AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Laura E. Gómez UNDERSTANDING LAW AND RACE AS MUTUALLY CONSTITUTIVE: AN INVITATION TO EXPLORE AN EMERGING FIELD 6 Annual Review of Law and Social Science 487 (2010) racial stratification, social construction of race, colonialism, ideology, social control, critical race theory, race and ethnic relations This article argues that law and race coconstruct each other. The idea that race is socially constructed has become widely accepted, and studies increasingly have explored law's role in shaping racial... 2010 Yes
Robert S. Chang ASIAN AMERICANS AND THE ROAD TO THE WHITE HOUSE: MUSINGS ON BEING INVISIBLE 16 Asian American Law Journal 205 (2009) In October 1993, the Asian Law Journal published its inaugural issue, featuring its first article entitled Toward an Asian American Legal Scholarship: Critical Race Theory, Post-structuralism, and Narrative Space. 81 Calif. L. Rev. 1241 (1993); 1 Asian L.J. 1 (1993). With this opening salvo, the Asian Law Journal (now the Asian American Law... 2009 Yes
Richard Delgado, , Jean Stefancic , Juan F. Perea AUTHORS' REPLY 12 Harvard Latino Law Review 103 (Spring 2009) We'd like to thank Michael Olivas for his witty, compassionate, and thoughtful introduction. He captures well the many dimensions, positive and negative, of the casebook-writing enterprise. We are also indebted to Rodolfo Acuña, Gerald López, Cristina Rodríguez, Leticia Saucedo, Keith Aoki, and Kevin Johnson for contributing their thoughts on... 2009 Yes
Angela Onwuachi-Willig CELEBRATING CRITICAL RACE THEORY AT 20 94 Iowa Law Review 1497 (July, 2009) The year 2009 marks the twentieth anniversary of the first Critical Race Theory (CRT) workshop. On July 8, 1989, more than twenty scholars who were interested in defining and elaborating on the lived reality of race, and who were open to the aspiration of developing theory gathered together at a workshop in Madison, Wisconsin. The 1989 workshop,... 2009 Yes
Deleso Alford Washington CRITICAL RACE FEMINIST BIOETHICS: TELLING STORIES IN LAW SCHOOL AND MEDICAL SCHOOL IN PURSUIT OF "CULTURAL COMPETENCY" 72 Albany Law Review 961 (2009) I know Sisters. I know Sisters who lived lives full enough to be stories- Her-stories untold, Carried through the heartbeat of mother's wit . . . all the time being othered by legal fictions that turn humans to chattel property; Allowing her and her-story to be created, bought and sold. I know Sisters. Sister Anarcha got a story for all to... 2009 Yes
Christian Halliburton FOREWORD 8 Seattle Journal for Social Justice 1 (Fall/Winter 2009) The Thirteenth Annual LatCrit Conference (LatCrit XIII) was held in the shadow of what then promised, and ultimately proved, to be a watershed moment in the social and political history of this country. The 2008 presidential race between Senators Barack Obama and John McCain appeared as a potential fork in the road for the country, if only because... 2009 Yes
Rachel J. Anderson FROM IMPERIAL SCHOLAR TO IMPERIAL STUDENT: MINIMIZING BIAS IN ARTICLE EVALUATION BY LAW REVIEWS 20 Hastings Women's Law Journal 197 (Summer 2009) Law professors have been complaining about student-run law reviews for decades; an expression of dissatisfaction with the evaluation of legal scholarship and selection of articles by law students is not new. Corporate law scholars complain that students are not interested in publishing scholarship on corporate issues. Critical race scholars... 2009 Yes
Adrien Katherine Wing INTERNATIONAL LAW, SECULARISM, AND THE ISLAMIC WORLD 24 American University International Law Review 407 (2009) INTRODUCTION. 407 I. GLOBAL CRITICAL RACE FEMINISM. 409 II. FUNDAMENTALISM IN THE MUSLIM/ARAB WORLD. 414 III. A WESTERN EXAMPLE: FRANCE. 418 IV. THREE EXAMPLES FROM THE MUSLIM/ARAB WORLD. 420 A. Turkey. 420 B. Tunisia. 422 C. Palestine. 424 V. PRAXIS. 425 CONCLUSION. 427 2009 Yes
Sheila Simon JAZZ AND FAMILY LAW: STRUCTURES, FREEDOMS, AND SOUND CHANGES 42 Indiana Law Review 567 (2009) Comparisons help us learn, and thanks to the Midwest Family Law Conference, Jazzing up Family Law, we can learn what jazz teaches us about family law. Studying law through music is not a new idea. In fact, it has been around since Plato. Also, jazz has been a source of comparison in studying democracy, adjudication, critical race theory, property... 2009 Yes
Richard Delgado LIBERAL MCCARTHYISM AND THE ORIGINS OF CRITICAL RACE THEORY 94 Iowa Law Review 1505 (July, 2009) I. Introduction. 1506 II. Critical Race Theory: Three Stories of Origin. 1510 A. The Harvard Story. 1511 B. The Berkeley Story. 1513 C. The Los Angeles Story. 1513 D. Who Founded Critical Race Theory?. 1514 III. Liberal McCarthyism and the Fates of Four Professors. 1515 A. A Fellowship of Visionaries: Kingman Brewster, James Conant, Clark Kerr, and... 2009 Yes
Maria C. Malagon, Lindsay Perez Huber, Veronica N. Velez, University of California, Los Angeles OUR EXPERIENCES, OUR METHODS: USING GROUNDED THEORY TO INFORM A CRITICAL RACE THEORY METHODOLOGY 8 Seattle Journal for Social Justice 253 (Fall/Winter 2009) As critical race scholars in the field of education, we created this research note in response to our collective frustration with traditional, qualitative research methods to accurately understand and document the complex experiences of Students of Color, their families, and their communities. We experienced this frustration not only in searching... 2009 Yes
Trina Jones RACE, ECONOMIC CLASS, AND EMPLOYMENT OPPORTUNITY 72 Law and Contemporary Problems 57 (Fall 2009) Of the 146,047,000 civilians in the U.S. labor force in 2007, approximately 82% identified themselves as White, 11% as Black or African American, 14% as of Hispanic or Latino/a ethnicity, and 5% as Asian. That year, the median household income for all racial groups was $50,233. With a poverty threshold of $21,027 for a family of four, the median... 2009 Yes
Adrien Katherine Wing SPACE TRADERS FOR THE TWENTY-FIRST CENTURY 11 Berkeley Journal of African-American Law & Policy 49 (2009) In this year celebrating the twentieth anniversary of the Critical Race Theory (CRT) workshop, it is imperative to revisit CRT founder and New York University Law Professor Derrick Bell's The Space Traders, one of the major pieces in the CRT corpus. Part I of this essay will provide historical background about Critical Race Theory and Professor... 2009 Yes
Melissa Murray STRANGE BEDFELLOWS: CRIMINAL LAW, FAMILY LAW, AND THE LEGAL CONSTRUCTION OF INTIMATE LIFE 94 Iowa Law Review 1253 (May, 2009) I. Introduction. 1255 II. Crime and the Family: The Traditional Narrative. 1258 III. The Private Life of Criminal Law. 1264 IV. Strange Bedfellows: Criminal Law and Family Law in State v. Koso. 1273 A. The Facts. 1275 B. Revealing Criminal Law and Family Law's Cooperative Regulation. 1277 C. Producing a Binary View of Intimate Life. 1279 1. The... 2009 Yes
Alex M. Johnson, Jr. THE RE-EMERGENCE OF RACE AS A BIOLOGICAL CATEGORY: THE SOCIETAL IMPLICATIONS--REAFFIRMATION OF RACE 94 Iowa Law Review 1547 (July, 2009) I. Introduction. 1548 II. Placing Race in Context: Defining the Issue. 1558 A. An Historical Analysis. 1558 B. Realists and Antirealists--Competing Constructions of Race in the Legal Community. 1567 III. The Societal Costs of Using Race in Biomedical Research. 1573 IV. Ethnicity Versus Race: Developing a New, Softer Paradigm. 1579 V. Conclusion.... 2009 Yes
Carla D. Pratt WAY TO REPRESENT: THE ROLE OF BLACK LAWYERS IN CONTEMPORARY AMERICAN DEMOCRACY 77 Fordham Law Review 1409 (March, 2009) It is an axiomatic principle of constitutional law that our nation was founded as a race-conscious liberal democracy. The U.S. Constitution, as originally drafted and adopted, recognized as citizens only those persons who could be considered racially white. The U.S. Supreme Court, in its infamous Dred Scott v. Sandford decision, held that persons... 2009 Yes
Phyllis E. Bernard WHAT SOME THEORIES SAY; WHAT SOME MEDIATORS KNOW 15 Dispute Resolution Magazine 6 (Spring, 2009) For a generation, scholars on racism in America have argued that minorities probably cannot expect to receive justice through the informal process of mediation. Critical race theory (CRT) holds that minorities will likely find fairness only in a courtroom, where formality and the law constrain pervasive prejudice. When Professor Richard Delgado... 2009 Yes
Keith Aoki , Kevin R. Johnson AN ASSESSMENT OF LATCRIT THEORY TEN YEARS AFTER 83 Indiana Law Journal 1151 (Fall, 2008) With the democratization of legal academia to include law professors of different genders, races, and sexual orientations has come a loss of community, cohesion, and coherence. But what has been gained has been a more democratic and inclusive community. To believe that academics can again speak with a unified voice is no longer possible. Instead of... 2008 Yes
Dan Subotnik ARE LAW SCHOOLS RACIST?: A "TALK" WITH RICHARD DELGADO 43 University of San Francisco Law Review 227 (Fall 2008) More subtle and searching than other critiques of critical race theory . . . Dan Subotnik's book poses challenges that all progressives, myself included, will have to consider. Richard Delgado WALKING BRISKLY INTO HIS FAVORITE Starbucks coffeehouse one morning, Riccardo ordered a tall cappuccino and an almond biscotto from the statuesque Italian... 2008 Yes
John B. Snyder, III BARBARIANS AT THE GATE?: THE LAW OF FRIVOLITY AS ILLUMINATED BY PRO SE TAX PROTEST CASES 54 Wayne Law Review 1249 (Fall, 2008) I. Introduction. 1250 II. The Legal Landscape of Frivolity. 1252 A. Some Notes on Terminology. 1252 B. Frivolousness Under Specific Regimes. 1254 1. Federal Rule of Civil Procedure 1. 11254 2. Federal Rule of Appellate Procedure 38. 1255 3. The In Forma Pauperis Statute. 1256 4. The Substantiality Doctrine. 1257 5. Section 6673 of the Internal... 2008 Yes
Lindsay Perez Huber BUILDING CRITICAL RACE METHODOLOGIES IN EDUCATIONAL RESEARCH: A RESEARCH NOTE ON CRITICAL RACE TESTIMONIO 4 FIU Law Review 159 (Fall, 2008) It has been over a decade since Critical Race Theory (CRT) has been utilized as a theoretical framework to analyze the role of race, racism, and other forms of oppression in the lives of People of Color within the field of education. It is an invaluable tool for critical scholars who seek to expose and disrupt oppressive conditions within education... 2008 Yes
Annalisa Jabaily COLOR ME COLORBLIND: DEFERENCE, DISCRETION, AND VOICE IN HIGHER EDUCATION AFTER GRUTTER 17 Cornell Journal of Law & Public Policy 515 (Summer 2008) INTRODUCTION. 516 I. THE STRANGE CAREER OF RACE CONSCIOUSNESS. 520 II. THE REGULATORY READING OF GRUTTER V. BOLLINGER. 524 A. Strict Scrutiny with Academic Deference. 524 B. Individualized Review. 527 III. ADMINISTRATION OF STRICT SCRUTINY WITH DEFERENCE. 531 A. The Mechanics of Surveilled Deference. 531 1. Infusing the Institution with Strict... 2008 Yes
Roy L. Brooks CONLEY AND TWOMBLY: A CRITICAL RACE THEORY PERSPECTIVE 52 Howard Law Journal 31 (Fall 2008) INTRODUCTION. 32 I. THE UNCERTAINTIES OF THE FEDERAL PLEADING RULE. 35 A. The Rise of the Notice Pleading Rule. 36 B. The Rise of the Plausibility Pleading Rule. 39 II. CRITICAL RACE THEORY'S OPERATING ELEMENTS. 41 A. Deconstruction and Reconstruction. 42 B. Equality Models. 43 1. The Symmetrical Equality Model. 43 2. The Asymmetrical Equality... 2008 Yes
Sumi Cho EMBEDDED WHITENESS: THEORIZING EXCLUSION IN PUBLIC CONTRACTING 19 Berkeley La Raza Law Journal 5 (2008) Around the same time that Critical Race Theory (CRT) was emerging as a field in law in the mid-1980's, the term, New Economic Sociology (NES) was coined at a roundtable discussion at the 1985 annual meeting of the American Sociological Association. Like CRT, NES was challenging fundamental disciplinary principles and assumptions. Just as... 2008 Yes
Irwin A. Horowitz JURY NULLIFICATION: AN EMPIRICAL PERSPECTIVE 28 Northern Illinois University Law Review 425 (Summer, 2008) I. Introduction. 425 II. A Brief History of Jury Nullification. 426 III. Jury Nullification and Race: Jury Vilification. 430 IV. Should Jurors Be Informed? Paths to Nullification. 432 V. Chaos and Nullification Instructions. 433 VI. Nullification Instructions from the Trial Judge. 438 VII. Empirical Research: Effects of Informing the Jury. 441... 2008 Yes
Harry G. Hutchison MOVING FORWARD? DIVERSITY AS A PARADOX? A CRITICAL RACE VIEW 57 Catholic University Law Review 1059 (Summer, 2008) I. L2-4,T4Introduction 1059 II. L2-4,T4From Racial Justice to Diversity 1070 III. L2-4,T4Justice O'Connor: From Grutter to the Future 1072 A. L3-4,T4Prolegomena to Grutter 1072. B. L3-4,T4Toward a Critical Race View of the Cathedral 1075. 1. Racial Balancing and the Non-Obvious Use of Race?. 1077 2. Remedying Societal Discrimination in the Mirror... 2008 Yes
Richard A. Jones, Ph.D PHILOSOPHICAL METHODOLOGIES OF CRITICAL RACE THEORY 1 Georgetown Journal of Law & Modern Critical Race Perspectives 17 (2008) The large body of work that now exists under the title of critical race theory, and in which race is historicised rather than assumed, has worked hard to get past this problem. Critical race theory (CRT) is an exciting, revolutionary intellectual movement that puts race at the centre of critical analysis. Race has no necessary epistemological... 2008 Yes
Samuel C. Wilson , Doranna Tindle REACTIONS 1 Georgetown Journal of Law & Modern Critical Race Perspectives 37 (2008) Critical Race Theory (CRT) attempts to formalize a perspective of racial tension that has prevailed in this country even before our official declaration of a citizen-driven democracy. Looking even deeper into world history, slavery and prejudice based on race and ethnicity are unfortunately common pillars of human existence. But, as societies have... 2008 Yes
Cedric Merlin Powell RHETORICAL NEUTRALITY: COLORBLINDNESS, FREDERICK DOUGLASS, AND INVERTED CRITICAL RACE THEORY 56 Cleveland State Law Review 823 (2008) I. L2-5,T5Introduction 824 II. L2-5,T5Rhetorical Neutrality 831 A. L3-5,T5The Underlying Myths 831 1. L4-5,T5The Historical Myth 831. 2. L4-5,T5The Definitional Myth 838. 3. L4-5,T5The Rhetorical Myth 845. B. L3-5,T5Justice O'Connor's Doctrinal Approach 859 1. L4-5,T5Wygant: Rejection of the Role Model Theory 862. 2. L4-5,T5Croson: Particularized... 2008 Yes
Kimberly L. Alderman SLAVE ARTISTS AS POWERFUL REALITY CREATORS : TAKING RESPONSIBILITY AND REJECTING RACE CONSCIOUSNESS 33 Thurgood Marshall Law Review 261 (Spring, 2008) This article critiques the race conscious thinking inherent in Critical Race Theory (CRT) and offers an alternative to structuralism and determinism. It reviews the colonial origins of race consciousness, and argues that advocating race conscious remedies perpetuates the very racism CRT decries. The article focuses on powerful reality creators of... 2008 Yes
Kelly Glasheen , Tejal K. Patel SYMPOSIUM INTRODUCTION 40 Connecticut Law Review 927 (May, 2008) Twenty years ago, Charles Lawrence wrote one of the most significant pieces in critical race theory, entitled The Id, The Ego, and Equal Protection: Reckoning with Unconscious Racism. Lawrence argued that the purposeful intent requirement stemming from Washington v. Davis fails to provide adequate protection against discrimination because many... 2008 Yes
Aliah Abdo THE LEGAL STATUS OF HIJAB IN THE UNITED STATES: A LOOK AT THE SOCIOPOLITICAL INFLUENCES ON THE LEGAL RIGHT TO WEAR THE MUSLIM HEADSCARF 5 Hastings Race and Poverty Law Journal 441 (Summer 2008) The hijab, the headscarf worn by many Muslim women, has long been a topic of interest in the Western World, playing a part in feminist, Orientalist, social, religious, and political discourse. It is often misunderstood to be a symbol of oppression or a sign of extremism, resulting in an idea that Muslim women need to be liberated from hijab.... 2008 Yes
Gregory Scott Parks TOWARD A CRITICAL RACE REALISM 17 Cornell Journal of Law & Public Policy 683 (Summer 2008) Like men we'll face the murderous, cowardly pack, Pressed to the wall, dying, but fighting back! -- Claude McKay INTRODUCTION. 684 I. CRITICAL RACE REALISM: AN INTELLECTUAL HISTORY OF CONSTITUENT FEATURES. 686 A. Interdisciplinarity in Early American Legal Education. 686 B. Holmes, Brandeis, Cardozo, and Pound. 689 C. Ivy League Iconoclasts at... 2008 Yes
Arash Jahanian TRUE ENDORSEMENT: A CRITICAL RACE APPROACH TO BANS ON SAME-SEX MARRIAGE 9 Georgetown Journal of Gender and the Law 237 (2008) Our nation is currently embattled in a civil rights struggle. Throughout the nation, laws at both the federal and state levels are denying the right of marriage to homosexuals. States are thus amending their constitutions, which should be protectors of individual rights, to deny rights to individuals. Moreover, there is an indirect injury that is... 2008 Yes
Charles Lawrence III UNCONSCIOUS RACISM REVISITED: REFLECTIONS ON THE IMPACT AND ORIGINS OF "THE ID, THE EGO, AND EQUAL PROTECTION" 40 Connecticut Law Review 931 (May, 2008) Twenty years ago, Professor Charles Lawrence wrote The Id, The Ego, and Equal Protection: Reckoning With Unconscious Racism. This article is considered a foundational document of Critical Race Theory and is one of the most influential and widely cited law review articles. The article argued that the purposeful intent requirement found in Supreme... 2008 Yes
Jeffrey Smith McLeod UNMASKING THE PROCESSES AND JUSTIFICATIONS THAT LEAD TO ENVIRONMENTAL RACISM: A CRITIQUE OF JUDICIAL DECISION-MAKING, POLITICAL AND PUBLIC AMBIVALENCE, AND THE DISPROPORTIONATE PLACEMENT OF ENVIRONMENTAL AND LAND USE BURDENS IN COMMUNITIES OF COLOR 15 Virginia Journal of Social Policy and the Law 545 (Spring 2008) Introduction. 545 I. Environmental Racism on Trial. 551 A. R.I.S.E., Inc. v. Kay. 553 B. Bean v. Southwestern Waste Management Corporation. 553 C. East Bibb Twiggs Neighborhood Ass'n v. Macon-Bibb County Planning & Zoning Commission. 554 II. Justifying Inaction. 554 III. Applying the Lens of Critical Race Theory. 557 A. Reevaluating Judicial... 2008 Yes
Sunny Woan WHITE SEXUAL IMPERIALISM: A THEORY OF ASIAN FEMINIST JURISPRUDENCE 14 Washington and Lee Journal of Civil Rights and Social Justice 275 (Spring, 2008) This Article studies the intersection of race and gender, examining it through the lens of Western imperialism. Even though both critical race and feminist scholarship have addressed this intersection, few if any offer a precise theory for understanding the imperialized experience. This Article seeks to fill that void. The social inequality... 2008 Yes
Annette R. Appell "BAD" MOTHERS AND SPANISH-SPEAKING CAREGIVERS 7 Nevada Law Journal 759 (Summer 2007) Children are an essential but often overlooked bounty in the regulation of race, culture, and rights. The role of children in perpetuating and enriching culture, moral value, and political power is surprisingly under-theorized in the critical literature. Indeed, there is very little discussion about child welfare in civil rights and critical race... 2007 Yes
Mathias Moschel COLOR BLINDNESS OR TOTAL BLINDNESS? THE ABSENCE OF CRITICAL RACE THEORY IN EUROPE 9 Rutgers Race & the Law Review 57 (2007) Critical Race Theory (hereinafter CRT), an offspring of Critical Legal Studies (hereinafter CLS), is one of the most successful and controversial United States' legal theories developed over the past 10 years and has in turn branched out into different equally creative fields, from LatCrit to AsianCrit to Queer Theory. In spite of offering a... 2007 Yes
Mark Kessler FREE SPEECH DOCTRINE IN AMERICAN POLITICAL CULTURE: A CRITICAL LEGAL GEOGRAPHY OF CULTURAL POLITICS 6 Connecticut Public Interest Law Journal 205 (Spring/Summer, 2007) In a letter sent to fellow conservatives in February 1999, Paul Weyrich laments the collapse of the culture, a culture he describes as an ever-wider sewer. In a highly pessimistic tone, he suggests that liberal, secular humanist, anti-Christian values have infiltrated and gained dominance over many aspects of American culture. Labeling this... 2007 Yes
Compiled by Paul J. Moorman , Jessica Wimer GERONTOLOGY AND THE LAW: A SELECTED ANNOTATED BIBLIOGRAPHY: 2002-2005 UPDATE 80 Southern California Law Review 1077 (July, 2007) I. INTRODUCTION. 1079 II. GENERAL WORKS ON LAW AND AGING. 1080 A. BOOKS. 1080 B. ARTICLES. 1081 III. INCOME MAINTENANCE AND FINANCIAL/RETIREMENT PLANNING. 1082 A. GENERAL WORKS/MISCELLANY (INCLUDING PRIVATE PENSIONS). 1082 1. Books. 1082 2. Articles. 1085 B. SOCIAL SECURITY/PUBLIC PENSIONS. 1091 1. Books. 1091 2. Articles. 1094 IV. AGE... 2007 Yes
Adrien Katherine Wing GLOBAL CRITICAL RACE FEMINISM: A PERSPECTIVE ON GENDER, WAR AND PEACE IN THE AGE OF THE WAR ON TERROR 15 Michigan State Journal of International Law 1 (2007) This keynote address will approach the conference topic on Gender, War, and Peace from the perspective of Global Critical Race Feminism (GCRF). I am editor of two collections, Critical Race Feminism (CRF) and Global Critical Race Feminism, both of which focus on the status of women of color under the law. GCRF is a jurisprudential field that... 2007 Yes
Diane J. Klein PAYING ELIZA: COMITY, CONTRACTS, AND CRITICAL RACE THEORY--19TH CENTURY CHOICE OF LAW DOCTRINE AND THE VALIDATION OF ANTEBELLUM CONTRACTS FOR THE PURCHASE AND SALE OF HUMAN BEINGS 20 National Black Law Journal 1 (2006-2007) I. Theory: Comity, Foreign Contracts, and the Public Policy Exception. 4 II. Practice: Four Stories of Slavery and Law in 19th Century Illinois. 7 1. Nance v. Howard (1828). 9 2. Hone v. Ammons (1852). 12 3. Rodney v. Illinois Central (1857). 14 4. Roundtree v. Baker (1869). 16 III. Comity and the Laws of Slavery in Antebellum Illinois. 24 IV.... 2007 Yes
Lindsay Perez Huber, Maria C. Malagon SILENCED STRUGGLES: THE EXPERIENCES OF LATINA AND LATINO UNDOCUMENTED COLLEGE STUDENTS IN CALIFORNIA 7 Nevada Law Journal 841 (Summer 2007) ABSTRACT: Latina/o Critical Race Theory (LatCrit) exposes multiple forms of oppression Latina/o students experience, including race, class, gender, language, and immigration status. We utilize this theoretical framework to examine critically the experiences of Latina and Latino undocumented college students in California public institutions of... 2007 Yes
Monica Bell THE OBLIGATION THESIS: UNDERSTANDING THE PERSISTENT "BLACK VOICE" IN MODERN LEGAL SCHOLARSHIP 68 University of Pittsburgh Law Review 643 (Spring, 2007) This Article revisits the debate over minority voice scholarship, particularly African-American scholarship, that raged in the late 1980s and early 1990s with the advent of critical race theory (CRT). Many critical race theorists elevated the voices of minority scholars, arguing that scholarship in the minority voice should be accorded greater... 2007 Yes
Laura A. Dickinson TOWARD A "NEW" NEW HAVEN SCHOOL OF INTERNATIONAL LAW? 32 Yale Journal of International Law 547 (Summer 2007) It is always difficult, of course, to try to group a diverse collection of scholars together and suggest that they might subscribe to a single school of thought. Indeed, the practice of founding schools of legal analysis seems to have gone somewhat out of fashion. There is law and economics, of course (and in particular, the Chicago School),... 2007 Yes
Eric Heinze TRUTH AND MYTH IN CRITICAL RACE THEORY AND LATCRIT: HUMAN RIGHTS AND THE ETHNOCENTRISM OF ANTI-ETHNOCENTRISM 20 National Black Law Journal 107 (2007) Critical Race Theorists and LatCrits argue that, throughout U.S. history, norms promising liberty and equality have been myths. They examine the formalisms of U.S. rights discourse through the lens of a realist jurisprudence, arguing that guarantees of equal protection or due process have failed non-dominant groups throughout long histories of... 2007 Yes
Alfredo Mirandé ALFREDO'S CARIBBEAN ADVENTURE: LATCRIT THEORY, NARRATIVES, AND THE POLITICS OF EXCLUSION 26 Chicana/o-Latina/o Law Review 207 (Spring 2006) Since its inception in the 1980's, Critical Race Theory (CRT) has challenged the basic tenets of traditional legal scholarship. Francisco Valdés, Jerome McCristal Culp, and Angela Harris note that CRT challenges three popular beliefs about racial injustice in the United States. The first, and most resistant belief, is that race blindness will... 2006 Yes
Mario L. Barnes BLACK WOMEN'S STORIES AND THE CRIMINAL LAW: RESTATING THE POWER OF NARRATIVE 39 U.C. Davis Law Review 941 (March, 2006) C1-3Table of Contents L1-2Introduction . L3943 I. Revisiting the Power of Narrative. 951 II. Criminal Law and the Continuing Cost of Unforgiveable Blackness (Womanhood and Poverty?). 958 A. Millie Simpson's Data. 962 B. My Grandmother's Story. 963 III. Doctrinal Narratives and Identity Construction. 966 A. My Grandmother's Hypervisibility.... 2006 Yes
Hannah Abrams DAN SUBOTNIK, TOXIC DIVERSITY: RACE, GENDER, AND LAW TALK IN AMERICA 22 Touro Law Review 827 (2006) Toxic Diversity addresses feminist scholarship and critical race theory, particularly in higher education and legal academia. The book's title is deceiving, leading one to believe that the author sees diversity as poisonous, but that is not Dan Subotnik's message. He asserts a belief in harmony amongst races, ethnic groups, and genders, with... 2006 Yes
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