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Full-Text Articles in Law

The Rise, Development And Future Directions Of Critical Race Theory And Related Scholarship, Athena D. Mutua Jan 2006

The Rise, Development And Future Directions Of Critical Race Theory And Related Scholarship, Athena D. Mutua

Journal Articles

This essay tells the story of the rise, development and future directions of critical race theory and related scholarship. In telling the story, I suggest that critical race theory (CRT) rises, in part, as a challenge to the emergence of colorblind ideology in law, a major theme of the scholarship. I also contend that conflict, as a process of intellectual and institutional growth, marks the development of critical race theory and provides concrete and experiential examples of some of its key insights and themes. These conflicts are waged in various institutional settings over the structural and discursive meanings of race …


Intersectionality And Identity: Revisiting A Wrinkle In Title Vii, Brad Areheart Jan 2006

Intersectionality And Identity: Revisiting A Wrinkle In Title Vii, Brad Areheart

College of Law Faculty Scholarship

This article revisits intersectionality, a way of postulating legal identity. Simply put, intersectionality acknowledges that one person's identity can never be reduced to solely one characteristic, such as religion or sex. Rather, each person's identity is constructed of the various intersections of ways one might describe oneself.In the legal context, intersectionality has typically arisen in cases of employment discrimination, where those who theoretically could file a claim under more than protected category are forced to choose only one for their claim - for example, parsing one's identity as either race or sex, even though a statute like Title VII provides …