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Selected Works

Critical race theory

Articles 1 - 9 of 9

Full-Text Articles in Law and Race

Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges Jul 2019

Excavating Race-Based Disadvantage Among Class-Privileged People Of Color, Khiara Bridges

Khiara M Bridges

The aim of this article is to begin to theorize the fraught space within which class-privileged racial minorities exist — the disadvantage within their privilege. The article posits that the invisibility of the racial subordination of wealthier people of color (that is, their marginalization on account of their race) is fertile soil for the germination of post-racialism — the sense that we, as a nation, have overcome our racial problems. The dramatic visibility of the minority poor’s suffering, combined with the relative invisibility of the suffering of those minorities who are not poor, breeds the belief that class is now …

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Class-Based Affirmative Action, Or The Lies That We Tell About The Insignificance Of Race, Khiara Bridges Jul 2019

Class-Based Affirmative Action, Or The Lies That We Tell About The Insignificance Of Race, Khiara Bridges

Khiara M Bridges

This Article conducts a critique of class-based affirmative action, identifying and problematizing the narrative that it tells about racial progress. The Article argues that class-based affirmative action denies that race is a significant feature of American life. It denies that individuals - and groups - continue to be advantaged and disadvantaged on account of race. It denies that there is such a thing called race privilege that materially impacts people’s worlds. Moreover, this Article suggests that at least part of the reason why class-based affirmative action has been embraced by those who oppose race-based affirmative action is precisely because it …

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The Accidental Crit Iii: The Unbearable Lightness Of Being ... Pedro?, Pedro A. Malavet Oct 2018

The Accidental Crit Iii: The Unbearable Lightness Of Being ... Pedro?, Pedro A. Malavet

Pedro A. Malavet

This is a new draft of this article. I have updated the text with the latest developments in a number of areas related to current events. I have also added a substantial number of footnotes to explain some concepts that are common to Critical Race Theory, but that may not be as generally known to those who write in other areas.

The article is a narrative about my process of coming to terms with the promotion and tenure process that I endured through a type of scholarly catharsis; in this essay I review my continued presence in the legal academy …

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Welfare Queens And White Trash, Lisa R. Pruitt Mar 2016

Welfare Queens And White Trash, Lisa R. Pruitt

Lisa R Pruitt

The “welfare queen” is widely recognized as a racialized construct deployed by politicians to undermine support for public benefits and the wider social safety net. Less often recognized or discussed is the flip side of the welfare queen’s conflation of blackness with dependency and poverty: the conflation of whiteness with self-sufficiency, autonomy, and affluence. The welfare queen trope, along with media and scholarly depictions of socioeconomic disadvantage as a nonwhite phenomenon, deflects attention from white poverty. Yet data indicate that a majority of poor people in the United States self-identify as white.

This essay, written for the “Reframing the Welfare …

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Racial Emotions And The Feeling Of Equality, Janine Young Kim Dec 2015

Racial Emotions And The Feeling Of Equality, Janine Young Kim

Janine Kim

This Article examines two distinct but related questions regarding race and emotions. The first raises the possibility that there are certain emotions that are so closely tied to racial experiences that they can be said to demonstrate and typify an emotional dimension to the construct of race. The second asks how such quintessentially racial emotions can be analyzed and evaluated, employing three theories of emotion that have developed in various disciplines within the humanities and social sciences. These theories reveal that racial emotions are not idiosyncratic and elusive, but instead relate to reason and values, to social membership and hierarchy, …

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Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez Sep 2012

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …

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Resistance And Transformation: Re-Reading Mari Matsuda In The Postracial Era, Janine Young Kim Dec 2011

Resistance And Transformation: Re-Reading Mari Matsuda In The Postracial Era, Janine Young Kim

Janine Kim

This symposium essay examines the impact of Mari Matsuda's seminal 1987 article, Looking to the Bottom: Critical Legal Studies and Reparations, and argues that her work continues to resonate in current debates about postracialism. In particular, Matsuda's insights on the importance of narratives from the bottom, developing an inclusive and complex dialogue about race, and embracing ambiguity are helpful correctives against the negative effects of postracial discourse.

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Hate Crime Law And The Limits Of Inculpation, Janine Young Kim Dec 2005

Hate Crime Law And The Limits Of Inculpation, Janine Young Kim

Janine Kim

Critics sometimes maintain that hate crime law punishes an offender for her motive and character and is therefore doctrinally and morally illegitimate. This manuscript explores the concept of culpability to examine this challenge, and argues that critics inaccurately assume that our criminal law conditions culpability on a robust understanding of choice. This inaccuracy significantly undermines the doctrinal critique against hate crime law, which in fact appears to be consistent with many other laws that consider motive and character as relevant factors in determining degree of guilt and proportionate punishment. Notwithstanding the apparent doctrinal validity of hate crime law, the author …

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Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim Dec 1998

Are Asians Black?: The Asian-American Civil Rights Agenda And The Contemporary Significance Of The Black/White Paradigm, Janine Young Kim

Janine Kim

In recent years, Asian Americans have increasingly laid claim to a place in civil rights history. One strategy of this movement has been to renounce the black/white paradigm as a biracial model of race relations that no longer accurately describes contemporary America. In this essay, I suggest that the black/white paradigm is more compelling than commonly assumed, and explore six dimensions of the paradigm that speak to its contemporary relevance to the Asian American civil rights agenda.

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