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Full-Text Articles in Law and Race
Intersectionality: Mapping The Movements Of A Theory, Devon Carbado, Kimberlé W. Crenshaw, Vicki M. Mays, Barbara Tomlinson
Intersectionality: Mapping The Movements Of A Theory, Devon Carbado, Kimberlé W. Crenshaw, Vicki M. Mays, Barbara Tomlinson
Faculty Scholarship
Very few theories have generated the kind of interdisciplinary and global engagement that marks the intellectual history of intersectionality. Yet, there has been very little effort to reflect upon precisely how intersectionality has moved across time, disciplines, issues, and geographic and national boundaries. Our failure to attend to intersectionality’s movement has limited our ability to see the theory in places in which it is already doing work and to imagine other places to which the theory might be taken. Addressing these questions, this special issue reflects upon the genesis of intersectionality, engages some of the debates about its scope and …
Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw
Twenty Years Of Critical Race Theory: Looking Back To Move Forward, Kimberlé W. Crenshaw
Faculty Scholarship
This Article revisits the history of Critical Race Theory (CRT) through a prism that highlights its historical articulation in light of the emergence of postracialism. The Article will explore two central inquiries. This first query attends to the specific contours of law as the site out of which CRT emerged. The Article hypothesizes that legal discourse presented a particularly legible template from which to demystify the role of reason and the rule of law in upholding the racial order. The second objective is to explore the contemporary significance of CRT's trajectory in light of today's "post-racial" milieu. The Article posits …
Foreign Authority, American Exceptionalism, And The Dred Scott Case, Sarah H. Cleveland
Foreign Authority, American Exceptionalism, And The Dred Scott Case, Sarah H. Cleveland
Faculty Scholarship
At least since Alexis de Tocqueville wrote in 1831, the idea that America is distinctive from other nations has permeated much political and social commentary. The United States has been variously perceived as unique in its history, its culture, its national values, its social movements, and its social and political institutions. While the term technically refers only to distinctiveness or difference, "exceptionalism" may have positive or negative aspects – what Harold Koh has called "America's Jekyll-and-Hyde exceptionalism." In the legal realm, claims of exceptionalism have been offered to support what Michael Ingnatieff identifies as "legal isolationism" – or refusal by …
Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson
Legislating Racial Fairness In Criminal Justice, Olatunde C.A. Johnson
Faculty Scholarship
Twenty years ago, in McCleskey v. Kemp, the Supreme Court rejected a capital defendant's claim that statistical evidence of racial discrimination in the administration of Georgia's death penalty system constituted a violation of the Eighth and Fourteenth Amendments. Yet, even as McCleskey effectively bars constitutional challenges to racial disparities in the criminal justice system where invidious bias is difficult to establish, the Court invites advocates to pursue legislation as a remedy to racial disparities. Indeed, the McCleskey Court offers as a rationale for its ruling the judiciary's institutional incompetence to remedy these disparities, holding that "McCleskey's arguments are best …