AuthorTitleCitationSummaryYearKey Terms in Title or Summary
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  
Marijan Pavcnik ; Louis E. Wolcher A DIALOGUE ON LEGAL THEORY BETWEEN A EUROPEAN LEGAL PHILOSOPHER AND HIS AMERICAN FRIEND 35 Texas International Law Journal 335 (Summer 2000) I. Introduction from the Editors. 335 II. The Dialogue. 336 The editors of the Texas International Law Journal are pleased to present this unusual and, we think, provocative and enlightening international dialogue on themes pertinent to legal theory and the philosophy of law. It takes place in the form of a series of questions and answers passing... 2000 Yes
Nancy Levit A DIFFERENT KIND OF SAMENESS: BEYOND FORMAL EQUALITY AND ANTISUBORDINATION STRATEGIES IN GAY LEGAL THEORY 61 Ohio State Law Journal 867 (2000) Gay legal theory is at a crossroads reminiscent of the sameness/difference debate in feminist circles and the integrationist debate in critical race theory. Formal equality theorists take the heterosexual model as the norm and then seek to show that gays, lesbians, bisexuals, and transsexualsexcept for their choice of partnersare just like... 2000 Yes
Tanya K. Hernandez AN EXPLORATION OF THE EFFICACY OF CLASS-BASED APPROACHES TO RACIAL JUSTICE: THE CUBAN CONTEXT 33 U.C. Davis Law Review 1135 (Summer, 2000) What guarantee do Negroes have that socialism means racial equality any more than does capitalist democracy? Would socialism mean the assimilation of the Negro into the dominant racial group .. In other words, the failure of American capitalist abundance to help solve the crying problems of the Negro's existence cannot be fobbed off on some future... 2000 Yes
Kevin R. Johnson CELEBRATING LATCRIT THEORY: WHAT DO WE DO WHEN THE MUSIC STOPS? 33 U.C. Davis Law Review 753 (Summer, 2000) let us be the key that opens new doors to our people let tomorrow be today yesterday has never left let us all right now take the first step: let us finally arrive at our Promised Land! The fourth annual critical Latina/o theory conference (LatCrit IV) entitled Rotating Centers, Expanding Frontiers: LatCrit Theory and Marginal Intersections,... 2000 Yes
Richard Dvorak CRACKING THE CODE: "DE-CODING" COLORBLIND SLURS DURING THE CONGRESSIONAL CRACK COCAINE DEBATES 5 Michigan Journal of Race and Law 611 (Spring 2000) INTRODUCTION. 612 I. The Failure of Equal Protection Challenges to the CrackSentencing Scheme. 617 A. United States v. Clary: One Court's Use of Unconscious Racism to Show Racial Discrimination. 617 B. Evading Intent: Unconscious Racism A Poor Fit with Supreme Court Jurisprudence. 621 II. The Historical Use of Racist Code Words In American... 2000 Yes
Sumi Cho, Robert Westley CRITICAL RACE COALITIONS: KEY MOVEMENTS THAT PERFORMED THE THEORY 33 U.C. Davis Law Review 1377 (Summer, 2000) In this Article, we attempt to retrieve an obscured history, central to the development of critical race theory (CRT). This history tells one of the many stories of student activism for diversity in higher education from the 1960s to the 1990s. In particular, we focus on a longitudinal case study, U.C. Berkeley's Boalt Coalition for Diversified... 2000 Yes
Ruth Gordon CRITICAL RACE THEORY AND INTERNATIONAL LAW: CONVERGENCE AND DIVERGENCE 45 Villanova Law Review 827 (2000) THIS symposium is the first symposium to address comprehensively how Critical Race Theory (CRT) might inform, and be informed by, an international perspective. The objective of this conference is to begin the difficult task of discerning whether CRT can assist in understanding, and possibly transforming, the international system, and ascertaining... 2000 Yes
Ruth Gordon CRITICAL RACE THEORY AND INTERNATIONAL LAW: CONVERGENCE AND DIVERGENCE RACING AMERICAN FOREIGN POLICY 94 American Society of International Law Proceedings 260 (April, 2000) The purpose of this lecture is to inquire into intersections between international law and Critical Race Theory (CRT). I am going to focus on how race shapes American foreign policy and American perspectives on international law. But in the CRT tradition, a tradition that validates and celebrates narrative, I would like to begin with a story that... 2000 Yes
Makau Mutua CRITICAL RACE THEORY AND INTERNATIONAL LAW: THE VIEW OF AN INSIDER-OUTSIDER 45 Villanova Law Review 841 (2000) TODAY international law is in a deep crisis. At no other time in its five centuries has the discipline of international law been under such severe challenge. At the center of the crisis is the legitimacy of international law itself. Although the last decade has witnessed the apparent triumph of markets and the consolidation of Western domination of... 2000 Yes
Chantal Thomas CRITICAL RACE THEORY AND POSTCOLONIAL DEVELOPMENT THEORY: OBSERVATIONS ON METHODOLOGY 45 Villanova Law Review 1195 (2000) IN recent years, increasing interest has arisen as to the potential applications for Critical Race Theory (CRT) in international legal critique. This Essay raises the question in methodological form. I begin by identifying four strands of critical methodology that have been used in CRT: external, internal, legitimate-ideological and... 2000 Yes
Jerry Kang CYBER-RACE 113 Harvard Law Review 1130 (March, 2000) L1-6,T1Introduction. .1131 I. L2-6,T2Race. .1138 II. L2-6,T2Cyberspace. .1147 III. L2-6,T2Abolition. .1154 IV. L2-6,T2Integration. .1160 A. L3-6,T3Quantity. .1160 B. L3-6,T3Quality. .1165 1. L4-6,T4Disconfirming Data. .1166 2. L4-6,T4Equal Status. .1170 3. L4-6,T4Cooperation. .1171 4. L4-6,T4Social Depth. .1174 5. L4-6,T4Equality Norms. .1177 V.... 2000 Yes
LeRoy Pernell DEANS OF COLOR SPEAK OUT: UNIQUE VOICES IN A UNIQUE ROLE 20 Boston College Third World Law Journal 43 (Winter, 2000) As faculty members of color, many of us are accustomed to the interpretive resource that our cultural heritage brings to the academic discourse. This perspective has been discussed for some time now in such circles as the Critical Race Theory movement. The First National Meeting presented a unique opportunity for the voices of scholars of color... 2000 Yes
Elizabeth M. Iglesias , Francisco Valdes EXPANDING DIRECTIONS, EXPLODING PARAMETERS: CULTURE AND NATION IN LATCRIT COALITIONAL IMAGINATION 33 University of Michigan Journal of Law Reform 203 (Spring 2000) We have to believe in the power of imagination because it is all we have, and ours is stronger than theirs. The real war is between our imagination and theirs, what we can see and what they are blinded to. Do not despair. None of them can see far enough, and so long as we do not let them violate our imagination we will survive. In Imagining... 2000 Yes
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