| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| Khiara M. Bridges |
ON THE COMMODIFICATION OF THE BLACK FEMALE BODY: THE CRITICAL IMPLICATIONS OF THE ALIENABILITY OF FETAL TISSUE |
102 Columbia Law Review 123 (January, 2002) |
Recent scientific experimentation has revealed that fetal tissue yielded from abortions has remarkable therapeutic value. This Note posits that the demand for fetal tissue likely will expand to the point where the current supply no longer satisfies it. Therefore, in order to obtain tissue from women who would not otherwise donate their abortuses,... |
2002 |
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| Berta Esperanza Hernández-Truyol |
OUT OF THE SHADOWS: TRAVERSING THE IMAGINARY OF SAMENESS, DIFFERENCE, AND RELATIONALISM - A HUMAN RIGHTS PROPOSAL |
17 Wisconsin Women's Law Journal 111 (Spring 2002) |
Throughout history different visions of men and women have evolved; from Aristotle to Aquinas, they have been deemed to exist in separate spheres. These different images are deeply embedded in our psychology. They define our expectations about appropriate behavior of and locations for men and women in law and civil society. One author captures... |
2002 |
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| Thorne Clark |
PROTECTION FROM PROTECTION: SECTION 1983 AND THE ADA'S IMPLICATIONS FOR DEVISING A RACE-CONSCIOUS POLICE MISCONDUCT STATUTE |
150 University of Pennsylvania Law Review 1585 (May, 2002) |
In the dome the prisoner waited . . . shackled to inertia by a great chain of years. -- Henry Dumas, black-American author slain bya police officer in a case of mistaken identity Henry Dumas was no prophet; he merely illustrated what was and is readily apparent to those inclined or forced to consider the extent and the impact of racism in daily... |
2002 |
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| Laura E. Gómez |
RACE MATTERED: RACIAL FORMATION AND THE POLITICS OF CRIME IN TERRITORIAL NEW MEXICO |
49 UCLA Law Review 1395 (June, 2002) |
In this Article, Professor Gómez elaborates on Michael Omi and Howard Winant's theory of racial formation. First, she provides an empirical application of the theory to a particular legal context: criminal litigation in late-nineteenth-century New Mexico. Second, while Omi and Winant emphasize the theory's fit with mid- and late-twentieth-century... |
2002 |
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| Rachel F. Moran |
RACE, REPRESENTATION, AND REMEMBERING |
49 UCLA Law Review 1513 (June, 2002) |
Both law and history have played important roles in consolidating the identity of the modern nation-state. Although each discipline relies on similar fact-finding techniques, the two fields diverged as historians pursued grand narratives and legal scholars sought a rationalized and perfected system of laws. Today, the intellectual traditions in... |
2002 |
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| Cheryl L. Wade |
RACIAL DISCRIMINATION AND THE RELATIONSHIP BETWEEN THE DIRECTORIAL DUTY OF CARE AND CORPORATE DISCLOSURE |
63 University of Pittsburgh Law Review 389 (Winter, 2002) |
Two corporate employers paid settlements of seismic proportions to minority employees alleging race discrimination in recent years. In 1996, Texaco settled a class action alleging race discrimination for $176 million, and in 2000, Coca-Cola settled race discrimination litigation for $192.5 million. The terms of both settlements required the... |
2002 |
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| Spencer Overton |
RACIAL DISPARITIES AND THE POLITICAL FUNCTION OF PROPERTY |
49 UCLA Law Review 1553 (June, 2002) |
Race theorists note that racial discrimination has shaped the existing distribution of economic resources, and use this observation to justify reparations, to defend affirmative action, and to call for other legal changes that would improve the socioeconomic status of people of color. This Article takes the theorists' observation further. Property... |
2002 |
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| Robert Westley |
REPARATIONS AND SYMBIOSIS: RECLAIMING THE REMEDIAL FOCUS |
71 UMKC Law Review 419 (Winter 2002) |
The metaphors that a society uses to describe injustice matter to the extent that they inform remedial responses to the unjust, motivate political resistance, and construct identity narratives for actors caught up in the web of social relations. Racism is a powerful metaphor of injustice that crosses multiple social boundaries. Sexism is another... |
2002 |
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| Pedro A. Malavet |
REPARATIONS THEORY AND POSTCOLONIAL PUERTO RICO: SOME PRELIMINARY THOUGHTS |
13 Berkeley La Raza Law Journal 387 (Fall 2002) |
Introduction: Why Are You Here?. 387 I. Rotating Centers in the Reparations Discourse: The Sensitive Matter of Race. 393 II. Reparations Theory Through a LatCrit Lens. 399 A. The Legislation-Litigation Paradox for Reparations. 399 B. Constructing a LatCritical Meaning for Reparations. 404 C. Re/Creating Citizenship for Oppressed Groups Through... |
2002 |
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| Maria Grahn-Farley |
RESPONSIBLE SELVES: WOMEN IN THE NORDIC LEGAL CULTURES. (KEVÄT NOUSIAINEN, ASA GUNNARSSON, KARIN LUNDSTRÖM, & JOHANNA NIEMI-KIESILÄINEN EDS.). BURLINGTON, VERMONT: ASHGATE DARTMOUTH, 2001. IX + 373. |
24 Michigan Journal of International Law 169 (Fall 2002) |
A ghost is haunting Europe today, the ghost of fascism. The European elections have been haunted by fascist political success. Fascism in Europe is as alive today as it was in the 1930s. Neo-nazi and fascist activities haunt Europe and threaten its future. The recent French presidential election is but one example of the ghost of fascism haunting... |
2002 |
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| Cheryl Lynn Wofford Hill |
RESTATING INTERNATIONAL JURISPRUDENCE IN INCLUSIVE TERMS: LANGUAGE AS METHOD IN CREATING A HOSPITABLE WORLDVIEW |
27 Oklahoma City University Law Review 297 (Spring 2002) |
L1-3Introduction L1-3I. Worldviews L2-3A. The Masculine Worldview as Patriarchy 1. Understanding Patriarchy from a Hospitable Perspective 2. The Language of Patriarchy a. Masculine Norms and Bias b. The Self and the Other 3. Masculine Jurisprudence: Traditional Categorization L2-3B. An Inclusive Worldview as Feminism 1. Understanding Feminism from... |
2002 |
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| Steven W. Bender , Keith Aoki |
SEEKIN' THE CAUSE: SOCIAL JUSTICE MOVEMENTS AND LATCRIT COMMUNITY |
81 Oregon Law Review 595 (Fall 2002) |
These are revolutionary times. All over the globe men are revolting against old systems of exploitation and oppression, and out of the wounds of a frail world, new systems of justice and equality are being born. The shirtless and barefoot people of the land are rising up as never before. The people who sat in darkness have seen a great light. We in... |
2002 |
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| Susan W. Tiefenbrun |
SEX SELLS BUT DRUGS DON'T TALK: TRAFFICKING OF WOMEN SEX WORKERS AND AN ECONOMIC SOLUTION |
24 Thomas Jefferson Law Review 161 (Spring 2002) |
Sex trafficking is a lucrative international business, second only in profits to the drug and weapons trade. More than 2,000,000 women around the world are bought and sold each year for the purpose of sexual exploitation, and 50,000 of these women are trafficked into the United States in a modern-day form of slavery called non-consensual sex work.... |
2002 |
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| Deborah Zalesne |
SEXUAL HARASSMENT LAW IN THE UNITED STATES AND SOUTH AFRICA: FACILITATING THE TRANSITION FROM LEGAL STANDARDS TO SOCIAL NORMS |
25 Harvard Women's Law Journal 143 (Spring, 2002) |
I. L2-5,T5Attempts at Legislating Personal Relationships in the Workplace: Sexual Harassment Legislation in South Africa and the United States 151 A. L3-5,T5South African Sexual Harassment Law: Low Priority Status 151 1. L4-5,T5The Root of the Problem 151 2. L4-5,T5Fixing the Problem: Legal Reform 156 a. The Law Before 1998: History of Sexual... |
2002 |
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| William N. Eskridge, Jr |
SOME EFFECTS OF IDENTITY-BASED SOCIAL MOVEMENTS ON CONSTITUTIONAL LAW IN THE TWENTIETH CENTURY |
100 Michigan Law Review 2062 (August, 2002) |
I. Constitutional Arguments and Strategies Deployed by Three Twentieth Century Identity-Based Social Movements. 2069 A. The Civil Rights Movement. 2072 1. The Politics of Protection, 1913-40. 2073 2. The Politics of Recognition and Some Remediation, 1940-72. 2082 3. The Politics of Remediation and the New Politics of Preservation, 1972-Present.... |
2002 |
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| Pierre Schlag |
THE AESTHETICS OF AMERICAN LAW |
115 Harvard Law Review 1047 (February, 2002) |
I. The Aesthetic of the Grid. 1055 A. Grids. 1055 B. Drawing the Line. 1055 C. Applying the Law. 1058 D. Policing the Law. 1059 E. Seduction. 1059 F. Alienation. 1061 G. Classification Mania. 1062 H. Legal Change. 1065 I. Restraint Anxiety. 1066 II. The Energy Aesthetic. 1070 A. Moving Transformations. 1070 B. Law Is on a Mission. 1071 C. Let's... |
2002 |
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| Kevin R. Johnson |
THE END OF "CIVIL RIGHTS" AS WE KNOW IT?: IMMIGRATION AND CIVIL RIGHTS IN THE NEW MILLENNIUM |
49 UCLA Law Review 1481 (June, 2002) |
This Article considers how emerging critical scholarship contributes to our understanding of the civil rights implications of immigration law and its enforcement. It further analyzes how immigration generates, and will continue to generate, new civil rights controversies in the United States for the foreseeable future. The nation has only begun to... |
2002 |
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| Victor M. Hwang |
THE HMONG CAMPAIGN FOR JUSTICE: A PRACTITIONER'S PERSPECTIVE |
9 Asian Law Journal 83 (May, 2002) |
In the post-civil rights era, a chasm has evolved between progressive race scholars and civil rights practitioners with respect to preserving the civil rights of communities of color. Focusing on the Hmong campaign against welfare reform, the author argues that political and rebellious lawyering can bypass the disjuncture between practitioners and... |
2002 |
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| Sylvia R. Lazos Vargas |
THE LATINA/O AND APIA VOTE POST-2000: WHAT DOES IT MEAN TO MOVE BEYOND "BLACK AND WHITE" POLITICS? |
81 Oregon Law Review 783 (Winter 2002) |
LatCrit 2002 took place at an auspicious political juncture, a year and a half after the fateful Bush v. Gore decision, which broke a virtual electoral tie in favor of the Republican presidential candidate, and six months prior to the 2002 November midterm elections, in which Republicans swept into power in both houses of Congress, breaking... |
2002 |
|
| John O. Calmore |
THE LAW AND CULTURE-SHIFT: RACE AND THE WARREN COURT LEGACY |
59 Washington and Lee Law Review 1095 (Fall, 2002) |
I. L2-3,T3Introduction 1096. II. L2-3,T3Race Law: The View from Culture 1104. III. L2-3,T3City of Memphis v. Greene: The Legal Construction of Unwanted Traffic 1112. IV. L2-3,T3The Expanding Regulation of Unwanted Traffic: Vignettes Beyond the Bench 1120. A. Public Accommodations at the Adam's Mark Hotel Chain. 1122 B. Dubuque, Iowa, and the... |
2002 |
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| Duncan Kennedy |
THE LIMITED EQUITY COOP AS A VEHICLE FOR AFFORDABLE HOUSING IN A RACE AND CLASS DIVIDED SOCIETY |
46 Howard Law Journal 85 (Fall 2002) |
The limited equity cooperative is a form of housing tenure in which shareholder residents manage their buildings, within limits imposed by a charter, and have the right to get back what they have paid for their shares plus an allowance for improvements, if and when they decide to leave. The limited equity cooperative (hereinafter LEC) is neither... |
2002 |
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| Adrien Katherine Wing , Mark Richard Johnson |
THE PROMISE OF A POST-GENOCIDE CONSTITUTION: HEALING RWANDAN SPIRIT INJURIES |
7 Michigan Journal of Race and Law 247 (Spring 2002) |
I. INTRODUCTION. 249 II. A Historical Background. 253 A. Pre-Colonial Accounts of Rwandan History and the Struggle to Define the Conflict. 253 B. The Colonial Period. 258 1. The Traditional Account's Reliance on Ethnicity Alone. 258 2. The Social Construction of Race: Colonial Racialization of the Tutsi. 259 3. The End of Colonialism. 260 C. The... |
2002 |
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| John Hayakawa Török |
THE STORY OF "TOWARDS ASIAN AMERICAN JURISPRUDENCE" AND ITS IMPLICATIONS FOR LATINAS/OS IN AMERICAN LAW SCHOOLS |
13 Berkeley La Raza Law Journal 271 (Fall 2002) |
History is important. You choose who you are by choosing which tradition you belong to. Aung San Suu Kyi seeks to call attention to what she sees as the best aspects of the national and cultural heritage and to identify herself with them. Such profound knowledge and such a deep sense of identity are an irresistible force in the political struggle.... |
2002 |
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| Theresa Glennon |
THE STUART ROME LECTURE KNOCKING AGAINST THE ROCKS: EVALUATING INSTITUTIONAL PRACTICES AND THE AFRICAN AMERICAN BOY |
5 Journal of Health Care Law and Policy 10 (2002) |
A Frisky Child Knocks His Face Against the Rocks. The media portrays young black men as dangerous, hostile and out of control. While many African American boys do succeed, statistics about black youth reveal serious achievement gaps between them and their Caucasian counterparts in school and high rates of arrest and referral to juvenile court.... |
2002 |
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| Frank Rudy Cooper |
THE UN-BALANCED FOURTH AMENDMENT: A CULTURAL STUDY OF THE DRUG WAR, RACIAL PROFILING AND ARVIZU |
47 Villanova Law Review 851 (2002) |
THE drug war is the United States' attempt to eradicate illegal drug use by means of investigation and punishment of drug users and drug suppliers. In its current form, the drug war emanates from then newly elected President Ronald Reagan's declaration of a war on drugs. This Article seeks to elucidate how law enforcement interests aimed... |
2002 |
|
| José E. Alvarez |
THE WTO AS LINKAGE MACHINE |
96 American Journal of International Law 146 (January, 2002) |
The contributors to this symposium, both principal authors and commentators, ably demonstrate that there are indeed overarching constructs linking the subdisciplines of international law. All of the writers here assume that linkage issues arise for the World Trade Organization, as they have with respect to a number of other intergovernmental... |
2002 |
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| Beverly I. Moran |
TRAPPED BY A PARADOX: SPECULATIONS ON WHY FEMALE LAW PROFESSORS FIND IT HARD TO FIT INTO LAW SCHOOL CULTURES |
11 Southern California Review of Law and Women's Studies 283 (Spring 2002) |
In October of 1999, the Association of American Law Schools (AALS) hosted a workshop for female law professors, entitled Getting Unstuck Without Coming Unglued. The point of the workshop was to bring women together from across the country to discuss a common problem: no matter how good it looks from the outside, many women find law teaching... |
2002 |
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| Marion Crain |
WHITEWASHED LABOR LAW, SKINWALKING UNIONS |
23 Berkeley Journal of Employment and Labor Law 211 (2002) |
I. Introduction. 212 II. Class Solidarity Means White Solidarity: Race-Neutral Organizing. 216 A. Slavery's Legacy. 217 B. White Privilege. 219 C. Colorblind Organizing Ideology. 221 III. An Alternative Ideology: Civil Rights Unionism. 223 A. Struggles for Racial/Economic Justice. 224 B. Immigrant Organizing. 228 IV. Colorblind Organizing... |
2002 |
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| William Brewbaker |
WHO CARES? WHY BOTHER?: WHAT JEFF POWELL AND MARK TUSHNET HAVE TO SAY TO EACH OTHER |
55 Oklahoma Law Review 533 (Fall, 2002) |
In 1993, H. Jefferson Powell wrote a book entitled The Moral Tradition of American Constitutionalism. Powell's book offers, among other things, a Christian theological perspective on the conceptual and moral quagmire into which the American constitutional tradition has worked itself. Mark Tushnet eventually reviewed the book for the Journal... |
2002 |
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| Lorraine Schmall |
WOMEN AND PENSION REFORM: ECONOMIC INSECURITY AND OLD AGE |
35 John Marshall Law Review 673 (Summer 2002) |
One measure of economic security is participation in a pension plan. Despite all the talk about Social Security insolvency and fears of aged poverty, over the last fifteen years, the private supplemental pension coverage rates have remained fairly stable; just short of 50% for all workers. However, alleging that one-half of all American employees... |
2002 |
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| |
WOMEN'S ANNOTATED LEGAL BIBLIOGRAPHY |
8 Cardozo Women's Law Journal 313 (2002) |
Abortion. 313 Adoption & Visitation Rights. 314 Battered Women & Domestic Violence. 317 Breastfeeding. 320 Children's Rights. 320 Education. 322 Gay Rights. 324 Human Rights. 326 Internet. 329 Juvenile Delinquency. 330 Matrimonial. 331 Miscellaneous. 333 Prostitution. 336 Rape & Sexual Assault. 337 Reproductive Rights. 339 |
2002 |
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| Roberta Rosenthal Kwall |
"AUTHOR-STORIES:" NARRATIVE'S IMPLICATIONS FOR MORAL RIGHTS AND COPYRIGHT'S JOINT AUTHORSHIP DOCTRINE |
75 Southern California Law Review 1 (November, 2001) |
INTRODUCTION. 2 I. THE OPERATION OF NARRATIVE AND ITS POTENTIAL FOR ILLUMINATING THE VOICE OF THE AUTHOR. 8 A. The Mechanics of Legal Narrative. 9 B. Narrative's Potential for Illuminating the Author's Voice in Copyright Law. 14 II. NARRATIVE'S IMPLICATIONS FOR MORAL RIGHTS IN THE UNITED STATES. 22 A. Moral Rights and the Creation Process. 22 B.... |
2001 |
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| Laura M. Padilla |
"BUT YOU'RE NOT A DIRTY MEXICAN":INTERNALIZED OPPRESSION, LATINOS & LAW |
7 Texas Hispanic Journal of Law and Policy 59 (Fall 2001) |
I. Introduction. 61 II. Internalized Oppression and Racism. 65 A. Working Definitions of Internalized Oppression and Racism. 65 B. Internalized Racism and Latinos. 67 III. Latinos' Internalized Oppression as Revealed in the Law. 73 A. Proposition 187. 74 B. Proposition 209. 81 C. Proposition 227. 85 D. Cordova v. Vaughn Municipal School District.... |
2001 |
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| Walter R. Allen, Ph.D., and Daniel Solorzano, Ph.D. |
AFFIRMATIVE ACTION, EDUCATIONAL EQUITY AND CAMPUS RACIAL CLIMATE: A CASE STUDY OF THE UNIVERSITY OF MICHIGAN LAW SCHOOL |
12 Berkeley La Raza Law Journal 237 (2001) |
I. Purpose and Organization of Study. 238 A. Campus Racial Climate. 239 II. Prelude to Law School: Campus Racial Climate and the Undergraduate Experience. 240 A. Focus Group Findings: Undergraduate Feeders to the University of Michigan Law School. 242 1. Research Procedures and Participants. 242 2. Results. 244 B. Undergraduate Survey Findings. 268... |
2001 |
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| Ryan Fortson |
AFFIRMATIVE ACTION, THE BELL CURVE, ANDLAW SCHOOL ADMISSIONS |
24 Seattle University Law Review 1087 (Spring 2001) |
Affirmative action is now, as it has been since it began, a hot button issue in American politics. There is a pervading sense in the country that affirmative action is no longer necessary, that opportunities for minorities have become equalized or at least are not worth the cost of depriving deserving individuals of jobs based on their... |
2001 |
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| Cassandra Jones Havard |
AFRICAN-AMERICAN FARMERS AND FAIR LENDING: RACIALIZING RURAL ECONOMIC SPACE |
12 Stanford Law and Policy Review 333 (Spring 2001) |
In the context of small farm policy, two core democratic principles-- federalism and neutrality--are ultimately flawed as applied. [T]he rules and the law may be color-blind, [but] people are not. -J. L. Chestnut, Plaintiffs' Attorney Pigford v. Glickman. The relationship of the federal government to the economic development of the minority-owned... |
2001 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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| 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 |
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