Critical Race Judgments
Rewritten U.S. Court Opinions on Race and the Law
£46.99
- Editors:
- Bennett Capers, Fordham Law School
- Devon W. Carbado, University of California, Los Angeles, School of Law
- R. A. Lenhardt, Georgetown University Law Center
- Angela Onwuachi-Willig, Boston University School of Law
- Date Published: April 2022
- availability: Available
- format: Paperback
- isbn: 9781316616451
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By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) – are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.
Read more- Introduces readers to the range of Critical Race Theory approaches
- Makes the theory accessible to readers and shows the work Critical Race Theory can do when applied
- The only book to provide reimaginations of seminal court opinions through a Critical Race Theory lens
Awards
- Winner, 2023 PROSE Legal Studies and Criminology Award, Association of American Publishers
Reviews & endorsements
'What a brilliant idea to invite critical race theorists to reimagine some of the most important and impactful legal cases in our history. The provocative collection shows what might have been if justices and judges employed an equitable lens to cases. It also shows what can still be: a fairer, egalitarian world.' Ibram X. Kendi, author of Stamped from the Beginning and How to Be an Antiracist
See more reviews'What if the U.S. Supreme Court treated racial inequalities as diagnoses of where American institutions need change rather than as natural, immutable, and fair? At this contentious time, pitting racial reckoning against political backlash—when cynics hijack the phrase 'critical race theory' to terrorize teachers from sharing America's actual history even as corporations embrace 'diversity, equity, and inclusion'—this collection of rigorous chapters accepts constraints of legal reasoning while demonstrating how court decisions could have centered rather than obscured the actual experiences of African Americans, American Indians, Native Hawaiians, Mexican-Americans, and immigrants. Legal treatments of voting, schooling, employment, and policing could all have been different. With telling details across American law and history, this book invigorates future possibilities of justice for all families, communities, and human beings.' Martha Minow, author of In Brown's Wake: Legacies of America's Constitutional Landmark, 300th Anniversary University Professor, Harvard University
'American law is one of the battlegrounds on which the struggle for racial justice has been fought, at times serving as a barrier to justice and at other times pointing the way. The thought-provoking essays in this timely book force us to think about how we got where we are, and to imagine how these seminal decisions could have brought us to an altered, more just present.' Deborah N. Archer, President, ACLU, and Professor of Clinical Law and Co-Faculty Director, Center on Race, Law, and Inequality, NYU Law School
'Critical Race Judgments could not come at more important moment. Each offering from the brilliant array of legal scholars assembled for this extraordinary project compels us to imagine the America that could have been, had the Supreme Court's jurisprudence been informed by the necessary truths that critical race theory engages. Ironically this makes Critical Race Judgments both devastating and inspiring - clearly exposing the ruinous jurisprudential path that has led us away from fulfilling the promise of the Civil War Amendments, and offering a potential path towards a jurisprudence that could still save our fragile republic.' Sherrilyn Ifill, NAACP Legal Defense Fund President and Co-Director
'… useful for undergraduate and graduate students of law and for members of the general public interested in current conversations around the Constitution and critical race theory. … Recommended.' C. Grose, Choice
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×Product details
- Date Published: April 2022
- format: Paperback
- isbn: 9781316616451
- length: 600 pages
- dimensions: 228 x 152 x 36 mm
- weight: 1.046kg
- availability: Available
Table of Contents
Introduction: Brown v. Board of education Derrick Bell
Part I. Membership and Inclusion: Arizona v. United States Kevin Johnson
Chae Chan Ping v. United States Rose Cuizon Villazor
Plessy v. Ferguson Trina Jones
Korematsu v. United States Robert Chang
The Slaughter-House cases Francisco Valdez
Terry v. Ohio Paul Butler
Rogers v. American airlines Wendy Greene
Part II. Participation and Access: Shaw v. Reno Guy Charles and has Luis Fuentes-Rohwer
Rice v. Cayetano Addie Rolnick
Milliken v. Bradley Michelle Adams
Gong Lum v. Rice Reginald Oh
Regents of the university of california v. Bakke Luke Charles Harris
Parents involved v. seattle school district no. 1 Charles Lawrence
Part III. Property and Space: Dred Scott v. Sandford Cheryl Harris
Virginia v. Black Mari Matsuda
Palmer v. Thompson Elise Boddie
Griggs v. Duke Power Co. Angela Onwuachi-Willig and David Simson
Washington v. Davis Kimberlé Crewnshaw
Katz v. United States Bennett Capers
Illinois v. Wardlow L. Song Richardson
Part IV. Intimate choice and autonomy: Loving v. Virginia Peggy Cooper Davis
Adoptive Couple v. Baby Girl Matthew Fletcher
Reno v. Flores Jennifer Chacón
Lawrence v. Texas Russell Robinson
Moore v. City of East Cleveland Robin Lenhardt
Buck v. Bell Dorothy Roberts
Roe v. Wade Melissa Murray
Part V. Justice: United States v. Cruikshank Pratheepan Gulasekaram
McCleskey v. Kemp Mario Barnes
Whren v. United States Devon Carbado and Jonathan Feingold
Richardson v. Ramirez Janai Nelson
Bean v. Southwestern waste management corp Sheila Foster
Barlow v. Collins Angela P. Harris
Muller v. Oregon Khiara Bridges
Williams v. Walker-Thomas furniture Co. Emily Hough
San Antonio Independent school district v. Rodriguez Rachel Moran.
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