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Constitutional Law

Selected Works

2012

Critical race theory

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Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo Dec 2011

Book Review: The New Jim Crow: Mass Incarceration In The Age Of Colorblindness, Nick J. Sciullo

Nick J. Sciullo

Many in the legal academy have heard of Michelle Alexander’s new book, The New Jim Crow: Mass Incarceration in an Age of Colorblindness. It has been making waves. One need only attend any number of legal conferences in the past year or so, or read through the footnotes in recent law review articles. Furthermore, this book has been reviewed in journals from a number of academic fields, suggesting Alexander has provided a text with profound insights across the university and public spheres. While I will briefly talk about the book as a book, I will spend the majority of this …


Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo Dec 2011

Social Justice In Turbulent Times: Critical Race Theory And Occupy Wall Street, Nick J. Sciullo

Nick J. Sciullo

In this brief article, I tackle several issues that are critically important to progressive move(ment)s in the law and in society as a whole. I am convinced that the progressive community can make great strides in enriching the law and people’s experience with it through continued articulation and combined sense of theory and practice. We need to move beyond litigation and engage our critical consciousness to embrace activism on all fronts. This is why I locate a positive politics of struggle in the Occupy Movements that I believe progressives ought to embrace . We must simultaneously come to grips with …


Do The Right Thing: Understanding The Interest-Convergence Thesis, Stephen M. Feldman Dec 2011

Do The Right Thing: Understanding The Interest-Convergence Thesis, Stephen M. Feldman

Stephen M. Feldman

Professor Derrick Bell was one of the most influential constitutional scholars of the last fifty years. His insights spurred civil rights scholars as well as thinkers in other fields. One of his most important legacies is the interest-convergence thesis, which asserts that, historically, African Americans gained social justice primarily when their interests converged with the interests of the white majority. In a recently published article, Rethinking the Interest-Convergence Thesis, Professor Justin Driver calls this legacy into question. This Essay defends the interest-convergence thesis from Driver’s attack. It argues that the analytical flaws he identifies only exist by dint of his …