AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Arthur Austin THE TOP TEN POLITICALLY CORRECT LAW REVIEWS 1994 Utah Law Review 1319 (1994) We live in an age obsessed with lists and rankings. It's kind of a parlor game . . . .' (V)oodoo social science. Political Correctness (PC) has infiltrated legal education. Feminist politics, race consciousness, and white male trashing are as familiar as civil procedure. A growing number of law faculty compete with colleagues from other... 1994  
Robin West THE WORD ON TRIAL 35 William and Mary Law Review 1101 (Spring, 1994) Milner Ball's extraordinary book, The Word and the Law, begins with a narrative account of seven practices in law. The seven practitioners Ball brings to life for the reader share two powerful traits: they all, in quite different ways, use law to lessen the multiple sufferings of various communities of poor people, and they all, by doing so,... 1994  
Louise G. Trubek U.S. LEGAL EDUCATION AND LEGAL SERVICES FOR THE INDIGENT: A HISTORICAL AND PERSONAL PERSPECTIVE 5 Maryland Journal of Contemporary Legal Issues 381 (1994) Over the past thirty years, law schools in the United States have become a major partner in the delivery of legal services to the poor. The importance of law schools in the system of delivering civil legal services to the poor continues, but the nature and scope of this role has changed over time, and is likely to continue to change. As Jeremy... 1994  
Philip N. Meyer WILL YOU PLEASE BE QUIET, PLEASE? LAWYERS LISTENING TO THE CALL OF STORIES 18 Vermont Law Review 567 (Spring, 1994) There is a saying: You never know what you find when you scratch the surface of an idea. The articles in this symposium scratch the surface of a simple idea: our legal culture is a storytelling culture. Practitioners and appellate judges are storytellers, and legal academics are increasingly sensitive to storytelling forms and aesthetics. Some... 1994  
Erika George WORDS AS STICKS AND STONES: NAMING THE HARM OF RACIST SPEECH 11 Harvard BlackLetter Law Journal 221 (Spring, 1994) In the pre-dawn hours of a summer morning in 1990, an African American family woke to find a crudely constructed cross burning in their front lawn. Robert A. Viktora, a juvenile at the time of the incident, had assembled the cross and set it ablaze inside the yard of the African American family who had recently moved into the neighborhood. Viktora... 1994  
Angelo N. Ancheta COMMUNITY LAWYERING 81 California Law Review 1363 (October, 1993) Give us something we can use. For those of us engaged in the practice of law for social change, this is a familiar admonition directed at scholars who have developed theories on the transformation of law and the legal system. Critical legal studies, feminist legal theory, and critical race theory schools of thought that challenge the assumptions... 1993 Yes
Richard Delgado , Jean Stefancic CRITICAL RACE THEORY: AN ANNOTATED BIBLIOGRAPHY 79 Virginia Law Review 461 (March, 1993) CRITICAL Race Theory (CRT) took start in the mid-1970s with the realization that the Civil Rights Movement of the 1960s had stalled and that many of its gains, in fact, were being rolled back. Many of us believed that new tactics and theories were needed to understand and come to grips with the complex interplay among race, racism, and American... 1993 Yes
Jules L. Coleman , Brian Leiter DETERMINACY, OBJECTIVITY, AND AUTHORITY 142 University of Pennsylvania Law Review 549 (Fall, 1993) Since the 1970s, analytic jurisprudence has been under attack from what has come to be known as the Critical Legal Studies (CLS) movement. CLS has been joined in this attack by proponents of Feminist Jurisprudence, and, most recently, by proponents of Critical Race Theory. When the battle lines are drawn in this way, the importance of the... 1993 Yes
Amii Larkin Barnard THE APPLICATION OF CRITICAL RACE FEMINISM TO THE ANTI-LYNCHING MOVEMENT: BLACK WOMEN'S FIGHT AGAINST RACE AND GENDER IDEOLOGY, 1892-1920 3 UCLA Women's Law Journal 1 (Spring, 1993) At the turn of the twentieth century, two intersecting ideologies controlled the consciousness of Americans: White Supremacy and True Womanhood. These cultural beliefs prescribed roles for people according to their race and gender, establishing expectations for proper conduct. Together, these beliefs created a climate for lynch ideology to... 1993 Yes
Richard Delgado THE INWARD TURN IN OUTSIDER JURISPRUDENCE 34 William and Mary Law Review 741 (Spring, 1993) Over the past few years, several areas of outsider jurisprudence have developed rapidly. Radical feminism has transformed the way we view gender and inequality while achieving concrete reforms in such areas as the workplace, reproductive liberty, and regulation of pornography. A newer movement, Critical Race Theory (CRT), has attracted... 1993 Yes
Robert S. Chang TOWARD AN ASIAN AMERICAN LEGAL SCHOLARSHIP: CRITICAL RACE THEORY, POST-STRUCTURALISM, AND NARRATIVE SPACE 81 California Law Review 1241 (October, 1993) Prelude. 1243 Introduction: Mapping the Terrain. 1247 I. The Need for an Asian American Legal Scholarship. 1251 A. That Was Then, This Is Now: Variations on a Theme. 1251 1. Violence Against Asian Americans. 1252 2. Nativistic Racism. 1255 B. The Model Minority Myth. 1258 C. The Inadequacy of the Current Racial Paradigm. 1265 1. Traditional Civil... 1993 Yes
  WORDS THAT WOUND: CRITICAL RACE THEORY, ASSAULTIVE SPEECH, AND THE FIRST AMENDMENT. BY MARI J. MATSUDA, CHARLES R. LAWRENCE III, RICHARD DELGADO & KIMBERLE W. CRENSHAW. bOULDER, COLO.: WESTVIEW PRESS. 1993. PP. VIII, 160. $49.00 (CLOTH), $15.95 (PAPER). 107 Harvard Law Review 505 (December, 1993) In this compilation of essays, four legal academics, people of color, and liberationist teachers consider regulation of racist speech in America. Though markedly different in their approaches to this particularly thorny issue, the four authors build a powerful undercurrent through several commonalities. All four authors advocate an... 1993 Yes
Margaret M. Russell "A NEW SCHOLARLY SONG": RACE, STORYTELLING, AND THE LAW 33 Santa Clara Law Review 1057 (1993) Faces at the Bottom of the Well: The Permanence of Racism by Professor Derrick Bell and The Alchemy of Race and Rights by Professor Patricia J. Williams are two unique outstanding recent books with quite a bit in common. Each is a collection of thematically intertwined essays about the pervasiveness of racism and lingering legacies of slavery in... 1993  
Barbara J. Flagg "WAS BLIND, BUT NOW I SEE": WHITE RACE CONSCIOUSNESS AND THE REQUIREMENT OF DISCRIMINATORY INTENT 91 Michigan Law Review 953 (March, 1993) Advocating race consciousness is unthinkable for most white liberals. We define our position on the continuum of racism by the degree of our commitment to colorblindness; the more certain we are that race is never relevant to any assessment of an individual's abilities or achievements, the more certain we are that we have overcome racism as we... 1993  
Reviewed by Nadine Taub A NEW VIEW OF PORNOGRAPHY, SPEECH, AND EQUALITY OR ONLY WORDS? 46 Rutgers Law Review 595 (Fall, 1993) In her most recent book, Only Words, Catharine MacKinnon argues that it is both wrong and unnecessary for the First Amendment to protect pornography. As other reviewers have observed, Only Words is yet another effort to establish that the courts erred in invalidating an ordinance, originally conceived and drafted by Catharine MacKinnon and Andrea... 1993  
Robert E. Scott CHAOS THEORY AND THE JUSTICE PARADOX 35 William and Mary Law Review 329 (Fall, 1993) [T]he laws have mistakes, and you can't go writing up a law for everything that you can imagine. When you reach an equilibrium in biology you're dead. As we approach the Twenty-First Century, the signs of social disarray are everywhere. Social critics observe the breakdown of core structuresthe nuclear family, schools, neighborhoods, and... 1993  
Mary Becker CONSERVATIVE FREE SPEECH AND THE UNEASY CASE FOR JUDICIAL REVIEW 64 University of Colorado Law Review 975 (1993) The case for binding judicial review in a democracy is tenuous. Why should a small elite group of lawyers, who are not politically accountable, be able to block legislation desired by a majority of the citizens in a democracy? The relegation of important questions of high principle to the judiciary tends to degrade democratic deliberations by... 1993  
D. Marvin Jones DARKNESS MADE VISIBLE: LAW, METAPHOR, AND THE RACIAL SELF 82 Georgetown Law Journal 437 (December, 1993) Then it dawned upon me with a certain suddenness that I was different from the others; or like, mayhap, in heart and life and longing, but shut out from their world by a vast veil. . . . The shades of the prison-house closed round us all: walls strait and stubborn to the whitest, but relentlessly narrow, tall and unscalable to sons of night who... 1993  
Jerry Frug DECENTERING DECENTRALIZATION 60 University of Chicago Law Review 253 (Spring, 1993) The fear of making the national government the predominant power in the country is as old as America. But in the late twentieth century many people think that there is no alternative. Genuine decentralization of power, the traditional argument runs, is no longer possible. The world is too complex, local resources too inadequate, local power too... 1993  
  DISCUSSION 45 Stanford Law Review 1671 (July, 1993) Tom Grey (Moderator): First I am going to give each [of] the panelists a chance to say a little bit about anybody else's [papers]. And then I want to throw it open. Although the session is formally over soon, we are free to go on for awhile, and we will because I think this is an interesting group. Richard Epstein: I always find it somewhat... 1993  
Henry J. Richardson III GULF CRISIS AND AFRICAN-AMERICAN INTERESTS UNDER INTERNATIONAL LAW 87 American Journal of International Law 42 (January, 1993) It has now been two years since the end of the United Nations Security Council's military enforcement action against Iraq, popularly known as Operation Desert Storm. The glow of military success suffused the American atmosphere, and its aftermath is clearly shaping international expectations about the United Nations, its legal authority, human... 1993  
Anthony V. Alfieri IMPOVERISHED PRACTICES 81 Georgetown Law Journal 2567 (August, 1993) Bertie Johnson sat in the waiting room all morning. She held a cane upright in her right hand and a white plastic bag in her left hand clasped against her lap. When I opened the main office door and called out her name, she looked up and answered in a loud, hoarse voice. She then propped her left hand against the seat of the chair next to her,... 1993  
Gary Minda JURISPRUDENCE AT CENTURY'S END 43 Journal of Legal Education 27 (March, 1993) It used to be that jurisprudence was a relatively secure and stable specialized course of study in the legal academy. As taught at most law schools in the 1960s and 1970s, it was organized around a number of themes that attempted to explain law and judicial decision-making in terms of a generalized theory largely distinct from political and moral... 1993  
William H. Clune LAW AND PUBLIC POLICY: MAP OF AN AREA 2 Southern California Interdisciplinary Law Journal 1 (Spring, 1993) This article is an essay about the meaning of law and public policy and the complicated relationship between these two ideas. There is hardly a term more common in government than policy-public policy, policy analysis, and so forth. Especially since the advent of legal realism, legal discourse relies extensively upon policy arguments,... 1993  
Jane C. Murphy LAWYERING FOR SOCIAL CHANGE: THE POWER OF THE NARRATIVE IN DOMESTIC VIOLENCE LAW REFORM 21 Hofstra Law Review 1243 (Summer 1993) Legal storytelling is an engine built to hurl rocks over walls of social complacency that obscure the view out from the citadel. . . . The messages say, let us knock down the walls, and use the blocks to pave a road we can all walk together. L1-2Introduction 1244 I. The Relationship Between Law and Social Change . 1247 II. Telling Stories:... 1993  
Robert W. Gordon LAWYERS, SCHOLARS, AND THE "MIDDLE GROUND" 91 Michigan Law Review 2075 (August, 1993) One of the many virtues of Judge Harry Edwards' very interesting polemic is that it issues an open invitation to say what one likes about present legal scholarship, without having to document it too carefully; and it provokes one to more than perfunctory reflection about what to say. Judge Edwards has three complaints. (1) He and his clerks have... 1993  
Richard A. Epstein LEGAL EDUCATION AND THE POLITICS OF EXCLUSION 45 Stanford Law Review 1607 (July, 1993) In economic affairs the social advantages of competition are least apparent to disappointed competitors. Domestic firms call for protection against low price imports: Let there be tariffs and import quotas. Skilled workers lobby for protection against low wage rivals: Let there be minimum wage laws, maximum hours laws, and collective bargaining.... 1993  
Richard A. Posner LEGAL SCHOLARSHIP TODAY 45 Stanford Law Review 1647 (July, 1993) Notwithstanding its fads and philistinisms, its wobbly standards and general laxity, its pockets of incompetence and nepotism, its cult of political correctness and virus of affirmative action, the American university is without peer in the world. Peerless, but not uniformly progressive. Many fields of university scholarship, particularly but not... 1993  
Nancy E. Dowd LIBERTY vs. EQUALITY: IN DEFENSE OF PRIVILEGED WHITE MALES 34 William and Mary Law Review 429 (Winter, 1993) This book is disturbing in more ways than I can count. Grounded in libertarianism and law-and-economics, its thesis is that the principles of choice and freedom of association outweigh equality and justice, justifying the abolition of private employment discrimination law and the imposition of severe limitations on public employment discrimination... 1993  
Kate Nace Day LOST INNOCENCE AND THE MORAL FOUNDATION OF LAW 1 American University Journal of Gender & the Law 165 (Spring, 1993) And I walk on in there and smash a myth. Gloria Anzaldua Once upon a time, on the day before the first day that truly mattered, there was a garden filled with innocence. Within that garden and its innocence, there were first beings, beings of color and sex. When these first beings met, they recognized each other as human and recognized within... 1993  
Andre Sole OFFICIAL ENGLISH: A SOCRATIC DIALOGUE/LAW AND ECONOMICS ANALYSIS 45 Florida Law Review 803 (December 1, 1993) I. Introduction. 803 II. Carlos Meets the State Legislator. 805 III. Carlos Reveals His Problem and Motivation. 806 IV. The Legislator Explains the Law and Economics of Language, Gives the English-Only View, and Discusses Possible Benefits of English-Only Legislation. 808 V. Carlos Gives the Countervailing View of Multilingualism as Richness,... 1993  
Richard Delgado ON TELLING STORIES IN SCHOOL: A REPLY TO FARBER AND SHERRY 46 Vanderbilt Law Review 665 (April, 1993) I. Introduction. 665 II. Errors and Misstatements. 667 A. Thematic Errors and Misconceptions. 668 1. Equation of Outsider Jurisprudence With Narrative Scholarship. 668 2. Narrative Scholarship and the Different Voices' Debate. 669 3. Stories Are Useless Without Analysis and Reasoned Argument. 669 4. Overlooking the Desconstructionalist Tale, or... 1993  
Wayne Eastman ORGANIZATION LIFE AND CRITICAL LEGAL THOUGHT: A PSYCHOPOLITICAL INQUIRY AND ARGUMENT 19 New York University Review of Law and Social Change 721 (1992/1993) Introduction A Note on Rhetoric I. Firm Life What It Was Like to Work in a Law Firm II. Critical Legal Thinking What Do You Want? III. The Connection Between the Legal Oppositionist Critique of Law and Liberalism and a Critique of Organization Life A. Affirmative Implications of the Indeterminacy Critique 1. Rhetorical Change 2. Reducing the Domain... 1993  
Paul Brest PLUS CA CHANGE 91 Michigan Law Review 1945 (August, 1993) Harry Edwards and I both finished law school in 1965, and his article presents an occasion to consider how much the legal academy has changed during the intervening years. Animating Judge Edwards' complaints about the contemporary legal academy is a nostalgia for happier days. His images are of decline - of a growing disjunction between the academy... 1993  
  PROCEEDINGS OF THE FIFTY-THIRDJUDICIAL CONFERENCEOF THEDISTRICT OF COLUMBIA CIRCUIT 145 Federal Rules Decisions 149 (March, 1993) C1-5Thursday, June 11, 1992 R5Page L1-4,T1Welcome by Abner J. Mikva, Circuit Chief Judge .. 151 L1-4,T1Tribute to Honorable Aubrey E. Robinson, Jr., former Chief Judge, U.S. District Court for the District of Columbia Circuit by Chief Justice William H. Rehnquist .. 152 L1-4,T1Remarks by Abner J. Mikva, Circuit Chief Judge .. 156 L1-4,T1Remarks by... 1993  
Marion Crain RATIONALIZING INEQUALITY: AN ANTIFEMINIST DEFENSE OF THE "FREE" MARKET--A REVIEW OF FORBIDDEN GROUNDS: THE CASE AGAINST EMPLOYMENT DISCRIMINATION LAWS BY RICHARD A. EPSTEIN. CAMBRIDGE, MASS.: HARVARD UNIVERSITY PRESS 1992. PP. XVI, 530. 61 George Washington Law Review 556 (January, 1993) Richard Epstein describes his project in Forbidden Grounds as a frontal intellectual assault on the social consensus that supports . the modern antidiscrimination principle. Asserting that consensus is dangerous for intellectual work, and that a critique may be useful in prod ding defenders of the status quo to strengthen their defense of... 1993  
Michael A. Olivas REFLECTIONS ON PROFESSORIAL ACADEMIC FREEDOM: SECOND THOUGHTS ON THE THIRD "ESSENTIAL FREEDOM" 45 Stanford Law Review 1835 (July, 1993) It is the business of a university to provide that atmosphere which is most conducive to speculation, experiment and creation. It is atmosphere in which there prevail the four essential freedoms of a university-to determine for itself on academic grounds who may teach, what may be taught, how it shall be taught, and who may be admitted to study.... 1993  
Richard Delgado RODRIGO'S FIFTH CHRONICLE: CIVITAS, CIVIL WRONGS, AND THE POLITICS OF DENIAL 45 Stanford Law Review 1581 (July, 1993) I was staring glumly out my office window, awaiting the arrival of my secretary with a large stack of bluebooks, when I heard a polite cough at my door. I looked up and saw Rodrigo's familiar face. Professor? Rodrigo! I exclaimed. It's been a while. Come in. I've been thinking of you lately, and here you are. To what do I owe the pleasure of... 1993  
Richard Delgado RODRIGO'S FOURTH CHRONICLE: NEUTRALITY AND STASIS IN ANTIDISCRIMINATION LAW 45 Stanford Law Review 1133 (April, 1993) Faces at the Bottom of the Well: The Permanence of Racism. By Derrick Bell. New York: Basic Books. 1992. xiv + 222 pp. $20.00. The Hollow Hope: Can Courts Bring About Social Change? By Gerald N. Rosenberg. Chicago: University of Chicago Press. 1991. xii + 425 pp. $29.95. Turning Right: The Making of the Rehnquist Supreme Court. By David G. Savage.... 1993  
Richard Delgado RODRIGO'S SIXTH CHRONICLE: INTERSECTIONS, ESSENCES, AND THE DILEMMA OF SOCIAL REFORM 68 New York University Law Review 639 (June, 1993) I was returning to my office from the faculty library one flight below, when I spied a familiar figure waiting outside my door. Rodrigo! I said. It's good to see you. Please come in. I had not seen my young protégé in a while. A graduate of a fine law school in Italy, Rodrigo had returned to the United States recently to begin LL.M. studies at... 1993  
Dorothy E. Roberts RUST v. SULLIVAN AND THE CONTROL OF KNOWLEDGE 61 George Washington Law Review 587 (March, 1993) [My mistress] finally became even more violent in her opposition to my learning to read than was Mr. Auld himself. Nothing now appeared to make her more angry than seeing me, seated in some nook or corner, quietly reading a book or newspaper. She would rush at me with the utmost fury, and snatch the book or paper from my hand, with something of the... 1993  
Arthur Austin SCOFF LAW SCHOOL DEBATES WHETHER A MALE CAN TEACH A COURSE IN FEMINIST JURISPRUDENCE 18 Journal of the Legal Profession 203 (1993) It is habit. Every Monday-Wednesday-Friday, Professor John Singleton Mosby ensconced himself on the second floor of the Faculty Lounge. At 8:00 a.m. it was always quiet as a tomb, and the nightly-applied disinfectant was still potent enough to be invigorating. The donor who financed the lounge sought to blend a scholarly atmosphere with... 1993  
James Lindgren SEEING COLORS 81 California Law Review 1059 (July, 1993) Reviewed by James Lindgren It seems like such a long time ago. On August 26, 1963, in Anderson v. Martin, the NAACP Legal Defense Fund filed yet another brief with the U.S. Supreme Court arguing that the U.S. Constitution was color-blind. As it had since the late 1940s, the Legal Defense Fund again urged the Supreme Court to strike down racial... 1993  
Monica J. Evans STEALING AWAY: BLACK WOMEN, OUTLAW CULTURE AND THE RHETORIC OF RIGHTS 28 Harvard Civil Rights-Civil Liberties Law Review 263 (Summer, 1993) Steal away, steal away, steal away to Jesus; Steal away, steal away home, I ain't got long to stay here. My Lord calls me; He calls me by the thunder, The trumpet sounds within-a my soul, I ain't got long to stay here. The African-American spiritual Steal Away is located within the tradition of escape songs, a series of codes embedded in music and... 1993  
Derrick Bell , Erin Edmonds STUDENTS AS TEACHERS, TEACHERS AS LEARNERS 91 Michigan Law Review 2025 (August, 1993) Knowledge emerges only through invention and re-invention, through the restless, impatient, continuing, hopeful inquiry [men and women] pursue in the world, with the world, and with each other. . . Education must begin with the solution of the teacher-student contradiction, by reconciling the poles of the contradiction so that both are... 1993  
Daniel A. Farber , Suzanna Sherry TELLING STORIES OUT OF SCHOOL: AN ESSAY ON LEGAL NARRATIVES 45 Stanford Law Review 807 (April, 1993) [T]o have crafted, on occasion, something true and truly put-whatever the devil else legal scholarship is, is from, or is for, it's the joy of that too. Once upon a time, the law and literature movement taught us that stories have much to say to lawyers, and Robert Cover taught us that law is itself a story. Instead of living happily ever after... 1993  
John O. Calmore THE CASE OF THE SPELUNCEAN EXPLORERS: CONTEMPORARY PROCEEDINGS 61 George Washington Law Review 1764 (August, 1993) Calmore, J. In this case we are faced with difficult issues that transcend the matter at hand. Petitioners appeal an earlier decision of our judicial predecessors who, in an evenly divided vote, affirmed petitioners' convictions for murder and their death sentences. As explained below, I would set aside their death sentences. The record reveals... 1993  
William N. Eskridge, Jr. THE CASE OF THE SPELUNCEAN EXPLORERS: TWENTIETH-CENTURY STATUTORY INTERPRETATION IN A NUTSHELL 61 George Washington Law Review 1731 (August, 1993) Roger Whetmore is cannibalized by his cave-exploring colleagues in Lon Fuller's hypothetical case of the Speluncean Explorers. The survivors are convicted of violating a law making it a crime that one willfully take the life of another, notwithstanding their defense of necessity. The explorers were trapped in a cave and would have died but for... 1993  
Harry T. Edwards THE GROWING DISJUNCTION BETWEEN LEGAL EDUCATION AND THE LEGAL PROFESSION: A POSTSCRIPT 91 Michigan Law Review 2191 (August, 1993) In October 1992, in the pages of this law review, I expressed my deep concern about the growing disjunction between legal education and the legal profession, in an article with the same title. My thesis was as follows: I fear that our law schools and law firms are moving in opposite directions. The schools should be training ethical practitioners... 1993  
Rhonda V. Magee THE MASTER'S TOOLS, FROM THE BOTTOM UP: RESPONSES TO AFRICAN-AMERICAN REPARATIONS THEORY IN MAINSTREAM AND OUTSIDER REMEDIES DISCOURSE 79 Virginia Law Review 863 (May, 1993) Prologue. 864 I. Introduction. 864 II. Racial Remedies Theory. 868 A. The Traditional Debate: Nationalism Versus Integrationism. 868 B. A New Perspective: Cultural Equity Theory. 871 C. Reparations, Separation, and Integration as Cultural Equity Methods. 875 III. The Reparations Tradition Within Racial Remedies Discourse. 876 A. A Modern... 1993  
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