| Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
| 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 |
| Solangel Maldonado |
DEADBEAT OR DEADBROKE: REDEFINING CHILD SUPPORT FOR POOR FATHERS |
39 U.C. Davis Law Review 991 (March, 2006) |
C1-3Table of Contents L1-2Introduction . R3993. I. Fathers Matter. 996 II. Nonresident Fathers' Contributions. 1000 A. Child Support. 1000 B. Nonfinancial Contributions. 1004 III. Redefining Child Support. 1008 A. Dominant v. Community Norms. 1008 B. Involved Fathering. 1012 L1-2Conclusion . R31022. |
2006 |
Yes |
| George Rutherglen |
DISPARATE IMPACT, DISCRIMINATION, AND THE ESSENTIALLY CONTESTED CONCEPT OF EQUALITY |
74 Fordham Law Review 2313 (March, 2006) |
[T]he line between discriminatory purpose and discriminatory impact is not nearly as bright, and perhaps not quite as critical, as the reader of the Court's opinion might assume. In this single sentence, Justice John Paul Stevens suggests all of the problems with the uneasy distinction between disparate impact and discriminatory purpose under the... |
2006 |
Yes |
| David Barnard |
LAW, NARRATIVE, AND THE CONTINUING COLONIALIST OPPRESSION OF NATIVE HAWAIIANS |
16 Temple Political & Civil Rights Law Review 1 (Fall 2006) |
The article does three things. First, and for the first time, it brings to bear the perspectives of critical race theory, postcolonial theory, and narrative theory on the U.S. Supreme Court's 2000 decision in Rice v. Cayetano, which dealt a severe blow to Native Hawaiians' struggles for redress and reparations for a century of dispossession and... |
2006 |
Yes |
| Evan Caminker |
POST-ADMISSIONS EDUCATIONAL PROGRAMMING IN A POST-GRUTTER WORLD: A RESPONSE TO PROFESSOR BROWN |
43 Houston Law Review 37 (Symposium 2006) |
I. Introduction. 37 II. The Need to Address Second-Generation Issues. 39 III. Rationales Behind Affirmative Action. 42 IV. Affirmative Action Rationales and Second-Generation Arguments. 44 A. Full Participation in Law School. 44 B. Improving Minority Academic Performance. 46 C. Introducing Critical Race Theory into Law Schools. 47 V. Conclusion. 54... |
2006 |
Yes |
| George H. Taylor |
RACE, RELIGION, AND LAW: THE TENSION BETWEEN SPIRIT AND ITS INSTITUTIONALIZATION |
6 University of Maryland Law Journal of Race, Religion, Gender and Class 51 (Spring 2006) |
My reflections flow from the following recent comment by the critical race scholar Derrick Bell: In my writing, I have focused on the economic, political, and cultural dimensions of racism, suggesting its permanence because of the social stability it provides in a system that contains great disparities in income and wealth. . . . But I want to... |
2006 |
Yes |
| Robert F. Castro, California State University at Fullerton |
RACIAL CULTURE: A CRITIQUE RICHARD T. FORD (PRINCETON: PRINCETON UNIVERSITY PRESS, 2005) |
29 PoLAR: Political and Legal Anthropology Review 331 (November, 2006) |
Ford has written a bold and provocative book in Racial Culture: A Critique. He artfully uses humor, personal narratives, and legal analysis to challenge the foundation of difference discourse and, in the process, pushes critical race theorists and champions of multiculturalism to defend inconsistencies that Professor Ford interprets as... |
2006 |
Yes |
| L. Darnell Weeden |
RAISING THE BAR IN THE AFFIRMATIVE ACTION DEBATE: A PRAGMATIC COMMENT ON PROFESSOR RICHARD H. SANDER'S SYSTEMIC ANALYSIS OF AFFIRMATIVE ACTION IN AMERICAN LAW SCHOOLS ARTICLE |
15 Southern California Review of Law & Social Justice 195 (Spring 2006) |
Professor Richard H. Sander's article, A Systemic Analysis of Affirmative Action in American Law Schools, is essential reading for anyone involved with, or possessing an opinion about, the issue of race-based affirmative action in higher education and the positive or negative impact racial diversity in the law school admissions process may have on... |
2006 |
Yes |
| Verna L. Williams |
READING, WRITING, AND REPARATIONS: SYSTEMIC REFORM OF PUBLIC SCHOOLS AS A MATTER OF JUSTICE |
11 Michigan Journal of Race and Law 419 (Spring 2006) |
INTRODUCTION. 420 I. Reparations Theory: Performing Critical Race Theory and Praxis. 428 A. Contextualizing Race and Racism. 429 B. Promoting Systemic Change. 430 C. Extending Beyond a Binary Approach to Race. 432 II. Assessing The Brown Fund Act as a Reparative Measure. 435 A. Prince Edward County: Beyond Massive Resistance. 437 B. Putting the... |
2006 |
Yes |
| Emily M.S. Houh |
STILL, AT THE MARGINS |
40 Law and Society Review 481 (June, 2006) |
Austin Sarat, ed., The Social Organization of Law: Introductory Readings. Los Angeles: Roxbury Publishing Co., 2004. 596 pp. $65.95 paper. In one of many traditions of critical race scholarship, this review opens with a first-person narrative. When I was asked to review Austin Sarat's new compilation of introductory readings on law and society at... |
2006 |
Yes |
| Dorothy A. Brown |
TAKING GRUTTER SERIOUSLY: GETTING BEYOND THE NUMBERS |
43 Houston Law Review 1 (Symposium 2006) |
I. Introduction. 2 II. The Grutter Decision. 5 III. Making Diversity Work. 16 A. Diversity Work. 16 1. Structural Diversity. 16 2. Classroom Diversity. 17 3. Informal Interactional Diversity. 20 B. Diversity: Unemployed. 21 IV. Critical Race Theory and the Law School Curriculum. 27 V. Conclusion. 34 [T]he educational benefits that diversity is... |
2006 |
Yes |
| Robert S. Chang , Adrienne D. Davis |
THE ADVENTURE(S) OF BLACKNESS IN WESTERN CULTURE: AN EPISTOLARY EXCHANGE ON OLD AND NEW IDENTITY WARS |
39 U.C. Davis Law Review 1189 (March, 2006) |
Through a series of letters, Professors Robert Chang and Adrienne Davis examine the politics of positionality in law and literary criticism. They use the scholarly debates and conversations around Critical Race Theory and feminist legal theory as a starting point to formulate some thoughts about Critical Race Feminism (CRF) and its future. The... |
2006 |
Yes |
| Amit Patel |
THE ORTHODOXY OPENING PREDICAMENT: THE CRUMBLING WALL OF SEPARATION BETWEEN CHURCH AND STATE |
83 University of Detroit Mercy Law Review 195 (Spring 2006) |
In one of the more audacious contributions to the critical race theory literature, Derrick Bell posited that Brown v. Board of Education and other breakthrough civil rights cases came about, not so much from moral epiphanies or evolving standards of decency, but from simple interest convergence. When the Supreme Court ruled in 1954 that school... |
2006 |
Yes |
| Athena D. Mutua |
THE RISE, DEVELOPMENT AND FUTURE DIRECTIONS OF CRITICAL RACE THEORY AND RELATED SCHOLARSHIP |
84 Denver University Law Review 329 (2006) |
Introduction 330 I. Overview. 333 II. Intellectual Antecedents. 340 III. Conflict as an Engine of CRT Intellectual and Institutional Growth. 345 A. Alternative Course: Confronting Colorblindness. 346 B. Conflict with CLS: The African American Experience as an Analytical and Methodological Framework. 347 C. Internal Conflict within the CRT Workshop:... |
2006 |
Yes |
| Dean Rex R. Perschbacher |
WELCOMING REMARKS: "THE FUTURE OF CRITICAL RACE FEMINISM" |
39 U.C. Davis Law Review 729 (March, 2006) |
Good morning everyone. Distinguished panelists, guests, and friends of King Hall, on behalf of the faculty, students, and staff of the UC Davis School of Law, thank you for coming and welcome to this symposium on The Future of Critical Race Feminism, jointly sponsored by the U.C. Davis Law Review, the Consortium for Women and Research, and the... |
2006 |
Yes |
| Deleso Alford Washington |
"EVERY SHUT EYE, AIN'T SLEEP": EXPLORING THE IMPACT OF CRACK COCAINE SENTENCING AND THE ILLUSION OF REPRODUCTIVE RIGHTS FOR BLACK WOMEN FROM A CRITICAL RACE FEMINIST PERSPECTIVE |
13 American University Journal of Gender, Social Policy and the Law 123 (2005) |
Introduction. 124 I. Black Women Standing at the Intersection of Race, Class, and Gender. 125 A. Critical Race Feminist Perspective. 126 B. Her-storical Lens. 126 II. Crack Cocaine Sentencing of Black Mothers and its Intergenerational Impact. 126 Conclusion. 126 |
2005 |
Yes |
| Annelise Riles |
A NEW AGENDA FOR THE CULTURAL STUDY OF LAW: TAKING ON THE TECHNICALITIES |
53 Buffalo Law Review 973 (Summer 2005) |
The legal academy currently consists of roughly two groups, two kinds of scholars, two sets of questions and concerns. On the one hand are the constitutional theorists, the legal historians, the law and society scholars, the jurisprudes and legal philosophers, the literary theorists, the feminists, the anthropologists, the critical race scholars.... |
2005 |
Yes |
| Anthony Paul Farley |
ACCUMULATION |
11 Michigan Journal of Race and Law 51 (Fall 2005) |
Anthony Farley brings a focus on class back to Critical Race Theory by exploring the intersection of race and class as a singular concept that finds its creation in the marking of difference through the primal scene of accumulation. Professor Farley's Essay contends that the rule of law is the endless unfolding of that primal scene of accumulation.... |
2005 |
Yes |
| Mitchell F. Crusto |
BLACKNESS AS PROPERTY: SEX, RACE, STATUS, AND WEALTH |
1 Stanford Journal of Civil Rights & Civil Liberties 51 (April, 2005) |
Using Critical Race Theory and legal history, this Article searches the roots of Justice Sandra Day O'Connor's rationale in Grutter v. Bollinger. It critically views Grutter as an anti-affirmative action case, contrary to popular belief, and uses Professor's Derrick Bell's interest-convergence principle to explain the law's regulation of... |
2005 |
Yes |
| Ellis Washington |
BROWN V. BOARD OF EDUCATION: RIGHT RESULT, WRONG REASONING |
56 Mercer Law Review 715 (Winter 2005) |
The genesis of this Article was originally conceived as a letter to a journalist in response to an article I had read in the Detroit News titled, Judge Damon Keith, governor hosts fund raiser on Saturday. I also heard about this event while listening to National Public Radio that same day, and I planned on attending because Judge Keith is a great... |
2005 |
Yes |
| Vanita Gupta |
CRITICAL RACE LAWYERING IN TULIA, TEXAS |
73 Fordham Law Review 2055 (April, 2005) |
This election week has been demoralizing for anyone who cares about racial justice. With an increasingly conservative and activist bench, one that is likely to become more so over the next four years, both at the level of the federal appeals courts and the United States Supreme Court, it is hard to imagine how we are going to fight for racial... |
2005 |
Yes |
| Imani Perry |
CULTURAL STUDIES, CRITICAL RACE THEORY AND SOME REFLECTIONS ON METHODS |
50 Villanova Law Review 915 (2005) |
FOR scholars, method is paramount. Outside of choosing the subject of inquiry, how one asks the question and pursues the answer are perhaps the two greatest choices to be made. Before I was a legal academic, I was a student and scholar of cultural studies. Because I was trained by professors educated in the Birmingham School, the tastes, politics,... |
2005 |
Yes |
| Barbara Ann White |
ECONOMIC EFFICIENCY AND THE PARAMETERS OF FAIRNESS: A MARRIAGE OF MARKETPLACE MORALS AND THE ETHIC OF CARE |
15 Cornell Journal of Law & Public Policy 1 (Fall 2005) |
Thus far [Law and Economics and Critical Legal Theories] have been either hostile or oblivious toward one another . . . The promise of a new, comprehensive approach to legal scholarship . . . lies in the possibility that these two movements could develop a unified scholarly discourse. INTRODUCTION. 2 I. HARMFUL BUSINESS CONDUCT. 7 A. Mainstream... |
2005 |
Yes |