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Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold
Faculty Scholarship
Since the fall of 2020, right-wing forces have targeted Critical Race Theory ("CR T') 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 bankrupt and legally suspect. These responses are natural and appropriate. But challenging a bill's moral or legal mooring is insufficient to counter a primary purpose of this legislative onslaught: to further erode, within our public discourse and collective consciousness, the ability to distinguish between racism and antiracism. To meet …
Toward A Critical Race Theory Of Evidence, Jasmine Gonzales Rose
Toward A Critical Race Theory Of Evidence, Jasmine Gonzales Rose
Faculty Scholarship
Scholars, judges, and lawyers have long believed that evidence rules apply equally to all persons regardless of race. This Article challenges this assumption and reveals how evidence law structurally disadvantages people of color. A critical race analysis of stand-your-ground defenses, cross-racial eyewitness misidentifications, and minority flight from racially-targeted police profiling and violence uncovers the existence of a dual-race evidentiary system. This system is reminiscent of nineteenth century race-based witness competency rules that barred people of color from testifying against white people. I deconstruct this problem and introduce the original concept of “racialized reality evidence.” This construct demonstrates how evidence of …
Introduction: Challenging Authority: A Symposium Honoring Derrick Bell, Jasmine Gonzales Rose
Introduction: Challenging Authority: A Symposium Honoring Derrick Bell, Jasmine Gonzales Rose
Faculty Scholarship
This is the Introduction to the University of Pittsburgh Law Review’s Challenging Authority: A Symposium Honoring Derrick Bell (L.L.B. 1957). This special symposium issue of the 75th volume of the Law Review celebrates and seeks to continue Bell’s critical inquiry into and fight against racial injustice. It features leading and emerging voices that examine and build upon some of Bell’s most eminent concepts, such as the permanence of racism and Interest Convergence Theory; explore Bell’s impact as a professor and activist; and look ahead to the next wave of critical race study.
Celebrating Critical Race Theory At 20, Angela Onwuachi-Willig
Celebrating Critical Race Theory At 20, Angela Onwuachi-Willig
Faculty Scholarship
The year 2009 marks the twentieth anniversary of the first Critical Race Theory (CRT) workshop. On July 8, 1989, more than twenty scholars "who were interested in defining and elaborating on the lived reality of race, and who were open to the aspiration of developing theory" gathered together at a workshop in Madison, Wisconsin. 1 The 1989 workshop, which was spearheaded by Kimberle Crenshaw and organized by her, Neil Gotanda, and Stephanie Phillips, also included as its participants Anita Allen, Taunya Banks, Derrick Bell, Kevin Brown, Paulette Caldwell, John Calmore, Harlon Dalton, Richard Delgado, Linda Greene, Trina Grillo, Isabelle Gunning, …
This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig
This Bridge Called Our Backs: An Introduction To “The Future Of Critical Race Feminism”, Angela Onwuachi-Willig
Faculty Scholarship
On April 1, 2005, the U.C. Davis Law Review hosted in its annual symposium an extremely distinguished group of scholars, who addressed central theories of Critical Race Feminism (“CRF”) in a daylong series of inspiring, thought-provoking, cutting-edge, and captivating presentations. The panelists at the symposium — in front of a packed room of students, professors, and local residents — delved into issues as diverse as the unique role of immigrant women in community economic development, societal failure to deal with domestic violence from a multidimensional perspective, the proposal of a contractual good faith claim based on Professors Devon Carbado and …