AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Charles H. Jones EQUALITY, DIGNITY AND HARM: THE CONSTITUTIONALITY OF REGULATING AMERICAN CAMPUS ETHNOVIOLENCE 37 Wayne Law Review 1383 (Spring, 1991) There are many reasons why discourse about the constitutionality of regulating hate speech on college campuses is complex and largely indeterminate. Opponents and advocates of regulation tend to divide into two camps: civil libertarians and equalitarians. Those who believe strongly that the entry of government, in the form of the university, into... 1991  
Marion G. Crain FEMINIZING UNIONS: CHALLENGING THE GENDERED STRUCTURE OF WAGE LABOR 89 Michigan Law Review 1155 (March, 1991) Feminist scholars in increasing numbers are calling for a feminist agenda that challenges directly the economic, social, and political power imbalance between women and men. All agree that economic empowerment of women is a central feature of this agenda. Some center this debate in a broad-based challenge to the gendered structure of wage labor,... 1991  
Kathryn Abrams HEARING THE CALL OF STORIES 79 California Law Review 971 (July, 1991) In this Article, Professor Abrams examines the emergence of feminist narrative scholarship as a distinctive form of critical legal discourse. Arguing that the failure to debate publicly the conventions and merits of this form has perpetuated misunderstandings about its claims and disadvantaged its practitioners, she begins by examining several of... 1991  
J. M. Balkin IDEOLOGY AS CONSTRAINT 43 Stanford Law Review 1133 (May, 1991) Critical Legal Studies: A Liberal Critique. By Andrew Altman. Princeton: Princeton University Press. 1990. x + 206 pp. $29.95. The debate between the Critical Legal Studies movement and its critics has often seemed little more than a collection of arbitrary dismissals from both sides. For this reason, few books can be more welcome than the... 1991  
Kathryn Abrams LAWYERS AND SOCIAL CHANGE LAWBREAKING: CONFRONTING A PLURAL BAR 52 University of Pittsburgh Law Review 753 (Summer, 1991) Martha Minow teaches us that where you stand determines what you see on the question of social change lawbreaking. Surveying a range of potential clients, she explains how life experience, group affiliation, and political commitments affect one's inclination to use, heed or break the law in the struggle for social transformation. Exploring these... 1991  
Kimberle Crenshaw MAPPING THE MARGINS: INTERSECTIONALITY, IDENTITY POLITICS, AND VIOLENCE AGAINST WOMEN OF COLOR 43 Stanford Law Review 1241 (July, 1991) Over the last two decades, women have organized against the almost routine violence that shapes their lives. Drawing from the strength of shared experience, women have recognized that the political demands of millions speak more powerfully than the pleas of a few isolated voices. This politicization in turn has transformed the way we understand... 1991  
Jean Stefancic , Richard Delgado OUTSIDER JURISPRUDENCE AND THE ELECTRONIC REVOLUTION: WILL TECHNOLOGY HELP OR HINDER THE CAUSE OF LAW REFORM? 52 Ohio State Law Journal 847 (1991) Legal scholarship today stands at a crossroad, its form and substance subject to transformation by two movements that are about to coverage. These movements, or forces, are (i) outsider jurisprudence-the writing of Critical Legal Studies scholars, feminists, and minorities of color; and (ii) the electronic transformation of media. Our first task... 1991  
Margaret Jane Radin, Frank Michelman PRAGMATIST AND POSTSTRUCTURALIST CRITICAL LEGAL PRACTICE 139 University of Pennsylvania Law Review 1019 (April, 1991) Academic legal thought might be more concentratedly self-critical than it usually is. We, its producers, could and should learn to be more habitually reflective --about the social, cultural, and political conditions in which we produce our thought; --about whether or how, in these conditions, it makes sense for us to cast our scholarship as... 1991  
Frances Lee Ansley RACE AND THE CORE CURRICULUM IN LEGAL EDUCATION 79 California Law Review 1511 (December, 1991) C1-3Table of Contents I. Legal Education and the Canon Debate. 1513 A. Introduction: The Thesis. 1513 B. The Legal Core Curriculum. 1515 1. Its Backwardness. 1515 2. Its Advantages. 1519 II. Race in a Law School Classroom: Case Study. 1521 A. Property Class and Gratuitous Transfers Class. 1521 1. Roots of Title in New World. 1521 2. Slavery. 1523... 1991  
John Valery White REACTIONS TO OPPRESSION: JURISGENESIS IN THE JURISPATHIC STATE 100 Yale Law Journal 2727 (June, 1991) If there existed two legal orders with identical legal precepts and identical, predictable patterns of public force, they would nonetheless differ essentially in meaning if, in one of the orders, the precepts were universally venerated while in the other they were regarded by many as fundamentally unjust. -Robert Cover Traditional jurisprudence has... 1991  
Richard Delgado RECASTING THE AMERICAN RACE PROBLEM 79 California Law Review 1389 (October, 1991) In Rethinking the American Race Problem, Roy L. Brooks addresses what many consider America's most intractable problem: race. In this well-researched volume, Brooks sets out to accomplish three tasks: to demonstrate the extent and seriousness of the American race problem (pp. 25-128), explain why it fails to galvanize the American people and their... 1991  
Peggie R. Smith SEPARATE IDENTITIES: BLACK WOMEN, WORK, AND TITLE VII 14 Harvard Women's Law Journal 21 (Spring, 1991) No other group in America has so had their identity socialized out of existence as have black women. We are rarely recognized as a group separate and distinct from black men, or as a present part of the larger group women in this culture . . . . When black people are talked about the focus tends to be on black men; and when women are talked about... 1991  
Patricia A. Tidwell , Peter Linzer THE FLESH-COLORED BANK AID-CONTRACTS, FEMINISM, DIALOGUE, AND NORMS 28 Houston Law Review 791 (July, 1991) C1-4Table of Contents I. L2-3INTRODUCTION. 791 II. L2-3A BRIEF SKETCH OF RELATIONAL CONTRACTS . 794 III. L2-3THE FEMININE VOICE. 798 IV. L2-3CONTRACTS IN A FEMININE VOICE. 800 A.. The Power of Naming. 801 B.. Developing Less Formalized Rules. 803 C.. Embracing a Broader View of Value. 804 D.. A Different View of Obligation and Excuse. 805 V.... 1991  
H. Elizabeth Dallam THE GROWING VOICE OF INDIGENOUS PEOPLES: THEIR USE OF STORYTELLING AND RIGHTS DISCOURSE TO TRANSFORM MULTILATERAL DEVELOPMENT BANK POLICIES 8 Arizona Journal of International & Comparative Law 117 (1991) In February, 1988, the leader of the Kayapó Indians of Brazil, Paulinho Paiakan, spoke directly with World Bank officials. Paiakan voiced his concerns over World Bank plans to finance a massive hydro-electric damthe Altamira-Xingu River Complexthat would flood 7.6 million hectares of land in the Central Amazon region. Eighty-five percent of the... 1991  
Odeana R. Neal THE MAKING OF A LAW TEACHER 6 Berkeley Women's Law Journal 128 (1990-1991) At a meeting of the Northeast Corridor in October, 1990, Paulette Caldwell wondered aloud whether black women law teachers might be carrying on a cultural tradition of teaching. Her inquiry struck a chord with me that I hadn't heard in a long time. When I was very young, I wanted to be a teacher. I tutored younger children when I was in elementary... 1991  
William N. Eskridge, Jr. , Gary Peller THE NEW PUBLIC LAW MOVEMENT: MODERATION AS A POSTMODERN CULTURAL FORM 89 Michigan Law Review 707 (February, 1991) The past twenty years have witnessed an explosion of public law scholarship, as legal scholars reconceptualized themes of administrative law, legislation, and constitutional law; created almost from scratch whole new areas of public law scholarship, including discrimination, environmental, and consumer protection theory; and enlivened discourse... 1991  
Mari J. Matsuda VOICES OF AMERICA: ACCENT, ANTIDISCRIMINATION LAW, AND A JURISPRUDENCE FOR THE LAST RECONSTRUCTION 100 Yale Law Journal 1329 (March, 1991) Every person who reads this Article has an accent. Your accent carries the story of who you arewho first held you and talked to you when you were a child, where you have lived, your age, the schools you attended, the languages you know, your ethnicity, whom you admire, your loyalties, your profession, your class position: traces of your life and... 1991  
Duncan Kennedy A CULTURAL PLURALIST CASE FOR AFFIRMATIVE ACTION IN LEGAL ACADEMIA 1990 Duke Law Journal 705 (September, 1990) This Article is about affirmative action in legal academia. It argues for a large expansion of our current commitment to cultural diversity on the ground that law schools are political institutions. For that reason, they should abide by the general democratic principle that people should be represented in institutions that have power over their... 1990  
Robert A. Williams, Jr. ENCOUNTERS ON THE FRONTIERS OF INTERNATIONAL HUMAN RIGHTS LAW: REDEFINING THE TERMS OF INDIGENOUS PEOPLES' SURVIVAL IN THE WORLD 1990 Duke Law Journal 660 (September, 1990) The global movement for human rights is redefining the world as we know it. Our contemporary ideas about lawonce so stable, so sure that law was made and remade according to the positivities of state sovereignty in the worldhave failed us. We are not prepared to deal with the sudden emergence of human values as reflected in a global discourse... 1990  
Scott Brewer INTRODUCTION: CHOOSING SIDES IN THE RACIAL CRITIQUES DEBATE 103 Harvard Law Review 1844 (June, 1990) The white man has made a fetish of intellect and worships the God of thought; the negro feels rather than thinks, experiences emotions directly rather than interprets them by roundabout and devious abstractions, and apprehends the outside world by means of intuitive perception instead of through a carefully built up system of logical analysis. . .... 1990  
Leslie G. Espinoza MASKS AND OTHER DISGUISES: EXPOSING LEGAL ACADEMIA 103 Harvard Law Review 1878 (June, 1990) Part of the burden of being twelve years old, at least in the California public schools of 1964, was having to write three career reports.' I dutifully produced three papers. The first, on being a secretary, was my pre-marriage hope. The second, on being an airline stewardess, was my wishful fantasizing. The third, on being a nurse, was my most... 1990  
Richard Delgado MINDSET AND METAPHOR 103 Harvard Law Review 1872 (June, 1990) Much of what Professor Randall Kennedy says in Racial Critiques of Legal Academia has caused puzzlement if not outright consternation among his colleagues of color. On reflection, I believe this is so not because of what he says; others have been exhorting us for years to buck up, stop blaming all our ills on racism, and give credit where credit is... 1990  
Mari J. Matsuda PRAGMATISM MODIFIED AND THE FALSE CONSCIOUSNESS PROBLEM 63 Southern California Law Review 1763 (September, 1990) It was Herc who saw possibilities of mixing his own formulas through re-mixing pre-recorded sound. In calling this Comment Pragmatism Modified, I allude to Catherine MacKinnon's Feminism Unmodified-her refusal to move her feminism over to accommodate Marxism, liberalism, or any other prefeminist theory. If feminism is not moving, perhaps pragmatism... 1990  
Gary Peller RACE CONSCIOUSNESS 1990 Duke Law Journal 758 (September, 1990) The entire civil rights struggle needs a new interpretation, a broader interpretation. We need to look at this civil rights thing from another anglefrom the inside as well as from the outside. To those of us whose philosophy is black nationalism, the only way you can get involved in the civil rights struggle is to give it a new interpretation. The... 1990  
Richard Delgado WHEN A STORY IS JUST A STORY: DOES VOICE REALLY MATTER? 76 Virginia Law Review 95 (February, 1990) A growing body of literature, much of it written by feminists and scholars of color, draws attention to the role of voice in legal scholarship. These scholars argue that some members of marginalized groups, by virtue of their marginal status, are able to tell stories different from the ones legal scholars usually hear. In addition, some of the... 1990  
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