紹介
Critical Race Theory has become a dynamic, eclectic, and growing movement in the study of law. With this third edition of Critical Race Theory, editors Richard Delgado and Jean Stefancic have created a reader for the twenty-first century - one that shakes up the legal academy, questions comfortable liberal premises, and leads the search for new ways of thinking about our nation's most intractable, and insoluble, problem - race. The contributions, from a stellar roster of established and emerging scholars, address new topics, such as inter-sectionality and black men on the "down low." Essays also confront much-discussed issues of discrimination, workplace dynamics, affirmative action, and sexual politics. Also new to this volume are updated section introductions, author notes, questions for discussion, and reading lists for each unit. The volume also covers the spread of the movement to other disciplines such as education. Offering a comprehensive and stimulating snapshot of current race jurisprudence and thought, this new edition of Critical Race Theory is essential for those interested in law, the multiculturalism movement, political science, education, and critical thought.
Richard Delgado , University Professor of Law at Seattle University, is one of the founding members of the Conference on Critical Race Theory, and the author of Critical White Studies (Temple). Jean Stefancic is Research Professor of Law at Seattle University, and author of No Mercy: How Conservative Think Tanks and Foundations Changed America's Social Agenda (Temple).
目次
Introduction to the Book
Suggested Readings PART I CRITIQUE OF LIBERALISM Introduction
Derrick A. Bell, Jr. / After We're Gone: Prudent Speculations on America in a Post-Racial Epoch
Michael A. Olivas / The Chronicles, My Grandfather's Stories, and Immigration Law: The Slave Traders Chronicle as Racial History
Devon W. Carbado and Cheryl I. Harris / The New Racial Preferences
Mari J. Matsuda / When the First Quail Calls: Multiple Consciousness as Jurisprudential Method
Neil Gotanda / A Critique of "Our Constitution Is Color-Blind"
Richard Delgado / Liberal McCarthyism and the Origins of Critical Race Theory
Charles R. Lawrence III / Forbidden Conversations: On Race, Privacy, and Community
From the Editors Issues and Comments
Suggested Readings PART II STORYTELLING, COUNTERSTORYTELLING, AND "NAMING ONE'S OWN REALITY" Introduction Derrick A. Bell, Jr. / Property Rights in Whiteness: Their Legal Legacy, Their Economic Costs
Richard Delgado / Storytelling for Oppositionists and Others: A Plea for Narrative
Thomas Ross / The Richmond Narratives
Gerald Torres and Kathryn Milun / Translating Yonnondio by Precedent and Evidence: The Mashpee Indian Case
Patricia J. Williams / Alchemical Notes: Reconstructing Ideals from Deconstructed Rights
andre douglas pond Cummings / A Furious Kinship: Critical Race Theory and the Hip Hop Nation
From the Editors Issues and Comments
Suggested Readings PART III REVISIONIST INTERPRETATIONS OF HISTORY AND CIVIL RIGHTS PROGRESS Introduction
Robert A. Williams, Jr. / Documents of Barbarism: The Contemporary Legacy of European Racism and Colonialism in the Narrative Traditions of Federal Indian Law
Mary L. Dudziak / Desegregation as a Cold War Imperative
Richard Delgado / Liberal McCarthyism: How Four Radical Professors Lost Their Jobs and How Their Displacement Contributed to the Dissemination of Critical Thought
Ariela J. Gross / The "Caucasian Cloak": Mexican Americans and the Politics of Whiteness in the Twentieth-Century Southwest
James W. Gordon / Did the First Justice Harlan Have a Black Brother?
From the Editors Issues and Comments
Suggested Readings PART IV CRITICAL UNDERSTANDING OF THE SOCIAL SCIENCE UNDERPINNINGS OF RACE AND RACISM Introduction
Richard Delgado / Words That Wound: A Tort Action for Racial Insults, Epithets, and Name-Calling
Peggy C. Davis / Law as Microagression
Gregory S. Parks and Jeffrey J. Rachlinski / Implicit Bias, Election '08, and the Myth of a Post-Racial America
Jerry Kang / Trojan Horses of Race
Devon W. Carbado and Mitu Gulati / Working Identity
Ian F. Haney Lopez / The Social Construction of Race
Angela Onwuachi-Willig, Emily Houh, and Mary Campbell Cracking the Egg: Which Came First - Stigma or Affirmative Action?
From the Editors Issues and Comments
Suggested Readings PART V CRIME Introduction
Jody D. Armour / Race Ipsa Loquitur: Of Reasonable Racists, Intelligent Bayesians, and Involuntary Negrophobes
Michelle Alexander / The New Jim Crow
Paul Butler / Racially Based Jury Nullification: Black Power in the Criminal Justice System
Cynthia Kwei Yung Lee / Race and Self-Defense: Toward a Normative Conception of Reasonableness
From the Editors Issues and Comments
Suggested Readings PART VI STRUCTURAL DETERMINISM Introduction
Derrick A. Bell, Jr. / Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation
Charles R. Lawrence III / The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism
Richard Delgado and Jean Stefancic / Images of the Outsider in American Law and Culture: Can Free Expression Remedy Systemic Social Ills?
Juan F. Perea / Race and the U.S.-Mexican Border: Tracing the Trajectories of Conquest
From the Editors Issues and Comments
Suggested Readings PART VII RACE, SEX, CLASS, AND THEIR INTERSECTIONS Introduction
Angela P. Harris / Race and Essentialism in Feminist Legal Theory
Paulette M. Caldwell / A Hair Piece: Perspectives on the Intersection of Race and Gender
Catharine A. MacKinnon / From Practice to Theory, or What is a White Woman Anyway?
Leticia M. Saucedo / The Employer Preference for the Subservient Worker and the Making of the Brown Collar Workplace
From the Editors Issues and Comments
Suggested Readings PART VIII ESSENTIALISM AND ANTI-ESSENTIALISM Introduction
Regina Austin / "The Black Community," Its Lawbreakers, and a Politics of Identification
Lisa C. Ikemoto / Traces of the Master Narrative in the Story of African American/Korean American Conflict: How We Constructed "Los Angeles"
Trina Grillo and Stephanie M. Wildman / Obscuring the Importance of Race: The Implication of Making Connections between Racism and Sexism (or Other -Isms)
Angela Onwuachi-Willig and Jacob Willig-Onwuachi / A House Divided: The Invisibility of the Multiracial Family
From the Editors Issues and Comments
Suggested Readings PART IX GAY-LESBIAN QUEER ISSUES Introduction
Elvia R. Arriola / Gendered Inequality
Darren Lenard Hutchinson / Sexual Politics and Social Change
Russell K. Robinson / Racing the Closet
From the Editors Issues and Comments
Suggested Readings PART X BEYOND THE BLACK-WHITE BINARY Introduction Juan F. Perea / The Black/White Binary Paradigm of Race
Robert S. Chang / Toward an Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, and Narrative Space
Ian F. Haney Lopez / Race and Erasure: The Salience of Race to Latinos/as
George A. Martinez / Mexican Americans and Whiteness
Muneer I. Ahmad / A Rage Shared by Law: Post-September 11 Racial Violence as Crimes of Passion
Roy L. Brooks and Kirsten Widner / In Defense of the Black/White Binary: Reclaiming a Tradition of Civil Rights Scholarship
Kenneth Prewitt / Racial Classification in America: Where Do We Go from Here?
From the Editors Issues and Comments
Suggested Readings PART XI CULTURAL NATIONALISM AND SEPARATION Introduction Richard Delgado Rodrigo's Chronicle
Paul Butler Much Respect: Toward a Hip-Hop Theory of Punishment
Ian F. Haney Lopez Protest, Repression, and Race: Legal Violence and the Chicano Movement
Kevin Brown and Jeannine Bell Demise of the Talented Tenth: The Increasing Underrepresentation of Ascendant Blacks at Selective Higher Education Institutions
Kenneth B. Nunn Law as a Eurocentric Enterprise
From the Editors Issues and Comments Suggested Readings PART XII INTERGROUP RELATIONS Introduction Leslie Espinoza and Angela P. Harris Embracing the Tar-Baby: LatCrit Theory and the Sticky Mess of Race
Our Next Race Question
Tanya K. Hernandez Afro-Mexicans and the Chicano Movement: The Unknown Story
Manning Marable Beyond Racial Identity Politics: Towards a Liberation Theory for Multicultural Democracy
Eric K. Yamamoto Rethinking Alliances: Agency, Responsibility, and Interracial Justice
From the Editors Issues and Comments
Suggested Readings PART XIII LEGAL INSTITUTIONS, CRITICAL PEDAGOGY, AND MINORITIES IN THE LAW Introduction Derrick A., Bell, Jr. The Civil Rights Chronicles: The Chronicle of the DeVine Gift
Delgado, Richard The Imperial Scholar: Reflections on a Review of Civil Rights Literature
Mari J. Matsuda Who Is Excellent?
Angela Onwuachi-Willig Complimentary and Complementary Discrimination in Faculty Hiring
From the Editors Issues and Comments Suggested Readings PART XIV CRITICAL RACE FEMINISM Introduction Monica J. Evans Stealing Away: Black Women, Outlaw Culture and the Rhetoric of Rights
Margaret E. Montoya Mascaras, Trenzas, y Grenas: Un/masking the Self While Un/braiding Latina Stories and Legal Discourse
Sumi K. Cho Converging Stereotypes in Racialized Sexual Harassment: Where the Model Minority Meets Suzie Wong
Elvia Rosales Arriola Of Woman Born: Courage & Strength to Survive in the Maquiladoras of Reynosa and Rio Bravo, Tamaulipas
From the Editors Issues and Comments
Suggested Readings PART XV CRITICISM AND SELF ANALYSIS Introduction Randall L. Kennedy Racial Critiques of Legal Academia
Alan D. Freeman Derrick Bell - Race and Class: The Dilemma of Liberal Reform
Daniel A. Farber and Suzanna Sherry Telling Stories Out of School: An Essay on Legal Narratives
Richard H. Sander A Systemic Analysis of Affirmative Action in American Law Schools
From the Editors Issues and Comments Suggested Readings PART XVI CRITICAL RACE PRAXIS Introduction Anthony V. Alfieri Fidelity to Community: A Defense of Community Lawyering
Gerald P. Lopez The Work We Know So Little About
Julie A. Su Making the Invisible Visible: The Garment Industry's Dirty Laundry
Robert A. Williams, Jr. Vampires Anonymous and Critical Race Practice
From the Editors Issues and Comments Suggested Readings PART XVII CRITICAL WHITE STUDIES Introduction Ian F. Haney Lopez White by Law
Thomas Ross Innocence and Affirmative Action
Stephanie M. Wildman and Adrienne D. Davis Language and Silence: Making Systems of Privilege Visible
Ian F. Haney Lopez White Latinos
Richard Delgado Rodrigo's Portent: California and the Coming Neocolonial Order
From the Editors Issues and Comments
Suggested Readings