AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Darren Lenard Hutchinson, John Lewis Chair in Civil Rights and Social Justice, Emory University School of Law CONTINUOUS ACTION TOWARD JUSTICE 37 Journal of Law and Religion 63 (January, 2022) (Received 19 January 2022; accepted 19 January 2022) Conservative activists and politicians have condemned critical race theory and have supported measures to prohibit teaching the subject in public schools. The anti-critical race theory movement is part of broader social movement activity inspired by the 2020 presidential election. Many... 2022 Yes
Bryonn Bain CRITICAL JUSTICE: TRANSFORMING MASS INCARCERATION, MENTAL HEALTH, AND TRAUMA 6 Howard Human & Civil Rights Law Review 159 (2021-2022) Remixing lessons on critical race, gender, and class studies, learned from legendary legal scholar Lani Guinier, prison scholar and activist Bryonn Bain shares the perspectives of credible messengers, visionary advocates, and rebel voices. Bain engages a dynamic collective of movement leaders including Melina Abdullah, Shaka Senghor, Topeka Sam,... 2022 Yes
Anthony Paul Farley CRITICAL RACE THEORY & THE GOSPELS 66 Saint Louis University Law Journal 721 (Summer, 2022) Commodities can speak. They pray constantly for release. The slave is the commodity that speaks. This Essay is the slave's prayer for release, for resurrection. The slave is imprisoned, entombed, in the commodity form, a form in which it appears as a thing that is exchangeable for other things, not an end-in-itself. Yesterday is not gone.... 2022 Yes
Leticia M. Saucedo CRITICAL RACE THEORY AND THE LOW-WAGE WORKPLACE: THE STORY OF JANITORIAL SERVICES IN CALIFORNIA 66 Saint Louis University Law Journal 739 (Summer, 2022) Critical race and racial capitalism theories posit that systems and structures in the workplace reinforce each other to create oppressive conditions for groups of workers based on race, national origin, and/or sex. Some of these structures are reproduced from other areas of work and have roots in exploitative labor conditions. Civil rights lawyers... 2022 Yes
Hannah Daigle CRITICAL RACE THEORY THROUGH THE LENS OF GARCETTI v. CEBALLOS 20 First Amendment Law Review 230 (2022) The First Amendment states no law shall be made abridging the freedom of speech. The Supreme Court has repeatedly protected contentious forms of speech and expression including allowing flag burning, brandishing offensive signs during the picketing of a funeral for a deceased veteran, and the burning of a cross on an African American family's... 2022 Yes
Jennifer Harrison Macon CRITICAL RACE THEORY: ANOTHER CASUALTY IN THE ATTACK ON FACTS 69 UCLA Law Review Discourse 56 (2022) The attack on Critical Race Theory is the latest attempt to undermine the interracial coalition that has been building over the last twenty years. In the wake of the murder of George Floyd in May of 2020, a global movement for Black lives ensued, which in turn motivated a calculated resistance that mobilized around education. Not unlike the... 2022 Yes
The HLS Conference Organizers CRITICAL RACE THEORY: INSIDE AND BEYOND THE IVORY TOWER 69 UCLA Law Review Discourse 118 (2022) The history of Critical Race Theory (CRT) is inextricably intertwined with the history of student activism on law school campuses. This activism was sparked in resistance to the dominant legal education system and with the goal of cultivating alternative spaces where law students could learn how to tackle and dismantle the seemingly permanent... 2022 Yes
Patrick Dankwa John CRITICAL RACE THEORY: THE RIGHT ANSWER TO THE WRONG QUESTION 36-FEB CBA Record 28 (January/February, 2022) Critical Race Theory (CRT) is one of the most controversial issues facing our public education system today. CRT proponents claim that America is fundamentally racist and that racism is built into our institutions. Several states have recently passed laws to prevent public schools from teaching things that CRT opponents consider to be part of the... 2022 Yes
Anthony Rychkov CRITICAL TAX THEORY: COMBATTING RACIAL AND INCOME INEQUALITY IN AMERICA 21 Seattle Journal for Social Justice 87 (Fall, 2022) Critical race theory holds that racism is not merely the product of individual bias and prejudices but also something embedded in legal systems and policies. This article will particularly discuss critical race theory and its effects on U.S. tax policies, something I would like to call critical tax theory. As Benjamin Franklin famously noted,... 2022 Yes
Camille A. Nelson DEANING CRITICALLY: LEADERSHIP FUNDAMENTALS 53 University of Toledo Law Review 269 (Spring, 2022) The recent attacks on Critical Race Theory have led me to (re)consider how such fundamental inquiries and legal analysis by scholars could be so deeply threatening to the establishment, let alone the administration of a country thought to be the preeminent example of democracy the world over. After all, at base, Critical Race Theory (hereinafter... 2022 Yes
Karla McKanders DECONSTRUCTING RACE IN IMMIGRATION LAW'S ORIGIN STORIES 37 Maryland Journal of International Law 18 (2022) This symposium, Race, Sovereignty, and Immigrant Justice, explores the racialized history of immigration laws and their enforcement with the goal of rethinking possibilities for immigrant justice, sovereignty, and human rights. This Essay uses Critical Race Theory to explore how the plenary powers doctrine promotes immigration exceptionalism which... 2022 Yes
Thalia González DISCIPLINE OUTSIDE THE SCHOOLHOUSE DOORS: ANTI-BLACK RACISM AND THE EXCLUSION OF BLACK CAREGIVERS 70 UCLA Law Review Discourse 40 (2022) This Essay calls upon the civil rights and education justice communities to expand their vision of school discipline law and policy reform to include the often ignored, yet deeply impacted lives of parents, caregivers, and families. Deploying what critical race theorists define as storytelling or counternarratives, we share Nyla's story to bring... 2022 Yes
Kevin R. Johnson DRED SCOTT AND ASIAN AMERICANS: WAS CHIEF JUSTICE TANEY THE FIRST CRITICAL RACE THEORIST? 24 University of Pennsylvania Journal of Constitutional Law 751 (June, 2022) This commentary considers Professor Jack Chin's analysis in Dred Scott and Asian Americans of the white supremacist underpinnings and modern legacy of U.S. Supreme Court Chief Justice Roger Taney's decisions in United States v. Dow, a little-known decision denying full citizenship rights to Asian Americans, and Dred Scott v. Sandford, an iconic... 2022 Yes
Lisa Vanhala ENVIRONMENTAL LEGAL MOBILIZATION 18 Annual Review of Law and Social Science 101 (2022) legal mobilization, environment, climate change, litigation, nongovernmental organizations, NGOs The mobilization of law to address the degradation of the environment implicates a wide range of institutions, actors, and materials. This article maps developments in the study of environmental legal mobilization. It examines the different theoretical... 2022 Yes
Joshua Gutzmann FIGHTING ORTHODOXY: CHALLENGING CRITICAL RACE THEORY BANS AND SUPPORTING CRITICAL THINKING IN SCHOOLS 106 Minnesota Law Review Headnotes 333 (Spring, 2022) National unity as an end which officials may foster by persuasion and example is not in question .. Struggles to coerce uniformity of sentiment in support of some end thought essential to their time and country have been waged by many good as well as by evil men .. Those who begin coercive elimination of dissent soon find themselves exterminating... 2022 Yes
Max Londberg HIRING CRITERIA AND TITLE VII: HOW ONE MANIFESTATION OF EMPLOYER BIAS EVADES JUDICIAL SCRUTINY 91 University of Cincinnati Law Review 516 (2022) Writing in 1988, feminist and critical race scholar Kimberlé Williams Crenshaw described the Civil Rights Act of 1964 (commonly known as Title VII) as contributing to the removal of most formal barriers and symbolic manifestations of subordination. But the Act and other reforms ultimately fell short, for a challenge to the legitimacy of... 2022 Yes
Carliss Chatman HONORING LUTIE A. LYTLE AND JOHN MERCER LANGSTON WITH OUR WORDS 78 Washington and Lee Law Review 1719 (2022) The recent attacks on critical race theory make one fact very clear: the lack of Black voices in public discourse creates distortion and exploitation. This inaugural Black Scholars Book, the first of its kind published annually, is not about defining or justifying critical race theory--as some scholars in this book would not deem themselves to be... 2022 Yes
David Simson HOPE DIES LAST: THE PROGRESSIVE POTENTIAL AND REGRESSIVE REALITY OF THE ANTIBALKANIZATION APPROACH TO RACIAL EQUALITY 30 William & Mary Bill of Rights Journal 613 (March, 2022) This Article relies on Critical Race Theory concepts and social science research to make an important and timely contribution to a debate in law and public policy that is both long-standing and of immense current importance: What is the relationship between social cohesion on the one hand, and racial equality progress on the other? Events over the... 2022 Yes
Khiara M. Bridges LANGUAGE ON THE MOVE: "CANCEL CULTURE," "CRITICAL RACE THEORY," AND THE DIGITAL PUBLIC SPHERE 131 Yale Law Journal Forum 767 (26-Jan-22) abstract. Scores of people have been talking about cancel culture and Critical Race Theory recently. However, what people mean when they use the terms varies wildly. This Essay examines the recent drift around the meaning of these terms, analyzing the role that the digital public sphere has played in generating these examples of language on the... 2022 Yes
David L. Hudson Jr. LEGISLATORS TAKE AIM AT CRITICAL RACE THEORY 108-MAR ABA Journal 20 (February/March, 2022) More than 30 years ago, law professor Richard Delgado began writing law review articles emphasizing the pervasive and pernicious role of race in law and society. He has become, according to University of California at Davis School of Law Dean Kevin R. Johnson, a sort of LeBron James or Michael Jordan among legal academics. Delgado and other... 2022 Yes
David Simson MOST FAVORED RACIAL HIERARCHY: THE EVER-EVOLVING WAYS OF THE SUPREME COURT'S SUPERORDINATION OF WHITENESS 120 Michigan Law Review 1629 (June, 2022) This Article engages in a critical comparative analysis of the recent history and likely future trajectory of the Supreme Court's constitutional jurisprudence in matters of race and religion to uncover new aspects of the racial project that Reggie Oh has recently called the racial superordination of whiteness--the reinforcing of the superior... 2022 Yes
Joseph D. G. Castro NOT WHITE ENOUGH, NOT BLACK ENOUGH: REIMAGINING AFFIRMATIVE ACTION JURISPRUDENCE IN LAW SCHOOL ADMISSIONS THROUGH A FILIPINO-AMERICAN PARADIGM 49 Pepperdine Law Review 195 (January, 2022) Writing the majority opinion upholding the use of racial preferences in law school admissions in 2003, Justice Sandra Day O'Connor anticipated that racial preferences would no longer be necessary in twenty-five years. On the contrary, 2021 has seen the astronomic rise of critical race theory, the popularity of race-driven diversity initiatives in... 2022 Yes
Denise Ama Ghartey PROTECT BLACK GIRLS 69 UCLA Law Review Discourse 64 (2022) At its core, Critical Race Theory (CRT) provides us with a panoply of necessary tools and a lens through which to analyze the multilayered relationship between Black girls, their education, and the criminal legal system. Florida's history, especially the historical landscape of Central Florida, distinctly highlights the grave importance of CRT when... 2022 Yes
Jonathan P. Feingold RECLAIMING EQUALITY: HOW REGRESSIVE LAWS CAN ADVANCE PROGRESSIVE ENDS 73 South Carolina Law Review 723 (Spring, 2022) Since the fall of 2020, right-wing forces have targeted Critical Race Theory (CRT) through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of Backlash Bills designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally... 2022 Yes
Harvey Gee REDUCING GUN VIOLENCE WITH SHOTSPOTTER GUNSHOT DETECTION TECHNOLOGY AND COMMUNITY-BASED PLANS: WHAT WORKS? 100 Oregon Law Review 461 (2022) Urban violence is better understood as a grievous injury, a gushing wound that demands immediate attention in order to preserve life and limb. [T]he panoptic powers of modern surveillance . imperil our democracy in a way that we've never before seen . It is our responsibility to speak up for ourselves, our civil liberties, and the sort of world... 2022 Yes
Gabriel J. Chin ROBERT COVER AND CRITICAL RACE THEORY 37 Touro Law Review 1837 (2022) Professor Robert Cover is recognized as a leading scholar of law and literature; decades after his untimely passing, his works continue to be widely cited. Because of his interest in narrative, he is credited as a contributor to the development of Critical Race Theory. This essay proposes that in addition to narrative, some of his other,... 2022 Yes
Jorge L. Contreras SCIENCE FICTION AND THE LAW: A NEW WIGMORIAN BIBLIOGRAPHY 13 Harvard Journal of Sports & Entertainment Law 65 (Winter, 2022) In 1908, Northwestern Law School Dean John Henry Wigmore compiled a list of novels that no lawyer could afford to ignore. Wigmore's list, updated and amended by Professor Richard Weisberg in the 1970s, catalogs one hundred literary works ranging from Antigone to Native Son, each of which offers insight into the legal system or the practice of... 2022 Yes
Diane Kemker TEACHING CRITICAL TAX: WHAT, WHY, & HOW 19 Pittsburgh Tax Review 143 (Spring, 2022) Critical tax is an approach to the analysis of tax law and policy that takes race, gender, sexual orientation, disability, citizenship/immigrant status, and other historically marginalized statuses into account, and does so in a way that is centrally focused on the role of tax law in creating and perpetuating persistent economic inequality and... 2022 Yes
Ilhyung Lee THE "DIVISIVE CONCEPTS" LAWS AND AMERICANS OF ASIAN DESCENT 75 SMU Law Review Forum 212 (April, 2022) Sticks and stones May break my bones Oh but your words They really kill me. In the past year, a number of states have enacted laws that prohibit public schools from teaching certain lessons about race. The main target of these laws appears to be critical race theory, once a theory advanced in legal academia that has now become a catchall term... 2022 Yes
Danielle M. Conway THE ASSAULT ON CRITICAL RACE THEORY AS PRETEXT FOR POPULIST BACKLASH ON HIGHER EDUCATION 66 Saint Louis University Law Journal 707 (Summer, 2022) The rightwing is carrying out its most recent effort to install an authoritarian regime in America, which has been boosted by Donald Trump's white supremacist rhetoric and actions before, during, and after his four years holding the Office of the President of the United States. Resolute in the effort to destabilize American Democracy by forcing on... 2022 Yes
Dylan Salzman THE CONSTITUTIONALITY OF ORTHODOXY: FIRST AMENDMENT IMPLICATIONS OF LAWS RESTRICTING CRITICAL RACE THEORY IN PUBLIC SCHOOLS 89 University of Chicago Law Review 1069 (June, 2022) What else can the School Board now decide it does not like? How else will its sensibilities be offended? Are we sending children to school to be educated by the norms of the School Board or are we educating our youth to shed the prejudices of the past, to explore all forms of thought, and to find solutions to our world's problems? --Justice William... 2022 Yes
Angela Onwuachi-Willig THE CRT OF BLACK LIVES MATTER 66 Saint Louis University Law Journal 663 (Summer, 2022) Critical Race Theory (CRT), or at least its principles, stands at the core of most prominent social movements of today--from the resurgence of the #MeToo Movement, which was founded by a Black woman, Tarana Burke, to the Black Lives Matter Movement, which was founded by three Black women: Opal Tometi, Alicia Garza, and Patrisse Cullors. In fact,... 2022 Yes
Anneke Dunbar-Gronke THE MANDATE FOR CRITICAL RACE THEORY IN THIS TIME 69 UCLA Law Review Discourse 4 (2022) A necessary conclusion from Critical Race Theory (CRT) is that Black people cannot look to the law for justice because racism is baked into the law. As a result, the movement for Black liberation cannot rely on the law for just outcomes. This result does not, however, mean that we have to abandon legal interventions altogether. Instead, for those... 2022 Yes
Katherine Ranero THE SOUND OF RACIAL DISPARITY: COPYRIGHT LAW AND THE BLACK MUSICIAN 23 Loyola Journal of Public Interest Law 108 (Spring, 2022) C1-2TABLE OF CONTENTS ABSTRACT. 108 INTRODUCTION. 109 I. American Copyright Law. 111 a. The 1909 Copyright Law. 112 b. The 1976 Copyright Act and the Sound Recording Act. 113 i. Arbitrary Methods of Isolation: Disciplinary or Administrative?. 114 ii. Fixation. 115 iii. Idea-Expression Doctrine. 115 II. Critical Race Theory and IP. 116 III. The... 2022 Yes
Ederlina Co WEATHERING INVISIBLE LABOR 51 Southwestern Law Review 258 (2022) Professor Meera Deo's Unequal Profession: Race and Gender in Legal Academia powerfully demonstrates how the legal academy has adopted many of American society's social hierarchies as they relate to race and gender. Inspired by Unequal Profession and using a Critical Race Feminism framework, this Essay centers on women of color professors and the... 2022 Yes
Natalie Gomez-Velez WHAT U.S. v. VAELLO-MADERO AND THE INSULAR CASES CAN TEACH ABOUT ANTI-CRT CAMPAIGNS 94-APR New York State Bar Journal 20 (March/April, 2022) Critical Race Theory (CRT) has contributed to a meaningful understanding of how U.S. history and law have engendered systemic racism. As Kimberlé Crenshaw explains, Critical race theory explores how racial inequality was historically structured into the fabric of the republic, reinforced by law, insulated by the founding Constitution and embedded... 2022 Yes
Marissa Jackson Sow WHITENESS AS GUILT: ATTACKING CRITICAL RACE THEORY TO REDEEM THE RACIAL CONTRACT 69 UCLA Law Review Discourse 20 (2022) The year of racial justice awakening following George Floyd's 2020 murder have been accompanied by a rise in attacks on Black thought, including Critical Race Theory, led by far-right activists who are invested in maintenance of a white supremacist status quo in the United States. This Essay uses artist Kara Walker's 2014 Sugar Sphinx to... 2022 Yes
Ebony McKeever WHO TURNED OUT THE LIGHTS?: HOW CRITICAL RACE THEORY BANS KEEP PEOPLE IN THE DARK 15 Washington University Jurisprudence Review 111 (2022) Agnotology is the study of ignorance making, the lost and forgotten .. [K]nowledge that could have been but wasn't, or should be but isn't. In other words, in part, agnotology is the study of manufactured ignorance. It is an examination of ignorance, confusion, and deceit intentionally created to fulfill a purpose such as selling a product or... 2022 Yes
Lynn D. Lu WHO'S AFRAID OF BOB JONES? "FUNDAMENTAL NATIONAL PUBLIC POLICY" AND CRITICAL RACE THEORY IN A DELICATE DEMOCRACY 25 CUNY Law Review 93 (Winter, 2022) Introduction. 93 I. Reading Bob Jones. 96 A. The Road to the Supreme Court. 96 B. A Roadmap to Fundamental National Public Policy. 99 II. Bob Jones: Slippery Slope or Dead End?. 103 A. Testing the Limits of FNPP. 103 B. Unanswered Questions. 105 1. Pluralism. 105 2. Remedies for Racial Discrimination. 107 3. Redistributive Economic Justice. 108... 2022 Yes
Susan D. Carle WHY THE U.S. FOUNDERS' CONCEPTIONS OF HUMAN AGENCY MATTER TODAY: THE EXAMPLE OF SENATE MALAPPORTIONMENT 9 Texas A&M Law Review 533 (Spring, 2022) This Article links the U.S. founders' ideas about human agency--i.e., their understandings of the link between the individual and the social and political structure--with how they designed the Constitution and, in particular, how they designed the U.S. Senate as a non-majoritarian institution. I mine primary sources to show that although the... 2022 Yes
Theresa Montaño , Tricia Gallagher-Geurtsen YES, CRITICAL RACE THEORY SHOULD BE TAUGHT IN YOUR SCHOOL: UNDOING RACISM IN K-12 SCHOOLING AND CLASSROOMS THROUGH CRT 69 UCLA Law Review Discourse 84 (2022) Despite panicked calls from the right to keep Critical Race Theory (CRT) out of the K-12 classroom, the authors assert that CRT, one of many theoretical frameworks used in ethnic studies, is needed to address the entrenched status quo of well-documented inequity through racism in schooling. Rather than deny that CRT is being taught in schools, the... 2022 Yes
Janel George A LESSON ON CRITICAL RACE THEORY 46 Human Rights 2 (2021) In September 2020, President Trump issued an executive order excluding from federal contracts any diversity and inclusion training interpreted as containing Divisive Concepts, Race or Sex Stereotyping, and Race or Sex Scapegoating. Among the content considered divisive is Critical Race Theory (CRT). In response, the African American Policy... 2021 Yes
Justin Desautels-Stein A PROLEGOMENON TO THE STUDY OF RACIAL IDEOLOGY IN THE ERA OF INTERNATIONAL HUMAN RIGHTS 67 UCLA Law Review 1536 (April, 2021) There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through... 2021 Yes
Dylan Asafo CONFRONTING THE LIES THAT PROTECT RACIST HATE SPEECH: TOWARDS HONEST HATE SPEECH LAWS IN NEW ZEALAND AND THE UNITED STATES 38 UCLA Pacific Basin Law Journal 1 (Spring, 2021) This Article provides a comparative critique of hate speech jurisprudence in New Zealand and the United States by building on insights from Critical Race Theory (CRT) scholars. My main argument is that neither of these liberal democracies protect the right to freedom of expression/speech as they claim, but in fact dishonestly protect a right to... 2021 Yes
Bobbi K. Dominick CRITICAL RACE THEORY AND WORKPLACE DIVERSITY EFFORTS 64-DEC Advocate 36 (November/December, 2021) Across the country, debates about critical race theory (CRT) are raging in legislatures, school boards and organizations, and in diverse locales. While it may seem like a passing fad, or cultural hot button issue, diversity practitioners and leaders should pay close attention. Now is the time to reexamine the most effective, and defensible,... 2021 Yes
E. Tendayi Achiume , Devon W. Carbado CRITICAL RACE THEORY MEETS THIRD WORLD APPROACHES TO INTERNATIONAL LAW 67 UCLA Law Review 1462 (April, 2021) By and large, Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) exist in separate epistemic universes. This Article argues that the borders between these two fields are unwarranted. Specifically, the Article articulates six parallel ways in which CRT and TWAIL have exposed and challenged the racial dimensions of... 2021 Yes
Linda S. Greene CRITICAL RACE THEORY: ORIGINS, PERMUTATIONS, AND CURRENT QUERIES 2021 Wisconsin Law Review 259 (2021) Critical Race Theory (CRT) emerged from two movements in legal education. One was the Critical Legal Studies movement, which fostered a power critique about American law and emerged at the University of Wisconsin in 1977 and continued through meetings and scholarship until about 1992. The second movement, which came to be known as Critical Race... 2021 Yes
Karla M. McKanders IMMIGRATION AND RACIAL JUSTICE: ENFORCING THE BORDERS OF BLACKNESS 37 Georgia State University Law Review 1139 (Summer, 2021) Black immigrants are invisible at the intersection of their race and immigration status. Until recently, conversations on border security, unlawful immigration, and national security obscured racially motivated laws seeking to halt the blackening and browning of America. This Article engages with the impact of immigration enforcement at the... 2021 Yes
Susan Ayres INSIDE THE MASTER'S GATES: RESOURCES AND TOOLS TO DISMANTLE RACISM AND SEXISM IN HIGHER EDUCATION 21 Journal of Law in Society 20 (Winter, 2021) INTRODUCTION. 21 I. DISMANTLING THE MASTER'S HOUSE: RESOURCES. 28 II. SUBSTANCE OF FIRE AND THE STORYTELLING MOVEMENT. 31 A. The Backstory. 31 B. Overview of Substance of Fire. 33 C. The Case for Storytelling. 35 III. SUBSTANCE OF FIRE: NARRATIVES AND COUNTER-STORYTELLING. 37 A. Lack of Mentors, Microaggressions. 38 B. Performing Gender, Safe... 2021 Yes
Kevin D. Sawyer JAILHOUSE LAWYERING FROM THE BEGINNING 68 UCLA Law Review Discourse 98 (2021) Jailhouse lawyering is a form of resistance against the prison industrial complex that seeks to silence and disappear prisoners. This Essay describes the author's acts of resistance, or growth as a jailhouse lawyer, from arrest to imprisonment using critical race theory and abolition theory. While it tells one person's stories, it is both shaped by... 2021 Yes
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