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Literature And The Arts As Antisubordination Praxis: Latcrit Theory And Cultural Production: The Confessions Of An Accidental Crit, Pedro A. Malavet

UF Law Faculty Publications

I attend LatCrit conferences to be educated on what I regard as the most exciting legal scholarship being produced today. Therefore, I naturally jumped at the opportunity to help organize the Fourth Annual LatCrit Conference and to chair one of its Plenary Panels. I have penned this Essay for the purpose not only of joining Critical Race Theory ("CRT") discourse, but also to create a recorded history of LatCrit travels.

In Part I of this Essay, I will describe the process that led the Planning Committee to include the Literature and Arts as Antisubordination Praxis: LatCrit Theory and Cultural Production …

“Gay Rights” For “Gay Whites”?: Race, Sexual Identity, And Equal Protection Discourse, Darren Lenard Hutchinson

UF Law Faculty Publications

While the resolution of the problem of gay and lesbian inequality will ultimately turn on a host of social, legal, political, and ideological variables, this Article argues that the success or failure of efforts to achieve legal equality for gays, lesbians, bisexuals, and transgendered individuals will depend in large part on how scholars and activists in this field address questions of racial identity and racial subjugation. Commonly, these scholars and activists currently discuss race by use of analogies between “racial discrimination” and “sexual orientation discrimination,” or between “people of color” and “gays and lesbians.” On one level, the “comparative approach” …

The "Darden Dilemma": Should African Americans Prosecute Crimes?, Kenneth B. Nunn

UF Law Faculty Publications

Christopher Darden (prosecutor in the O.J. Simpson trial) has come to epitomize the burdens that African American prosecutors face as they perform their professional tasks. Moreover, the "Darden Dilemma" has become a generic term for the anguish that these prosecutors endure as they negotiate between competing allegiances to the African American community and the State. Much has been written about the sense of isolation that African American prosecutors feel when confronting the conflict between their roles as prosecutors and their obligations to the African American community. This article argues that African Americans should not prosecute crimes in the current criminal …

Foreword: Toward A Multicultural Theory Of Property Rights, Danaya C. Wright

UF Law Faculty Publications

This panel, sponsored by the Minority group and Property Sections of the AALS for the January, 2000 annual meeting, was composed of an exciting group of scholars critically analyzing traditional theories of property and current distribution of resources. The panel, entitled "Reviewing the Legacy of Liberalism: Life, Liberty, and the Pursuit of Happiness -- Linking Property to Rights," challenged traditional notions of property rights, from a discussion of the gender implications of African property law, to a critique of traditional analyses of Johnson v. M'Intosh, to property as heteronormative. Because the articles provide so much rich and thought-provoking material, …

Latindia Ii -- Latinas/Os, Natives, And Mestizajes -- A Latcrit Navigation Of Nuevos Mundos, Nuevas Fronteras, And Nuevas Teorias, Berta E. Hernández-Truyol

UF Law Faculty Publications

This Essay is a journey that will elucidate a personal exploration of LatCrit's trinitarian goals of engagement of identity interrogations, community building, and self-critical analysis. It will reflect personal travels and travails, bumps in the road and epiphanies, theory and practice. The plot for these musings is a cultural voyage in which this viajera embarks to live and comprehend the meaning of mestizaje 5 in a personal quest for identity location; the stage is LatCrit IV.

My interrelated trips are chartered in three parts. Part I, Nuevos Mundos. Traveling LatCrit Community, presents the historical background of, contexts for, and evolutions …

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 …