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Full-Text Articles in Law

Paper Daughters, Nancy K. Ota Sep 2005

Paper Daughters, Nancy K. Ota

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.


From Race To Class Struggle: Re-Problematizing Critical Race Theory, E San Juan Jr. Jan 2005

From Race To Class Struggle: Re-Problematizing Critical Race Theory, E San Juan Jr.

Michigan Journal of Race and Law

The misconstrual of "class" as a theoretical and analytic concept for defining group or individual identity has led, especially during the Cold War period, to its confusion with status, life-style, and other ideological contingencies. This has vitiated the innovative attempt of CRT to link racism and class oppression. We need to reinstate the Marxist category of class derived from the social division of labor that generates antagonistic class relations. Class conflict becomes the key to grasping the totality of social relations of production, as well as the metabolic process of social reproduction in which racism finds its effectivity. This will …


The Sacred Way Of Tibetan Crt Kung Fu: Can Race Crits Teach The Shadow's Mystical Insight And Help Law Students "Know" White Structural Oppression In The Heart Of The First-Year Curriculum? A Critical Rejoinder To Dorothy A. Brown, Reginald Leamon Robinson Jan 2005

The Sacred Way Of Tibetan Crt Kung Fu: Can Race Crits Teach The Shadow's Mystical Insight And Help Law Students "Know" White Structural Oppression In The Heart Of The First-Year Curriculum? A Critical Rejoinder To Dorothy A. Brown, Reginald Leamon Robinson

Michigan Journal of Race and Law

Part I of this Article uses a quasi-parable, in which Dorothy Brown is a Tibetan Master who teaches law students CRT Kung Fu, the monastic fighting skills by which they will acquire the Shadow's mystical insight to "know" the heart of the first-year curriculum. Part II challenges the organizing principles and content on which Brown's Critical Race Theory purports to critically interrogate traditional legal doctrine, applying a New Age Philosophical critique as well as agency theory to crack dealing in Spanish Harlem. I use this case study to argue that crack dealers deliberately and purposefully choose extra-legal economic opportunities, even …


Mapping A Materialist Latcrit Discourse On Racism , Reginald C. Oh Jan 2005

Mapping A Materialist Latcrit Discourse On Racism , Reginald C. Oh

Cleveland State Law Review

This Essay will analyze the call for a return to a discourse on the material reality of racism, and offer two ways to develop a materialist LatCrit and Critical Race critique of dominant, inequality reinforcing legal narratives: by (1) critically analyzing the narrative structure of dominant legal narratives, and by (2) incorporating a critical geographical consciousness into LatCrit and Critical Race critique and discourse. This Essay contends that any critical discourse must explicitly recognize the multi-dimensional, multi-faceted, multi-causal reality of racism and racial subordination, and it must expose dominant legal narratives for obscuring and obfuscating that reality.