Critical Race Theory

The Cutting Edge, Third Edition

Edited by Richard Delgado and Jean Stefancic
Book Cover

PB: $56.95
EAN: 978-1-4399-1061-0
Publication: Jun 13

HC: $100.50
EAN: 978-1-4399-1060-3
Publication: Jun 13

Ebook: $56.95
EAN: 978-1-4399-1062-7
Publication: Jun 13

860 pages
7 x 10

A significant revision of a classroom mainstay for the twenty-first century

Read the Introduction (pdf).


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 intersectionality 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.


Praise for the Second Edition: "(A)n important resource for those who are willing to invest time and energy in trying to understand the extraordinarily complicated ways race and racism function in this country, and the ways those dynamics spill over into many other areas." —The Diversity Factor

Table of Contents

Acknowledgments Introduction Suggested Readings Part I: Critique of Liberalism 1. After We’re Gone: Prudent Speculations on America in a Postracial Epoch – Derrick A. Bell, Jr. 2. The Chronicles, My Grandfather’s Stories, and Immigration Law: The Slave Traders Chronicle as Racial History – Michael A. Olivas 3. The New Racial Preferences – Devon W. Carbado and Cheryl I. Harris 4. When the First Quail Calls: Multiple Consciousness as Jurisprudential Method – Mari J. Matsuda 5. A Critique of “Our Constitution Is Color-Blind” – Neil Gotanda 6. Liberal McCarthyism and the Origins of Critical Race Theory – Richard Delgado 7. Forbidden Conversations on Race, Privacy, and Community – Charles R. Lawrence III From the Editors: Issues and Comments Suggested Readings Part II: Storytelling, Counterstorytelling, and Naming One’s Own Reality 8. Property Rights in Whiteness: Their Legal Legacy, Their Economic Costs – Derrick A. Bell, Jr. 9. Storytelling for Oppositionists and Others: A Plea for Narrative – Richard Delgado 10. The Richmond Narratives – Thomas Ross 11. Translating Yonnondio by Precedent and Evidence: The Mashpee Indian Case – Gerald Torres and Kathryn Milun 12. Alchemical Notes: Reconstructing Ideals from Deconstructed Rights – Patricia J. Williams 13. A Furious Kinship: Critical Race Theory and the Hip-Hop Nation – andré douglas pond cummings From the Editors: Issues and Comments Suggested Readings Part III: Revisionist Interpretations of History and Civil Rights Progress 14. Documents of Barbarism: The Contemporary Legacy of European Racism and Colonialism in the Narrative Traditions of Federal Indian Law – Robert A. Williams, Jr. 15. Desegregation as a Cold War Imperative – Mary L. Dudziak 16. Liberal McCarthyism: How Four Radical Professors Lost Their Jobs and How Their Displacement Contributed to the Dissemination of Critical Thought – Richard Delgado 17. Did the First Justice Harlan Have a Black Brother? – James W. Gordon 18. The “Caucasian Cloak ”: Mexican Americans and the Politics of Whiteness in the Twentieth-Century Southwest – Ariela J. Gross From the Editors: Issues and Comments Suggested Readings Part IV: Critical Understanding of the Social Science Underpinnings of Race and Racism 19. Words That Wound: A Tort Action for Racial Insults, Epithets, and Name-Calling – Richard Delgado 20. Law as Microaggression – Peggy C. Davis 21. Implicit Bias, Election 2008, and the Myth of a Postracial America – Gregory S. Parks and Jeffrey J. Rachlinski 22. Trojan Horses of Race – Jerry Kang 23. Working Identity – Devon W. Carbado and Mitu Gulati 24. The Social Construction of Race – Ian F. Haney López 25. Cracking the Egg: Which Came First—Stigma or Affirmative Action? – Angela Onwuachi-Willig, Emily Houh, and Mary Campbell From the Editors: Issues and Comments Suggested Readings Part V: Crime 26. Race Ipsa Loquitur: Of Reasonable Racists, Intelligent Bayesians, and Involuntary Negrophobes – Jody D. Armour 27. The New Jim Crow – Michelle Alexander 28. Racially Based Jury Nullification: Black power in the Criminal Justice System – Paul Butler 29. Race and Self-Defense: Toward a Normative Conception of Reasonableness – Cynthia Kwei Yung Lee From the Editors: Issues and Comments Suggested Readings Part VI: Structural Determinism 30. Serving Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation – Derrick A. Bell, Jr. 31. The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism – Charles R. Lawrence III 32. Images of the Outsider in American Law and Culture: Can Free Expression Remedy Systemic Social Ills? – Richard Delgado and Jean Stefancic 33. Race and the U.S.-Mexican Border: Tracing the Trajectories of Conquest – Juan F. Perea From the Editors: Issues and Comments Suggested Readings Part VII: Race, Sex, Class, and Their Intersections 34. Race and Essentialism in Feminist Legal Theory – Angela P. Harris 35. A Hair Piece: Perspectives on the Intersection of Race and Gender – Paulette M. Caldwell 36. From Practice to Theory, or What Is a White Woman Anyway? – Catharine A. MacKinnon 37. The Employer Preference for the Subservient Worker and the Making of the Brown-Collar Workplace – Leticia M. Saucedo From the Editors: Issues and Comments Suggested Readings Part VIII: Essentialism and Antiessentialism 38. “The Black Community,” Its Lawbreakers, and a Politics of Identification – Regina Austin 39. Traces of the Master Narrative in the Story of African American-Korean American Conflict: How We Constructed “Los Angeles” – Lisa C. Ikemoto 40. Obscuring the Importance of Race: The Implication of Making Comparisons Between Racism and Sexism (or Other -isms) – Trina Grillo and Stephanie M. Wildman 41. A House Divided: The Invisibility of the Multiracial Family – Angela Onwuachi-Willig and Jacob Willig-Onwuachi From the Editors: Issues and Comments Suggested Readings Part IX: Gay-Lesbian Queer Issues 42. Gendered Inequality – Elvia R. Arriola 43. Sexual Politics and Social Change – Darren Lenard Hutchinson 44. Racing the Closet – Russell K. Robinson From the Editors: Issues and Comments Suggested Readings Part X: Beyond the Black-White Binary 45. The Black-White Binary Paradigm of Race – Juan F. Perea 46. Toward an Asian American Legal Scholarship: Critical Race Theory, Poststructuralism, and Narrative Space – Robert S. Chang 47. Race and Erasure: The Salience of Race to Latinos/as – Ian F. Haney López 48. Mexican Americans and Whiteness – George A. Martinez 49. A Rage Shared by Law: Post–September 11 Racial Violence as Crimes of Passion – Muneer I. Ahmad 50. In Defense of the Black-White Binary: Reclaiming a Tradition of Civil Rights Scholarship – Roy L. Brooks and Kirsten Widner 51. Racial Classification in America: Where Do We Go from Here? – Kenneth Prewitt From the Editors: Issues and Comments Suggested Readings Part XI: Cultural Nationalism and Separatism 52. Rodrigo’s Chronicle – Richard Delgado 53. Much Respect: Toward a Hip-Hop Theory of Punishment – Paul Butler 54. Legal Violence and the Chicano Movement – Ian F. Haney López 55. Demise of the Talented Tenth: The Increasing Underrepresentation of Ascendant Blacks at Selective Higher Education Institutions – Kevin Brown and Jeannine Bell 56. Law as a Eurocentric Enterprise – Kenneth B. Nunn From the Editors: Issues and Comments Suggested Readings Part XII: Intergroup Relations 57. Embracing the Tar Baby: Lat-Crit Theory and the Sticky Mess of Race – Leslie Espinoza and Angela P. Harris 58. Our Next Race Question: The Uneasiness Between Blacks and Latinos – Jorge Klor de Alva, Earl Shorris, and Cornel West 59. Afro-Mexicans and the Chicano Movement: The Unknown Story – Tanya Katerí Hernández 60. Beyond Racial Identity Politics: Towards a Liberation Theory for Multicultural Democracy – Manning Marable 61. Rethinking Alliances: Agency, Responsibility, and Interracial Justice – Eric K. Yamamoto From the Editors: Issues and Comments Suggested Readings Part XIII: Legal Institutions, Critical Pedagogy, and Minorities in the Law 62. The Civil Rights Chronicles: The Chronicle of the DeVine Gift – Derrick A. Bell, Jr. 63. The Imperial Scholar: Reflections on a Review of Civil Rights Literaturer – Richard Delgado 64. Who is Excellent? – Mari J. Matsuda. 65. Complimentary Discrimination and Complementary Discrimination in Faculty Hiring – Angela Onwuachi-Willig From the Editors: Issues and Comments Suggested Readings Part XIV: Critical Race Feminism 66. Stealing Away: Black Women, Outlaw Culture, and the Rhetoric of Rights – Monica J. Evans 67. Máscaras, Trenzas, y Greñas: (Un)masking the Self While (Un)Braiding Latina Stories and Legal Discourse – Margaret E. Montoya 68. Converging Stereotypes in Racialized Sexual Harassment: Where the Model Minority Meets Suzie Wong – Sumi K. Cho 69. Of Woman Born: Courage and Strength to Survive in the Maquiladoras of Reynosa and Río Bravo, Tamaulipas – Elvia Rosales Arriola From the Editors: Issues and Comments Suggested Readings Part XV: Criticism and Self-Analysis 70. Racial Critiques of Legal Academia – Randall L. Kennedy 71. Derrick Bell—Race and Class: The Dilemma of Liberal Reform – Alan D. Freeman 72. Telling Stories Out of School: An Essay on Legal Narratives – Daniel A. Farber and Suzanna Sherry 73. A Systemic Analysis of Affirmative Action in American Law Schools – Richard H. Sander From the Editors: Issues and Comments Suggested Readings Part XVI: Critical Race Praxis 74. Fidelity to Community: A Defense of Community Lawyering – Anthony V. Alfieri 75. The Work We Know So Little About – Gerald P. López 76. Making the Invisible Visible: The Garment Industry’s Dirty Laundry – Julie A. Su 77. Vampires Anonymous and Critical Race Practice – Robert A. Williams, Jr. From the Editors: Issues and Comments Suggested Readings Part XVII: Critical White Studies 78. White by Law – Ian F. Haney López 79. Innocence and Affirmative Action – Thomas Ross 80. Language and Silence: Making Systems of Privilege Visible – Stephanie M. Wildman with Adrienne D. Davis 81. White Latinos – Ian F. Haney López 82. Rodrigo’s Portent: California and the Coming Neocolonial Order – Richard Delgado From the Editors: Issues and Comments Suggested Readings Contributors Index

About the Author(s)

Richard Delgado, John J. Sparkman Chair of Law, University of Alabama School of Law, is one of the founding members of the Conference on Critical Race Theory. Winner of the Association of American Law Schools' 1995 Clyde Ferguson Award for outstanding law professor of color, he is the author of numerous articles in the law review literature on civil rights and twenty-eight books, including Failed Revolutions, Words that Wound, The Rodrigo Chronicles, and Critical White Studies (Temple).

Jean Stefancic, Professor of Law and Clement Research Affiliate, University of Alabama School of Law, is the author of leading articles and books on Critical Race Theory, Latino/a scholarship, and social change, including No Mercy: How Conservative Think Tanks and Foundations Changed America's Social Agenda (Temple) and How Lawyers Lose Their Way: A Profession Fails Its Creative Minds.