AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Anthony V. Alfieri PROSECUTING THE JENA SIX 93 Cornell Law Review 1285 (September, 2008) Introduction. 1285 I. The History of the Jena Six. 1288 A. Jena High School. 1288 B. Legal Proceedings. 1290 C. Political Protest. 1290 II. District Attorney Walters's Colorblind Conception. 1291 A. Practice Traditions. 1292 B. Ethics Rules. 1294 III. Professor Luban's Dignitary Conception. 1296 IV. A Race-Conscious Outsider Conception. 1302 A.... 2008  
Alfred Dennis Mathewson RACE IN ORDINARY COURSE: UTILIZING THE RACIAL BACKGROUND IN ANTITRUST AND CORPORATE LAW COURSES 23 Saint John's Journal of Legal Commentary 667 (Fall 2008) This article is about the discourse in law school classes in which non-white students are in classes with white students. I recall the integration of race in one of my first year law classes. I was one of a handful of Black students in Professor Geoffrey Hazard's Civil Procedure class at Yale Law School. Professor Hazard had supplemented the... 2008  
Shubha Ghosh RACE-SPECIFIC PATENTS, COMMERCIALIZATION, AND INTELLECTUAL PROPERTY POLICY 56 Buffalo Law Review 409 (May, 2008) Patent reform is at the forefront of current academic and policy debates. Bad press on the quality of issued patents, litigation disruptive to competition and business, and the perceived impact of a seemingly broken system on innovation have each--and in combination--driven the movement to fix the patent system. This Article addresses the... 2008  
Bekah Mandell RACIAL REIFICATION AND GLOBAL WARMING: A TRULY INCONVENIENT TRUTH 28 Boston College Third World Law Journal 289 (Spring, 2008) Abstract: Scientists have warned of the dangers of climate change for decades, yet no meaningful steps have been taken to address its underlying causes; instead, ineffective strategies to reduce CO2 emissions incrementally have become popular because they do not disturb the racial hierarchy that sustains the social, economic, and legal structure of... 2008  
Chris Chambers Goodman RETAINING DIVERSITY IN THE CLASSROOM: STRATEGIES FOR MAXIMIZING THE BENEFITS THAT FLOW FROM A DIVERSE STUDENT BODY 35 Pepperdine Law Review 663 (April, 2008) I. Introduction II. Evaluating the Benefits that Flow from a Diverse Student Body A. The Benefits that Flow from Diversity B. Some Critiques of the Benefits of Diversity C. Addressing Criticisms of the Diversity Rationale Itself D. Illustrations of Existing Diversity Education Programs III. Three Strategies for Maximizing the Benefits that Flow... 2008  
Jennifer Gordon , R.A. Lenhardt RETHINKING WORK AND CITIZENSHIP 55 UCLA Law Review 1161 (June, 2008) This Article advances a new approach to understanding the relationship between work and citizenship that comes out of research on African American and Latino immigrant low-wage workers. Media accounts typically portray African Americans and Latino immigrants as engaged in a pitched battle for jobs. Conventional wisdom suggests that the source of... 2008  
Richard Delgado RODRIGO'S HOMILY: STORYTELLING, ELITE SELF-INTEREST, AND LEGAL CHANGE 87 Oregon Law Review 1259 (2008) I had been toiling away one gray afternoon in December and wishing that the stack of bluebooks piled high on my desk were smaller, when a polite cough at my office door caused me to look up. Rodrigo! I exclaimed at the sight of my lanky young friend. What a surprise. I didn't know you were in town. My visitor smiled warmly. Giannina and I flew... 2008  
Cedric Merlin Powell SCHOOLS, RHETORICAL NEUTRALITY, AND THE FAILURE OF THE COLORBLIND EQUAL PROTECTION CLAUSE 10 Rutgers Race & the Law Review 362 (Special Edition 2008) Previously, I noted that there was a disconcerting inevitability in the Court's consolidated decisions in Parents Involved in Cmty. Sch. v. Seattle Sch. Dist. No. 1 and Meredith v. Jefferson County Bd. of Educ.: In the plurality opinion striking down the voluntary school desegregation plans of the formerly de jure-segregated school system in... 2008  
Bernie D. Jones SOUTHERN FREE WOMEN OF COLOR IN THE ANTEBELLUM NORTH: RACE, CLASS, AND A "NEW WOMEN'S LEGAL HISTORY" 41 Akron Law Review 763 (2008) I. Configuring Race, Gender, and Class in American Legal History. 763 II. African-American Women in the Antebellum United States: Enslaved and Free Women Facing the Law. 772 III. Formulating an Abolitionist Law Practice: John Jolliffe. 788 IV. Conclusion. 794 2008  
Terry Smith SPEAKING AGAINST NORMS: PUBLIC DISCOURSE AND THE ECONOMY OF RACIALIZATION IN THE WORKPLACE 57 American University Law Review 523 (February, 2008) Introduction. 524 I. Stories About Race, Speech on a Matter of Public Concern, and Social Inequality. 529 A. Talking While Black: A Narrative and a Topology. 529 B. Richard Ceballos and the Invisible Hand of Race. 537 C. Rankin v. McPherson: The Black Assassin. 542 D. Ward Churchill and Heretic Voices of Color in a Moment of Unity. 550 E. Leonard... 2008  
Constance Dionne Russell STYLING CIVIL RIGHTS: THE EFFECT OF § 1981 AND THE PUBLIC ACCOMMODATIONS ACT ON BLACK WOMEN'S ACCESS TO WHITE STYLISTS AND SALONS 24 Harvard BlackLetter Law Journal 189 (Spring 2008) I. Introduction. 190 II. Interlocking of Hair and History for Black Women: An Expression of Self. 194 III. Denial of Service to Black Female Patrons. 198 A. Hairy Social Connotations. 198 B. Lack of Legitimate Connection Between Race and Hair. 199 IV. Legislative History of § 1981. 200 V. Implications of the Judicial Interpretation of § 1981. 202... 2008  
Sergio J. Campos SUBORDINATION AND THE FORTUITY OF OUR CIRCUMSTANCES 41 University of Michigan Journal of Law Reform 585 (Spring 2008) The antisubordination principle exists at the margins of equality law. This Article seeks to revive the antisubordination principle by taking a fresh look at its structure and underlying justification. First, the Article provides an account of the harm of subordination that focuses on one's position in society, rejecting the focus on groups popular... 2008  
Frank Rudy Cooper SURVEILLANCE AND IDENTITY PERFORMANCE: SOME THOUGHTS INSPIRED BY MARTIN LUTHER KING 32 New York University Review of Law and Social Change 517 (2008) Early morning, April four A shot rings out in the Memphis sky Free at last, they took your life They could not take your pride Just before it achieved international superstardom, the band U2 recorded a song called Pride (In the Name of Love). It is a tribute to Dr. Martin Luther King, Jr. Its lyrics, such as they took your life / they could not... 2008  
Justin P. Walsh SWEPT UNDER THE RUG: INTEGRATING CRITICAL RACE THEORY INTO THE LEGAL DEBATE ON THE USE OF RACE 6 Seattle Journal for Social Justice 673 (Spring/Summer, 2008) On November 3, 1998, Washington State voters, by a large majority, passed Ballot Initiative 200 (I-200), the Washington State Civil Rights Act. Despite its progressive title, I-200 essentially ended affirmative action in Washington by denying the state the ability to grant race-based preferences in hiring, public contracting, or education. In an... 2008  
Bridget J. Crawford TAX AVATARS 2008 Utah Law Review 793 (2008) I. Introduction. 793 II. Creating a Legal Avatar: The Power of Attorney. 794 A. Creation. 794 B. Scope. 795 C. Limitations. 796 III. Taxing Legal Avatars. 797 A. Estate and Gift Tax Generally. 797 B. Why a Power of Attorney Does Not Give Rise to Wealth Transfer Taxation. 804 C. The Impact of Fiduciary Duty in Other Transfer Tax Contexts. 806 IV.... 2008  
Margalynne J. Armstrong, Stephanie M. Wildman TEACHING RACE/TEACHING WHITENESS: TRANSFORMING COLORBLINDNESS TO COLOR INSIGHT 86 North Carolina Law Review 635 (March, 2008) This Article argues that whiteness operates as the normative foundation of most discussions of race. Legal educators often overlook the role of whiteness in the law school setting and in law more generally. Identifying and understanding whiteness should be an essential component of legal education. This Article considers reasons why legal education... 2008  
Mauro Zamboni THE "SOCIAL" IN SOCIAL LAW: AN ANALYSIS OF A CONCEPT IN DISGUISE 9 Journal of Law in Society 63 (Summer, 2008) The law and legal disciplines are not created in a vacuum. Though they appear natural and almost self-evident, the law and legal disciplines always tend, to a greater or narrower extent, to mirror the reality in which they are born and in which they grow. As pointed out some years ago by Jeremy Waldron: Legislatures and courts are political... 2008  
Kevin Noble Maillard , Janis L. McDonald THE ANATOMY OF GREY: A THEORY OF INTERRACIAL CONVERGENCE 26 Law & Inequality: A Journal of Theory and Practice 305 (Summer 2008) In Malone v. Civil Service Commission, Boston city authorities terminated the eleven-year employment of two firefighters who had falsified their employment applications. Twin brothers Philip and Paul Malone allegedly transformed themselves from White to Black on their applications in order to benefit from a federal consent decree. Although their... 2008  
Sora Y. Han THE CONDITIONAL LOGIC OF STRICT SCRUTINY: RACE AND SEXUALITY IN CONSTITUTIONAL LAW 4 Stanford Journal of Civil Rights & Civil Liberties 77 (April, 2008) The close-up discloses a depredication of the subject, an emptying out of personality. The face, then, withdraws from the represented space, retreats into an other dimension. - Joan Copjec, Imagine There's No Woman (2002) Introduction. 78 I. Race, Law, and the Feminine--A Cinematic Example. 83 II. Korematsu and the Conditional Logic of Strict... 2008  
Mark A. Graber THE COUNTERMAJORITARIAN DIFFICULTY: FROM COURTS TO CONGRESS TO CONSTITUTIONAL ORDER 4 Annual Review of Law and Social Science 361 (2008) judicial review, democracy, accountability This review documents how scholarly concern with democratic deficits in American constitutionalism has shifted from the courts to electoral institutions. Prominent political scientists are increasingly rejecting the countermajoritarian difficulty as the proper framework for studying and evaluating judicial... 2008  
Eric Engle THE FAKE REVOLUTION: UNDERSTANDING LEGAL REALISM 47 Washburn Law Journal 653 (Spring 2008) I. Introduction. 653 II. The Judicial Revolution . 653 A. The Great Depression: The Judicial Revolution. 655 B. Legal Realism. 657 C. The Realist Rejection of Formalism . 660 III. Post War: Co-opting Radicalism to Serve Global Hegemony. 664 A. Law and Economics. 666 B. Legal Process Interest Balancing. 668 IV. Conclusion. 674 2008  
Berta Esperanza Hernandez-Truyol THE GENDER BEND: CULTURE, SEX, AND SEXUALITY-A LATCRITICAL HUMAN RIGHTS MAP OF LATINA/O BORDER CROSSINGS 83 Indiana Law Journal 1283 (Fall, 2008) [C]ultures provide specific plots for lives. Away, she went away but each place she went pushed her to the other side, al otro lado. [j]Mejor puta que pata. Mejor ladrón que maricón. In the course of studying and theorizing about Latinas/os and their location in law and culture, critical theory has been simultaneously liberating and restraining,... 2008  
Anna Williams Shavers THE INVISIBLE OTHERS AND IMMIGRANT RIGHTS: A COMMENTARY 45 Houston Law Review 99 (Symposium 2008) I. Introduction. 100 II. Revelations in the Hurricane Katrina Aftermath. 102 A. The Invisibility of Black Americans. 102 1. So Poor, So Black: The Demographics of the Katrina Victims and the Focus on Black Americans. 102 2. Tensions between Black Americans and Immigrants. 111 B. The Mistreatment of Immigrants. 123 1. Citizenship Matters. 124 2.... 2008  
Donald F. Tibbs , Tryon P. Woods THE JENA SIX AND BLACK PUNISHMENT: LAW AND RAW LIFE IN THE DOMAIN OF NONEXISTENCE 7 Seattle Journal for Social Justice 235 (Fall/Winter 2008) [W]e must firmly place ourselves in another space to describe our age, the age and space of raw life .. It is a place where life and death are so entangled that it is no longer possible to distinguish them, or to say what is on the side of the shadow or its obverse. --Achille Mbembe The welcome sign at the entrance to Jena, Louisiana, describes it... 2008  
Nuno Garoupa , , Thomas S. Ulen THE MARKET FOR LEGAL INNOVATION: LAW AND ECONOMICS IN EUROPE AND THE UNITED STATES 59 Alabama Law Review 1555 (2008) Abstract. 1556 I. Introduction. 1557 II. What Is a Legal Innovation? And What Counts as Law and Economics?. 1564 III. Differences Between the United States and Europe with Respect to the Reception of Law and Economics. 1568 IV. Some Possible Reasons for These Differences. 1578 A. Political Ideology. 1579 B. Money and the Success of Law-... 2008  
Devon W. Carbado, Cheryl I. Harris THE NEW RACIAL PREFERENCES 96 California Law Review 1139 (October, 2008) Michigan's Proposal 2 and California's Proposition 209 both prohibit their state governments from discriminating or granting preferential treatment . on the basis of race. Both initiatives were aimed at eliminating state promulgated race-based affirmative action programs. For advocates of Proposal 2 and Proposition 209, affirmative action is the... 2008  
Adrien Katherine Wing THE SOUTH AFRICAN CONSTITUTION AS A ROLE MODEL FOR THE UNITED STATES 24 Harvard BlackLetter Law Journal 73 (Spring 2008) We are on the verge of achieving a new administration in Washington, perhaps a historic one led by a black man, Senator Barack Obama, or a white woman, Senator Hillary Clinton. If the Democratic Party comes back into power, a number of law students, faculty, and alumni may soon be in positions in the executive, legislative, and judicial branches,... 2008  
Devon W. Carbado , Rachel F. Moran THE STORY OF LAW AND AMERICAN RACIAL CONSCIOUSNESS: BUILDING A CANON ONE CASE AT A TIME 76 UMKC Law Review 851 (Spring, 2008) How does one tell a story about establishing an American race law cannon? This was precisely the question that confronted us as we conceived Race Law Stories, an edited volume of essays on important cases on race and the law. At the outset, we had to engage the question of whether we even need a race law canon. The answer is not obviously yes.... 2008  
Anthony Paul Farley THE THIRD ANNUAL JEROME M. CULP MEMORIAL LECTURE: THE ZOMBIE JAMBOREE 4 FIU Law Review 175 (Fall, 2008) First, a prayer: At round earth's imagin'd corners, Blow Your trumpets, Angels, and arise, Arise From Death, you numberless infinities Of souls, and to your scattered bodies go. It is an honor and a joy to give the Third Annual Jerome M. Culp Lecture at Critical Localities: LatCrit XII. This memorial lecture is an honor because LatCrit has been the... 2008  
David A. Skeel, Jr. THE UNBEARABLE LIGHTNESS OF CHRISTIAN LEGAL SCHOLARSHIP 57 Emory Law Journal 1471 (2008) When the ascendancy of a new movement leaves a visible a mark on American politics and law, its footprints ordinarily can be traced through the pages of America's law reviews. But the influence of evangelicals and other theologically conservative Christians has been quite different. Surveying the elite law review literature in 1976, the year... 2008  
Leonard M. Baynes THE USE OF REFLECTION PAPERS AND STUDENT AUTOBIOGRAPHIES IN TEACHING RACE, RACISM AND THE LAW 1 the crit: a Critical Studies Journal 121 (2008) For over ten years, I have taught a course in Race and Racism in the Law at several American law schools. The course is part legal history and part jurisprudence. I use the Race and Races: Cases and Resources for a Diverse America as my casebook as well as my own supplemental readings. The classes are often the most racially diverse class in the... 2008  
Reginald Leamon Robinson THE WORD AND THE PROBLEM OF HUMAN UNCONSCIOUSNESS: AN ANALYSIS OF CHARLES R. LAWRENCE'S MEDITATION ON RACISM, OPPRESSION, AND EMPOWERMENT 40 CONNtemplations 1 (Spring, 2008) Charles R. Lawrence's Word, a form of liberation theology, gives its practitioners an intrinsic tool for empowering and liberating those who have been silenced and marginalized by the dominant legal narrative and by racism and sexism. As victims, oppression is external to, independent of, and happening to minorities and women. Yet, relying on... 2008  
Chandan Reddy TIME FOR RIGHTS? LOVING, GAY MARRIAGE, AND THE LIMITS OF LEGAL JUSTICE 76 Fordham Law Review 2849 (May, 2008) The only historian capable of fanning the spark of hope in the past is the one who is firmly convinced that even the dead will not be safe from the enemy if he is victorious. And this enemy has never ceased to be victorious. -- Walter Benjamin The document is not the fortunate tool of a history that is primarily and fundamentally memory; history is... 2008  
Rhonda V. Magee TOWARD AN INTEGRAL CRITICAL APPROACH TO THINKING, TALKING, WRITING, AND TEACHING ABOUT RACE 43 University of San Francisco Law Review 259 (Fall 2008) AS I SIT DOWN AT MY DESK to read a draft of the essay submitted to our law review for this issue by Professor Dan Subotnik, the odd but well-understood phrase beside myself comes to mind. A surge of negativity runs through me, so intense it hurts from within. It is as if my body, all ninety-seven pounds of it, has just been hit with a vein-deep... 2008  
K.J. Greene TRADEMARK LAW AND RACIAL SUBORDINATION: FROM MARKETING OF STEREOTYPES TO NORMS OF AUTHORSHIP 58 Syracuse Law Review 431 (2008) Introduction. 431 I. Trademark Law Racial Dynamics. 433 A. Economic Analysis, Trademark Law and Racial Dynamics. 434 B. Trademark and Racial Classifications. 436 C. Section 2 of the Lanham Act and the Marketplace of Racial Norms. 437 D. Moral Rights and Trademark Law. 438 E. A History of Distortion by Stereotyping. 440 F. Stereotyping as a... 2008  
Derek W. Black TURNING STONES OF HOPE INTO BOULDERS OF RESISTANCE: THE FIRST AND LAST TASK OF SOCIAL JUSTICE CURRICULUM, SCHOLARSHIP, AND PRACTICE 86 North Carolina Law Review 673 (March, 2008) The most important and intangible aspect of teaching and practicing social justice law is retaining the hope that our efforts can translate into progressive results. At times, professors' approaches to the subject of social justice tend toward pessimism that can have unintended negative effects on students. Thus, this Article calls on social... 2008  
Brian R. Decker VIOLENCE AND THE PRIVATE: A GIRARDIAN MODEL OF DOMESTIC VIOLENCE IN SOCIETY 11 University of Pennsylvania Journal of Law and Social Change 105 (2007-2008) Brett Myers punched his wife in the face. That's what the Philadelphia Phillies' ace pitcher's wife told police in June 2006. When the club was visiting Boston for interleague play, the couple was walking back to their hotel from a bar when they started arguing. Kim Myers said Brett, who is a foot taller than Kim and twice as heavy, hit her in the... 2008  
Richard Delgado , Jean Stefancic WHAT IF JOHN CALMORE HAD A LATINO/A SIBLING? 86 North Carolina Law Review 769 (March, 2008) Over the course of a long career, John Calmore has addressed a host of issues having to do with housing for minority communities, particularly African Americans. These issues include redlining (refusal to extend credit or insurance for housing in black areas), segregation, and substandard municipal services. Although Calmore's work is pathbreaking,... 2008  
Maurice R. Dyson WHEN GOVERNMENT IS A PASSIVE PARTICIPANT IN PRIVATE DISCRIMINATION: A CRITICAL LOOK AT WHITE PRIVILEGE & THE TACIT RETURN TO INTERPOSITION IN PICS V. SEATTLE SCHOOL DISTRICT 40 University of Toledo Law Review 145 (Fall 2008) THIS article disputes Samuel Estreicher's non-preference neutrality theory regarding the Supreme Court's approach to tiebreaker cases. Estreicher's theory is that the Court is concerned merely with the neutral distribution--and withholding--of governmental benefits on the basis of race and ethnicity. This article argues that the Court's... 2008  
Shalini R. Deo WHERE HAVE ALL THE LOVINGS GONE?: THE CONTINUING RELEVANCE OF THE MOVEMENT FOR A MULTIRACIAL CATEGORY AND RACIAL CLASSIFICATION AFTER PARENTS INVOLVED IN COMMUNITY SCHOOLS V. SEATTLE SCHOOL DISTRICT NO. 1 11 Journal of Gender, Race and Justice 409 (Spring 2008) Almighty God created the races white, black, yellow, Malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix. This nation has a moral and ethical obligation to fulfill... 2008  
Annette R. Appell "BAD" MOTHERS AND SPANISH-SPEAKING CAREGIVERS 7 Nevada Law Journal 759 (Summer 2007) Children are an essential but often overlooked bounty in the regulation of race, culture, and rights. The role of children in perpetuating and enriching culture, moral value, and political power is surprisingly under-theorized in the critical literature. Indeed, there is very little discussion about child welfare in civil rights and critical race... 2007 Yes
Mathias Moschel COLOR BLINDNESS OR TOTAL BLINDNESS? THE ABSENCE OF CRITICAL RACE THEORY IN EUROPE 9 Rutgers Race & the Law Review 57 (2007) Critical Race Theory (hereinafter CRT), an offspring of Critical Legal Studies (hereinafter CLS), is one of the most successful and controversial United States' legal theories developed over the past 10 years and has in turn branched out into different equally creative fields, from LatCrit to AsianCrit to Queer Theory. In spite of offering a... 2007 Yes
Mark Kessler FREE SPEECH DOCTRINE IN AMERICAN POLITICAL CULTURE: A CRITICAL LEGAL GEOGRAPHY OF CULTURAL POLITICS 6 Connecticut Public Interest Law Journal 205 (Spring/Summer, 2007) In a letter sent to fellow conservatives in February 1999, Paul Weyrich laments the collapse of the culture, a culture he describes as an ever-wider sewer. In a highly pessimistic tone, he suggests that liberal, secular humanist, anti-Christian values have infiltrated and gained dominance over many aspects of American culture. Labeling this... 2007 Yes
Compiled by Paul J. Moorman , Jessica Wimer GERONTOLOGY AND THE LAW: A SELECTED ANNOTATED BIBLIOGRAPHY: 2002-2005 UPDATE 80 Southern California Law Review 1077 (July, 2007) I. INTRODUCTION. 1079 II. GENERAL WORKS ON LAW AND AGING. 1080 A. BOOKS. 1080 B. ARTICLES. 1081 III. INCOME MAINTENANCE AND FINANCIAL/RETIREMENT PLANNING. 1082 A. GENERAL WORKS/MISCELLANY (INCLUDING PRIVATE PENSIONS). 1082 1. Books. 1082 2. Articles. 1085 B. SOCIAL SECURITY/PUBLIC PENSIONS. 1091 1. Books. 1091 2. Articles. 1094 IV. AGE... 2007 Yes
Adrien Katherine Wing GLOBAL CRITICAL RACE FEMINISM: A PERSPECTIVE ON GENDER, WAR AND PEACE IN THE AGE OF THE WAR ON TERROR 15 Michigan State Journal of International Law 1 (2007) This keynote address will approach the conference topic on Gender, War, and Peace from the perspective of Global Critical Race Feminism (GCRF). I am editor of two collections, Critical Race Feminism (CRF) and Global Critical Race Feminism, both of which focus on the status of women of color under the law. GCRF is a jurisprudential field that... 2007 Yes
Diane J. Klein PAYING ELIZA: COMITY, CONTRACTS, AND CRITICAL RACE THEORY--19TH CENTURY CHOICE OF LAW DOCTRINE AND THE VALIDATION OF ANTEBELLUM CONTRACTS FOR THE PURCHASE AND SALE OF HUMAN BEINGS 20 National Black Law Journal 1 (2006-2007) I. Theory: Comity, Foreign Contracts, and the Public Policy Exception. 4 II. Practice: Four Stories of Slavery and Law in 19th Century Illinois. 7 1. Nance v. Howard (1828). 9 2. Hone v. Ammons (1852). 12 3. Rodney v. Illinois Central (1857). 14 4. Roundtree v. Baker (1869). 16 III. Comity and the Laws of Slavery in Antebellum Illinois. 24 IV.... 2007 Yes
Lindsay Perez Huber, Maria C. Malagon SILENCED STRUGGLES: THE EXPERIENCES OF LATINA AND LATINO UNDOCUMENTED COLLEGE STUDENTS IN CALIFORNIA 7 Nevada Law Journal 841 (Summer 2007) ABSTRACT: Latina/o Critical Race Theory (LatCrit) exposes multiple forms of oppression Latina/o students experience, including race, class, gender, language, and immigration status. We utilize this theoretical framework to examine critically the experiences of Latina and Latino undocumented college students in California public institutions of... 2007 Yes
Monica Bell THE OBLIGATION THESIS: UNDERSTANDING THE PERSISTENT "BLACK VOICE" IN MODERN LEGAL SCHOLARSHIP 68 University of Pittsburgh Law Review 643 (Spring, 2007) This Article revisits the debate over minority voice scholarship, particularly African-American scholarship, that raged in the late 1980s and early 1990s with the advent of critical race theory (CRT). Many critical race theorists elevated the voices of minority scholars, arguing that scholarship in the minority voice should be accorded greater... 2007 Yes
Laura A. Dickinson TOWARD A "NEW" NEW HAVEN SCHOOL OF INTERNATIONAL LAW? 32 Yale Journal of International Law 547 (Summer 2007) It is always difficult, of course, to try to group a diverse collection of scholars together and suggest that they might subscribe to a single school of thought. Indeed, the practice of founding schools of legal analysis seems to have gone somewhat out of fashion. There is law and economics, of course (and in particular, the Chicago School),... 2007 Yes
Eric Heinze TRUTH AND MYTH IN CRITICAL RACE THEORY AND LATCRIT: HUMAN RIGHTS AND THE ETHNOCENTRISM OF ANTI-ETHNOCENTRISM 20 National Black Law Journal 107 (2007) Critical Race Theorists and LatCrits argue that, throughout U.S. history, norms promising liberty and equality have been myths. They examine the formalisms of U.S. rights discourse through the lens of a realist jurisprudence, arguing that guarantees of equal protection or due process have failed non-dominant groups throughout long histories of... 2007 Yes
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