Author | Title | Citation | Summary | Year | Key Terms in Title or Summary |
John Byrnes |
RACIAL DISCRIMINATION, HOME APPRAISALS, AND THE FAIR HOUSING ACT: REGULATING PRIVATE APPRAISERS TO REDUCE THE RACIAL WEALTH GAP |
20 Rutgers Journal of Law & Public Policy 45 (Spring, 2023) |
This paper highlights the prevalence of racial discrimination in the home appraisal market through critical race theory (CRT) techniques and theory. When a home's value can be reduced by almost twenty-five percent simply because of the perceived race of its owners or of the neighborhood, Black families find themselves at a disadvantage as they try... |
2023 |
Yes |
Cary Martin Shelby |
RACISM AS A THREAT TO FINANCIAL STABILITY |
118 Northwestern University Law Review 755 (2023) |
Abstract--This Article draws from several theoretical frameworks such as critical race theory, law and economics, and rule of law conceptions to argue that the Financial Stability Oversight Council (FSOC) should formally recognize racism as a threat to financial stability due to its interconnectedness with recent and projected systemic disruptions.... |
2023 |
Yes |
Brian Zuluaga |
REFLECTIONS FROM A NEWCOMER AT THE LATCRIT XXI BIENNIAL CONFERENCE: OBSERVATIONS AND OPPORTUNITIES FOR THE FUTURE |
33 Berkeley La Raza Law Journal 21 (2023) |
Introduction. 21 I. Conference Sessions. 22 A. Opening Plenary: The Attack on CRT. 22 B. Law Clinics as Sites of Resistance and Transformation. 23 C. Critical Race Theory and LatCrit Theory: Methodologies, Community, and Movements. 24 II. Opportunities for the Future. 26 A. Conference Attendance & Inviting Prospective Law School Students. 26 B.... |
2023 |
Yes |
Athena D. Mutua |
REFLECTIONS ON CRITICAL RACE THEORY IN A TIME OF BACKLASH |
100 Denver Law Review 553 (Spring, 2023) |
Reviewing my article on critical race theory (CRT), written over fifteen years ago, this Article revisits CRT and its fortunes in this moment of backlash. CRT has become a principal target for erasure in a raging political campaign that seeks to suppress discussions about racial and gender justice. It does so, in part, by using law to compel the... |
2023 |
Yes |
Benjamin M. Gerzik |
REFORGING THE MASTER'S TOOLS: CRITICAL RACE THEORY IN THE FIRST-YEAR CURRICULUM |
76 SMU Law Review Forum 34 (May, 2023) |
This Article examines why and how critical race theory (CRT) should be taught as a mandatory component of the first-year law school curriculum. Learning the fundamentals of critical race theory is not only important to empathetically understand and serve those around you, but necessary to understand the law as it is. The law's past and future... |
2023 |
Yes |
Dylan Saul |
SCHOOL CURRICULA AND SILENCED SPEECH: A CONSTITUTIONAL CHALLENGE TO CRITICAL RACE THEORY BANS |
107 Minnesota Law Review 1311 (February, 2023) |
If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion[. In 2021, conservative politicians and media personalities launched a culture war over teaching critical race theory (CRT)--the idea that U.S.... |
2023 |
Yes |
Seana-Jahan La Coa |
SCHOOL CURRICULUM: THE STIGMATIC HARM TO STUDENTS AND THE RESPONSIBILITY OF CONGRESS TO ACT AGAIN |
17 Florida A & M University Law Review 227 (Spring, 2023) |
C1-2Table of Contents Opening Thoughts. 227 Introduction. 229 I. Detriment of State Decisions in Curriculum. 231 A. The State's Role. 231 B. Constitutional Limitations on the State. 232 i. First Amendment Limitation. 232 ii. Fourteenth Amendment. 233 C. The Troublesome Curriculum. 233 i. The Truth about Critical Race Theory and the 1619 Project.... |
2023 |
Yes |
Sam Erman |
STATUS MANIPULATION IN CHAE CHAN PING v. UNITED STATES |
121 Michigan Law Review 1091 (April, 2023) |
Chae Chan Ping v. United States. By Rose Cuison-Villazor, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 74, 84. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. Rose Cuison-Villazor's... |
2023 |
Yes |
Tess Bissell |
TEACHING IN THE UPSIDE DOWN: WHAT ANTI-CRITICAL RACE THEORY LAWS TELL US ABOUT THE FIRST AMENDMENT |
75 Stanford Law Review 205 (January, 2023) |
Abstract. Since January 2021, forty-two states have introduced anti-critical race theory (anti-CRT) bills that restrict discussions of racism and sexism in public schools. As teachers, administrators, and civil rights organizations scramble to interpret these bills, many wonder: How can this be constitutional? At the heart of this broader... |
2023 |
Yes |
Noah C. Nix |
TEXTBOOK RESISTANCE: TEXAS' BAN ON CRITICAL RACE THEORY FAILS THE EDUCATION STANDARDS MANDATED BY INTERNATIONAL LAW |
51 Georgia Journal of International and Comparative Law 765 (2023) |
C1-2Table of Contents I. Introduction. 767 II. The New Texas Education Code Provisions in the Midst of an American Racial Reawakening and the Consequent Debate Over the Teaching of Critical Race Theory. 770 A. The New Texas Education Code Provision: Texas Education Code 28.0022, Certain Instructional Requirements and Prohibitions, Effective... |
2023 |
Yes |
Leah M. Watson |
THE ANTI-"CRITICAL RACE THEORY" CAMPAIGN - CLASSROOM CENSORSHIP AND RACIAL BACKLASH BY ANOTHER NAME |
58 Harvard Civil Rights-Civil Liberties Law Review 487 (Summer, 2023) |
This Article explores the rise of the anti-critical race theory movement, arguing that it is backlash to progress towards racial justice. Instruction on racism, culturally relevant teaching methods, and critical race theory-- collectively, race conscious instruction--improve students' comprehension, engagement, analytical skills, and social... |
2023 |
Yes |
Sophia Smith |
THE ATTACK ON CRITICAL RACE THEORY IN SCHOOLS: AN ANALYSIS OF OKLAHOMA HOUSE BILL 1775 AND FREE SPEECH IN THE CLASSROOM |
48 Oklahoma City University Law Review 81 (Winter 2023) |
In the American public educational system, [e]ducation is primarily a State and local responsibility with little oversight from the federal government. The last few years have seen state and local leaders turn the public education system into their own political playground, creating more division and confusion for educators, parents, and... |
2023 |
Yes |
LaToya Baldwin Clark |
THE CRITICAL RACIALIZATION OF PARENTS' RIGHTS |
132 Yale Law Journal 2139 (May, 2023) |
In the aftermath of the global protests against White supremacy in the summer of 2020, conservative operatives mobilized to resist race-conscious demands for racial justice. Under the banner of a caricatured account of Critical Race Theory (CRT), between January 2021 and December 2022, government officials at all levels across the country, in red... |
2023 |
Yes |
M. Alexander Pearl |
THE INDIAN CHILD WELFARE ACT IN THE MULTIVERSE |
121 Michigan Law Review 1101 (April, 2023) |
Adoptive Couple v. Baby Girl. By Matthew L.M. Fletcher and Kathryn E. Fort, in Critical Race Judgments: Rewritten U.S. Court Opinions on Race and the Law 452, 471. Edited by Bennett Capers, Devon W. Carbado, R.A. Lenhardt and Angela Onwuachi-Willig. Cambridge: Cambridge University Press. 2022. Pp. xxx, 694. Cloth, $84.75; paper, $39.19. As a kid, I... |
2023 |
Yes |
Naomi Cahn |
THE POLITICAL LANGUAGE OF PARENTAL RIGHTS: ABORTION, GENDER-AFFIRMING CARE, AND CRITICAL RACE THEORY |
53 Seton Hall Law Review 1443 (6/12/2023) |
This Article explores how the rhetoric of parental rights has been deployed to override minors' access to abortion, gender-affirming care, and education about critical race theory and gender identity. The overruling of Roe v. Wade and controversies over gender-affirming care and appropriate material to be taught in schools have highlighted... |
2023 |
Yes |
Etienne C. Toussaint |
THE PURPOSE OF LEGAL EDUCATION |
111 California Law Review 1 (February, 2023) |
When President Donald Trump launched an assault on diversity training, critical race theory, and The 1619 Project in September 2020 as divisive, un-American propaganda, many law students were presumably confused. After all, law school has historically been doctrinally neutral, racially homogenous, and socially hierarchical. In most core law... |
2023 |
Yes |
Vanessa Miller, Frank Fernandez, Neal H. Hutchens |
THE RACE TO BAN RACE: LEGAL AND CRITICAL ARGUMENTS AGAINST STATE LEGISLATION TO BAN CRITICAL RACE THEORY IN HIGHER EDUCATION |
88 Missouri Law Review 61 (Winter, 2023) |
Anti-critical race theory bills have garnered national attention in the K-12 context. However, many critical race theory (CRT) bans also impact institutions of higher education. The bills seek to prohibit the teaching of ideas that include the premise that racism and sexism are pervasive in our society. Those opposing CRT believe its tenets... |
2023 |
Yes |
Rebecca Aviel, Wiley Kersh |
THE WEAPONIZATION OF ATTORNEY'S FEES IN AN AGE OF CONSTITUTIONAL WARFARE |
132 Yale Law Journal 2048 (May, 2023) |
If you want to win battles in the culture war, you enact legislation that regulates firearms, prohibits abortions, restricts discussion of critical race theory, or advances whatever other substantive policy preferences represent a victory for your side. But to win the war decisively with an incapacitating strike, you make it as difficult as... |
2023 |
Yes |
Shiv Narayan Persaud |
TOWARDS AN UNDERSTANDING OF CRITICAL RACE THEORY: DISPELLING FALSE CLAIMS AND MISREPRESENTATIONS |
18 University of Massachusetts Law Review 79 (Winter, 2023) |
The Article discusses critical race theory as a paradigm shift, and further dispels the notion that it promotes a form of Marxism. With the rise of political attitudes toward seeking legislation to denounce CRT, it is incumbent upon those in legal studies to investigate and bring the value of CRT into the forefront. The purpose of this Article is... |
2023 |
Yes |
Muhammad Hamza Habib |
UNDER-TREATMENT OF PAIN IN BLACK PATIENTS: A HISTORICAL OVERVIEW, CASE-BASED ANALYSIS, AND LEGALITIES AS EXPLORED THROUGH THE TENETS OF CRITICAL RACE THEORY |
20 Indiana Health Law Review 63 (2023) |
Pain, also called the fifth vital sign is an important topic in healthcare settings. It requires urgent attention and treatment to minimize agony and discomfort. Unfortunately, multiple clinical studies conducted over the last few decades have repeatedly shown disparately inferior pain management in Black patients in medical settings when... |
2023 |
Yes |
Timon Cline , Neil Shenvi |
WHAT IF CRITICAL RACE THEORY WERE JUST A LEGAL THEORY? A CHRISTIAN CRITIQUE |
17 Liberty University Law Review 555 (Spring, 2023) |
The national debate over Critical Race Theory (CRT) continues to grow and deepen. Some Christians seemingly find CRT legitimate, useful, and non-threatening to Christian theological commitments. This view is incorrect. CRT is in fundamental conflict with Christianity due to its misguided perspectives on law, morality, truth, and justice. Although... |
2023 |
Yes |
Daniel S. Harawa |
WHITEWASHING THE FOURTH AMENDMENT |
111 Georgetown Law Journal 923 (May, 2023) |
A conventional critical race critique of the Supreme Court and its Fourth Amendment jurisprudence is that it erases race. Scholars argue that by erasing race, the Court has crafted doctrine that is oblivious to people of color's lived experiences with policing in America. This Article complicates this critique by asking whether it is solely the... |
2023 |
Yes |
Jessica Dixon Weaver |
A CRITICAL RACE THEORY APPROACH TO CHILDREN'S RIGHTS |
71 American University Law Review 1855 (June, 2022) |
This Article uses critical race theory to analyze the impact of corporal punishment and physical child abuse on African American children's rights in the United States. From an international perspective, the banning of corporal punishment is consistent with multidisciplinary research about the negative effects of physical discipline on children.... |
2022 |
Yes |
Yael Plitmann |
AUTHENTIC COMPLIANCE WITH A SYMBOLIC LEGAL STANDARD? HOW CRITICAL RACE THEORY CAN CHANGE INSTITUTIONALIST STUDIES ON DIVERSITY IN THE WORKPLACE |
47 Law and Social Inquiry 331 (February, 2022) |
Alexandra Kalev, Frank Dobbin, and Erin Kelly. Best Practices or Best Guesses? Assessing the Efficacy of Corporate Affirmative Action and Diversity Policies. American Sociological Review 71 (2006): 589-617. Lauren B. Edelman, Sally Riggs Fuller, and Iona Mara-Drita. Diversity Rhetoric and the Managerialization of Law, American Journal of... |
2022 |
Yes |
Marisa Shearer |
BANNING BOOKS OR BANNING BIPOC? |
117 Northwestern University Law Review Online 24 (5-Jul-22) |
Abstract--Following the murder of George Floyd in May 2020, social justice movements renewed calls for the country to confront the pervasive reality of systemic racism in the United States. In response to these publicized social justice movements, however, calls for book bans relating to critical race theory began rising at an unprecedented rate.... |
2022 |
Yes |
Mary Lindsay Krebs |
CAN'T REALLY TEACH: CRT BANS IMPOSE UPON TEACHERS' FIRST AMENDMENT PEDAGOGICAL RIGHTS |
75 Vanderbilt Law Review 1925 (November, 2022) |
The jurisprudence governing K-12 teachers' speech protection has been a convoluted hodgepodge of caselaw since the 1960s when the Supreme Court established that teachers retain at least some First Amendment protection as public educators. Now, as new so-called Critical Race Theory bans prohibit an array of hot button topics in the classroom, K-12... |
2022 |
Yes |
Brandon Paradise, Associate Professor of Law, Rutgers Law School, and McDonald Distinguished Fellow, Center for the Study of Law and Religion, Emory University |
CONFRONTING THE TRUTH: THE NECESSITY OF LOVE FOR JUSTICE |
37 Journal of Law and Religion 232 (May, 2022) |
This essay examines the interplay between law, Christianity, and oppression in the thought of James Baldwin. This essay begins its inquiry from Baldwin's own essay, Equal in Paris, and expands out to his broader writing. The essay makes four contributions. First, it shows that Equal in Paris presents a view of law and Christianity as simultaneously... |
2022 |
Yes |
S. Priya Morley |
CONNECTING RACE AND EMPIRE: WHAT CRITICAL RACE THEORY OFFERS OUTSIDE THE U.S. LEGAL CONTEXT |
69 UCLA Law Review Discourse 100 (2022) |
The renewed solidarity across movements and borders in recent years underscores the importance of transnational understandings of racial justice. This is particularly true in the current moment, in which global crises such as migration and climate change are laying bare the persistent impacts of structural racism and colonial subordination around... |
2022 |
Yes |
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 |