, 2015) |
Modern critical race theorists, at least in the legal realm, often find themselves torn between two venerable, but inconsistent, traditions. On the one side is the critical legal studies paradigm, which incorporates an acute skepticism of law, legal formalism, and rights constructs and instead seeks to expose the deep structures (institutional,... |
2015 |
Yes |
| Erin M. Kerrison, Ph.D. |
WHITE CLAIMS TO ILLNESS AND THE RACE-BASED MEDICALIZATION OF ADDICTION FOR DRUG-INVOLVED FORMER PRISONERS |
31 Harvard Journal on Racial & Ethnic Justice 105 (Spring 2015) |
Critical Race Theory scholars have long argued that the War on Drugs is a war waged against low-income, black urban citizens. However, as the spotlight has shifted somewhat from policing street drug use and trafficking among poor, inner-city blacks, to concerns about the chronic pharmaceutical substance abuse of middle- and upper-class white... |
2015 |
Yes |
| Cynthia Lee |
(E)RACING TRAYVON MARTIN |
12 Ohio State Journal of Criminal Law 91 (Fall, 2014) |
As we celebrate the 25th anniversary of Critical Race Theory [CRT], we have much to celebrate and much work ahead. In its early years, Critical Race Theory was a much-criticized and denigrated body of scholarship. By and large, critical race scholars were law professors of color writing about issues of racial subordination and injustice. Their work... |
2014 |
Yes |
| Jonathan Bailyn |
A CRITICAL RACE THEORIST ACCOUNT OF CORPORATE RACIAL STANDING |
16 Scholar: St. Mary's Law Review on Race and Social Justice 725 (2014) |
I. Introduction. 725 II. History: Limited Supreme Court Guidance. 726 III. Corporate Racial Standing Doctrine. 727 IV. Race. 728 A. Paradigms. 728 B. Classification Schemes. 730 V. Corporations. 731 A. Shareholder Theory. 731 B. Contractarian Theory. 733 VI. Application. 735 A. Shareholder Identity. 735 B. The Problem of Heterogeneity. 737 C.... |
2014 |
Yes |
| Gil Lan |
AMERICAN LEGAL REALISM GOES TO CHINA: THE CHINA PUZZLE AND LAW REFORM |
51 American Business Law Journal 365 (Summer, 2014) |
A current prevailing theory states that a nation needs a well-enforced system of formal property and contract rights in order to enjoy economic growth (the Rights Theory). This theory has prestigious intellectual foundations and also enjoys the support of international organizations such as the World Bank. In the midst of many developing and... |
2014 |
Yes |
| Camille Gear Rich |
ANGELA HARRIS AND THE RACIAL POLITICS OF MASCULINITY: TRAYVON MARTIN, GEORGE ZIMMERMAN, AND THE DILEMMAS OF DESIRING WHITENESS |
102 California Law Review 1027 (August, 2014) |
This Festschrift Essay uses the Trayvon Martin controversy as an opportunity to reflect on the insights Angela Harris's scholarship provides about the dialogic relationship between race, masculinity, and the criminal law. After surveying Harris's contributions to critical race theory, masculinity studies, and feminist legal theory, this Essay... |
2014 |
Yes |