AuthorTitleCitationSummaryYearKeywords in Title or Summary
Martha R. Mahoney Whiteness and Remedy: Under-ruling Civil Rights Inwalker V. City of Mesquite 85 Cornell Law Review 1309 (July, 2000) Teenagers quote rules on how fictional characters survive horror movies: Never have sex. (Virgins always live.) . . . Never say, I'll be right back. Another rule predicts the fate of black characters in action films: The brother always dies first. Unsurprisingly, these movie rules reflect racist and sexist attitudes in American culture.... 2000 Yes
By john a. powell Whites Will Be Whites: the Failure to Interrogate Racial Privilege 34 University of San Francisco Law Review 419 (Spring 2000) THE PROJECT OF naming and seeing the Whiteness of Whiteness and t hen decentering Whiteness from its position as the universal norm is an important and significant project. One of the most eloquent voices in this project is Professor Stephanie Wildman's. In her work on privilege, Professor Wildman interrogates and exposes what is often viewed as an... 2000 Yes
Marion Crain ; & Ken Matheny Labor's Divided Ranks: Privilege and the United Front Ideology 84 Cornell Law Review 1542 (September, 1999) The American workforce, once a relatively homogenous group by race, ethnicity, and gender, has grown increasingly diverse. As the workforce has diversified, workplace disputes, once framed in terms of class conflict and considered the province of labor unions, have been eclipsed by identity-based claims raising issues relating to race, ethnicity,... 1999 Yes
Jerome McCristal Culp, Jr. To the Bone: Race and White Privilege 83 Minnesota Law Review 1637 (June, 1999) Toni Morrison once explained how deeply meaning can be buried in a text. She was asked where in the text of her novel, Beloved, Sethe killed the baby. She answered the questioner by replying confidently that it had happened in a particular chapter, but when she went to look for it there she--the author-- could not find it. Meanings can be difficult... 1999 Yes
Deana A. Pollard Unconscious Bias and Self-critical Analysis: the Case for a Qualified Evidentiary Equal Employment Opportunity Privilege 74 Washington Law Review 913 (October, 1999) Abstract: Recent breakthroughs in social psychology have resulted in the ability to measure unconscious bias scientifically. Studies indicate that prejudiced responses are largely unconscious, the result of normal cognitive processing and stereotypical associations of which the prejudiced subject may be completely unaware. The studies also indicate... 1999 Yes
Erin E. Byrnes Unmasking White Privilege to Expose the Fallacy of White Innocence: Using a Theory of Moral Correlativity to Make the Case for Affirmative Action Programs in Education 41 Arizona Law Review 535 (Summer, 1999) Education...beyond all other devices of human origin, is the great equalizer of the conditions of men--the balance-wheel of the social machinery.... It gives each man the independence and the means...by which he can resist the selfishness of other men. It does more...than to disarm the poor of their hostility towards the rich; it prevents being... 1999 Yes
Laughlin McDonald Whatever Happened to the Voting Rights Act? Or, Restoring the White Privilege 7 Journal of Southern Legal History 207 (1999) The Voting Rights Act of 1965, widely acknowledged as one of the most important civil rights statutes in American history, has thus far done what the first Reconstruction failed to do. It broke the stranglehold of white-only politics in the South and provided blacks a realistic opportunity to register to vote and elect candidates of their choice to... 1999 Yes
Sylvia A. Law White Privilege and Affirmative Action 32 Akron Law Review 603 (1999) As we approach the new century, the Nation is at a critical juncture with respect to race relations and the law. For the past two decades affirmative action has been the central mechanism through which we have promoted racial integration, and, at the same time, a central issue of controversy. Since 1996, many authoritative voices challenge the... 1999 Yes
Ariela J. Gross Litigating Whiteness: Trials of Racial Determination in the Nineteenth-century South 108 Yale Law Journal 109 (October, 1998) I. Introduction. 111 II. The Shifting Essences of Race in the Nineteenth-Century South. 123 A. Racial Knowledge. 124 B. Evidence and Essences. 132 1. Abby Guy. 133 2. Race as Physical Marker. 137 3. Race as Documented Ancestry. 141 4. Race as Ascriptive Identity: Reputation, Associations, and Reception in Society. 147 5. The Rise of Race as Science... 1998 Yes
Sumi Cho Redeeming Whiteness in the Shadow of Internment: Earl Warren, Brown, and a Theory of Racial Redemption 19 Boston College Third World Law Journal 73 (Fall, 1998) Earl Warren is a civil rights/civil liberties icon. During his reign as Chief Justice of the U.S. Supreme Court from 1953-69, the Court set standards of liberal judicial activism on race issues by which future Courts would be judged. Chief Justice Warren presided over momentous decisions that outlawed segregation in public education and public... 1998 Yes
Sumi Cho Redeeming Whiteness in the Shadow of Internment: Earl Warren, Brown, and a Theory of Racial Redemption 40 Boston College Law Review 73 (December, 1998) Earl Warren is a civil rights/civil liberties icon. During his reign as Chief Justice of the U.S. Supreme Court from 1953-69, the Court set standards of liberal judicial activism on race issues by which future Courts would be judged. Chief Justice Warren presided over momentous decisions that outlawed segregation in public education and public... 1998 Yes
Judith Greenberg , Robert Ward Book Review: Review of Privilege Revealed, by Stephanie M. Wildman with Contributions by Margalynne Armstrong, Adrienne D. Davis and Trina Grillo 45 Cleveland State Law Review 251 (1997) At the turn of the century, legal segregation was the rule of law in America. Because of the color of their skin, African Americans were legally precluded from sharing in the American dream. The campaign to outlaw segregation began in the 1940's under the direction of visionaries like Charles Hamilton Houston. In 1954, the Supreme Court in Brown v.... 1997 Yes
Stephanie M. Wildman Democratic Community and Privilege: the Mandate for Inclusive Education 81 Minnesota Law Review 1429 (June, 1997) When Trina Grillo died all words seemed empty. Words in large part formed the bond between us, because we wrote together, we planned classes together, and we pursued institutional change together. This work with words was interwoven with the daily, lived parts of our lives, also conveyed by words. Our language took many forms, transmitted by voice,... 1997 Yes
Lisa Chiyemi Ikemoto Some Tips on How to Endanger the White Male Privilege in Law Teaching 19 Western New England Law Review 79 (1997) I am a Sansei woman, a third generation Japanese American woman. I was taught not to consider my identity as relevant to legal analysis. And yet my Asianness, my femaleness, and sometimes my lack of apparent (hetero)sexual orientation are relevant to those who judge my abilities to teach law or to do legal scholarship. Jerome Culp has written about... 1997 Yes
Barbara J. Flagg Changing the Rules: Some Preliminary Thoughts on Doctrinal Reform, Indeterminacy, and Whiteness 11 Berkeley Women's Law Journal 250 (1996) In each of the past three years I have published a law review article proposing a fundamental change in some aspect of race discrimination doctrine. These articles are congruent with some aspects of Critical Race Theory, in that they describe existing doctrine as deeply (though perhaps unconsciously) racist, they adopt radical racial redistribution... 1996 Yes
Marta Rose Civil Rights--race Obliviousness and the Invisibility of Whiteness: the Court's Construction of Race--miller V. Johnson, 115 S. Ct. 2475 (1995) 69 Temple Law Review 1549 (Winter 1996) Congress passed the Voting Rights Act of 1965 in response to the long history of racial discrimination in voting rights in the United States. Section five of the Act requires certain states with a history of voting discrimination to obtain pre-clearance for any changes in voting practices from the United States Attorney General or from a... 1996 Yes
Frank H. Wu From Black to White and Back Again 3 Asian Law Journal 185 (May, 1996) Ian Fidencio Haney Lopez has written a great book. White By Law: The Legal Construction of Race deserves the highest praise that his colleagues in the academy can give a scholarly study: sympathetic readers and reviewers may be prompted to say, I wish I'd written that. Haney Lopez's book is perhaps one of the finest works yet produced by the... 1996 Yes
Ariela J. Gross Like Master, like Man: Constructing Whiteness in the Commercial Law of Slavery, 1800-1861 18 Cardozo Law Review 263 (November, 1996) In 1836, Leonard Wideman bought a slave named Charles from Jonathan Johnson, paying in part with a $100 note. Not long after, Johnson sued Wideman in the Circuit Court of Abbeville, South Carolina for failing to pay his note. In defense, Wideman argued that he should not have to pay Charles's price because Johnson had fraudulently represented... 1996 Yes
Barbara J. Flagg Changing the Rules: Some Preliminary Thoughts on Doctrinal Reform, Indeterminacy, and Whiteness 2 African-American Law and Policy Report 250 (Fall, 1995) In each of the past three years I have published a law review article proposing a fundamental change in some aspect of race discrimination doctrine. These articles are congruent with some aspects of Critical Race Theory, in that they describe existing doctrine as deeply (though perhaps unconsciously) racist, they adopt radical racial redistribution... 1995 Yes
Stephanie M. Wildman , Adrienne D. Davis Language and Silence: Making Systems of Privilege Visible 35 Santa Clara Law Review 881 (1995) A colleague of mine once had a dream in which I appeared. My colleague, who is African-American, was struggling in this dream to be himself in the presence of a monolithic white maleness that wanted to oppress my friend and deny his intellect, his humanity, and his belonging in our community. In his dream, I, a white woman, attempted to speak on... 1995 Yes
Stephanie M. Wildman Privilege and Liberalism in Legal Education: Teaching and Learning in a Diverse Environment 10 Berkeley Women's Law Journal 88 (1995) The Berkeley Women's Law Journal has been a leader in the struggle taking place in the academy to make gender, race, and sexual orientation a part of the law school curriculum. This movement has been fueled primarily by students and a number of law professors, many of whom are members of the Society of American Law Teachers. These members of the... 1995  
Stephanie M. Wildman Privilege in the Workplace: the Missing Element in Antidiscrimination Law 4 Texas Journal of Women and the Law 171 (Summer, 1995) The workplace presents an example of how supposed neutrality in language, the very words we use to describe work and the location in which it occurs, masks systems of privilege. The invisibility of the operation of privilege in the workplace perpetuates the systemic nature of disadvantage. With Title VII of the 1964 Civil Rights Act, federal law... 1995  
Martha R. Mahoney Segregation, Whiteness, and Transformation 143 University of Pennsylvania Law Review 1659 (May, 1995) Residential segregation is both cause and product in the processes that shape the construction of race in America. The concept of race has no natural truth, no core content or meaning other than those meanings created in a social system of white privilege and racist domination. Recent work in critical race theory helps understand residential... 1995 Yes
Kathleen Neal Cleaver The Antidemocratic Power of Whiteness 70 Chicago-Kent Law Review 1375 (1995) Like the formally neutral concept of civil rights, race usually makes one think of blacks. To link the idea of race with the social construct of whiteness is uncommon. As a rule, white Americans no longer see race in relation to their own identity, and genuinely believe that racism poses a problem for others. Nobel prize winning author Toni... 1995 Yes
Peter Halewood White Men Can't Jump: Critical Epistemologies, Embodiment, and the Praxis of Legal Scholarship 7 Yale Journal of Law & Feminism Feminism 1 (1995) Dehumanization . . . marks not only those whose humanity has been stolen, but also . . . those who have stolen it . . . . The oppressors, who oppress, exploit, and rape by virtue of their power, cannot find in this power the strength to liberate either the oppressed or themselves. Only power that springs from the weakness of the oppressed will be... 1995 Yes
Twila L. Perry Alimony: Race, Privilege, and Dependency in the Search for Theory 82 Georgetown Law Journal 2481 (September, 1994) The development of a theory of alimony is an issue that has received considerable attention from both family law and feminist scholars in the past several years. Scholars who address this issue are seeking to answer what has proven to be a most vexing question: What is the theoretical basis for imposing a legal duty on one person to support another... 1994 Yes
Amy H. Kastely Out of the Whiteness: on Raced Codes and White Race Consciousness in Some Tort, Criminal, and Contract Law 63 University of Cincinnati Law Review 269 (Fall 1994) Some will tell you light is goodness And black is grief and sin But white is terror, sickness, burning And dark's the color of my skin Shawna What I propose here is to examine the impact of notions of racial hierarchy, racial exclusion, and racial vulnerability and availability on nonblacks who held, resisted, explored, or altered those notions . .... 1994 Yes
Margalynne Armstrong Protecting Privilege: Race, Residence and Rodney King 12 Law & Inequality: A Journal of Theory and Practice 351 (June, 1994) The 1992 acquittal of the Los Angeles police officers who beat Rodney King, and the resulting devastation of an already ravaged community, is a parable that contains many different lessons about race in America. Although the verdict's most graphic illustrations are about the manner in which our criminal justice system abuses African Americans, the... 1994 Yes
Martha R. Mahoney Whiteness and Women, in Practice and Theory: A Response to Catharine Mackinnon 5 Yale Journal of Law & Feminism 217 (Spring, 1993) As a white woman, I want to respond to Catharine MacKinnon's recent essay subtitled What is a White Woman Anyway? I am troubled both by the essay's defensive tone and by its substantive arguments. MacKinnon's contribution to feminism has emphasized the ways in which gender is constructed through male domination and sexual exploitation, and the... 1993 Yes
Cheryl I. Harris Whiteness as Property 106 Harvard Law Review 1709 (June, 1993) Issues regarding race and racial identity as well as questions pertaining to property rights and ownership have been prominent in much public discourse in the United States. In this article, Professor Harris contributes to this discussion by positing that racial identity and property are deeply interrelated concepts. Professor Harris examines how... 1993 Yes
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