AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Elvia Rosales Arriola WILDLY DIFFERENT: ANTI-GAY PEER HARASSMENT IN PUBLIC SCHOOLS 1 Georgetown Journal of Gender and the Law 5 (Fall, 1999) The failure of public school officials to address students' homophobic assaults on other students is a significant factor in the psychological stress experienced by teenagers adjusting to the awareness of being lesbian, gay, bisexual, and/or transgender (LGBT). Researchers, advocates, and activists must explore more deeply how the multiplicity of... 1999  
George A. Martínez AFRICAN-AMERICANS, LATINOS, AND THE CONSTRUCTION OF RACE: TOWARD AN EPISTEMIC COALITION 19 Chicano-Latino Law Review 213 (Spring 1998) Latinos will soon become the largest minority group in the United States. African-Americans may therefore be about to give up political clout to Latinos. This prospect has generated tension between African-Americans and Latinos. Given this background, it is important for Critical Race Theory and Latino Critical Theory to consider the matter of the... 1998 Yes
Francisco Valdes BEYOND SEXUAL ORIENTATION IN QUEER LEGAL THEORY: MAJORITARIANISM, MULTIDISCIPLINARY, AND RESPONSIBILITY IN SOCIAL JUSTICE SCHOLARSHIP OR LEGAL SCHOLARS AS CULTURAL WARRIORS 75 Denver University Law Review 1409 (1998) Introduction. 1410 A. Sexual Minorities & Sexual Orientation Scholarship Since 1979. 1416 B. Sexual Orientation, Critical Race Theory & Postmodern Analysis. 1418 C. Queering Sexual Orientation Legal Scholarship. 1422 D. Cultural War, Cultural Traditionalism & Majoritarian Essentialism. 1426 E. Formal Democracy, Cultural War & Backlash Lawmaking.... 1998 Yes
Anthony V. Alfieri BLACK AND WHITE 10 La Raza Law Journal 561 (Spring 1998) Critical Race Theory dreams in black and white. No rhapsody of color, only charred history and pale hope. Yet the dreams stamp hard, inspiring a jurisprudential movement of diverse scholars and earning an uneasy place in the postwar scholarship of the American legal academy. Having waged both theoretical and practical battles to gain that place,... 1998 Yes
Mari J. Matsuda CRIME AND AFFIRMATIVE ACTION 1 Journal of Gender, Race and Justice 309 (Spring 1998) Let me begin, as critical race theorists often do, with a story. Earlier this year, in the city of Los Angeles, a three-generation Korean American family moved into a new home. The grandfather from the family left to take his customary evening stroll. Don't go too far, and please come back soon, his daughter requested. As he returned from his... 1998 Yes
Jody Armour CRITICAL RACE FEMINISM: OLD WINE IN A NEW BOTTLE OR NEW LEGAL GENRE? 7 Southern California Review of Law and Women's Studies 431 (Spring 1998) The phrase Critical Race Feminism incorporates by reference two of the most vibrant genres in contemporary legal thought--Critical Race Theory (CRT) and Feminist Jurisprudence. But then is Critical Race Feminism as a legal genre merely redundant? Is it just a parasite on the margin of knowledge generated by the older schools it refers to? Put... 1998 Yes
Erik M. Jensen CRITICAL THEORY AND THE LONELINESS OF THE TAX PROF 76 North Carolina Law Review 1753 (June, 1998) This essay has two goals: to suggest why feminist and critical race commentary (what I'll call the New Criticism) is spreading in taxation and, in the course of evaluating some specific examples of the New Criticism, to discuss some dangers of that criticism. My first thesis--ultimately unprovable, I admit--is that the emergence of New Criticism... 1998 Yes
Daria Roithmayr DECONSTRUCTING THE DISTINCTION BETWEEN BIAS AND MERIT 10 La Raza Law Journal 363 (Spring 1998) In this article Professor Roithmayr attempts to develop in the context of law school admissions a theoretical argument from deconstruction to support the radical critique of merit. The radical critique, espoused primarily by Critical Race Theorists and radical feminists, argues that merit standards disproportionately exclude white women and people... 1998 Yes
James R. Hackney Jr. DERRICK BELL'S RE-SOUNDING: W. E. B. DU BOIS, MODERNISM, AND CRITICAL RACE SCHOLARSHIP 23 Law and Social Inquiry 141 (Winter, 1998) Critical race scholarship (CRS) is one of the most prominent and controversial strands of thought in legal academe. It has spawned widespread criticisms but has also reached a stage of intellectual maturity, warranting two general anthologies and others more specialized (Gates 1997; Wing 1997; Crenshaw et al. 1995; Delgado 1995). Given the... 1998 Yes
Hope Lewis GLOBAL INTERSECTIONS: CRITICAL RACE FEMINIST HUMAN RIGHTS AND INTER/NATIONAL BLACK WOMEN 50 Maine Law Review 309 (1998) My life stories influence my perspective, a perspective unable to function within a single paradigm because I am too many things at one time. Say, I remember, when we used to sit in a government yard in Brooklyn . As an African American feminist law professor who is visually impaired and the daughter of immigrants, I am often torn as to which... 1998 Yes
Rogers M. Smith, Yale University IAN F. HANEY LÓPEZ, WHITE BY LAW: THE LEGAL CONSTRUCTION OF RACE. 42 American Journal of Legal History 65 (January, 1998) White by Law is most significant for its important arguments. It is also a valuable representative of critical race theory in law, of the new interdisciplinary community of whiteness scholars, and of the N.Y.U. Press's efforts to build a list of innovative scholarship on race, particularly by scholars of color. The book's main empirical and... 1998 Yes
  INTRODUCTION 76 North Carolina Law Review 1519 (June, 1998) In recent years, the Internal Revenue Code increasingly has become the focus of feminist and critical race theorists. In the main, critics of the Code maintain that there are provisions that are inherently biased and thus operate to disadvantage certain groups, or that the Code should be redesigned to advance social policies benefiting historically... 1998 Yes
Richard Schmalbeck RACE AND THE FEDERAL INCOME TAX: HAS A DISPARATE IMPACT CASE BEEN MADE? 76 North Carolina Law Review 1817 (June, 1998) Professors Moran and Whitford's A Black Critique of the Internal Revenue Code is a straightforward and plausible application of critical race theory to the United States federal income tax. Their argument proceeds essentially as follows: (a) African-Americans differ from the white majority in several important socioeconomic respects; (b) the U.S.... 1998 Yes
Richard Delgado RODRIGO'S BOOK OF MANNERS: HOW TO CONDUCT A CONVERSATION ON RACE-- STANDING, IMPERIAL SCHOLARSHIP, AND BEYOND 86 Georgetown Law Journal 1051 (February, 1998) Responding to a number of Critical Race Theory's critics, the professor and his alter ego Rodrigo Crenshaw discuss a number of themes in the writings of Daniel Farber and Suzanna Sherry, Judge Richard Posner, Stephen Gey, and others. The two discuss whether the espousal of multiculturalism really constitutes an assault on the truth, and criticism... 1998 Yes
Charles O. Galvin TAKING CRITICAL TAX THEORY SERIOUSLY--A COMMENT 76 North Carolina Law Review 1749 (June, 1998) Professor Zelenak has provided an excellent analysis of the developments in the tax policy discussions of feminists and critical race theorists. My response will be brief and, I hope, to the point. A tax system should be neutral in its effect on each citizen's decisionmaking. Therefore, assuming a democratic ideal of a free society with equal... 1998 Yes
Dan Subotnik THE JOKE IN CRITICAL RACE THEORY: DE GUSTIBUS DISPUTANDUM EST? 15 Touro Law Review 105 (Fall, 1998) If we laugh at each other we won't kill each other. Ralph Ellison Deep down in the jungle so they say There's a signifying monkey down the way There hadn't been no disturbin' in the jungle for quite a bit, For up jumped the monkey in the tree one day and laughed, I guess I'll start some shit. Old African American toast The central tenet of... 1998 Yes
Leila Hilal WHAT IS CRITICAL RACE FEMINISM? 4 Buffalo Human Rights Law Review 367 (1998) Critical race feminism, a proposed offshoot of critical race theory, debuts in Adrien K. Wing's volume Critical Race Feminism: A Reader. In Wing's words, the volume focuses on [women of color,] who face multiple discrimination on the basis of race, gender and class, revealing how all these factors interact within a system of white male patriarchy... 1998 Yes
Daniel Subotnik WHAT'S WRONG WITH CRITICAL RACE THEORY?: REOPENING THE CASE FOR MIDDLE CLASS VALUES 7 Cornell Journal of Law & Public Policy 681 (Spring 1998) One of the subtlest challenges we face . . . is how to relegitimate the national discussion of racial, ethnic and gender tensions so that we can get past the Catch-22 in which merely talking about it is considered an act of war, in which not talking about it is complete capitulation to the status quo. . . . If engagement is the first step in... 1998 Yes
Tanya Katerí Hernández "MULTIRACIAL" DISCOURSE: RACIAL CLASSIFICATIONS IN AN ERA OF COLOR-BLIND JURISPRUDENCE 57 Maryland Law Review 97 (1998) Introduction. 98 I. The Background and Motivation of the Multiracial Category Movement. 106 II. The Adverse Consequences of Multiracial Discourse. 115 A. The Reaffirmation of the Value of Whiteness in Racial Hierarchy. 115 B. The Dissociation of a Racially Subordinated Buffer Class from Equality Efforts. 121 C. The Continuation of the Color-Blind... 1998  
Nomi Maya Stolzenberg A BOOK OF LAUGHTER AND FORGETTING: KALMAN'S "STRANGE CAREER" AND THE MARKETING OF CIVIC REPUBLICANISM 111 Harvard Law Review 1025 (February, 1998) When I was a student at Harvard Law School in 1985, I attended a symposium. I no longer remember the topic, but the tenor of the talks and the basic plot of the event--for it turned into something of a spectacle--remain in my memory. In a large law school auditorium, monitored by the oil-painted visages of bygone legal sages, students and faculty... 1998  
Gil Gott A TALE OF NEW PRECEDENTS: JAPANESE AMERICAN INTERNMENT AS FOREIGN AFFAIRS LAW 19 Boston College Third World Law Journal 179 (Fall, 1998) In a recently published book on the status of civil liberties in wartime, Chief Justice William H. Rehnquist offers a surprising defense and rationalization of the Japanese American internment. One might have assumed that the official debate on the internment had closed in 1988 when, in an exceptional act of national contrition, President Ronald... 1998  
Gil Gott A TALE OF NEW PRECEDENTS: JAPANESE AMERICAN INTERNMENT AS FOREIGN AFFAIRS LAW 40 Boston College Law Review 179 (December, 1998) In a recently published book on the status of civil liberties in wartime, Chief Justice William H. Rehnquist offers a surprising defense and rationalization of the Japanese American internment. One might have assumed that the official debate on the internment had closed in 1988 when, in an exceptional act of national contrition, President Ronald... 1998  
Michael I. Swygert , Katherine Earle Yanes A UNIFIED THEORY OF JUSTICE: THE INTEGRATION OF FAIRNESS INTO EFFICIENCY 73 Washington Law Review 249 (April, 1998) Abstract: An idea generally shared by both economists and philosophers is that a legal rule may either achieve distributive fairness or bring about an efficient outcome, but not both. In this Article, the authors argue that justice requires that legal rules consider both fairness and efficiency. The Article discusses the Coase Theorem, as a tool... 1998  
Daniel A. Farber ADJUDICATION OF THINGS PAST: REFLECTIONS ON HISTORY AS EVIDENCE 49 Hastings Law Journal 1009 (April, 1998) We cannot invent our facts. Either Elvis Presley is dead or he isn't. --Eric Hobsbawm Evidence, like clue or proof, is a crucial word for the historian and the judge. So we are told by Carlo Ginzburg, a leading historiographer who has traced comparisons between the roles of the judge and historian over the past two centuries. Today, he advises... 1998  
Leslie Espinoza , Angela P. Harris AFTERWORD: EMBRACING THE TAR-BABY--LATCRIT THEORY AND THE STICKY MESS OF RACE 10 La Raza Law Journal 499 (Spring 1998) In this Afterword, Leslie Espinoza and Angela Harris identify some of the submerged themes of this Symposium and reflect on LatCrit theory more generally. Professor Harris argues that LatCrit theory reveals tensions between scholars wishing to transcend the black-white paradigm and proponents of black exceptionalism. Professor Espinoza argues... 1998  
Jill Gaulding AGAINST COMMON SENSE: WHY TITLE VII SHOULD PROTECT SPEAKERS OF BLACK ENGLISH 31 University of Michigan Journal of Law Reform 637 (Spring 1998) The speech of many black Americans is marked by phrases such as we be writin' or we don't have no problems. Because most listeners consider such Black English speech patterns incorrect, these speakers face significant disadvantages in the job market. But common sense suggests that there is nothing discriminatory about employers' negative... 1998  
Richard Delgado ARE HATE-SPEECH RULES CONSTITUTIONAL HERESY? A REPLY TO STEVEN GEY 146 University of Pennsylvania Law Review 865 (March, 1998) In a recent article, Steven Gey takes strenuous issue with proposals to regulate racist and misogynistic hate speech. Focusing on the work of Mari Matsuda, Charles Lawrence, and myself in the hate-speech area, and Catharine MacKinnon and Andrea Dworkin in the area of pornography regulation, Gey mounts the most sustained attack yet on the view that... 1998  
john a. powell AS JUSTICE REQUIRES/PERMITS: THE DELIMITATION OF HARMFUL SPEECH IN A DEMOCRATIC SOCIETY 16 Law & Inequality: A Journal of Theory and Practice 97 (Winter 1998) [ W]hat should experience be but a future implicated in a present! --John Dewey [Humanity's] capacity for justice makes democracy possible; but [humanity's] inclination to injustice makes democracy necessary. --Reinhold Neibuhr This Article will argue that liberty, free speech and equality are not separate independent norms. Instead, they are... 1998  
Kevin M. Pimentel , Ronnie H. Rhoe ASIAN AMERICA'S GREATEST HITS: A REVIEW OF ANGELO ANCHETA'S RACE, RIGHTS, AND THE ASIAN AMERICAN EXPERIENCE 4 Michigan Journal of Race and Law 169 (Fall 1998) We are the children of the migrant worker We are the offspring of the concentration camp, Sons and daughters of the railroad builder Who leave their stamp on Amerika. Asian Americans have always been on the business end of the stick called history. Alternately and simultaneously characterized as both the eternal foreigner --unwilling and unable... 1998  
Francis J. Mootz III BETWEEN TRUTH AND PROVOCATION: RECLAIMING REASON IN AMERICAN LEGAL SCHOLARSHIP 10 Yale Journal of Law & the Humanities 605 (Summer 1998) The Wallflowers Truth has regained a strong voice in American legal scholarship. Like a groggy patient slowly emerging from a traumatic operation, legal theory is being coaxed back to consciousness by Dan Farber and Suzanna Sherry. They are fighting th 1998  
Victor C. Romero BROADENING OUR WORLD: CITIZENS AND IMMIGRANTS OF COLOR IN AMERICA 27 Capital University Law Review 13 (1998) Your world is as big as you make it. I know, for I used to abide In the narrowest nest in a corner, My wings pressing close to my side. But I sighted the distant horizon Where the sky line encircled the sea And I throbbed with a burning desire To travel this immensity. I battered the cordons around me And cradled my wings on the breeze Then soared... 1998  
Berta Esperanza Hernández-Truyol BUILDING BRIDGES III--PERSONAL NARRATIVES, INCOHERENT PARADIGMS, AND PLURAL CITIZENS 19 Chicano-Latino Law Review 303 (Spring 1998) Because we never had a chance to talk, to teach each other and learn from each other, racism had diminished all the lives it touched. . . . Our young must be taught that racial peculiarities do exist, but that beneath the skin, beyond the differing features and into the true heart of being, fundamentally, we are more alike, my friend, than unalike.... 1998  
Estelle T. Lau CAN MONEY WHITEN? EXPLORING RACE PRACTICE IN COLONIAL VENEZUELA AND ITS IMPLICATIONS FOR CONTEMPORARY RACE DISCOURSE 3 Michigan Journal of Race and Law 417 (Spring 1998) The Gracias al Sacar, a fascinating and seemingly inconceivable practice in eighteenth century colonial Venezuela, allowed certain individuals of mixed Black and White ancestry to purchase Whiteness from their King. The Author exposes the irony of this system, developed in a society obsessed with natural ordering that labeled individuals... 1998  
Robert S. Chang , Keith Aoki CENTERING THE IMMIGRANT IN THE INTER/NATIONAL IMAGINATION 10 La Raza Law Journal 309 (Spring 1998) In this Article, Professors Chang and Aoki examine the relationship between the immigrant and the nation in the complicated racial terrain known as the United States. Special attention is paid to the border which contains and configures the local, the national and the international. They criticize the contradictory impulse that has led to borders... 1998  
Kevin R. Johnson , Amagda Pérez CLINICAL LEGAL EDUCATION AND THE U.C. DAVIS IMMIGRATION LAW CLINIC: PUTTING THEORY INTO PRACTICE AND PRACTICE INTO THEORY 51 SMU Law Review 1423 (July-August, 1998) I. THE U.C. DAVIS IMMIGRATION LAW CLINIC. 1428 A. History: From Past to Present. 1430 B. Clinic Operations: A Law Office With Students. 1435 1. Case Selection. 1436 2. Case Preparation. 1437 3. The Hearing. 1440 C. The Clients. 1440 1. Suspension of Deportation for Disabled Mexican Citizen. 1441 2. Deferred Action/Adjustment of Pakistani Minor.... 1998  
Minna J. Kotkin CREATING TRUE BELIEVERS: PUTTING MACRO THEORY INTO PRACTICE 5 Clinical Law Review 95 (Fall 1998) In 1986, Robert Condlin published an article, now somewhat notorious in clinical circles, entitled Tastes Great, Less Filling: The Law School Clinic and Political Critique. There he attacked in-house clinical programs for failing to provide a political critique of lawyering. Political critique, he suggested, requires a critical theory, defined as... 1998  
Isaac Moriwake CRITICAL EXCAVATIONS: LAW, NARRATIVE, AND THE DEBATE ON NATIVE AMERICAN AND HAWAIIAN "CULTURAL PROPERTY" REPATRIATION 20 University of Hawaii Law Review 261 (Fall, 1998) The famous spear rest. If this thing could talk, imagine the stories we'd have. - Mayor Vincent A. Cianci Jr., City of Providence, Rhode Island. Nearly two centuries ago, the Hawaiians lost a kii laau. No one quite remembers when or how such a sacred aumakua (guardian spirit) image and important cultural symbol left the islands. Some say the... 1998  
Nancy E. Shurtz CRITICAL TAX THEORY: STILL NOT TAKEN SERIOUSLY 76 North Carolina Law Review 1837 (June, 1998) [F]eminism is about taking all women seriously, which requires eliciting the differences and conflicts among women. But in the overall feminist scheme of things, any arguable injustice caused by QTIPs to affluent (and overwhelmingly white) widows is simply trivial. Justice Oliver Wendell Holmes once said: Taxes are what we pay for civilized... 1998  
Vivian Grosswald Curran CULTURAL IMMERSION, DIFFERENCE AND CATEGORIES IN U.S. COMPARATIVE LAW 46 American Journal of Comparative Law 43 (Winter 1998) Denn nur durch Vergleichung unterscheidet man sich und erfährt, was man ist, um ganz zu werden, was man sein soll. - Thomas Mann Die schönen Dinge zeigen an, daß der Mensch in die Welt passe und selbst seine Anschauung der Dinge mit den Gesetzen seiner Anschauung stimme. - Kant Les lois. . . . de chaque nation . . . doivent être tellement propres... 1998  
Vivian Grosswald Curran DEALING IN DIFFERENCE: COMPARATIVE LAW'S POTENTIAL FOR BROADENING LEGAL PERSPECTIVES 46 American Journal of Comparative Law 657 (Fall, 1998) Comparative law is a field which by definition deals with and analyzes the other, the different. This characteristic suggests its immediate relevance for major intellectual legal debates and practical legal issues of our time which also focus on the role of the different or other. The diverse communities in contemporary democracies, previously... 1998  
Sylvia R. Lazos Vargas DECONSTRUCTING HOMO[GENEOUS] AMERICANUS: THE WHITE ETHNIC IMMIGRANT NARRATIVE AND ITS EXCLUSIONARY EFFECT 72 Tulane Law Review 1493 (May, 1998) This Article examines why the assumption of sameness is so pervasive in our society, and why the very idea of diversity is so resisted. The assumption and the corollary mandate to be the same are embedded in American cultural ideology, in how Americans think of themselves, in the stories that we tell regarding who we are and where we come from, in... 1998  
Anthony S. Wang DEMYSTIFYING THE ASIAN AMERICAN NEO-CONSERVATIVE: A STRANGE AND NEW POLITICAL ANIMAL? 5 Asian Law Journal 213 (May, 1998) Asian American neo-conservatives are the product of the 1960s Asian American movement, yet they have diverged in principle from its modern-day progressive flag-bearers. This divergence, Mr. Wang observes, has led to the exclusion of neo-conservatives from the debate over the political direction of Asian Americans. Mr. Wang seeks to de-mystify... 1998  
Jim Chen DIVERSITY IN A DIFFERENT DIMENSION: EVOLUTIONARY THEORY AND AFFIRMATIVE ACTION'S DESTINY 59 Ohio State Law Journal 811 (1998) Bakke is banal, and the affirmative action debate is dishonest. Two decades of doctrinal deadlock have shed little or not light on diversity, the only viable justification for race-conscious university admissions. We can break the logjam by entertaining a series of elaborate legal analogies. The law seeks to protect diversity in many domains,... 1998  
Timothy L. Hall EDUCATIONAL DIVERSITY: VIEWPOINTS AND PROXIES 59 Ohio State Law Journal 551 (1998) This Article considers the role of race-consciousness in promoting educational diversity. It challenges the conclusion, most famously expressed by Justice Powell's opinion in Regents of the University of California v. Bakke, that consideration of race as one among a number of 'plus' factors in admissions decisions satisfies strict scrutiny under... 1998  
Toni Lester EFFICIENT BUT NOT EQUITABLE: THE PROBLEM WITH USING THE LAW AND ECONOMICS PARADIGM TO INTERPRET SEXUAL HARASSMENT IN THE WORK PLACE 22 Vermont Law Review 519 (Spring, 1998) While Vivienne Rabidue worked as an administrative assistant at the Osceola refining company, one of her co-workers repeatedly called her a fat ass and referred to women as whores and cunts. Many of her male co-workers displayed pictures of nude women in their offices. When she complained to management, she was ignored and eventually fired... 1998  
Deborah C. Malamud ENGINEERING THE MIDDLE CLASSES: CLASS LINE-DRAWING IN NEW DEAL HOURS LEGISLATION 96 Michigan Law Review 2212 (August, 1998) The likely readers of this Article work for a living, or are studying with the hope that they will work for a living very soon. Unlike many other workers in this society, they do not (and will not) get paid time-and-a-half for overtime. In this Article, I tell the story of how upper-level white-collar workers--people like the intended readers of... 1998  
Marjorie M. Shultz EXCELLENCE LOST 13 Berkeley Women's Law Journal 26 (1998) It's the first day of class for the Spring 1998 semester, and despite having enjoyed teaching for many years, I realize that today I am uncomfortable. I've been talking for about ten minutes, beginning to set classroom norms and tone, meeting eyes long enough to make at least an initial connection, laying out expectations, addressing my... 1998  
Victor C. Romero EXPANDING THE CIRCLE OF MEMBERSHIP BY RECONSTRUCTING THE "ALIEN" : LESSONS FROM SOCIAL PSYCHOLOGY AND THE "PROMISE ENFORCEMENT" CASES 32 University of Michigan Journal of Law Reform 1 (Fall 1998) Recent legal scholarship suggests that the Supreme Court's decisions on immigrants' rights favor conceptions of membership over personhood. Federal courts are often reluctant to recognize the personal rights claims of noncitizens because they are not members of the United States. Professor Michael Scaperlanda argues that because the courts have... 1998  
Nancy K. Ota FALLING FROM GRACE: A MEDITATION ON LATCRIT II 19 Chicano-Latino Law Review 437 (Spring 1998) On Saturday morning at LatCrit II, the conference took an unexpected turn during the panel titled: LatCrit Theory and Asian-American Legal Scholarship: A Comparative Discussion of Non-White/Non-Black Positionalities. The panel started out as a breakfast conversation between Berta Esperanza Hernández-Truyol, Sumi Cho, and me, and finished with... 1998  
Mari J. Matsuda FOREWORD: MCCARTHYISM, THE INTERNMENT AND THE CONTRADICTIONS OF POWER 19 Boston College Third World Law Journal 9 (Fall, 1998) There is naked power, which grabs and smashes without need for denial or justification. There is legitimized power, which justifies without denying. There is masked power, which never justifies, because the denial of its own existence is complete. The articles in this symposium call to mind all three kinds of power. The internment, falling in the... 1998  
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