AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Dorothy E. Roberts BLACKCRIT THEORY AND THE PROBLEM OF ESSENTIALISM 53 University of Miami Law Review 855 (July, 1999) Some critical scholars might object to a BlackCrit theory, which is focused on the identities, experiences, and aspirations of Black people, on the grounds that it is essentialist. BlackCrit theory, it could be argued, poses the danger of three forms of false universalism that are characteristic of essentialism. It could erroneously imply that... 1999  
Deborah Jones Merritt CALLING PROFESSOR AAA: HOW TO VISIT AT THE SCHOOL OF YOUR CHOICE 49 Journal of Legal Education 557 (December, 1999) You live in Detroit but long to surf at Malibu. You crave the company of comrades who share your interest in canon law. The dean assigned you to four committees, and your promotion is overdue. The in-laws just moved to town. Sometimes only a visiting semester at another school will do. But who receives those coveted invitations to visit? Does it... 1999  
A. Dan Tarlock CAN COWBOYS BECOME INDIANS? PROTECTING WESTERN COMMUNITIES AS ENDANGERED CULTURAL REMNANTS 31 Arizona State Law Journal 539 (Summer, 1999) [The governor] likes the idea of having a ... cowboy working for him. Said it was the one minority group he hadn't hired enough of in his administration. This article examines and evaluates the claims being asserted by communities stressed by rapid growth that they are entitled to some form of protection as an endangered remnant culture. It... 1999  
Daniel R. Ortiz CATEGORICAL COMMUNITY 51 Stanford Law Review 769 (April, 1999) The communitarian alternative to atomistic individualism in legal theory reproduces the very error it assails in liberal individualism. Professor Daniel R. Ortiz argues that the poststructuralist critique of the sovereign subject as appropriated by communitarian legal theories has been only half-applied--used as the founding premise for the attack... 1999  
A. Yasmine Rassam CONTEMPORARY FORMS OF SLAVERY AND THE EVOLUTION OF THE PROHIBITION OF SLAVERY AND THE SLAVE TRADE UNDER CUSTOMARY INTERNATIONAL LAW 39 Virginia Journal of International Law 303 (Winter, 1999) I. Introduction. 304 II. Formation and Modification of Customary International Law: Traditional Methodology and Human Rights. 310 A. Traditional Methodologies for Determining Customary International Law. 311 B. Human Rights as Customary International Law. 313 III. Evidence of Domestic State Practice of the Prohibition Against Slavery and the Slave... 1999  
James Thuo Gathii CORRUPTION AND DONOR REFORMS: EXPANDING THE PROMISES AND POSSIBILITIES OF THE RULE OF LAW AS AN ANTI-CORRUPTION STRATEGY IN KENYA 14 Connecticut Journal of International Law 407 (Fall 1999) The legal process cannot be treated by any serious movement for social change as a mere sham, but rather that it must be taken seriously as an enormously important aspect of social life and an arena of social struggle The rule of law undoubtedly restraints power, but it also prevents power's benevolent exercise . . . In this paper, I explore... 1999  
José E. Alvarez CRIMES OF STATES/CRIMES OF HATE: LESSONS FROM RWANDA 24 Yale Journal of International Law 365 (Summer 1999) I. Introduction. 365 II. Two Paradigms. 370 III. The Perils of Primacy. 385 A. History of a Genocide. 387 B. Primacy, the Rwandan Authorities, and Collective Memory. 392 C. Primacy's Audiences. 403 D. Primacy's Priorities. 418 IV. The Hazards of Ethnic Neutrality . 436 V. The Risks of Exceptionalism. 452 VI. Lessons from Rwanda. 458 A. Specific... 1999  
Nancy Levit CRITICAL OF RACE THEORY: RACE, REASON, MERIT, AND CIVILITY 87 Georgetown Law Journal 795 (February, 1999) A hazard lurks in any but the most careful representation of another's viewpoint. Call it slippage perhaps, or the essentialist error, the point is basically the same: communication rarely does complete justice to its object. The problem is compounded when the communication is mediated. We all know--without the benefit of theory (modern or... 1999  
Larry Cata Backer CULTURALLY SIGNIFICANT SPEECH: LAW, COURTS, SOCIETY, AND RACIAL EQUITY 21 University of Arkansas at Little Rock Law Review 845 (Summer, 1999) The University of Arkansas at Little Rock is engaged in a great mission. In the form of the Altheimer Symposium on Racial Equity in the Twenty-first Century, this mission has brought us all together, each of us dedicated to the concept that we can and should be actively seeking new ideas in our quest for racial justice. We each come, bringing with... 1999  
Dan Subotnik and Glen Lazar DECONSTRUCTING THE REJECTION LETTER: A LOOK AT ELITISM IN ARTICLE SELECTION 49 Journal of Legal Education 601 (December, 1999) [T]here are many ameritocratic considerations that frequently enter into evaluations of a scholar's work. The proper response is not to scrap the meritocratic ideal [but] to abjure all practices that exploit [its] trappings --friendship, the reputation of one's school-- that have nothing to do with the intellectual characteristics of the... 1999  
Sylvia R. Lazos Vargas DEMOCRACY AND INCLUSION: RECONCEPTUALIZING THE ROLE OF THE JUDGE IN A PLURALIST POLITY 58 Maryland Law Review 150 (1999) Introduction. 152 I. Majority-Minority Conflict Cases: The Problem of Epistemological Privileging. 160 A. Race-Based Epistemologies and Antidiscrimination Doctrine. 161 1. Conscious versus Unconscious Discrimination. 169 2. Intentional versus Negligent Discrimination. 171 3. Individual Autonomous Acts versus Socially Constructed Actors. 173 4.... 1999  
Donna Coker ENHANCING AUTONOMY FOR BATTERED WOMEN:LESSONS FROM NAVAJO PEACEMAKING 47 UCLA Law Review 1 (October, 1999) In this Article, Professor Donna Coker employs original empirical research to investigate the use of Navajo Peacemaking in cases involving domestic violence. Her analysis includes an examination of Navajo women's status and the impact of internal colonization. Many advocates for battered women worry that informal adjudication methods such as... 1999  
Adelaide H. Villmoare FEMINIST JURISPRUDENCE AND POLITICAL VISION 24 Law and Social Inquiry 443 (Spring, 1999) FRANCES E. OLSEN, ed. Feminist Legal Theory I: Foundations and Outlooks. New York: New York University Press, 1995. Pp. 575. $29.50 paper. --------, ed. Feminist Legal Theory II: Positioning Legal Theory Within the Law. New York: New York University Press, 1995. Pp. 581. $29.50 paper. D. KELLY WEISBERG, ed. Feminist Legal Theory. Foundations.... 1999  
Antony Anghie FINDING THE PERIPHERIES: SOVEREIGNTY AND COLONIALISM IN NINETEENTH-CENTURY INTERNATIONAL LAW 40 Harvard International Law Journal 1 (Winter, 1999) International law is universal. It is a body of law that applies to all states regardless of their specific cultures, belief systems, and political organizations. It is a common set of doctrines that all states use to regulate relations with each other. The association between international law and universality is so ingrained that pointing to this... 1999  
Adrienne D. Davis ; and Joan C. Williams FOREWORD 8 American University Journal of Gender, Social Policy and the Law 1 (1999) This Symposium inaugurates the Annual Feminist Legal Theory Lecture Series of the Washington College of Law's Gender, Work & Family Project. Martha Fineman, in honor of her two towering achievements in feminist jurisprudence, is the first lecturer. The first achievement is her ground-breaking work on dependency, about which we will say more later.... 1999  
William N. Eskridge, Jr. FOREWORD: LEGAL REGULATION OF HATE-BASED VIOLENCE 1999 Georgetown Journal of Gender and the Law 1 (Summer, 1999) The First Annual Gender, Sexuality, and the Law Symposium organized by the students who founded The Georgetown Journal of Gender and the Law illustrates the utility of such a journal. Read as a group, the symposium articles show how gender- and sexuality-based violence are interconnected and how feminism and queer theory can illuminate progressive... 1999  
Mary Berkheiser , William S. Boyd School of Law FRASIER MEETS CLEA THERAPEUTIC JURISPRUDENCE AND LAW SCHOOL CLINICS 5 Psychology, Public Policy, And Law 1147 (December, 1999) As other articles in this special theme issue demonstrate, preventive law has begun to bridge the gap between the theoretical nature of therapeutic jurisprudence and the actual practice of law. The author suggests that law school clinics can provide another avenue for integrating theory with practice. In law school clinics, students experience... 1999  
Linda S. Greene FROM TOKENISM TO EMANCIPATORY POLITICS: THE CONFERENCES AND MEETINGS OF LAW PROFESSORS OF COLOR 5 Michigan Journal of Race and Law 161 (Fall 1999) [C]lasses wishing to overturn the dominant form of rule are obliged to contend for intellectual and moral leadership of society, to wage a war of position long before a war of maneuver or insurrection can be successfully staged. In March of 1999 over 150 legal scholars of color from the nation's law schools came together in The First... 1999  
Marc R. Poirier GENDER STEREOTYPES AT WORK 65 Brooklyn Law Review 1073 (Winter, 1999) Virginia Valian's Why So Slow? examines why women in the professions continue to be held back relative to men in ways that have little to do with overt, intentional gender discrimination. It succeeds admirably. Dr. Valian presents a scientific basis for the argument that women are systematically disadvantaged through myriad small, often... 1999  
Alice M. Miller HUMAN RIGHTS AND SEXUALITY: FIRST STEPS TOWARD ARTICULATING A RIGHTS FRAMEWORK FOR CLAIMS TO SEXUAL RIGHTS AND FREEDOMS 93 American Society of International Law Proceedings 288 (March 24-27, 1999) This paper is part of a larger activist project exploring the ways in which formal human rights claims can contribute to the lively global discussion on sexuality and rights. Through this paper and other presentations, I hope to reach activists and theorists working in many different venues to consider how their work relates to efforts to build... 1999  
Elizabeth M. Iglesias IDENTITY, DEMOCRACY, COMMUNICATIVE POWER, INTER/NATIONAL LABOR RIGHTS AND THE EVOLUTION OF LATCRIT THEORY AND COMMUNITY 53 University of Miami Law Review 575 (July, 1999) This symposium marks and celebrates the proceedings of the LatCrit Third Annual Conference, which took place on Miami Beach in May 1998. Preceded by LatCrit I in La Joya and LatCrit II in San Antonio, the LatCrit III gathering marked a watershed event in the evolution of the LatCrit movement, both as the most recent intervention in outsider... 1999  
Robert Westley INTRODUCTION LAT CRIT THEORY AND THE PROBLEMATICS OF INTERNAL/EXTERNAL OPPRESSION: A COMPARISON OF FORMS OF OPPRESSION AND INTERGROUP/INTRAGROUP SOLIDARITY 53 University of Miami Law Review 761 (July, 1999) When asked to write this preface, I approached the task with enthusiasm and a certain amount of trepidation. My enthusiasm was clearly connected to the esteem with which I regard Latina/o Critical Theory (hereinafter Lat Crit). I have participated in each of the Lat Crit annual conferences since its inception in Puerto Rico, and I support this... 1999  
Margaret E. Montoya INTRODUCTION: LATCRIT THEORY: MAPPING ITS INTELLECTUAL AND POLITICAL FOUNDATIONS AND FUTURE SELF-CRITICAL DIRECTIONS 53 University of Miami Law Review 1119 (July, 1999) The third annual gathering of LatCrit scholars has resulted in this cluster of essays and articles that continue the work of defining the foundations and the future directions of this legal scholarship movement. As described in some of the articles within this cluster, LatCrit has had the benefit of learning valuable lessons from other slightly... 1999  
George A. Martínez LATINOS, ASSIMILATION AND THE LAW: A PHILOSOPHICAL PERSPECTIVE 20 Chicano-Latino Law Review 1 (Spring 1999) In the popular television program called Star Trek, there is an extremely dangerous group of aliens known as the Borg. They are part robot and part human. They have lost all individuality and are totally assimilated into the group, very much like insects. Their greeting to all other life forms is greatly feared: We are the Borg. Resistance is... 1999  
Kenneth W. Mack LAW, SOCIETY, IDENTITY, AND THE MAKING OF THE JIM CROW SOUTH: TRAVEL AND SEGREGATION ON TENNESSEE RAILROADS, 1875-1905 24 Law and Social Inquiry 377 (Spring, 1999) This article reexamines the well-known debate over the origins of de jure segregation in the American South, which began in 1955 with the publication of C. Vann Woodward's The Strange Career of Jim Crow. Arguing that the debate over Woodward's thesis implicates familiar but outmoded ways of looking at sociolegal change and Southern society, the... 1999  
Kevin R. Johnson LAWYERING FOR SOCIAL CHANGE: WHAT'S A LAWYER TO DO? 5 Michigan Journal of Race and Law 201 (Fall 1999) INTRODUCTION. 201 I. Litigation Versus Politics in Tying Theory to Practice. 206 II. The Duties of Lawyers to Clients as a Constraint on Social Change. 215 A. Conceptions of the Social Change Attorney and the Attorney's Professional Responsibilities to Clients. 217 1. The Zealous Advocate. 217 2. The Impact Lawyer. 220 3. The Critical Lawyer. 222... 1999  
John G. Osborn LEGAL PHILOSOPHY AND JUDICIAL REVIEW OF AGENCY STATUTORY INTERPRETATION 36 Harvard Journal on Legislation 115 (Winter, 1999) In response to the increasing complexity of our federal government, Congress has shifted much of its authority for policy development and implementation to administrative agencies. In 1984, the Supreme Court defined the constraints surrounding the power of these agencies to interpret and implement statutes when it handed down its decision in... 1999  
John B. Mitchell NARRATIVE AND CLIENT-CENTERED REPRESENTATION: WHAT IS A TRUE BELIEVER TO DO WHEN HIS TWO FAVORITE THEORIES COLLIDE? 6 Clinical Law Review 85 (Fall 1999) By nature I am a somewhat skeptical person. I do not trust much of what is in the papers, except perhaps the box scores contained in the sports section. Nor am I tempted to send away $19.95 plus shipping and handling for some cream which, when rubbed over the surface of my faded and rust-pitted car, is promised to magically restore the paint to its... 1999  
Peggy Cooper Davis NEGLECTED STORIES AND PROGRESSIVE CONSTITUTIONALISM 4 Widener Law Symposium Journal 101 (Spring, 1999) This symposium was convened to consider whether the Constitution of the United States was, is, or will be a progressive constitution. Although the meaning of progressivism has been held open for our exploration, we have been asked to take as a starting point the thought that progressivism entails commitment to three endeavors: 1) using law and... 1999  
Donald Braman OF RACE AND IMMUTABILITY 46 UCLA Law Review 1375 (June, 1999) In this Article, Donald Braman reviews the diversity of scientific and political opinion in debates about the nature of race and the consequences that these disagreements have had for constitutional law. He finds that the varied scientific and legislative classifications, presented in the briefs and oral arguments of a number of cases from Plessy... 1999  
Craig Hemmens , Katherine Bennett OUT IN THE STREET: JUVENILE CRIME, JUVENILE CURFEWS, AND THE CONSTITUTION 34 Gonzaga Law Review 267 (1998-1999) I would there were no age between ten and three-and-twenty, or that youth would sleep out the rest; for there is nothing in the between but getting wenches with child, wronging the ancientry, stealing, fighting. The awful precocity of youth and the criminal irresponsibility of parents, both alarmingly more glaring year by year . . . Once, kids were... 1999  
Pamela J. Smith ; PART II--ROMANTIC PATERNALISM--THE TIES THAT BIND: HIERARCHIES OF ECONOMIC OPPRESSION THAT REVEAL JUDICIAL DISAFFINITY FOR BLACK WOMEN AND MEN 3 Journal of Gender, Race and Justice 181 (Fall 1999) Preface I. Introduction II. Black Women and Economic Exploitation: No Romance and No Paternalistic Protection A. Economic Exploitation of Black Women's Labor B. Expanded Economic Exploitation 1. Exploitation Shown Through Type of Work Availability 2. Exploitation Shown Through Wage Disparities C. Black Women's Quasi-Protection Under Sex Plus D.... 1999  
Pamela J. Smith PART I--ROMANTIC PATERNALISM--THE TIES THAT BIND ALSO FREE: REVEALING THE CONTOURS OF JUDICIAL AFFINITY FOR WHITE WOMEN 3 Journal of Gender, Race and Justice 107 (Fall 1999) Preface I. Introduction II. Romantic Paternalism of Old: Law as a Cage A. Civic Disenfranchisement Under Romantic Paternalism B. Political Disenfranchisement Under Romantic Paternalism C. Educational Disenfranchisement Under Romantic Paternalism D. Economic Disenfranchisement Under Romantic Paternalism III. Broadening of Romantic Paternalism A.... 1999  
Tayyab Mahmud POSTCOLONIAL IMAGINARIES: ALTERNATIVE DEVELOPMENT OR ALTERNATIVES TO DEVELOPMENT? 9 Transnational Law & Contemporary Problems 25 (Spring, 1999) I. The Development Project. 27 II. Imprisoned Critiques. 28 III. Response to the Other Papers. 30 IV. Alternatives to Development. 32 1999  
Anthony V. Alfieri PROSECUTING RACE 48 Duke Law Journal 1157 (April, 1999) Theoreticians and practitioners in the American criminal justice system increasingly debate the role of racial identity, racialized narratives, and race-neutral representation in law, lawyering, and ethics. This debate holds special bearing on the growing prosecution and defense of acts of racially motivated violence. In this continuing... 1999  
Reginald Leamon Robinson RACE CONSCIOUSNESS: A MERE MEANS OF PREVENTING ESCAPES FROM THE CONTROL OF HER WHITE MASTERS? 15 Touro Law Review 401 (Winter, 1999) Ye are gods; and all of you are children of the most High. the Black Code , in the times [of] slavery forb[ade proprietors] to receive persons of the African race, because it might assist slaves to escape from the control of their masters. to classify is to disturb to build emphases, to create stresses, which obscure some of the data... 1999  
Harvey Gee RACE, RIGHTS, AND THE ASIAN AMERICAN EXPERIENCE: A REVIEW ESSAY 13 Georgetown Immigration Law Journal 635 (Summer, 1999) As a movement for social change, Asian American activism must confront institutional forces that maintain the status quo. Asian American movements face additional burdens that stem from society's refusal to acknowledge the oppression, humanity, and the very existence of Asian Americans. Ancheta's book represents one of the most comprehensive and... 1999  
Dorothy A. Brown RACIAL EQUALITY IN THE TWENTY-FIRST CENTURY: WHAT'S TAX POLICY GOT TO DO WITH IT? 21 University of Arkansas at Little Rock Law Review 759 (Summer, 1999) [T]ax . . . statutes . . . may be more burdensome to the poor and to the average black than to the more affluent white. In 1976, Supreme Court Justice Byron White recognized that tax statutes may have a disparate impact based upon race. Yet, it has taken the legal academy until the 1990's to begin to address those issues, and given the recent... 1999  
John O. Calmore RANDOM NOTES OF AN INTEGRATION WARRIOR-- PART 2: A CRITICAL RESPONSE TO THE HEGEMONIC "TRUTH" OF DANIEL FARBER AND SUZANNA SHERRY 83 Minnesota Law Review 1589 (June, 1999) It is apparent on closer study that, while the official discourse of anti-racism is one of universalism, there are various important subtexts or counter-themes which are used as part of common sense without stock of their implications for the general model.--Cathie Lloyd Hegemony contributes to or constitutes a form of social cohesion not through... 1999  
by Ediberto Roman RECONSTRUCTING SELF-DETERMINATION: THE ROLE OF CRITICAL THEORY IN THE POSITIVIST INTERNATIONAL LAW PARADIGM 53 University of Miami Law Review 943 (July, 1999) Welcome to the third annual LatCrit conference's panel on Race, Nation, and Identity: Indigenous Peoples and LatCrit Theory. As moderator of this panel, I will undertake two tasks. First, I will introduce the panelists and provide a few words concerning a common theme that this illustrious group will address. This theme revolves around the role... 1999  
Victoria Ortiz & Jennifer Elrod REFLECTIONS OF LATCRIT III: FINDING "FAMILY" 53 University of Miami Law Review 1257 (July, 1999) We arrived in Miami on May 7, 1998, feeling emotionally exhausted from the events of the past several months that had reinforced for the two of us the centrality and primacy of family, kinship, and belonging. We were curious about what awaited us at our first LatCrit Conference (LatCrit III). We were excited at the prospect of seeing old friends... 1999  
Peter Margulies RE-FRAMING EMPATHY IN CLINICAL LEGAL EDUCATION 5 Clinical Law Review 605 (Spring, 1999) There are two important things to remember about empathy--it is necessary, and it is impossible. Without some degree of empathy, which I define here as imagining the mutuality and difference reflected in someone else's standpoint, people could not live together. Even conservatives, who generally disdain government obligations to assist people... 1999  
Tracy E. Higgins REGARDING RIGHTS: AN ESSAY HONORING THE FIFTIETH ANNIVERSARY OF THE UNIVERSAL DECLARATION OF HUMAN RIGHTS 30 Columbia Human Rights Law Review 225 (Spring, 1999) The half-century since the drafting of the Universal Declaration of Human Rights has been famously heralded as the Age of Rights and the concept of human rights described as the only political-moral idea that has gained universal acceptance. During the same period, however, both terms defining the subjecthuman and rightshave become... 1999  
Pamela J. Smith RELIANCE ON THE KINDNESS OF STRANGERS: THE MYTH OF TRANSRACIAL AFFINITY VERSUS THE REALITIES OF TRANSRACIAL EDUCATIONAL PEDISM 52 Rutgers Law Review 1 (Fall, 1999) In this Article, Professor Smith presents the second in a series of articles discussing the educational obstacles facing children generally and, in particular, Black children. Professor Smith begins by exploring and challenging the myth that, since we all care for children, there is no need to be concerned about negative legislative action and... 1999  
David Dante Troutt SCREWS, KOON, AND ROUTINE ABERRATIONS: THE USE OF FICTIONAL NARRATIVES IN FEDERAL POLICE BRUTALITY PROSECUTIONS 74 New York University Law Review 18 (April 1, 1999) Depite periodic outcries in response to particular outrages, it remains notoriously difficult to prosecute police brutality. In this form-shattering Article, Professor Troutt attributes much of this difficulty to the overwhelming power of the stories mainstream American culture tells about the encounters leading to police violence. In this piece.... 1999  
David E. Bernstein SEX DISCRIMINATION LAWS VERSUS CIVIL LIBERTIES 1999 University of Chicago Legal Forum 133 (1999) Many Americans believe in two ultimately conflicting principles: first, that civil liberties such as freedom of speech, freedom of association, and freedom of religion, must be protected from infringement by the government; and, second, that a broad antidiscrimination principle requires government to intervene in civil society in order to eliminate... 1999  
Sharon Elizabeth Rush SHARING SPACE: WHY RACIAL GOODWILL ISN'T ENOUGH 32 Connecticut Law Review 1 (Fall, 1999) On your mark. Get Set. GO! yelled the coach, as he let go of the two young girls' shoulders, freeing them to run as fast as they could to the finish line. Tie, said the assistant coach as each girl slapped his outstretched hands. Mary and Annie (not their real names) smiled at each other, obviously pleased with their performances and their... 1999  
Athena D. Mutua SHIFTING BOTTOMS AND ROTATING CENTERS: REFLECTIONS ON LATCRIT III AND THE BLACK/WHITE PARADIGM 53 University of Miami Law Review 1177 (July, 1999) This essay chronicles my participation at the LatCrit III Conference and examines some of the issues raised. It touches on battles that rage within our efforts to build coalitions across boundaries of race and ethnicity, and it poses questions of centers, bottoms and models. Specifically, it asks: What group should be at the center of a given... 1999  
Laura M. Padilla SOCIAL AND LEGAL REPERCUSSIONS OF LATINOS' COLONIZED MENTALITY 53 University of Miami Law Review 769 (July, 1999) Internalized oppression is the turning upon ourselves, our families and our people the distressed patterns of behavior that result from the racism and oppression of the minority society. Internalized racism is directed more specifically at one's racial or ethnic group. Internalized oppression and racism are insidious forces that cause marginalized... 1999  
Timothy E. Lin SOCIAL NORMS AND JUDICIAL DECISIONMAKING: EXAMINING THE ROLE OF NARRATIVES IN SAME-SEX ADOPTION CASES 99 Columbia Law Review 739 (April, 1999) The landmark decision of the Hawaii Supreme Court in Baehr v. Lewin focused the nation's attention on the topic of same-sex marriage. But same-sex marriage is only one aspect of a greater trend in the gay rights movement challenging the traditional definition of family. Lesbians and gays are increasingly seeking to form families through the... 1999  
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