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Full-Text Articles in Law
The First Decade: Critical Reflections, Or "A Foot In The Closing Door", Kimberlé W. Crenshaw
The First Decade: Critical Reflections, Or "A Foot In The Closing Door", Kimberlé W. Crenshaw
Faculty Scholarship
In the introduction to Critical Race Theory: The Key Writings That Formed the Movement, Gary Peller, Neil Gotanda, Kendall Thomas, and I framed the development of Critical Race Theory (CRT) as a dialectical engagement with liberal race discourse and with Critical Legal Studies (CLS). We described this engagement as constituting a distinctively progressive intervention within liberal race theory and a race intervention within CLS. As neat as this sounds, it took almost a decade for these interventions to be fleshed out fully. Reflecting on the past ten years of CRT, this Article explores the course of these interventions from the …
Illegalized Sexual Dissent: Sexualities And Nationalisms, Katherine M. Franke
Illegalized Sexual Dissent: Sexualities And Nationalisms, Katherine M. Franke
Faculty Scholarship
In this essay, Katherine Franke explores how dissent becomes a different, and in some ways more interesting, phenomenon when the dissenter emerges not from outside the political horizon drawn by the state, but rather from within it, and as an integral part of the state's project of governance. In these cases, the state calls up a set of subjects who are in some fundamental sense positioned to gain state, if not public, disfavor. These subjects are then isolated, excised or otherwise managed in ways that further state interests. Three cases are discussed in which the production of sexual outlaws proves …