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Full-Text Articles in Law and Race
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
When Theory Met Practice: Distributional Analysis In Critical Criminal Law Theorizing, Aya Gruber
Fordham Law Review
Focusing on criminal law and procedure in particular, this Article seeks to expose various tensions in critical race theorizing and progressive theorizing more broadly, offer some suggestions for a unifying methodology of critical criminal law analysis, and discuss where empirical study might fit into this new program. Progressive (critical race and feminist) theorizing on criminal law is not only subject to the competing frames of critique and formalism, it also exists within an overarching American criminal law culture that can eclipse both concerns over rights violations and structural injustice. The U.S. penal system has become a “peculiar institution” and a …
Whiteness As Cursed Property: An Interdisciplinary Intervention With Joyce Carol Oates’S Bellefleur And Cheryl Harris’S “Whiteness As Property”, Karen Gaffney
Bearing Witness: Joyce Carol Oates Studies
This article begins with the assertion that now more than ever, in the aftermath of Ferguson and in a time when many believe our society to be post-racial, we need to bring together scholars and activists who care about racial justice, regardless of discipline, and build interdisciplinary tools for fighting racism. Furthermore, we need to understand and reveal how whiteness has been socially constructed because the power of whiteness lies in its invisibility, and that fuels the perpetuation of systemic racism. In making whiteness visible, we can see how it has been wielded as a weapon, which in turn will …