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Full-Text Articles in Law
Critical Race Histories: In And Out, Darren Lenard Hutchinson
Critical Race Histories: In And Out, Darren Lenard Hutchinson
UF Law Faculty Publications
This Article contributes to the completion of some “unfinished business” within Critical Race Theory by engaging insufficiently examined external and internal critiques of critical race scholarship. The external critique of critical race nihilism and the new insider critique that dichotomizes identity theories and material harm warrant extended reflection because there are critical deficiencies that problematize these arguments. The nihilism critique, for example, falsely associates CRT with more radical forms of postmodernism and overlooks leading works in CRT which demonstrate that Critical Race Theorists inhabit an admittedly contradictory space. Critical Race Theorists radically deconstruct the racial hierarchies that law constitutes and …
Progressive Race Blindness?: Individual Identity, Group Politics, And Reform, Darren Lenard Hutchinson
Progressive Race Blindness?: Individual Identity, Group Politics, And Reform, Darren Lenard Hutchinson
UF Law Faculty Publications
Critical Race Theorists advance race consciousness as a positive instrument for political and legal reform. A growing body of works by left-identified scholars, however, challenges this traditional progressive stance toward race consciousness. After summarizing the contours of this budding literature, this Article criticizes the "progressive race blindness" scholarship on several grounds and offers an alternative approach to race consciousness that balances skepticism towards the naturalness of race with a healthy appreciation of the realities of racial subjugation and identity.
Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush
Culture, Nationhood, And The Human Rights Ideal, Berta E. Hernández-Truyol, Sharon E. Rush
UF Law Faculty Publications
This paper was written as a part of a Symposium on Culture, Nation, and LatCrit (Latina/o Communities and Critical Race) Theory and focuses on the concept of voice and silence. Part I locates the works in the axis of silence and power. Part II explores how critical theory and international human rights norms can be used to develop a methodology to analyze and detect the exclusion or silencing of voices. A paradigm is developed that, by internationalizing voice, serves as a useful tool to explore power-based silencing. In Part III, the article illustrates how the proposed paradigm can focus the …
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson
Ignoring The Sexualization Of Race: Heteronormativity, Critical Race Theory And Anti-Racist Politics, Darren Lenard Hutchinson
UF Law Faculty Publications
This Article, a third in a series of related works, explores the representation of sexual identity within Critical Race Theory and other forms of anti-racist discourse. I argue, after examining representative texts, that anti-racist discourse is often "heteronormative" -- or centered around heterosexual experiences. Most commonly, anti-racist heteronormativity occurs when scholars and activists in the field fail to analyze the homophobic dimensions of acts or conditions of racial inequality and when they dismiss, either implicitly or explicitly, the "morality" of gay and lesbian equality claims. This Article recommends that scholars in Critical Race Theory and related fields adopt a more …