"There can be no perfect democracy curtailed by color, race or poverty.  But with all, we accomplish all, even peace.
 

Welcome to the web page for Politics 305: Critical Race Theory.  Below are resources for students taking this course, including links to the syllabus, course assignments, and to points of interest on the internet.

If you should have any problems with this page, please email Dr. Ange-Marie Hancock.
 
 

"Power concedes nothing without a demand.  It never has, and it never will." 
                                                                                                            Frederick Douglass
 
 

Syllabus

Case Studies

Lectures

Annotated Bibliography

Related Links
 

POLITICS 305                                                                                   CRITICAL RACE THEORY
 
 

Course Content:
Critical Race Theory represents a wide body of legal and political research that critically examines the role of race as a social construct that organizes political interactions.  Most readings and discussions deal with contemporary issues stemming from the intersection of race and law, but the field has expanded exponentially in recent years to include cultural studies, critical race feminism, and critical approaches to other identities such as sexual orientation.

The term Critical Theory emerges from the Marxist perspective that first analyzed economic class as a key source of division in European society.  That approach, when brought to the area of race and gender has exploded how Americans think of themselves as not merely “American,” but as persons having a racial identity, a gender identity, and more recently, a sexual orientation.  This class intends to explore how political identity intersects with social structures conditioned by race, gender, class and sexual orientation to form the public sphere and (in the words of Nancy Fraser) counter-publics for those marginalized from the mainstream..

Pre-Requisites / Course Qualifications:
In order to take this course, you must have passed Race and Ethnicity in American Politics (Politics 230).  If you have not taken this class and have no transfer equivalent, you must wait to take this class until you have done so.  Successful completion of this class provides credit as an elective for the Politics major, the Ethnic Studies Certificate and Legal Studies Certificate.

What it means to take a seminar:
This class is designed to be a seminar class, which provides you as students with a special opportunity to develop and enhance your learning experience.  Seminars minimize the lecture format from the teacher and focus on students participating in their own learning.  This method of teaching requires student commitment, and I want to advise you of the responsibilities before you decide to take the class.  This approach has been widely cited as a form of emancipatory education – that is, students learning to empower themselves both with information and critical thinking skills that prepare them for graduate school, law school and the corporate world.

Seminars are first and foremost thought classes.  If you do not want to think, you’d do best to remain in lecture classes only! Because the class is a thinking class, students are responsible for acquiring information through reading and reflection, as opposed to spoon-feeding from the professor. These classes often require tougher reading and greater amounts of reading.

Second, seminars are discussion classes.  If you are afraid to talk, you will not get all that you paid for out of this class!  Neither will your classmates.  In this seminar I am committed to making the classroom a safe place for all to speak.  In other words, it is a place of democratic deliberation, where we do not all have to agree on anything save communicating our views with respect and logic.

The words above are not designed to scare you.  Rather they are to encourage you to “be all you can be.”  If you’ve seen “Dead Poets Society,” “Good Will Hunting” or “Finding Forrester,” you’ve seen the kind of educational experience that awaits us.  And after all, would we not all love to be intellectually challenged and stimulated twice a week?

Seminar expectations:
It is my job to make your experience as rewarding and intellectually stimulating as possible.  Yet I cannot perform my job alone.  Your participation in getting the best education USF has to offer includes both general and specific tasks.  Generally, you must come to class having read and reflected on the material assigned for that day.  Each and every one of you must also come to class with an open mind.  I will respect your experience and logic and expect you to grant every other participant in the class (including me!) the same opportunity to learn and develop.  Last, you must come prepared to talk!  Ask questions, interrogate your assumptions and those of others – it will lead to a more exciting class for all of us.

I am available during my office hours and scheduled appointments to discuss matters pertaining to your class performance, class assignments, or topics involved in the class.  I am an avid reader, and would not mind giving recommended book lists to students who wish to explore selected topics further.  Please feel free to ask questions about other topics we do not have time to cover in class.

Teaching Philosophy:
You will see throughout this class an emphasis on student participation and student engagement in the learning process.  While each of you will be graded individually for this class, you are not in competition with each other for grades.  Educational research strongly promotes the use of groups and classmate cohorts to enhance your learning.

That said, the importance of group work and your classmates of course does not replace me as a professor, or your individual efforts to get the best out of USF.  We can and should work together.  Individual assignments, such as exams or writing exercises, are expected to comply with the USF policy on academic honesty, which forbids cheating, plagiarism or presenting identical assignments for multiple classes.  Similarly, group projects should comply with the USF policy on plagiarism and presenting identical assignments as well, which is to say – DON’T DO IT. Students who fail to comply with the policy will be referred to the proper authorities, no questions asked.  Err on the side of caution.  Consult me if you have any questions about academic honesty BEFORE you submit something.

Required Books:
There is no textbook for this class.  However, there are required books for reading, which are listed below.  There is also a rather large coursepack of articles required, because critical race theory at this time is what we call an article-dominated area of research.  Many of these are law review articles.  If for budgetary reasons, you are unable to purchase the entire coursepack, you may obtain articles one-by-one by copying them from the Dorraine Zief Law Library resources.

Kennedy, Randall.  Race, Crime and Law. (1997).
Frankenberg, Ruth.  White Women, Race Matters.  (1993).
Piatt, Bill.  Black and Brown in America: The Case for Cooperation.  (1997).
Critical Race Theory Coursepack (2001).

NOTE WELL: For the case study you are assigned to, you will have at least one additional book to purchase, though it will vary based on which case study and what you take on as an assignment in the group.  Case study articles will be available on reserve at Gleeson Library.

Course Requirements:
There will be several items contributing to my final evaluation of your performance in this course.  They are listed below.

Case Study.  Each student is required to participate in a case study group, which consists of taking a specific theme within critical race theory and studying its practical applications.  During the month of November, each group will present their case study’s argument to the class in a 35-minute presentation followed by 30 minutes of questions from the class.  Further details about this assignment will be distributed separately.

Exams.  You will have two in-class, all essay exams in this class.  The first will occur during the first six weeks of class in order to provide you with a reliable evaluation of how well you are understanding the material and whether greater effort or additional assistance is required.  The second exam is the final, which will be held on the scheduled day.  Beware that the tests are difficult by design; they are weighted to limit any adverse effect on your final grade.

Research Paper. Each student is expected to complete an academic research paper of 15-20 pages, due on one of two dates based on your case study presentation date.  The paper topic is selected in consultation with the professor and represents your original research concerning a topic related to critical race theory that interests you. You may select a topic that is substantially related to your case study if you so desire but you are not required to do so.  Further information about the research paper requirements will be distributed in class.  I agree to read and grade carefully all of your papers – please agree to work hard on them!

Participation. This is a seminar class, not a lecture class.  As such, participation in all aspects of the class is required and not optional. The only way to learn from each other is to talk in class.  I am aware that different people feel comfortable participating in different situations. Yet participation is not optional.  It is an important part of your grade because at some point in all of our lives we have to stand up and speak our minds in a situation.  Let this class be part of your development of public speaking and democratic deliberation skills.  Your in-class participation grade consists of both your regular attendance and your comments in class. Attendance at class is required.  Missing class repeatedly will hurt your grade, regardless of your other participatory activities.

Grade Policies:
Your final grade will be calculated in the following manner:

    Case Study          40%
    Exam #1             10%
    Research Paper    20%
    Participation        15%
    Final Exam          15%
    SUM:              100%

I take the evaluation and grading of your work very seriously, and I know that most of you work very hard to do your best in your courses.  While it may take me a little longer to read your work and return it to you, I read exams more than once before assigning grades to them.

Late Assignments: Late assignments are not accepted unless arrangements are made 48 hours in advance of the date it is due.  Each day late will lower your actual grade by two letter grades.

Exams: Because exams involve essay questions, there is no such thing as a “correct essay answer.”  There is no way to completely eliminate all subjectivity in the evaluation process.  I will give more concrete examples of this as we approach the midterm.  Essays are responses to broad and complex essay questions requiring more than just regurgitation of facts; you must also synthesize the elements you have learned in class and answer all parts of the question.

Appeals: If you are dissatisfied with your grade and feel an academic injustice has been done, you should do the following:
1. Read the comments at the end of your essay which explain why you received the grade on your essay and reread your essay with these comments in mind.
2. If, after I have reviewed appropriate answers in class, you still feel your exam deserves to be reread, type a maximum one-page explanation of why you feel you exam deserves a higher grade; attach it to your essay, and give it to me either at the beginning or the end of the class period.
3. Allow me at least one week for me to reread your exam and explanation and then come to see me during office hours or make an appointment to see me.  At that time, I reserve the right to leave your grade unchanged; to increase your grade or to decrease your grade based upon the most recent reading of your essay.  At the outset of your appeal, you have a 1 in 3 chance of improving your grade.

I urge you to resist the temptation to compare your grades to other students in the class; grades are given on the basis of your particular performance and my evaluation of your work.  There is no pre-determined grade distribution (i.e. a limited number of A’s) for any assignment or for final grades.
 
 

WEEK ONE:  Introduction to Critical Perspectives (Lectures)
Harris, Angela: Foreward: The Jurisprudence of Reconstruction. California Law Review (1994).
Olivas, Michael A.  “The Chronicles, My Grandfather’s Stories and Immigration Law: The Slave Traders Chronicle as Racial History.”  St. Louis University Law Journal (1990).

WEEK TWO:  Introduction to Critical Race Theory: Major Themes (Lectures)
Marx, Selected Writings from Das Kapital (1994)
Crenshaw, Introduction to Critical Race Theory (1995)
Bell, Forward to Critical Race Theory (1995)

WEEK THREE: Thinking about Race and Ethnicity from a Critical Race Theory Perspective (Discussions ongoing from this point forward.)
Winant, Howard and Michael Omi.  “Racial Conditions”
Matsuda, Mari.  “Looking to the Bottom: Critical Legal Studies and Reparations.”  CRT (1995)
Harris, Angela.  “Race and Essentialism in Feminist Legal Theory.”  FLT (1991)
Williams, Robert A.  “Taking Rights Aggressively: The Perils and Promise of Critical Legal Theory for Peoples of Color.”  Law and Inequality Journal (1987).

WEEK FOUR: Critiques of Liberalism and Liberal Democracy
Gotanda, Neil.  “A Critique of ‘Our Constitution is Color-Blind.”  Stanford Law Review (1991).
Reed, Adolph and Julian Bond.  “Equality: Why We Can’t Wait.”  The Nation (1991).
Williams, Patricia J.  “Fetal Fictions: An Exploration of Property Archetypes in Racial and Gendered Contexts.”  Florida Law Review (1990).

WEEK FIVE:  Improving Comprehension of Race and Racism
Bell, Derrick A. Jr.  “Racial Realism.”  Connecticut Law Review (1992).
Chang, Robert S.  “Toward an Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, and Narrative Space.”  California Law Review (1993).
Delgado, Richard.  “Critical Legal Studies and the Realities of Race – Does the Fundamental Contradiction Have a Corollary?”  Harvard Civil Rights / Civil Liberties Law Review (1988).

WEEK SIX:  EXAM AND ASSESSMENT

WEEK SEVEN: Exploring Intersectional Identities
Calmore, John O.  “Exploring the Significance of Race and Class in Representing the Black Poor.”  Oregon Law Review (1982).
Crenshaw, Kimberle Williams.  “Mapping the Margins: Intersectionality, Identity Politics and Violence Against Women of Color.” CRT (1995)
Crenshaw, Kimberle Williams.  “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.” FLT (1991).
Hernandez-Truyol, Berta Esperanza.  “Building Bridges: Latinas and Latinos at the Crossroads.”  LC (1998).
Johnson, Kevin R.  “The Intersection of Immigration Status, Ethnicity, Gender and Class.”  LC (1998).
Lopez, Ian F. Haney.  “Race and Erasure: The Salience of Race to Latinos/as.”  LC (1998).

WEEK EIGHT:  Essentialism and anti-essentialism
Culp, Jerome McCristal, Jr.  “Diversity, Multiculturalism and Affirmative Action: Duke, the NAS and Apartheid.”  DePaul Law Review (1992).
Karst, Kenneth.  “Paths to Belonging: The Constitution and Cultural Identity.”  North Carolina Law Review (1986).
Torres, Gerald.  “Critical Race Theory: The Decline of the Universalist Ideal and the Hope of Plural Justice – Some Observations and the Questions of an Emerging Phenomenon.”  Minnesota Law Review (1991).

WEEK NINE: The Importance of Naming One’s Own Reality
Delgado, Richard.  “Storytelling for Oppositionists and Others: A Plea for Narrative.”  Michigan Law Review (1989).
Ewick, Patricia and Susan S. Silbey.  “Subversive Stories and Hegemonic Tales: Toward a Sociology of Narrative.”  Law and Society Review (1995).
Mendez, Miguel.  “Lawyers, Linguists, Story-Tellers and Limited-English-Speaking Witnesses.”  LC (1998).
Montoya, Margaret.  “Masks and Identity.”  LC (1998).
Ontiveros, Maria.  “Rosa Lopez, Christopher Darden and Me: Issues of Gender, Ethnicity and Class in Evaluating Witness Credibility.”  CRF (1999).

WEEKS TEN & ELEVEN: Legal Reform and Critical Race Theory Activism
Aleinikoff, T. Alexander.  “A Case for Race-Consciousness.”  Columbia Law Review (1991).
Culp, Jerome McCristal, Jr.  “Firing Legal Canons and Shooting Blanks: Finding a Neutral Way in the Law.”  St. Louis University Public Law Review (1991).
Lawrence, Charles R.  “The Id, the Ego and Equal Protection: Reckoning with Unconscious Racism.”  Stanford Law Review (1987).
Lee, Jayne Chong-Soon.  “Navigating the Topology of Race.”  CRT (1995).
Russell, Margaret M.  “Entering Great America: Reflections on Race and the Convergence of Progressive Legal Theory and Practice.”  Hastings Law Journal (1992).

WEEK ELEVEN:  Submission of Research Papers (Case Studies 3 & 4)

WEEK TWELVE: CASE STUDY #1:  Racial Profiling
hooks, bell.  “Representing Whiteness in the Black Imagination.”  CS
Kennedy, Randall.  Race, Crime and Law. (1997).
Press, Eyal.  “Does the Law Focus Too Much on Black Suspects – or Too Little on Black Victims?”  Lingua Franca, October 2000.
Russell, Margaret M.  “Entering Great America: Reflections on Race and the Convergence of Progressive Legal Theory and Practice.  Hastings Law Journal (1992).

WEEK THIRTEEN:  CASE STUDY #2:  Defining Whiteness
Bell, Derrick A., Jr.  “White Superiority in America: Its Legal Legacy, Its Economic Costs.”  Villanova Law Review (1988).
Frankenberg, Ruth.  White Women, Race Matters.  (1993).
Harris, Cheryl.  “Whiteness as Property.”  CRT
hooks, bell.  “Representing Whiteness in the Black Imagination.”  CS

WEEK FOURTEEN:CASE STUDY #3:  Boundary Drawing Among Communities of Color
Austin, Regina.  “The Black Community,” Its Lawbreakers and a Politics of Identification.  Southern California Law Review (1992).
Crenshaw, Kimberle Williams.  “Mapping the Margins: Intersectionality, Identity Politics and Violence Against Women of Color.”  CRT
Cordova, Theresa.  “Anti-Colonial Chicana Feminism.”  In:  Torres, Rodolfo D. and George Katsificas, Eds.  Latino Social Movements: Historical and Theoretical Perspectives (1999).
Johnson, Kevin J.  “Tensions and Differences within the Latino Community.”  LC
Oquendo, Angel.  “Re-imagining the Latino/a Race.”  LC
Valdes, Francisco.  “Notes on the Conflation of Sex, Gender and Sexual Orientation: A QueerCrit and LatCrit Perspective.”  LC

WEEK FIFTEEN:  CASE STUDY #4: The Future of Multiculturalism
Lee, Jayne Chong-Soon.  “Navigating the Topology of Race.”  CRT
Martinez, Elizabeth.  “Beyond Black/White: The Racisms of Our Time.”  LC
Piatt, Bill.  Black and Brown in America: The Case for Cooperation.  (1997).
Reed, Ishmael, Shawn Wong, Bob Callahan and Andrew Hope.  “Is Ethnicity Obsolete?”  In: Sollors, Werner, Ed.  The Invention of Ethnicity.  (1989).
Ramirez, Deborah A.  “It’s Not Just Black and White Anymore.”  LC
West, Cornel.  “The New Cultural Politics of Difference.”

WEEK SIXTEEN: Review for Final Exam
Submission of Research Papers (Case Studies 1 & 2)

This project is the primary group assignment for this course.  It accounts for 40% of your grade.  While each case study will be presented during the last month of the semester, students are responsible for working on the assignment throughout the semester, including completion of ALL assigned reading.  Common assigned readings are fair game for the final exam.

Each group will present a case study reflecting their research about the specific topic.  You will need to formulate an argument and defend it orally in front of the class.  On the day of the presentation, group members are responsible for leading the class; you are encouraged to be as creative as possible in convincing your audience of your argument.  Plan in advance as to whether your group will need any audio-visual materials (e.g. VCR, computer with Power Point, etc.).  If your group is unable to come to consensus on a single argument, you are permitted to stage a debate, with the audience empowered to challenge both sides of the debate.

This is a 75-minute class.  You will have 35 minutes to make your presentation, and the audience will have 30 minutes to question you.  They will have read some but not all of the same information that the group has read.  It is your responsibility (i.e. it will count towards your group’s grade) to ensure that all members of the group participate equally in all parts of the presentation and question/answer period.  Your classmates will also evaluate your performance, contributing 10% of your grade on this assignment.  Their questions also count towards their individual class participation grades.

CASE STUDY OPTIONS:
Case Study #1: Racial Profiling: More Than Driving While Black?
Case Study #2: Defining Whiteness: Does “Absence of Color” = “Absence of Ethnicity?”
Case Study #3: Boundary Drawing within Communities of Color: Perpetuating Oppression or Closing Ranks?
Case Study #4: The Future of Multiculturalism: Should We Leave Old Models Behind?

Lectures from the first half of the course will be posted here for the reference of students at the University of San Francisco enrolled in Politics 305, Critical Race Theory.  Please do not download them otherwise, as they are the intellectual property of Dr. Ange-Marie Hancock.

POLITICS 305                                                                                   CRITICAL RACE THEORY
 
 

The below annotated bibliography is for the use of university faculty interested in teaching critical race theory at the undergraduate level.  It depends heavily on several anthologies and an excellent annotated bibliography, all cited within.
 

2. Austin, Regina.  “The Black Community,” Its Lawbreakers and a Politics of Identification.  Southern California Law Review (1992).
In this article Austin details the navigation of essentialist assertions surrounding identification with and by the Black community.  This article explores a politics of identification that is delineated within a racial community on the basis of both class and gender, using persons considered to be “lawbreakers” as the primary subjects of study.  This article will contribute to case study #3, Boundary Drawing Within Communities of Color.

3. Barnes, Robin D.  “Race Consciousness: The Thematic Content of Racial Distinctiveness in Critical Race Scholarship.”  Harvard Law Review (1990).
Barnes identifies several distinguishing themes in recent critical race theory, including theories of dual consciousness, theory’s value to praxis, and the often unwitting compounding effect of differentiating characteristics upon racial oppression.  This article will serve as a lecture resource for introductory presentations about the broad themes within critical race theory.

4. Batstone, David and Eduardo Mendieta, Eds.  The Good Citizen.  (1999).
In this edited volume Batstone and Mendieta explore what it means to be an American citizen, using the contributions of several outstanding scholars.  For the purposes of this class, the introduction is useful, in addition to the following chapters: “Race at the End of History” (Ronald Takaki), Latina/o Identity Politics (Linda Martin Alcoff), and Becoming Citizens, Becoming Hispanics (Eduardo Mendieta).  The chapters will be integrated into the course readings for all students.

5. Bell, Derrick A., Jr.  “Does Discrimination Make Economic Sense?  For Some – it Did and Still Does.”  Human Rights (1988).
Bell argues that the original slavery compromises set precedent under which Black rights are repeatedly sacrificed to further White interests;  even those whites who lack wealth and power are sustained in their sense of racial superiority and thus are rendered more willing to accept economic subordination to the ruling White minority.  This article is written by one of the founders of critical race theory and will serve as required reading for all students in preparation for case study #2, Defining Whiteness.

6. Ibid.  Race, Racism and American Law (1992).
Bell’s casebook, now in its third edition, focuses on how race and American law mutually construct each other.  In a series of writings which accompany the selected cases, Bell uses historical, cultural, social-scientific, and legal analyses to discuss constitutional history, interracial sex / marriage, public facilities, voting rights, the criminal justice system, protest rights, school desegregation, fair housing and employment discrimination.  This book will assist legal studies students in particular with citations and references for research papers prepared for this course.

7. Ibid.  “Racial Realism.”  Connecticut Law Review (1992).
In this article Bell compares the current liberal understanding of civil rights with the view of law, which is dominated by “mechanical jurisprudence,” which prevailed before the advent of legal realism.  He argues that even favorable legal precedents cannot confine and prevent racism.  Acceptance and understanding of the approach of Racial Realism will enable African Americans and their allies to think, plan, and persevere even in the face of recurring defeats.  This article brings a critical race theory approach to a long-standing question of judicial politics: the power of courts to bring about social change.

8. Ibid.  “White Superiority in America: Its Legal Legacy, Its Economic Costs.”  Villanova Law Review (1988).
This article serves as a companion to the Human Rights article listed above.  It argues that white supremacy as reflected in the courts has resulted in the creation of a property interest in “Whiteness.”  This property interest sustains those Whites who lack power, making them more willing to accept their status.  Asserts that this belief in white superiority historically has resulted in the sacrifice of Black interests to further those of Whites.  Also discusses the economic costs of racism.  This article will be read by students (particularly legal studies students) who are working on case study #2, Defining Whiteness.

9. Bennett, Tony.  “Putting Policy into Cultural Studies.”  CS
This article looks specifically at how to infuse public policy and politics with political theory / cultural studies.  As such it is an important resource article for the course instructor.  It also may serve as an important contribution to case study #1: Racial Profiling.

10. Bernal, Martha E. and George P. Knight.  Ethnic Identity: Formation and Transmission Among Hispanics and Other Minorities.  (1993).
This book focuses on social psychological treatments of ethnic identity, particularly within the Latino community.  It will be particularly helpful for lectures focusing on the development of group identities and group consciousness which precedes commitment to participation in movements for social change.  It is less useful to students seeking to do research within the critical race theory framework.

11. Calmore, John O.  “Exploring the Significance of Race and Class in Representing the Black Poor.”  Oregon Law Review (1982).
This article displays an uncommon use of the intersectionality argument in its focus on the Black poor.  Calmore argues that historic and contemporary racism is the root problem for African Americans, but that the Black poor are doubly victimized by racism and classism.  He proposes a theory of equality of results that would serve as a unifying principle that both will mobilize blacks to improve education, housing, and employment opportunities and will compensate them for historic oppression.

12. Chabram-Dernersesian, Angie.  “I Throw Punches for My Race, but I Don’t Want to Be a Man: Writing Us – Chica-nos (Girl, Us)/ Chicanas – into the Movement Script.”  CS
This article uses poetry and art to demonstrate Chicana responses to the masculinist tendencies of the Chicano power movement.  It is suitable for both an exploration of ethnic identity politics and ethnic nationalism.  It will be used as part of case study #3: Boundary Drawing Within Communities of Color.

13. Chang, Robert S.  “Toward an Asian American Legal Scholarship: Critical Race Theory, Post-Structuralism, and Narrative Space.”  California Law Review (1993).
In this article Chang argues for attention to and inclusion of Asian American concerns within critical race theory.  Traditional civil rights work and analytical tools fail to address the experiences of Asian Americans with such oppressive cultural phenomena as the model minority myth, according to Chang.  What is required is attentiveness to diversity both within and among racial/ ethnic groups in legal scholars’ approaches to critical race theory.  Although a long article, it breaks new ground in centering the discussion upon Asian American experiences and as such will be included in the syllabus during the introductory section discussing the roots and boundaries of critical race theory.

14. Cohen, Cathy J.  The Boundaries of Blackness: AIDS and the Breakdown of Black Politics (1999).
In this book Cohen investigates the processes used to determine what issues affecting substantial numbers of African Americans can be called "`black issues,' deserving of attention, resources, and action on the part of other “black people." She specifically looks at why AIDS has been a neglected issue in the black community and why traditional black leaders have remained silent about the disease.  This outstanding analysis is an important contribution to the concept of secondary marginalization, and will serve as a resource for students preparing to present case study #3, Boundary Drawing Within Communities of Color.

15. Cole, David.  No Equal Justice.  (1999).
Cole’s book explores the institutional racism still present in the American criminal justice system, focusing on differential sentencing, arrest and prosecution practices.  It is an important resource for students preparing case study #1, Racial Profiling.

16. Conley, Dalton.  Honky.  2000.
This memoir by a professor of sociology discusses the constructions of race and ethnicity growing up as a minority of European-American descent in a majority African-American and Latino neighborhood in New York City.  It is an intensely personal journey that will contribute greatly to students preparing to present case study #2: Defining Whiteness.  The book will be required reading for all students assigned to that case study.

17. Cordova, Theresa.  “Anti-Colonial Chicana Feminism.”  In:  Torres, Rodolfo D. and George Katsificas, Eds.  Latino Social Movements: Historical and Theoretical Perspectives (1999).
This chapter gives a broad overview of Chicana feminist theory – from the perspective of its anti-patriarchal and anti-colonial roots.  She further outlines future challenges for Chicana feminists.  This article is a contemporary companion to the Chabram-Dernersesian article and will be used as a resource for case study #3: Boundary Drawing within Communities of Color.

18. Crenshaw, Kimberle Williams.  “Mapping the Margins: Intersectionality, Identity Politics and Violence Against Women of Color.”  CRT
Crenshaw articulates the importance of an intersectional approach to legal concepts of race, gender and class identity.  Without such approaches, legally and politically relevant intragroup differences are ignored, to the detriment of those seeking justice.  She uses the racially and ethnically distinct experiences of female victims of sexual and domestic violence to prove her point.  This article will be part of case study #3, Boundary Drawing Within Communities of Color.

19. Ibid.  “Demarginalizing the Intersection of Race and Sex: A Black Feminist Critique of Antidiscrimination Doctrine, Feminist Theory and Antiracist Politics.”  FLT
In this seminal article Crenshaw outlines the legal ramifications of categories which ignore multiple, intersecting identities.  Using the examples of women of color seeking legal relief from employment discrimination, she critiques both feminist and antiracist approaches to the law.  This article will be assigned to all students under the course section on intersectionality, but also demonstrates the material effects of legal categories elaborated by Harris and Torres/Milun.  It will lastly contribute to case study #3, Boundary Drawing Within Communities of Color.

20. Culp, Jerome McCristal, Jr.  “Diversity, Multiculturalism and Affirmative Action:  Duke, the NAS, and Apartheid.”  DePaul Law Review (1992).
Culp points out that racial categories and consciousness are double-edged swords.  They may increase oppression and reinforce harmful stereotypes.  Nevertheless, they may also promote desirable solidarity on the part of people of color and spark social change.  Using several examples, he emphasizes the need for candid, thoughtful, and constructive dialogue that respects differing viewpoints without surrendering personal beliefs.  This article will be used as an introductory lecture resource, perhaps for discussion in class among students.

21. Ibid.  “Firing Legal Canons and Shooting Blanks: Finding a Neutral Way in the Law.”  St. Louis University Public Law Review (1991).
In this article, Culp argues that there is no agreed legal scholarly paradigm and that the search for one is likely to be futile given the diversity of views.  He contends that it is important that the canon contain racial and other views – even ones that seem unscholarly, like anger.  Further asserts that because of the heterogeneity of views, the most a system of selection can do is judge works and ideas consistently on their own terms.

22. Delgado, Richard.  “Critical Legal Studies and the Realities of Race – Does the Fundamental Contradiction Have a Corollary?” Harvard Civil Rights / Civil Liberties Law Review  (1988).
Delgado argues that a structural feature of human experience separates people of color from their friends of majority race. Whites rarely notice acts of subtle or even blatant racism, whereas persons of color see or suffer them all the time. Looking at this contradiction, he attempts to show how the recharged quality of the world in which minority people lives affects the way that they strike various balances between formal protection (e.g., rights) and nonformal community.  This article will serve as a lecture resource, perhaps as a foundation for an in-class discussion among students.

23. Ibid.  “Storytelling for Oppositionists and Others: A Plea for Narrative.”  Michigan Law Review (1989).
Delgado takes the narrative work of Derrick Bell and others and examines their usefulness for racial reform.  Specifically, it argues that stories construct social reality by providing interpretive structures by which people organize their experiences, and offers several examples of this phenomenon.  He concludes with the assertion that there is a strong case for advocating counter-storytelling as a method of challenging stock stories and preparing the way for new stories.  This article is a resource article for the instructor concerning one of the primary themes of critical race theory: the use of alternative methods of description and information gathering as a critical part of restructuring legal arenas in more egalitarian ways.

24. Delgado, Richard and Jean Stefancic.  “Images of the Outsider in American Law and Culture: Can Free Expression Remedy Systemic Social Ills?”  Cornell Law Review (1992).
Delgado and Stefancic review depictions of racial minorities in American popular culture over two centuries, revealing that in each era the dominant images of minorities have been negative and demeaning.  The article argues that the marketplace of free speech intensifies rather than relieves the predicament of minority groups.  An important counterargument to civil libertarians, who posit that more speech is an effective remedy to the material effects of speech and other civil rights violations.  This article will serve as a resource for the instructor; it contains an excellent bibliography of writings concerning ethnic imagery.

25. Ibid.  “Critical Race Theory: An Annotated Bibliography.”  Virginia Law Review (1993).
This excellent bibliography provided many of the initial citations for this grant.  It is focused, however on critical race theory in the area of legal studies, and thus is most suitable for those types of sources.  Cultural studies and political theory are two disciplines given short shrift in this article.  Much has also come out in critical race theory since 1993, so it is also important to use alternative citation measures.

26. Dobratz, Betty A. and Stephanie L. Shanks-Meile.  The White Separatist Movement in the United States.  (1997).
This book provides a chilling contemporary analysis of the White separatist movement, based on over 100 interviews and participant observation experiences.  It is useful for background concerning resistance to the study of “whiteness” and the necessary distinction between the academic discipline of critical whiteness studies and the White separatist movement.

27. Ewick, Patricia and Susan S. Silbey.  “Subversive Stories and Hegemonic Tales: Toward a Sociology of Narrative.”  Law and Society Review (1995).
Ewick and Silbey outline a sociology of narrative in this article, outlining the role of narrative in various social contexts.  Because narratives are situationally produced and interpreted, they have no necessary political valence but depend on the particular context and organization of their production for their political effect.  This article serves as a background resource for the instructor and joins the Delgado piece, “Storytelling for Oppositionists and Others” as commentary on a theme of critical race theory that is not covered comprehensively in the seminar: the importance of alternative narratives for transforming oppressive structures.

28. Ford, Richard Thompson.  “The Boundaries of Race: Political Geography in Legal Analysis.” CRT
Ford’s article argues for a version of cultural pluralism in future conceptions of race built upon the argument that categories are socially constructed, heterogeneous and dynamic.  His focus upon local sovereignty links with Bill Piatt’s book on coalition building among communities and peoples of color in urban contexts.  It will contribute to case study #4.  The Future of Multiculturalism.

29. Frankenberg, Ruth.  White Women, Race Matters.  (1993).
Frankenberg explores the boundaries of women’s solidarity by interviewing European-American women about their experiences with people of color and their ambivalence about racial equality.  It will serve as important resource reading for students preparing for the presentation of case study #2, Defining Whiteness.

30. Garcia, Ruben J.  “The Racial Politics of Proposition 187.”  LC
This chapter explores the racial politics underlying the passage of Proposition 187.  It first explores the historical intertwined nature of immigration law, politics, and racial prejudice.  It gives a historical grounding to the more contemporary debate.  It is a good suggested first foray for students studying the passage of Proposition 187 from a critical race theory perspective, in conjunction with Johnson’s “Immigration Politics, Popular Democracy and California’s Proposition 187.

31. Gates, Henry Louis.  “Let Them Talk.”  The New Republic, (September 1993).
In this article Gates reviews Words That Wound: Critical Race Theory, Assaultive Speech and the First Amendment (Matsuda et al.).  His critiques are couched primarily in opposition to their position that free speech is limitable based on its injury to victims of such talk.  For this reason, students conducting research on hate speech regulations in the area of critical race theory are encouraged to read both the book itself and this critique for a comprehensive coverage of the topic.

32. Gilroy, Paul.  The Black Atlantic: Modernity and Double Consciousness.  (1993).
Gilroy’s book argues for a construction of the Black community that extends across nations and regions and is focused on a migratory experiences with the Atlantic ocean.  He builds a persuasive case for defining Blackness in this way while being attentive to differences among national identities.  This book is an important resource for students conducting research on the tension between essentialism and multiple identities.

33. Glazer, Nathan and Daniel P. Moynihan, Eds.  Ethnicity: Theory and Experience.  (1975).
This book will serve as a resource for the instructor regarding earlier social scientific constructions of ethnicity.  Since it has not been updated in a more recent edition, it is of limited use to students taking the course.

34. Gotanda, Neil.  “A Critique of ‘Our Constitution is Color-Blind.”  Stanford Law Review (1991).
Gotanda argues that the Supreme Court’s “color-blind” approach to constitutional law promotes white supremacy.  Using several recent Supreme Court opinions that cite a color-blind norm, he examines how various types of color-blindness promote the subordination of people of color and concludes by suggesting alternative modes of judicial interpretation that would diminish current white supremacy. This article, though somewhat dense, provides an important rebuttal to color-blind legal arguments.  It will serve as a lecture resource, or recommended reading for legal studies students.

35. Gotanda, Neil.  “Other Non-Whites” in American Legal History: A Review of Justice at War.”  Columbia Law Review (1985)
In this book review, Gotanda criticizes author Peter Irons for failing to place the racism of attorneys and officials involved in the Japanese internment cases in the larger setting of racism against “Other Non-Whites.”  The concentration camp cases illustrate the historical association often drawn between “non-white” and “foreign.”  He argues that a closer examination of the opinions in light of this point would; confront more truthfully racially conditioned governmental actions.  This article, as a book review, presents an important argument that should be included about the experiences of Japanese Americans in the internment camps from a critical race theory perspective.  It will serve as a resource for those students interested in further information about this specific incident, or related incidents as part of their case studies or research papers.

36. Green, Dwight L.  “Abusive Prosecutors: Gender, Race and Class Discretion and the Prosecution of Drug-Addicted Mothers.”  Buffalo Law Review (1991).
Dwight Greene criticizes the lack of information available on prosecutorial discretion, a mechanism that often leads to gender and race biases in choosing which suspects are prosecuted.  The plight of mothers of color who are prosecuted for delivering drugs to their unborn children is highlighted as an area particularly prone to bias.  This article is related to another book and book chapter by Dorothy Roberts, “Punishing Drug Addicts Who Have Babies: Women of Color, Equality and the Right of Privacy” (CRF).  Students interested in this topic (or in the topic of differential arrests and sentencing more generally) will be encouraged to read all three pieces for a comprehensive presentation of the subject.

37. Greene, Linda S.  “Multiculturalism as Metaphor.”  DePaul Law Review (1992).
Linda Greene argues that the Supreme Court has failed to enforce equality and inclusion principles, to the point of thwarting fulfillment such values.  In lieu of such action, the role of non-judicial institutions in defining principles of equality has increased.  She analyzes advocates and critics of multiculturalism as a lens for this discussion.  This may serve as background reading for students preparing case study #4: The Future of Multiculturalism.

38. Hannaford, Ivan.  Race: The History of an Idea in the West.  (1996).
This book traces the ideas and ideologies of race to the very origins of Western thinking, suggesting that while pivotal, it is not a universal idea.  In this sense Hannaford’s findings echo related findings of critical theorists – that racial concepts are largely constructions of specific sociopolitical contexts.  This book will serve as a lecture resource for the instructor in preparation of introductory lectures on the concept and history of “race” as a sociopolitical category of analysis.

39. Harris, Angela.  “Foreword: The Jurisprudence of Reconstruction.”  California Law Review (1994).
In this article Harris discusses the origins of critical race theory, its distinctions from critical legal studies and its general purpose at the time of its coalescence into a field of study in the late 1980s.  It will be used as an excellent resource in preparation of initial lectures about critical race theory for the seminar.

40. Ibid.  “Race and Essentialism in Feminist Legal Theory.”  FLT
Harris argues that gender and racial essentialism silence those who traditionally have been prevented from speaking out.  In particular, she criticizes the writings of Robin West and Catharine MacKinnon for implicitly assuming the commonalty of all women.  She then recommends various methods to move beyond essentialism.  This article will serve as a resource for the section of the class dedicated to the exploration of intersectionality, an approach to which critical race theorists have contributed path-breaking work.

41. Harris, Cheryl.  “Whiteness as Property.”  CRT
This article combines the history of American associations of property rights with racial identity.  From both a legal and historical perspective, Harris traces this relationship and considers the potential of affirmative action as an intervention that would destabilize this relationship.  This article will be a resource for case study #2: Defining Whiteness.

42. Harris, Luke Charles and Uma Narayan.  “Affirmative Action and the Myth of Preferential Treatment: A Transformative Critique of the Terms of the Affirmative Action Debate.”  Harvard BlackLetter Journal (1994).
In this article the authors use a critical approach to challenge the terms of and resistance to affirmative action policies, using the case of African Americans’ benefit from such programs as their primary example.  This very accessible article is an excellent resource for students conducting research on the affirmative action debate from a critical race theory perspective.  It also reflects competing views of affirmative action within the African-American community, a welcome addition to the discourse.

43. Hernandez-Truyol, Berta Esperanza.  “Building Bridges: Latinas and Latinos at the Crossroads.”  LC
In this chapter the author argues for a multiple-perspective approach to Latino/a identity.  Such an approach “promotes understanding instead of generating conflict.”  This chapter is an accessible commentary on intersectionality and will be used in the readings assigned covering intersectionality.

44. Ibid.  Natives and Newcomers.  LC.
In this chapter the author explores the lines drawn between those assumed to be native-born and those assumed to be “foreign.”  It gives a brief background for such constructions and looks further at nativist trends in the contemporary era.  The article is brief and accessible and a possible reading for the seminar.

45. hooks, bell.  “Representing Whiteness in the Black Imagination.”  CS
An accessible article which describes “whiteness” from the perspective of an African-American woman.  It will be an appropriate supplement to more recent work in critical studies of whiteness.  It will also be used as  part of case studies 1 and 2: Racial Profiling and Defining Whiteness.

46. Horsman, Reginald.  Race and Manifest Destiny:  The Origins of American Racial Anglo-Saxonism.  (1981).
This book chronicles the American constructions of race in conjunction with the expansionist policy of Manifest Destiny in the mid-nineteenth century.  It is a good historical resource for students interested in some of the international implications of American racialism in the 1840s and 1850s.

47. Iglesias, Elizabeth.  “Maternal Power and the Deconstruction of Male Supremacy.” LC
In this excerpt from a larger piece, Iglesias uses intersectional analysis to demonstrate that the supposed link between maternal power and male supremacy requires critical investigation.  She argues that after deconstructing the relationship between the concepts, more affirmative narratives of maternal power are possible.  This article demonstrates effectively the importance of intersectional analyses and will be required reading for all students in anticipation of case study #3: Boundary Drawing Within Communities of Color.

48. Jennings, James.  Blacks, Latinos, and Asians in Urban America: Status and Prospects for Politics and Activism.  (1994).
This edited volume provides a more social scientific approach to critical race theory – by analyzing the potential for political coalitions among urban minority populations.  Manning Marable’s chapter: “Building Racial Coalitions among Communities of Color,” will serve as a resource for students preparing case study #4: The Future of Multiculturalism.

49. Johnson, Allan G.  Privilege, Power and Difference.  (2001).
This textbook is designed to spark discussion among students about the challenge of diversity and multiculturalism.  It will be used in this course to obtain brief readings to focus class discussion, particularly in preparation for the presentation of case study #4: The Future of Multiculturalism.

50. Johnson, Kevin R.  “Immigration Politics, Popular Democracy and California’s Proposition 187.”  LC
This article gives a broad, accessible overview of the passage of Proposition 187 in California.  It is suitable as the first resource for students seeking to study proposition 187 from a critical race theory perspective.  It would accompany Ruben J. Garcia’s “The Racial Politics of Proposition 187.”

51. Ibid.  “The Intersection of Immigration Status, Ethnicity, Gender and Class.”  LC
This brief excerpt from a larger piece uses an intersectional approach to analyzing immigration statistics and policy.  It will serve as an entrée for students into the importance of intersectional analysis, a key theme in critical race theory.

52. Ibid.  “Tensions and Differences within the Latino Community.”  LC
Johnson explores the ideological, political, and physical diversity of the Latino/a community.  This brief excerpt from a larger piece will be required reading for all students in anticipation of the presentation of case study #3: Boundary Drawing Within Communities of Color.

53. Karst, Kenneth L.  “Paths to Belonging: The Constitution and Cultural Identity.”  North Carolina Law Review (1986).
Karst contributes an article which focuses on the underrepresented experiences of immigrants in addition to cultural/ethnic minorities.  He analyzes the two primary alternatives: assimilation or group solidarity, arguing that constitutional culture did much to aid distinct groups by ensuring tolerance of cultural differences and equal citizenship.  This article raises the experiences of immigrants, which is missing from much of the scholarship presented in this bibliography.  It will serve as an important resource in this regard.

54. Kennedy, Randall.  “Persuasion and Distrust: A Comment on the Affirmative Action Debate.”  Harvard Law Review (1986).
In this article Kennedy posits some of his controversial views on affirmative action which are discussed and debated among many critical race theory scholars in other articles on this bibliography.  This piece provides students with a balanced view of the arguments surrounding affirmative action, offering Kennedy in his own words rather than those of other scholars.

55. Ibid.  Race Crime and Law. (1997).
Kennedy outlines his theories of criminal justice which focus upon placing Black crime victims at the center of the analysis.  In this way he attempts to explain the need for tougher crime policies and their contributions to Black communities held hostage by the illicit drug trade, among other criminal enterprises.  These controversial stands are discussed in the Press article and are challenged by other scholars such as David Cole.

56. Lam, Maivan Clech.  “The Kuleana Act Revisited: The Survival of Traditional Hawaiian Commoner Rights in Land.”  Washington Law Review (1989).
Lam analyzes the historical context of the Kuleana Act of 1850 and case law since its passage.  Pointing out that the act may have been well intentioned, the author argues that  it ignored indigenous Hawaiian principles of land use.  The article then suggests that the traditional approach to land rights survives the system imposed by the Kuleana Act and Western demands, thus Hawaiian land must now be reassessed and granted to the descendants of the earlier commoners.

57. Lawrence, Charles R.  “The Id, the Ego and Equal Protection: Reckoning with Unconscious Racism.”  Stanford Law Review, (1987).
In this article Lawrence seeks to demonstrate the prevalence of unconscious racism.  Using the case of Washington v. Davis, he argues that its finding (that a racially discriminatory purpose be proven in each case) is inadequate to deal with unconscious racism and proposes an alternative legal test.  This article would be a good companion for legal studies students who are also reading Delgado’s study, “Critical Legal Studies and the Realities of Race.”

58. Ibid.  “If He Hollers Let Him Go: Regulating Racist Speech on Campus.”  Duke Law Journal (1990).
Lawrence, a professor at Stanford University, presages his work with Matsuda, Delgado and Crenshaw in Words that Wound (1994) in this article.  It centers upon an elaboration and critique of traditional civil libertarian positions regarding hate speech, particularly with regard to racist hate speech on college campuses.  Students who are conducting research in the area of remedies for hate speech will be referred to this article as a companion to Words That Wound and “Let Them Talk” (Gates).

59. Lee, Jayne Chong-Soon.  “Navigating the Topology of Race.”  CRT
Lee raises important questions for legal redress of institutional racism in this piece.  Recognizing the importance of agency and the power of stereotyping, Lee argues for strategic deployment of race in legal and political theory to avoid a stagnating conundrum.  This article, along with the Ford and West articles (and if applicable Spivak / Gunew) contribute to case study #4, The Future of Multiculturalism.

60. Lopez, Gerald P.  “The Idea of a Constitution in the Chicano Tradition.”  Journal of Legal Education.  (1987)
Lopez discusses the idea of a constitution from a Chicano perspective, arguing that a constitution is often not a healing tool from this vantage point but rather a source of injury.  The article  further discusses the importance of struggle in the development of a constitution.

61. Lopez, Ian F. Haney.  “Race and Erasure: The Salience of Race to Latinos/as.”  LC
In this chapter Lopez explores the utility of racial analyses for the legal experiences of Latinos/as.  This excerpt from a larger piece argues that scholars of LatCrit (Latino Critical Race Theory) should use race as a lens and language to explore the Latino/a experience in the United States.  It will assist students interested in studying Mexican and Mexican-American identity.

62. Malcolmson, Scott.  One Drop of Blood: The American Misadventure of Race. (2000).
In this book Malcolmson traces the history of racial constructions throughout American history – particularly the categories applied to African-Americans, Native Americans and European-Americans.  This very accessible, journalistic book will serve as a reading resource for students working on case study #2, Defining Whiteness.

63. Martinez, Elizabeth.  “Beyond Black/White: The Racisms of Our Time.”  LC
In this chapter Martinez argues that the analysis of racism and oppression should be expanded beyond the Black/White model to include the experiences of Latinos, Asian/Pacific Islander Americans, Native Americans and persons of mixed descent.  This selection will be required reading for all students in preparation for the presentation of case study #4, The Future of Multiculturalism.

64. Matsuda, Mari J.,  Law and Culture in the District Court of Honolulu, 1844-1945: A Case Study of the Rise of Legal Consciousness.”  American Journal of Legal History (1988).
Matsuda examines nineteenth century Hawaiian law and discusses several ways in which Western legal thought eventually altered Hawaiian culture, including changing notions of property rights and dispute resolution.  She notes also that Hawaiians were active participants in the new order that resulted.  This article would serve as a more general companion to that of Maivan Lam, “The Kuleana Act Revisited: The Survival of Traditional Hawaiian Commoner Rights in Land.”

65. Ibid.  “Looking to the Bottom: Critical Legal Studies and Reparations.”  CRT
This article proposes a specific approach to social justice that is generally accepted in critical race theory.  “Looking to the bottom” involves the adoption of the perspectives of those who possess concrete experiences of oppression as a way to develop new, more liberatory theories of justice.  Matsuda then uses the approach to develop a theory of reparations for Japanese-Americans and Hawaiians.  This article is an important epistemological and methodological elaboration which demonstrates critical race theory’s debt to feminist calls for grounding theory in real-world experiences.

66. Matsuda, Mari J., Charles R. Lawrence III, Richard Delgado and Kimberle Williams Crenshaw.  Words That Wound: Critical Race Theory, Assaultive Speech and the First Amendment.  (1993)

In this book, four of the most prominent scholars of critical race theory draw on the experience of injury from racist hate speech to develop a first amendment interpretation that recognizes such injuries. In their critique of "first amendment orthodoxy," the authors argue that only a history of racism can explain why defamation, invasion of privacy, and fraud are exempt from free-speech restrictions.  Matsuda et al. take on civil libertarians in this book, delivering an alternative model for first amendment protections.  It will serve as a recommended resource for students conducting research on Hate Speech and possible first amendment violations, along with a lengthy critique from Henry Louis Gates of their approach.

67. Mendez, Miguel.  “Lawyers, Linguists, Story-Tellers and Limited English-Speaking Witnesses.”  LC
This chapter gives further insight to the general problem of court interpretation with limited English-Speaking witnesses.  It will serve as a companion to Maria Ontiveros’ piece, “Rosa Lopez,  Christopher Darden, and Me” for students interested in the problems associated with English barriers.

68. Montoya, Margaret E.  “Masks and Identity.”  LC
In this chapter, which is a condensed version of a larger legal article, Montoya argues for the usage of new discursive formats, including narratives, to access the experiences of Latinas living in the United States.  This is a very accessible chapter for students interested in exploring various narratives.

69. Olivas, Michael A.  “The Chronicles, My Grandfather’s Stories and Immigration Law: The Slave Traders Chronicle as Racial History.”  St. Louis University Law Journal (1990).
Olivas recounts stories told by his grandfather to illustrate how stories build solidarity among outgroups and cast doubt on comforting majoritarian myths.  Through stories of Native American removal, mistreatment of Chinese laboreres, Bracero programs and racist immigration quotas he demonstrates that the United States has often ignored the rights of minority groups for psychic or pecuniary advantage.  This article represents a review of what students should have learned in Race and Ethnicity in American Politics, but from a critical race theory perspective.  It would serve then as a review article for the beginning of the semester.

70. Ontiveros, Maria.  “Rosa Lopez, Christopher Darden and Me: Issues of Gender, Ethnicity and Class in Evaluating Witness Credibility.”  CRF
Ontiveros challenges the media’s disparaging depiction of Lopez by providing alternate interpretations of the difficulties from translating Spanish into English.  Using the trial of O.J. Simpson, Ontiveros illustrates the importance of an intersectional approach that addresses race, class and gender.

71. Oquendo, Angel.  “Re-imagining the Latino/a Race.”  LC
In this chapter Oquendo challenges racial subcategories within the Latino community.  Using personal narrative as part of his presentation, he argues for ending the use of subcategories such as “Black Hispanics” and “White Hispanics.”  This chapter will contribute to case study #3, Boundary Drawing Within Communities of Color.

72. Perlmutter, Philip.  Legacy of Hate: A Short History of Ethnic, Religious, and Racial Prejudice in America.  (1999).
This book is a revision of Perlmutter’s earlier tome: Divided We Fall: A History of Ethnic, Religious and Racial Prejudice in America.  Perlmutter carries out his research in the spirit of critical race theory, focusing on the sociopolitical contexts to explain where and why various groups encountered prejudice and discrimination and how their experiences continue to shape the political context in which we all live.  It is a good general resource for background information to students interested in specific ethnic groups.

73. Piatt, Bill.  Black and Brown in America: The Case for Cooperation.  (1997).
This book (which is excerpted in LC) gives a historical analysis of tensions between African Americans and Latinos/as in the service of an argument for coalition building.  It will serve as a resource for case study #4, The Future of Multiculturalism.  The excerpt in LC, “Origins of Black/Brown Conflict,” will be required reading for all students in anticipation of the case study presentation.

74. Press, Eyal.  “Does the Law Focus Too Much on Black Suspects – or Too Little on Black Victims?”  Lingua Franca, October 2000.
This article outlines the distinctive positions of David Cole and Randall Kennedy regarding the issue of race and crime.  It will be a required reading assignment for all students in preparation for case study #1: Racial Profiling.

75. Ramirez, Deborah A.  “It’s Not Just Black and White Anymore.”  LC
In this chapter Ramirez argues that the analysis of racism and oppression should be expanded beyond the Black/White model to include the experiences of Latinos, Asian/Pacific Islander Americans, Native Americans and persons of mixed descent.  She coins this paradigm, “multicultural empowerment.”  This selection will be required reading for all students in preparation for the presentation of case study #4, The Future of Multiculturalism.

76. Reed, Adolph.  W.E.B. DuBois and American Political Thought: Fabianism and the Color Line.  (1997).
This recent book by prominent Marxist and critical theorist Adolph Reed presents a sophisticated treatment of DuBois’ philosophical development.  This book is an excellent resource for a strong student with interests in African-American political thought from a critical theoretical perspective.

77. Reed, Adolph and Julian Bond.  “Equality: Why We Can’t Wait.”  The Nation (December 1991).
In this article Reed and Bond make a critical distinction for the study of race from a critical theory approach.  They note that authors who make race as the pivotal issue often differ in political goals and findings from those who make racism the pivotal issue.  That logic exemplifies the commitment to critical race theory approaches as committed to social justice beyond intellectual interest.

78. Rivera, Jenny.  “Domestic Violence against Latinas by Latino Males: An Analysis of Race, National Origin and Gender Differentials.”  CRF
Rivera focuses on the abuse syndrome in the Latino community, providing concrete suggestions for reform based on an intersectional analysis of the multiple barriers Latinas face.  Her focus on domestic violence can be tied with Kimberle Crenshaw’s article, “Mapping the Margins.”  Her focus on Latinas can be linked with the Chabram-Dernersesian article, “I Throw Punches for My Race, but I Don’t Want to Be a Man.”

79. Roberts, Dorothy.  “Punishing Drug Addicts Who Have Babies: Women of Color, Equality and the Right of Privacy.”  CRF
Roberts explores the disproportionate number of African-American women who are prosecuted for the crime of using drugs while pregnant, arguing that such prosecutions continue the historic devaluing of Black motherhood.  As opposed to a strict civil rights approach, Roberts explores the area of privacy rights as a resource for defending against such prosecutions, which deter women from seeking prenatal care.

80. Ibid.  Killing the Black Body: Race, Reproduction and the Meaning of Liberty.  (1997)
In this book Roberts expands her earlier focus on prosecutions of Black women using drugs to the assault on the reproductive rights of Black women more generally.  She focuses on several areas of reproductive rights, including forced reproduction during slavery, forced sterilization during Jim Crow, contraceptive access and abortion rights.  This book provides important background for students interested in reproductive rights analysis using an intersectional approach.

81. Russell, Margaret M.  “Entering Great America: Reflections on Race and the Convergence of Progressive Legal Theory and Practice.  Hastings Law Journal (1992).
Russell discusses ways that the work of critical race scholars and progressive activists can be mutually beneficial.  As an example she cites the increasing use by businesses and policy of “gang profiling” to label young African-American, Latino, and Asian-American males as “dangerous” based on their appearance and demeanor.  This article will serve as an excellent, multicultural resource for case study #1: Racial Profiling.

82. Sanchez-Tranquilino, Marcos and John Tagg.  “The Pachuco’s Flayed Hide: Mobility, Identity and Buenas Garras.”  CS
A possible resource article for students interested in more specialized work in Chicano identity – specifically, the use of Pachuco identity as a subset of Chicano identity.  It also briefly addresses the cultural wing of the Chicano movement.

83. Selmi, Michael.  “Testing for Equality: Merit, Efficiency and the Affirmative Action Debate.”  UCLA Law Review (1995).
In this article Selmi explores the prevailing assumptions of the affirmative action debate, particularly surrounding arguments for merit-based evaluations in the form of employment testing.  Insodoing, he explodes the myth that affirmative action programs necessarily lead to less-qualified employees’ selection over their more-qualified (and ergo competent) counterparts.  This article will be used as a reference for students interested in conducting research surrounding the affirmative action debate from a critical race theory lens.

84. Sollors, Werner, Ed.  The Invention of Ethnicity.  (1989).
This edited volume focuses on ethnicity as a societal “invention,” and focuses largely on a broad range of constructions of ethnicity – across race and history.  In particular, this book contributes chapters which serve as possible resources for students preparing to present case study #2: Defining Whiteness.  It also contains a chapter to be used for class discussion, “Is Ethnicity Obsolete?”

85. Spinner, Jeff.  The Boundaries of Citizenship: Race, Ethnicity and Nationality in the Liberal State.  (1994).
This book focuses on the political thought behind the boundaries of citizenship, marking it as a good accompaniment to Batstone and Mendieta’s The Good Citizen.  It is less helpful to this class due to its focus on several religious groups, including the Amish and the Hasidim, but for interested students it may provide a thought-provoking treatment of how citizenship is constructed to set boundaries that keep others out.

86. Spivak, Gayatri Charkravorty and Sneja Gunew.  “Questions of Multiculturalism.”
An advanced critical race theory article discussing the current political implications asserting power – power of speech, listening, and democratic attention.  This article has possible links for a discussion of democratic theory – who speaks, as whom, under what conditions, with/out what authority?  For a capable class, this article could contribute to case study #4, The Future of Multiculturalism.

87. Stirk, Peter M.R.  Critical Theory, Politics and Society: An Introduction.  (2000).
This book was originally ordered as a possible textbook to introduce students to the broader area of critical theory.  While not accessible to most undergraduate students, the book will serve as an important introductory lecture resource for the instructor about critical theory and its roots.

88. Strickland, Rennard.  “Genocide-At-Law: An Historic and Contemporary View of the Native American Experience.”  Kansas Law Review (1986).
Strickland emphasizes the degree to which federal law permeates Native American life and discusses the role of today’s progressive lawyer in pressing claims on behalf of Native Americans.  He further urges respect for Native American traditions and world-views that appear to contradict contemporary ideas of progress and enlightenment, pointing out that Native American though contains much that Western culture needs today.  This article serves as a general review of contemporary Native American concerns from a legal perspective.

89. Ibid.  “Indian Law and the Miner’s Canary:  The Signs of Poison Gas.”  Cleveland State Law Review (1991).
Here Strickland focuses more specifically on American Indian law and its cyclical nature.  This body of law serves both as an instrument of cultural preservation and as one of genocidal homogenization.  This article will serve as a springboard for discussions regarding essentialism, one of the most important themes of critical race theory.

90. Terry, Robert.  For Whites Only.  (1970).
This book represents one of the oldest progressive approaches to the study of whiteness from a political perspective.  It can serve as background reading for students preparing for case study #2: Defining Whiteness.

91. Torres, Gerald.  “Critical Race Theory: The Decline of the Universalist Ideal and the Hope of Plural Justice – Some Observations and Questions of an Emerging Phenomenon.”  Minnesota Law Review (1991).
This more theoretical article discusses the history of the cultural nationalism movement and compares their influence to that of political interest groups.  He argues that reducing the status of cultural pluralism to a political interest too narrowly constructs the broad differences among cultural groups.  Instead, he urges that pluralism and postmodern politics be redefined to incorporate differences within society without requiring universal “sameness” or one totalizing notion of justice.  This article will join the Karst article, “Paths to Belonging: The Constitution and Cultural Identity” for a discussion among students interested in alternative responses to oppression.

92. Torres, Gerald and Kathryn Milun.  “Translating ‘Yonnondio’ by Precedent and Evidence: The Manshpee Indian Case.”  CRT
This article focuses on the case of the Mashpee Indian tribe to demonstrate the symbolic and material power of legal categories to construct social reality.  This article would join Harris’ “Whiteness as Property,” and other readings regarding the concept of boundary drawing for case study #3: Boundary Drawing Within Communities of Color.

93. Valdes, Francisco.  “Notes on the Conflation of Sex, Gender and Sexual Orientation: A QueerCrit and LatCrit Perspective.”  LC
In this chapter Valdes argues for an intersectional approach within the areas of queer critical theory and Latino critical race theory.  This brief article will be required reading for all students to expand the definitions of intersectional analysis (beyond the traditional race, class and gender) in preparation for the presentation of case study #3: Boundary Drawing Within Communities of Color.

94. Wallace, Michele.  “Towards a Black Feminist Cultural Criticism.”  CS
This article uses popular culture as a lens to explore the challenges Black feminists face in cultural production within and outside of the Black community.  A possible resource article relevant to discussions of intersectionality.

95. West, Cornel.  “The New Cultural Politics of Difference.”
This article by West focuses on the link between theory and practical, participatory democratic politics.  Using the Black diaspora as an exemplar, West outlines the intellectual, existential and political challenges for the new cultural politics of difference.  It also addresses the importance of coalition politics.  This article is a more accessible contribution to case study #4, The Future of Multiculturalism.

96. Williams, Patricia J.  “Fetal Fictions: An Exploration of Property Archetypes in Racial and Gendered Contexts.”  Florida Law Review  (1990).
Using anecdotes, Patricia Williams analyzes the tension that exists between freedom of contract and the idea of equality.  She discusses current notions of property and argues for “self-possession” the desirable combination of social interaction and legal interaction in order to produce outcomes of equality.

97. Williams, Robert A.  “The Algebra of Federal Indian Law: The Hard Trail of Decolonizing and Americanizing the White Man’s Indian Jurisprudence.”  Wisconsin Law Review.  (1986).
Williams, a noted scholar of Indian law, argues that legal myths derived from European colonial history provided the basis for nineteenth-century colonization of American Indian lands.  Analyzes the modern day effects of these myths, particularly with reference to the Burger Court.  This article, along with others by Robert Williams, would join those of Strickland for students interested in American Indian law, along with the books, Race and Manifest Destiny: The Origins of American Racial Anglo-Saxonism (Reginald Horsman) and Manifest Destiny and Mission in American History (Frederick Merk).

98. Ibid.  The American Indian in Western Legal Thought: The Discourses of Conquest.  (1990).

Robert Williams’ book traces the development in legal discourse of justificatory notions of American Indians as “heathens” and “barbarians” from medieval times to the present.  He further calls for the throwing off the chains of Eurocentric constructions and recognition of the inherent rights of cultural dignity and sovereignty that indigenous peoples possess.  As noted above, this book would join with others previously cited as resources for students interested in American Indian law from a critical race theory perspective.

99. Ibid.  “Encounters on the Frontiers of International Human Rights Law: Redefining the Terms of Indigenous Peoples’ Survival in the World.  Duke Law Journal (1990).

Williams discusses the historical rationalizations for the oppression of indigenous peoples.  He praises the steps taken by the United Nations Working Group on Indigenous Populations and the draft of the University Declaration on Rights of Indigenous Peoples.  This article looks at indigenous people’s rights from a human rights perspective, which is different from the other critical race theory approaches noted above.

100. Ibid.  “Gendered Checks and Balances: Understanding the Legacy of White Patriarchy in an American Indian Cultural Context.”  Georgia Law Review (1990).
Williams here extends Mari Matsuda’s analysis in “Looking to the Bottom” of outsider jurisprudence into aspects of American Indian culture, urging that a plurality of perceptions replace unstated white patriarchal interpretation infected by racism, sexism, colonialism, and homophobia.  In so doing Williams seeks to defend Native American culture from criticism that it embraces skewed gender roles.

101. Ibid.  “Taking Rights Aggressively: The Perils and Promise of Critical Legal Theory for Peoples of Color.”  Law and Inequality Journal (1987).
Williams argues that critical legal studies scholars approach problems of race from a similar Eurocentric perspective.  Yet he notes that the analytical tools such scholars have developed can be adopted by critical race theory scholars to decode and criticize Western legal theory and power.  This article could also accompany Matsuda’s “Looking to the Bottom” article in a more general discussion of critical race theory’s roots and divergence from earlier modes of theory.

102. Wing, Adrien Katherine.  “Brief Recollections Toward a Multiplicative Theory and Praxis of Being.”  CRF

Wing reflects from her personal perspective on the many levels at which “spirit injury,” a term first coined by Patricia Williams, takes place for women of color.  This article argues that the unique needs of women standing at the intersections of various identities be addressed in a holistic fashion, because Black women in particular are indivisible beings rather than the sum of two parts.  This more accessible article will be used in the section of the course addressing intersectionality, as a more introductory piece.
 

Anthology Citations (Abbreviated Above):

CRF:
Wing, Adrien Katherine, Ed.  Critical Race Feminism: A Reader.  New York: New York University Press, 1997.

CRT:
Crenshaw, Kimberle, Neil Gotanda, Gary Peller and Kendall Thomas, Eds.  Critical Race Theory: The Key Writings That Formed the Movement.  New York: The New Press, 1995.

CS:
Grossberg, Lawrence, Cary Nelson and Paula A. Treichler, Eds.  Cultural Studies.  New York: Routledge, 1992.

FLT:
Bartlett, Katharine T. and Rosanne Kennedy.  Feminist Legal Theory: Readings in Law and Gender.  San Francisco, Westview Press, 1991.

LC:
Delgado, Richard and Jean Stefancic.  The Latino/a Condition: A Critical Reader.  New York: New York University Press, 1998.
 

"My fullest concentration of energy is available to me only when I integrate all the parts of who I am, openly, allowing power from particular sources of my living to flow back and forth freely through all my different selves, without the restrictions of externally imposed definition."
 

The following links provide further information about organizations, conferences and authors doing work in the area of critical race theory.