AuthorTitleCitationSummaryYearKey Terms in Title or Summary
David H. Getches BEYOND INDIAN LAW: THE REHNQUIST COURT'S PURSUIT OF STATES' RIGHTS, COLOR-BLIND JUSTICE AND MAINSTREAM VALUES 86 Minnesota Law Review 267 (December, 2001) The Supreme Court has made radical departures from the established principles of Indian law. The Court ignores precedent, construing statutes, treaties, and the Constitution liberally to reach results that comport with a majority of the Justices' attitudes about federalism, minority rights, and protection of mainstream values. In the process,... 2001  
Edward Greer BEYOND WHOSE REASON?: OF BLACKS, JEWS, AND THE QUEST FOR TRUTH 5 Texas Hispanic Journal of Law and Policy 59 (Spring 2001) Beyond all Reason: The Radical Assault on Truth in American Law. By Daniel A. Farber and Suzanna Sherry. Oxford University Press. 1997. Pp.195. $25.00 I. The Popular Format of Beyond All Reason Creates Unmet Methodological Responsibilities. 63 II. Is It Good for the Jews?. 65 III. The Farber and Sherry Model of Anti-Semitism is Wrong. 69 IV.... 2001  
Mary Ellen Gale CALLING IN THE GIRL SCOUTS: FEMINIST LEGAL THEORY AND POLICE MISCONDUCT 34 Loyola of Los Angeles Law Review 691 (January, 2001) The most surprising thing about feminist legal scholarship on police misconduct is that there is not much of it. This comparative silence is surprising because feminist legal theorists have taken it as their mission to question everything. Feminist legal scholars have investigated and critiqued a wide variety of laws and legal issues--not just the... 2001  
Margaret E. Montoya CLASS IN LATCRIT: THEORY AND PRAXIS IN A WORLD OF ECONOMIC INEQUALITY 78 Denver University Law Review 467 (2001) The fifth annual Latina/o critical legal theory (LatCrit) conference was held on May 4-7, 2000 in Breckenridge, Colorado. The mountain resorts of Colorado present an almost metaphorical location for a critical theory meeting. The majesty and apparent harmony of the natural environment contrast so vividly with the cotidian conflicts in the human... 2001  
K.L. Broad CRITICAL BORDERLANDS & INTERDISCIPLINARY, INTERSECTIONAL COALITIONS 78 Denver University Law Review 1141 (2001) In this piece, I am exploring what it means to participate as an activist scholar in a politics of difference. In so doing, I am reading LatCrit as an intellectual legal movement enacting a politics of difference by embodying ideals of difference, intersectionality, interdisciplinarity, and coalition. I participate in this politics of... 2001  
Peter Goodrich DUNCAN KENNEDY AS I IMAGINE HIM: THE MAN, THE WORK, HIS SCHOLARSHIP, AND THE POLITY 22 Cardozo Law Review 971 (March, 2001) The fall 1996 issue of Harvard Law Bulletin, the school's alumni magazine, carries a lengthy section on recent appointments to named chairs at the school. Each newly endowed law professor is photographed. In the accompanying text they are interviewed, and their work is described. The section is preceded by a stark, full-page photograph of a plain,... 2001  
Cheryl I. Harris EQUAL TREATMENT AND THE REPRODUCTION OF INEQUALITY 69 Fordham Law Review 1753 (April, 2001) A way of seeing is also a way of not seeing. . . . The title of this article owes a great deal to the provocative questions raised by the framers, and here I mean the framers of the conference. Specifically they ask: Do the Constitution's protections of certain freedoms and of equality itself limit what government may do to secure equal... 2001  
Antoinette Sedillo Lopez ETHNOCENTRISM AND FEMINISM: USING A CONTEXTUAL METHODOLOGY IN INTERNATIONAL WOMEN'S RIGHTS ADVOCACY AND EDUCATION 28 Southern University Law Review 279 (Special Edition 2001) In the 1990's, international human rights discourse included a disquieting debate about a perceived clash between universal human rights and respect for culture. Nowhere did this debate play out more vigorously than in the area of women's rights. This debate was troubling. Many women had banded together as part of a global women's movement to... 2001  
Sylvia R. Lazos Vargas HISTORY, LEGAL SCHOLARSHIP, AND LATCRIT THEORY: THE CASE OF RACIAL TRANSFORMATIONS CIRCA THE SPANISH AMERICAN WAR, 1896-1900 78 Denver University Law Review 921 (2001) The period from 1896 to 1900, the period prior to, during, and immediately following the Spanish American War, which became known to Americans as the splendid little war, was a momentous time. An in-depth study of this five-year period--the events leading to the Spanish American War, the War itself and its aftermath--yields a rich and deep... 2001  
Darren Lenard Hutchinson IDENTITY CRISIS: "INTERSECTIONALITY," "MULTIDIMENSIONALITY," AND THE DEVELOPMENT OF AN ADEQUATE THEORY OF SUBORDINATION 6 Michigan Journal of Race and Law 285 (Spring 2001) INTRODUCTION. 285 I. Conflicting Identities and Movements. 290 A. The Politics of Essentialism. 290 B. The Contradictions of Essentialism. 295 II. Crisis In Law. 298 A. The Comparative Rhetoric of Equality. 298 B. Either/Or Antidiscrimination Analysis. 301 III. Intersectionality, Multidimensionality and Beyond. 307 A. The Intersectionality... 2001  
Francisco Valdes INSISTING ON CRITICAL THEORY IN LEGAL EDUCATION: MAKING DO WHILE MAKING WAVES 12 Berkeley La Raza Law Journal 137 (2001) In practice, Judge Olmos serves as an exemplar of everything, both right and wrong, with this nation, this state, and this institution: history illustrates both how America can provide opportunity through the very institutions that oppress and suffocate America's many Others. His example and legacy show us that we - you - not only can survive this... 2001  
Elizabeth M. Iglesias , Francisco Valdes LATCRIT AT FIVE: INSTITUTIONALIZING A POSTSUBORDINATION FUTURE 78 Denver University Law Review 1249 (2001) I. Reflections on LatCrit Theory and Consciousness: Five Years of Intellectual Journeys A. Origins: An Overview B. Coming Together: Moments and Notes of Collective Learning 1. LatCrit V: From Class-versus-Identity to Critical Coalitional Communities 2. Race and Ethnicity: From Domestic Paradigms to International Contexts II. LatCrit Praxis:... 2001  
Orville Lee LEGAL WEAPONS FOR THE WEAK? DEMOCRATIZING THE FORCE OF WORDS IN AN UNCIVIL SOCIETY 26 Law and Social Inquiry 847 (Fall 2001) First Amendment absolutists and proponents of speech regulation are locked in a normative stalemate over the best way to diminish racial hate speech. I argue that this stalemate can be overcome by considering a more expansive theory of the force of words and the risks the right of free speech entails for individuals. Drawing on a cultural... 2001  
Megan Berry LIMITED CLASSIFICATION OF HUMAN CAPITAL AS MARITAL PROPERTY 11 Journal of Contemporary Legal Issues 881 (2001) The origins of property rights in the United States are rooted in racial domination. Even in the early years of the country, it was not the concept of race alone that operated to oppress blacks and Indians; rather, it was the interaction between conceptions of race and property that played a critical role in establishing and maintaining racial and... 2001  
  PART THREE: SYNOPSES OF ARTICLES, ESSAYS, BOOKS, AND BOOK CHAPTERS 7 Clinical Law Review 55 (Spring 2001) (arranged alphabetically by author's surname) AALS, Submission of the Association of American Law Schools to the Supreme Court of the State of Louisiana Concerning the Review of the Supreme Court's Student Practice Rule, 4 Clin. L. Rev. 539 (1998).* This is a condensed version of a submission to the Louisiana Supreme Court by the Association of... 2001  
Edward L. Rubin PASSING THROUGH THE DOOR: SOCIAL MOVEMENT LITERATURE AND LEGAL SCHOLARSHIP 150 University of Pennsylvania Law Review 1 (November, 2001) During the past three decades, the study of social movements has become a major area of social science research in both America and Continental Europe. As is often true, a different approach has been adopted in these two places, so that, in effect, there are two separate literatures on the subject. But the gap between American and Continental... 2001  
Francisco Valdes POSTCOLONIAL ENCOUNTERS IN THE POSTPINOCHET ERA: A LATCRIT PERSPECTIVE ON SPAIN, LATINAS/OS AND "HISPANISMO" IN THE DEVELOPMENT OF INTERNATIONAL HUMAN RIGHTS 9 University of Miami International and Comparative Law Review 189 (2000/2001) I. Introduction. 189 II. LatCrit Theory: A Summary Overview. 197 III. Spain and International Human Rights Norms in the PostPinochet Era: LatCrit Extrapolations on Pending Postcolonial Encounters. 206 IV. Conclusion. 222 2001  
  PROMOTING RACIAL EQUALITY 9 Journal of Law & Policy 347 (2001) Professor Machoney I want to welcome you to this panel. This panel is on Promoting Racial Equality in light of the emerging economic and demographic trends in the twenty-first century. There is the question of defining what racial equality means, and against this background, there is also a question of methodology. We have a distinguished panel... 2001  
Kathryn Abrams RACE AND RACES: CONSTRUCTING A NEW LEGAL ACTOR 89 California Law Review 1589 (October, 2001) One crucial consequence of our classroom pedagogy is the formation of certain kinds of thinkers and actors. Most of us acknowledge this, in a general way: our teaching helps students to think like lawyers. Some scholars have theorized this thought process more specifically, when they have written, for example, about the kinds of intellectual... 2001  
Ilhyung Lee RACE CONSCIOUSNESS AND MINORITY SCHOLARS 33 Connecticut Law Review 535 (Winter, 2001) Not many of you should pursue to be teachers . . . because you know that we who teach will be judged more strictly. At the turn of the century, America appears still defined, at least in significant part, by its race problem. Race is the most American of problems, the overriding American problem, the most serious, the most divisive, and the... 2001  
Anthony V. Alfieri RACE PROSECUTORS, RACE DEFENDERS 89 Georgetown Law Journal 2227 (July, 2001) For more than a decade, I have searched the ethics of the lawyering process for the place of identity, narrative, and community, initially looking to poverty law practice and more recently turning to criminal law representation. From the outset, race figured prominently in this search. During the last five years, the figurations of race have grown... 2001  
John O. Calmore RACE-CONSCIOUS VOTING RIGHTS AND THE NEW DEMOGRAPHY IN A MULTIRACING AMERICA 79 North Carolina Law Review 1253 (June, 2001) This Essay argues that demographic changes that add Latinos and Asians to the nation's population are unlikely to undermine the analytical framework of the Voting Rights Act of 1965, even though that framework is grounded in the biracial politics of blacks and whites in the South. Rather than the new demography, Supreme Court decisions that... 2001  
Eric K. Yamamoto , Jen-L W. Lyman RACIALIZING ENVIRONMENTAL JUSTICE 72 University of Colorado Law Review 311 (Spring 2001) [Racial c]ommunities are not all created equal. Yet, the established environmental justice framework tends to treat racial minorities as interchangeable and to assume for all communities of color that health and distribution of environmental burdens are main concerns. For some racialized communities, however, environmental justice is not only, or... 2001  
Robert F. Castro RESCUING CATALINA: LAW, STORYTELLING, AND UNEARTHING THE HIDDEN HISTORY OF SOUTHWESTERN SLAVERY 12 La Raza Law Journal 123 (2001) Like an archeologist at a prehistoric dig, the treasures that reveal themselves to legal historians are few and far between. Once in a great while, excavations unearth important relics that merit further study. This is important, because whether one's trade turns on fossils or legal documents the hope is that these items will offer new insights... 2001  
Gitanjali S. Gutierrez TAKING ACCOUNT OF ANOTHER RACE: REFRAMING ASIAN-AMERICAN CHALLENGES TO RACE-CONSCIOUS ADMISSIONS IN PUBLIC SCHOOLS 86 Cornell Law Review 1283 (September, 2001) Introduction. 1284 I. Equal Protection Analysis and Race-Neutral Doctrine. 1291 A. The Evolution of Race-Neutral Equal Protection Doctrine. 1291 B. Principal Rationales for Constitutional Colorblindness. 1293 1. Definitional Problems Beyond Judicial Competence: Benign and Invidious Classifications, Minority and Majority Racial Groups. 1293... 2001  
Elvia Rosales Arriola TALKING ABOUT POWER AND PEDAGOGY, INTRODUCTION FOR CLUSTER: "LATCRIT THEORY IN NEW CONTEXTS" 78 Denver University Law Review 507 (2001) LatCrit conferences always make me feel like I've come home. I wrote of this sentiment in my foreword to the Second Annual Symposium for LatCrit--on that feeling of familia that was generated by my witnessing a multi-racial/ethnic and gendered spectrum of people having the conversations that would become LatCrit I. I also reflected on how... 2001  
Margalynne Armstrong Teaching by the Book 89 California Law Review 1625 (October, 2001) This review of Race and Races presents a pragmatic perspective, discussing how the casebook perfomed in the classroom. I have twice assigned Race and Races as the primary text in three-unit seminars. I first taught the materials while in manuscript form (p. v), and then used the book in its first year of publication. Having taught similar courses... 2001  
Pamela Edwards , Sheilah Vance TEACHING SOCIAL JUSTICE THROUGH LEGAL WRITING 7 Legal Writing: The Journal of the Legal Writing Institute 63 (2001) Because the topic of social justice is important to both of the authors, we were pleased to participate in the 2000 Legal Writing Institute Conference, even though neither of the authors is currently a legal writing professor; however, we both were in the past. Incorporating social justice in legal writing assignments provides benefits for... 2001  
Dan Subotnik THE CULT OF HOSTILE GENDER CLIMATE: A MALE VOICE PREACHES DIVERSITY TO THE CHOIR 8 University of Chicago Law School Roundtable 37 (2001) There can be no doubt that law schools . . . favor men over women in almost every way imaginable. (I)t can be as destructive to the goal of improving the educational environment and opportunities for women to exaggerate gender differences as to ignore them. . . . (E)xaggerating them perpetuates myths . . . allowing significant achievement by women... 2001  
Richard Schur THE DIALOGIC CRITICISM OF RICHARD DELGADO: CHICANO/A LITERATURE, EQUALITY, AND THE RHETORIC OF FORM 19 Law & Inequality: A Journal of Theory and Practice 129 (Winter 2001) cuando lleguemos, cuando lleguemos, ya, la mera verdad estoy cansado de llegar. Es la misma cosa llegar que partir porque apenas llegamos y . . . la mera verdad estoy cansado de llegar. Mejor debería decir, cuando no lleguemos porque esa es la mera verdad. Nunca llegamos. - Tomás Rivera The word discourse derives from the Latin discursus, which... 2001  
Devon W. Carbado , Mitu Gulati THE FIFTH BLACK WOMAN 11 Journal of Contemporary Legal Issues 701 (2001) This symposium raises a pointed question about intersectionality: What is its future? The short answer is that the future of intersectionality is promising. In part, this promise derives from the foundation intersectionality has laid for the construction of an entire set of new theories of discrimination. One such theory is identity performance. In... 2001  
Philip C. Kissam THE IDEOLOGY OF THE CASE METHOD/FINAL EXAMINATION LAW SCHOOL 70 University of Cincinnati Law Review 137 (Fall, 2001) The case method/final examination system of law schools remains the predominant method of legal education despite dramatic changes in modern legal practices, powerful criticisms of the case method and final examinations, and challenges from new ideas and new forms of legal education such as clinical education and the legal writing movement. The... 2001  
Peter Goodrich , Linda G. Mills THE LAW OF WHITE SPACES: RACE, CULTURE, AND LEGAL EDUCATION 51 Journal of Legal Education 15 (March, 2001) The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist... 2001  
Kristi L. Bowman THE NEW FACE OF SCHOOL DESEGREGATION 50 Duke Law Journal 1751 (April, 2001) In 1998, the balance tipped: for the first time, Latinos and Latinas comprised a greater percentage of the national school-age population than did African Americans. Within forty years, Whites will become a statistical minority in the United States' school-age population --and in an increasing number of public school districts. In Hawaii, New... 2001  
Harvey Gee THE REFUGEE BURDEN: A CLOSER LOOK AT THE REFUGEE ACT OF 1980 26 North Carolina Journal of International Law and Commercial Regulation 559 (Spring 2001) I. Introduction. 560 II. Immigration, Policymaking, and the Law. 563 A. Citizenship and Community: The Racial and Cultural Politics of Belonging and the Plenary Power and Judicial Review. 563 B. Sharing the Burden of Refugees. 572 III. Reinterpreting Old Laws with New Perspectives. 573 IV. The Refugee Act of 1980 . 577 A. A Critical Theory of the... 2001  
Rebecca R. French TIME IN THE LAW 72 University of Colorado Law Review 663 (Summer 2001) . . . the whips and scorns of time . . . the law's delay. William Shakespeare Hamlet, Act 3 Scene 1 Time present and time past Are both perhaps present in time future, And time future contained in time past. If all time is eternally present All time is unredeemable. What might have been is an abstraction. . . . T.S. Eliot Burnt Norton... 2001  
Hope Lewis UNIVERSAL MOTHER: TRANSNATIONAL MIGRATION AND THE HUMAN RIGHTS OF BLACK WOMEN IN THE AMERICAS 5 Journal of Gender, Race and Justice 197 (Fall 2001) You don't have to be teacher and nurse to be important. Women migrants often embody--literally--the absence, the breakdown, or the inequities of the international legal regime. War, global economic restructuring, human rights abuses, the persistence of gender oppression all over the world each play a role--alone, in combination, or alongside other... 2001  
David Seawell WARDLOW'S CASE: A CALL TO BROADEN THE PERSPECTIVE OF AMERICAN CRIMINAL LAW 78 Denver University Law Review 1119 (2001) Sam saw Timothy, turned, and ran. Timothy saw Sam run, followed, and caught him. Timothy frisked Sam and found a gun. Sam went to a suppression hearing, a trial, a sentencing hearing, and finally jail. The events above began shortly after noon on September 9, 1995, at 4035 West Van Buren Street, Chicago, Illinois. Sam is Sam Wardlow, a 44-year-old... 2001  
Benjamin D. Steiner , Victor Argothy WHITE ADDICTION: RACIAL INEQUALITY, RACIAL IDEOLOGY, AND THE WAR ON DRUGS 10 Temple Political & Civil Rights Law Review 443 (Spring 2001) [O]pposing whiteness is not the same as opposing white people. White supremacy is an equal opportunity employer; nonwhite people can become active agents of white supremacy as well as passive participants in its hierarchies and rewards. Some of these kids come from beautiful homes, says W.J. Hunt, chairman of the Los Angeles County Narcotics and... 2001  
Enid Trucios-Haynes WHY "RACE MATTERS:" LATCRIT THEORY AND LATINA/O RACIAL IDENTITY 12 La Raza Law Journal 1 (2001) Latinas/os are a force to be reckoned with, and we now require our own room in the Master's House. Yet, we must not forget it is the Master's House, and we are constrained by the basic home rule that is White supremacy. Latinas/os are not exempt from the oppression of White supremacy, yet, as a group or individually, we often are seduced into... 2001  
Donna E. Young WORKING ACROSS BORDERS: GLOBAL RESTRUCTURING AND WOMEN'S WORK 2001 Utah Law Review 1 (2001) I. Introduction. 2 II. The Critique in Brief. 9 III. The Migration of Two Working Women: Globalism at Work. 12 IV. Regulating Domesticity Within the Home. 19 A. Domestic Work as Women's Work. 22 B. Legal (Mis)Constructions of Unpaid Domestic Work. 23 C. Legal (Mis)Treatment of Paid Domestic Work. 26 1. International and Federal Regulation. 26 2.... 2001  
Reginald Leamon Robinson "EXPERT" KNOWLEDGE: INTRODUCTORY COMMENTS ON RACE CONSCIOUSNESS 20 Boston College Third World Law Journal 145 (Winter, 2000) In my view, the central problem of human consciousness depends on this ability to imagine. What we observe is not nature itself, but nature exposed to our method of questioning. The more we experience nonsense, the more clearly we are experiencing the boundaries of our own self-imposed cognitive structures. Nonsense is that which does not fit... 2000  
Carrie Lynn H. Okizaki "WHAT ARE YOU?": HAPA-GIRL AND MULTIRACIAL IDENTITY 71 University of Colorado Law Review 463 (Spring 2000) What are you? As the hapa daughter of a Japanese father and a half-German, half-English mother, people have often asked me this question. I have had total strangers ask me Where were you born? After my response of Colorado, I usually get a reply like: Oh, I thought maybe you were from Hawaii--has anyone ever told you that you look Hawaiian?... 2000  
Ediberto Roman A RACE APPROACH TO INTERNATIONAL LAW (RAIL): IS THERE A NEED FOR YET ANOTHER CRITIQUE OF INTERNATIONAL LAW? 33 U.C. Davis Law Review 1519 (Summer, 2000) I seek not what his soul desires. He dreads not what my spirit fears. Our Heavens have shown us separate fires. Our dooms have dealt us differing years. Our daysprings and our timeless dead Ordained for us and still control Lives sundered at the fountain-head, And distant, now, as Pole from Pole. Yet, dwelling thus, these worlds apart, When we... 2000  
Kathryn Abrams AFTERWORD: CRITICAL STRATEGY AND THE JUDICIAL EVASION OF DIFFERENCE 85 Cornell Law Review 1426 (July, 2000) Every symposium is a feast of sorts, a fabulous array of tastes and textures that offer far more than one can possibly consume at a sitting. Participants enjoy a dizzying period of sampling at will and then settle in for a more extended period of digestion. Viewing the proceedings here in this light, one can only offer compliments to the chefs.... 2000  
Alfredo Mirande Gonzalez ALFREDO'S JUNGLE CRUISE: CHRONICLES ON LAW, LAWYERING, AND LOVE 33 U.C. Davis Law Review 1347 (Summer, 2000) No me escribistes, y mis cartas anteriores no se si las recibistes. Tu me olvidastes, y mataron mis amores el silencio que me distes .. Haber si a esta si le das contestacion EUFEMIA! Del amor pa que te escribo. Aqui quedo como amigo. Tu atento y muy seguro servidor. Carta a Eufemia, traditional Mexican song You didn't write to me, and I don't... 2000  
James Thuo Gathii ALTERNATIVE AND CRITICAL: THE CONTRIBUTION OF RESEARCH AND SCHOLARSHIP ON DEVELOPING COUNTRIES TO INTERNATIONAL LEGAL THEORY 41 Harvard International Law Journal 263 (Spring, 2000) Welcome to this special symposium Issue on international law and the developing world, which coincides with the recent renewal in interest, research, and publication in this area. The Issue's contributions are thoughtful and critical; the articles explore in important and new ways some of the most urgent themes in international law affecting... 2000  
Deborah W. Post APPROPRIATION & TRANSCULTURATION IN THE CREATION OF COMMUNITY 20 Boston College Third World Law Journal 117 (Winter, 2000) I participated in a roundtable discussion at the First National Meeting of the Regional People of Color Conferences entitled Celebrating Our Emerging Voices: People of Color Speak--Coherence or Tower of Babble? With the allusion to the Tower of Babel, the planners invoked a foundational myth, a metaphor within a narrative tradition that equates... 2000  
Deborah Jones Merritt ARE WOMEN STUCK ON THE ACADEMIC LADDER? AN EMPIRICAL PERSPECTIVE 10 UCLA Women's Law Journal 249 (Spring 2000) Feeling stuck is subjective; every woman experiences the job market differently. Despite the individuality of experience, this outline attempts to offer a somewhat global view of how men and women have fared in the legal academy. Sections I and II examine the experiences of law teachers who began their first nontenure-track law school position in... 2000  
Daria Roithmayr BARRIERS TO ENTRY: A MARKET LOCK-IN MODEL OF DISCRIMINATION 86 Virginia Law Review 727 (May, 2000) Introduction. 729 I. An Increasing Returns Primer. 738 A. Preliminary Assumptions. 738 B. Some Basic Concepts. 742 C. First-Movers, Standardization, and Anticompetitive Conduct. 750 D. Institutional Networks and Increasing Returns. 752 II. Anticompetitive Conduct in Legal Education. 754 A. Formal and Informal Rules: Segregation and Jim Crow. 755 B.... 2000  
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