Critical Race Theory

Introduction to the Book; Suggested Readings PART I CRITIQUE OF LIBERALISM Introduction; Derrick A. Bell, Jr. / After We're Gone: Prudent Speculations on America in a Post-Racial Epoch; Michael A. Olivas / The Chronicles, My Grandfather's Stories, and Immigration Law: The Slave Traders Chronicle as Racial History; Devon W. Carbado and Cheryl I. Harris / The New Racial Preferences; Mari J. Matsuda / When the First Quail Calls: Multiple Consciousness as Jurisprudential Method; Neil Gotanda / A Critique of "Our Constitution Is Color-Blind"; Richard Delgado / Liberal McCarthyism and the Origins of Critical Race Theory; Charles R. Lawrence III / Forbidden Conversations: On Race, Privacy, and Community; From the Editors Issues and Comments; Suggested Readings PART II STORYTELLING, COUNTERSTORYTELLING, AND "NAMING ONE'S OWN REALITY" Introduction Derrick A. Bell, Jr. / Property Rights in Whiteness: Their Legal Legacy, Their Economic Costs; Richard Delgado / Storytelling for Oppositionists and Others: A Plea for Narrative; Thomas Ross / The Richmond Narratives; Gerald Torres and Kathryn Milun / Translating Yonnondio by Precedent and Evidence: The Mashpee Indian Case; Patricia J. Williams / Alchemical Notes: Reconstructing Ideals from Deconstructed Rights; andre douglas pond Cummings / A Furious Kinship: Critical Race Theory and the Hip Hop Nation; From the Editors Issues and Comments; Suggested Readings PART III REVISIONIST INTERPRETATIONS OF HISTORY AND CIVIL RIGHTS PROGRESS Introduction; Robert A. Williams, Jr. / Documents of Barbarism: The Contemporary Legacy of European Racism and Colonialism in the Narrative Traditions of Federal Indian Law; Mary L. Dudziak / Desegregation as a Cold War Imperative; Richard Delgado / Liberal McCarthyism: How Four Radical Professors Lost Their Jobs and How Their Displacement Contributed to the Dissemination of Critical Thought; Ariela J. Gross / The "Caucasian Cloak": Mexican Americans and the Politics of Whiteness in the Twentieth-Century Southwest; James W. Gordon / Did the First Justice Harlan Have a Black Brother?; From the Editors Issues and Comments; Suggested Readings PART IV CRITICAL UNDERSTANDING OF THE SOCIAL SCIENCE UNDERPINNINGS OF RACE AND RACISM Introduction; Richard Delgado / Words That Wound: A Tort Action for Racial Insults, Epithets, and Name-Calling; Peggy C. Davis / Law as Microagression; Gregory S. Parks and Jeffrey J. Rachlinski / Implicit Bias, Election '08, and the Myth of a Post-Racial America; Jerry Kang / Trojan Horses of Race; Devon W. Carbado and Mitu Gulati / Working Identity; Ian F. Haney Lopez / The Social Construction of Race; Angela Onwuachi-Willig, Emily Houh, and Mary Campbell Cracking the Egg: Which Came First - Stigma or Affirmative Action?; From the Editors Issues and Comments; Suggested Readings PART V CRIME Introduction; Jody D. Armour / Race Ipsa Loquitur: Of Reasonable Racists, Intelligent Bayesians, and Involuntary Negrophobes; Michelle Alexander / The New Jim Crow; Paul Butler / Racially Based Jury Nullification: Black Power in the Criminal Justice System; Cynthia Kwei Yung Lee / Race and Self-Defense: Toward a Normative Conception of Reasonableness; From the Editors Issues and Comments; Suggested Readings PART VI STRUCTURAL DETERMINISM Introduction; Derrick A. Bell, Jr. / Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation; Charles R. Lawrence III / The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism; Richard Delgado and Jean Stefancic / Images of the Outsider in American Law and Culture: Can Free Expression Remedy Systemic Social Ills?; Juan F. Perea / Race and the U.S.-Mexican Border: Tracing the Trajectories of Conquest; From the Editors Issues and Comments; Suggested Readings PART VII RACE, SEX, CLASS, AND THEIR INTERSECTIONS Introduction; Angela P. Harris / Race and Essentialism in Feminist Legal Theory; Paulette M. Caldwell / A Hair Piece: Perspectives on the Intersection of Race and Gender; Catharine A. MacKinnon / From Practice to Theory, or What is a White Woman Anyway?; Leticia M. Saucedo / The Employer Preference for the Subservient Worker and the Making of the Brown Collar Workplace; From the Editors Issues and Comments; Suggested Readings PART VIII ESSENTIALISM AND ANTI-ESSENTIALISM Introduction; Regina Austin / "The Black Community," Its Lawbreakers, and a Politics of Identification; Lisa C. Ikemoto / Traces of the Master Narrative in the Story of African American/Korean American Conflict: How We Constructed "Los Angeles"; Trina Grillo and Stephanie M. Wildman / Obscuring the Importance of Race: The Implication of Making Connections between Racism and Sexism (or Other -Isms); Angela Onwuachi-Willig and Jacob Willig-Onwuachi / A House Divided: The Invisibility of the Multiracial Family; From the Editors Issues and Comments; Suggested Readings PART IX GAY-LESBIAN QUEER ISSUES Introduction; Elvia R. Arriola / Gendered Inequality; Darren Lenard Hutchinson / Sexual Politics and Social Change; Russell K. Robinson / Racing the Closet; From the Editors Issues and Comments; Suggested Readings PART X BEYOND THE BLACK-WHITE BINARY Introduction Juan F. Perea / The Black/White Binary Paradigm of Race; Robert S. Chang / Toward an Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, and Narrative Space; Ian F. Haney Lopez / Race and Erasure: The Salience of Race to Latinos/as; George A. Martinez / Mexican Americans and Whiteness; Muneer I. Ahmad / A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion; Roy L. Brooks and Kirsten Widner / In Defense of the Black/White Binary: Reclaiming a Tradition of Civil Rights Scholarship; Kenneth Prewitt / Racial Classification in America: Where Do We Go from Here?; From the Editors Issues and Comments; Suggested Readings PART XI CULTURAL NATIONALISM AND SEPARATION Introduction Richard Delgado Rodrigo's Chronicle; Paul Butler Much Respect: Toward a Hip-Hop Theory of Punishment; Ian F. Haney Lopez Protest, Repression, and Race: Legal Violence and the Chicano Movement; Kevin Brown and Jeannine Bell Demise of the Talented Tenth: The Increasing Underrepresentation of Ascendant Blacks at Selective Higher Education Institutions; Kenneth B. Nunn Law as a Eurocentric Enterprise; From the Editors Issues and Comments Suggested Readings PART XII INTERGROUP RELATIONS Introduction Leslie Espinoza and Angela P. Harris Embracing the Tar-Baby: LatCrit Theory and the Sticky Mess of Race; Our Next Race Question; Tanya K. Hernandez Afro-Mexicans and the Chicano Movement: The Unknown Story; Manning Marable Beyond Racial Identity Politics: Towards a Liberation Theory for Multicultural Democracy; Eric K. Yamamoto Rethinking Alliances: Agency, Responsibility, and Interracial Justice; From the Editors Issues and Comments; Suggested Readings PART XIII LEGAL INSTITUTIONS, CRITICAL PEDAGOGY, AND MINORITIES IN THE LAW Introduction Derrick A., Bell, Jr. The Civil Rights Chronicles: The Chronicle of the DeVine Gift; Delgado, Richard The Imperial Scholar: Reflections on a Review of Civil Rights Literature; Mari J. Matsuda Who Is Excellent?; Angela Onwuachi-Willig Complimentary and Complementary Discrimination in Faculty Hiring; From the Editors Issues and Comments Suggested Readings PART XIV CRITICAL RACE FEMINISM Introduction Monica J. Evans Stealing Away: Black Women, Outlaw Culture and the Rhetoric of Rights; Margaret E. Montoya Mascaras, Trenzas, y Grenas: Un/masking the Self While Un/braiding Latina Stories and Legal Discourse; Sumi K. Cho Converging Stereotypes in Racialized Sexual Harassment: Where the Model Minority Meets Suzie Wong; Elvia Rosales Arriola Of Woman Born: Courage & Strength to Survive in the Maquiladoras of Reynosa and Rio Bravo, Tamaulipas; From the Editors Issues and Comments; Suggested Readings PART XV CRITICISM AND SELF ANALYSIS Introduction Randall L. Kennedy Racial Critiques of Legal Academia; Alan D. Freeman Derrick Bell - Race and Class: The Dilemma of Liberal Reform; Daniel A. Farber and Suzanna Sherry Telling Stories Out of School: An Essay on Legal Narratives; Richard H. Sander A Systemic Analysis of Affirmative Action in American Law Schools; From the Editors Issues and Comments Suggested Readings PART XVI CRITICAL RACE PRAXIS Introduction Anthony V. Alfieri Fidelity to Community: A Defense of Community Lawyering; Gerald P. Lopez The Work We Know So Little About; Julie A. Su Making the Invisible Visible: The Garment Industry's Dirty Laundry; Robert A. Williams, Jr. Vampires Anonymous and Critical Race Practice; From the Editors Issues and Comments Suggested Readings PART XVII CRITICAL WHITE STUDIES Introduction Ian F. Haney Lopez White by Law; Thomas Ross Innocence and Affirmative Action; Stephanie M. Wildman and Adrienne D. Davis Language and Silence: Making Systems of Privilege Visible; Ian F. Haney Lopez White Latinos; Richard Delgado Rodrigo's Portent: California and the Coming Neocolonial Order; From the Editors Issues and Comments; Suggested Readings