Topic
Critical Race Theory
Posts
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ArticleVol. 101 · Iss. 6
In the Shadows of Suffering
Reform. Abolish. Minimize. Criminal law scholars broadly understand that we need to do *something* about our penal system and the problem of mass incarceration.…
Daniel S. Harawa -
ArticleVol. 100 · Iss. 5
Antitrust and Race
Abstract Antitrust law regulates the consolidation and abuse of economic power. One of its core tasks is to ensure that market success is not…
Hiba Hafiz -
CommentaryVol. 100 · Iss. 5
The Age of Racism
Abstract This Essay introduces the concept of aged racism, a distinct species of systemic racism characterized by its intersection with age. This subject has…
Alexander A. Boni-Saenz -
ArticleVol. 100 · Iss. 4
The Empty Promise of the Fourth Amendment in the Family Regulation System
Abstract Each year, state agents search the homes of hundreds of thousands of families across the United States under the auspices of the family…
Anna Arons -
ArticleVol. 99 · Iss. 2
The Just Prosecutor
Abstract As the most powerful actors in our criminal legal system, prosecutors have been and remain one of the principal drivers of mass incarceration.…
Brandon Hasbrouck -
ArticleVol. 87 · Iss. 6
Rodrigo’s Portent: California and the Coming Neocolonial Order
Through the style of a fictional narrative, this paper demonstrates how colonialism is starting to supplant race as an organizing principle, enabling whites to…
Richard Delgado -
ArticleVol. 87 · Iss. 5
Rediscovering Oyama v. California: At the Intersection of Property, Race, and Citizenship
Oyama v. California was a landmark case in the history of civil rights. Decided in January 1948, Oyama held unconstitutional a provision of California’s Alien Land Law,…
Rose Cuison Villazor -
ArticleVol. 87 · Iss. 4
Complimentary Discrimination and Complementary Discrimination in Faculty Hiring
This Article focuses on one form of discrimination in faculty hiring. Specifically, this Article concentrates on discrimination against the “over qualified” minority faculty candidate,…
Angela Onwuachi-Willig -
ArticleVol. 92 · Iss. 2
Racial Classification and Ascriptive Injury
This Article describes a new model of the relationship between racial ascriptions on an individual level, private racial bias, social disadvantage, and state action,…
Paul Gowder -
ArticleVol. 92 · Iss. 2
Toward a Critical Corporate Law Pedagogy and Scholarship
In recent years, the publicly held corporation has assumed a central position in both the economic and political spheres of American life. Economically, the…
andré d. p. cummings, Steven A. Ramirez & Cheryl L. Wade -
ArticleVol. 98 · Iss. 4
Racial Transition
The United States is a nation in transition, struggling to surmount its racist past. This transitional imperative underpins American race jurisprudence, yet the transitional bases of…
Yuvraj Joshi -
ArticleVol. 98 · Iss. 4
Police Prosecutions and Punitive Instincts
This Article makes two contributions to the fields of policing and criminal legal scholarship. First, it sounds a cautionary note about the use of individual prosecutions…
Kate Levine