-
1
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11144221778
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A Civil Rights Agenda for the Year 2000: Confessions of an Identity Politician
-
This is a paraphrase of an old Moms Mabley joke: Beauty is only skin deep, but ugliness runs to the bone. White supremacy is the idea by the largely white majority that their culture, ideas, and interpretation of the world is superior to the nonwhite minority. This majority is not necessarily exclusively all white. Nonwhite people can support white supremacy just as it is possible for white people to oppose it. See, e.g., Frances Lee Ansley, A Civil Rights Agenda for the Year 2000: Confessions of an Identity Politician, 59 TENN. L. REV. 593 (1992). Much of this superiority is structured around the way that race is constructed as a white/black issue. Michael Goldfield described the importance of race this way: Race is the key to unraveling the secret of American exceptionalism, but it is also much more. . . . Race has been the central ingredient, not merely in undermining solidarity when broad struggles have erupted, not merely in dividing workers, but also in providing an alternative white male nonclass worldview and structure of identity that have exerted their force during both stable and confrontational times. . . . And race has been behind many of the supposed principles of American government (most notably states' rights) that are regarded as sacred by some people today.
-
(1992)
Tenn. L. Rev.
, vol.59
, pp. 593
-
-
Ansley, F.L.1
-
3
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-
0001961295
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Representing Whiteness in the Black Imagination
-
Ruth Frankenberg ed.
-
bell hooks put it this way: In white supremacist society, white people can safely imagine that they are invisible to black people since the power they have historically asserted, even now collectively assert over black people accorded them the right to control the black gaze. As fantastic as it may seem, racist white people find it easy to imagine that black people cannot see them if within their desire they do not want to be seen by the dark Other. One mark of oppression was that black folks were compelled to assume that mantle of invisibility, to erase all traces of their subjectivity during slavery and the long years of racial apartheid, so that they could be better less threatening servants. bell hooks, Representing Whiteness in the Black Imagination, in DISPLACING WHITENESS: ESSAYS IN SOCIAL AND CULTURAL CRITICISM 165, 168 (Ruth Frankenberg ed., 1997).
-
(1997)
Displacing Whiteness: Essays in Social and Cultural Criticism
, pp. 165
-
-
Hooks, B.1
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4
-
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0004096184
-
-
see GOLDFIELD, supra note 1
-
For a historical analysis in support of this point, see GOLDFIELD, supra note 1; for a political science analysis of white supremacy, see CHARLES W. MILLS, THE RACIAL CONTRACT (1997);
-
(1997)
The Racial Contract
-
-
Mills, C.W.1
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6
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-
0039220030
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Toward a Black Legal Scholarship: Race and Original Understandings
-
See also Jerome McCristal Culp, Jr., Toward a Black Legal Scholarship: Race and Original Understandings, 1991 DUKE L.J. 39.
-
(1991)
Duke L.J.
, pp. 39
-
-
Culp Jr., J.M.1
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7
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33750681920
-
-
See infra Part II
-
See infra Part II.
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-
-
-
8
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33750718741
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-
See infra Part IV
-
See infra Part IV.
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-
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9
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33750690949
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-
See id.
-
See id.
-
-
-
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10
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33750692257
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-
See infra Part V
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See infra Part V.
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-
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12
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33750709593
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-
See infra Part IV
-
See infra Part IV.
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13
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33750713962
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FARBER & SHERRY, supra note 7, at 13-14
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FARBER & SHERRY, supra note 7, at 13-14.
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14
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33750740985
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The Forgotten Victims
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Suzanna Sherry, The Forgotten Victims, 63 U. COLO. L. REV. 375, 375 (1992).
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(1992)
U. Colo. L. Rev.
, vol.63
, pp. 375
-
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Sherry, S.1
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16
-
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33750702781
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Bending the Law
-
Nov. 2
-
See Alex Kozinski, Bending the Law, N.Y. TIMES, Nov. 2, 1997, at 46 ("While traditional liberals still dominate the law schools in terms of numbers, they are mostly a cowardly lot, unwilling to risk their peaceful careers to tell the alarming truth to the world outside. In writing this book, Farber and Sherry have taken a personal risk. If those of us outside the academy fail to take heed, we will not be able to say we were not warned.");
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(1997)
N.Y. Times
, pp. 46
-
-
Kozinski, A.1
-
17
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0039080696
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The Skin Trade
-
Oct. 13
-
Richard A. Posner, The Skin Trade, NEW REPUBLIC, Oct. 13, 1997, at 40. Alex Kozinski and Richard Posner are judges on the Ninth and the Seventh Circuits.
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(1997)
New Republic
, pp. 40
-
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Posner, R.A.1
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18
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0040082559
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You Can Take Them to Water but You Can't Make Them Drink: Black Legal Scholarship and White Legal Scholars
-
See FARBER & SHERRY, supra note 7, at 8 ("We don't want to drive these scholars out of the law school world; we would be happy, however, if they abandoned what we think is the least fruitful and most troublesome part of their message."), Posner, supra note 12, at 43
-
In this essay I am going to treat Farber and Sherry's book and the reviews by Judges Posner and Kozinski as part of the same criticism of critical race theory. However, sometimes slight differences exist. Farber and Sherry argue that they do not want to kick critical race theorists out of the legal academy. See FARBER & SHERRY, supra note 7, at 8 ("We don't want to drive these scholars out of the law school world; we would be happy, however, if they abandoned what we think is the least fruitful and most troublesome part of their message."). But see Jerome McCristal Culp, Jr., You Can Take Them to Water but You Can't Make Them Drink: Black Legal Scholarship and White Legal Scholars, 1992 U. ILL. L. REV. 1021, 1022 (arguing that stories differ in how the white majority in the academy will hear them). They simply wish to have critical race theorists reform. But Judge Posner writes in his review: By exaggerating the plight of the groups for which they are the self-appointed spokesmen, the critical race theorists come across as whiners and wolf-criers. By forswearing analysis in favor of storytelling, they come across as labile and intellectually limited. By embracing the politics of identity, they come across as divisive. Their grasp of social reality is weak; their diagnoses are inaccurate; their suggested cures (rigid quotas, 1960s-style demonstrations, transformations of the American spirit, socialism, poverty law practice) are tried and true failures. Their lodgment in the law schools is a disgrace to legal education, which lacks the moral courage and the intellectual self-confidence to pronounce a minority movement's scholarship bunk. To be sure, it is not a unique embarrassment; there is plenty of shoddy legal scholarship. But this is hardly an excuse for the extremism, the paranoia, the hysteria, and the irrationalism of critical race theory, which are embarrassments to sober liberal egalitarians, such as Farber and Sherry, and obstacles to solving the problems created by the nation's racial and ethnic variety. Posner, supra note 12, at 43. Judge Posner seems to argue for the elimination of critical race theory from the academy. In their book, Farber and Sherry, despite their protestation to the contrary, seem to call for our intellectual execution, and that is exactly what Judges Posner and Kozinski call for in their reviews.
-
U. Ill. L. Rev.
, vol.1992
, pp. 1021
-
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Culp Jr., J.M.1
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19
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33750729175
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-
See BELL, supra note 2
-
The Space Traders stories appear in two of Professor Bell's books. See BELL, supra note 2; DERRICK BELL, GOSPEL CHOIRS (1996).
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(1996)
Gospel Choirs
-
-
Bell, D.1
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20
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33750699231
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FARBER & SHERRY, supra note 7, at 25
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FARBER & SHERRY, supra note 7, at 25.
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21
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33750728313
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Id. at 26
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Id. at 26.
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-
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22
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0346684293
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Beyond All Criticism?
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Farber and Sherry in their contribution to this symposium claim that my analysis of Professor Bell's work is inconsistent with the "standard conceptual apparatus of radical multiculturalism. There is no talk here of deep social structures, ingrained cultural attitudes, mindsets, or unconscious biases." Daniel A. Farber & Suzanna Sherry, Beyond All Criticism?, 83 MINN. L. REV. 1735, 1757 (1999). As always, Farber & Sherry get it wrong. I start off this section by making clear that I believe that anti-Semitism is a real and important problem. I note that all of our biases should be analyzed. This sounds like exactly the type of analysis that I have required of them, Richard Posner, and other traditional scholars. I do not claim that I or Professor Bell are free of hidden biases. I criticize Professor Bell for being too supportive of Farrakhan. In short, I do everything that they claim I do not. They fail to point out in my work or the work of Professor Bell the anti-Semitism that they suggest lurks unexamined in our work. It is exactly their failure to point out such hidden attitudes that mark their book and this response.
-
(1999)
Minn. L. Rev.
, vol.83
, pp. 1735
-
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Farber, D.A.1
Sherry, S.2
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23
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33750689796
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See FARBER & SHERRY, supra note 7, at 4
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See FARBER & SHERRY, supra note 7, at 4.
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24
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33750693880
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note
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I agree with Louis Farrakhan's critics that there is a significant element of anti-Semitism in many of his statements and actions. However, I disagree with Professor Bell that the use of categories of speech and anti-Semitism is justified as part of the response to the real racism that exists. Any use of the racial categories to build on oppression whether it is gender, sexual orientation, class, or racial or ethnic is not only wrong, but it is likely to not help in the liberation of those being liberated. Nevertheless, it is a far cry from that difference to an assertion that Farrakhan's statements and actions are rooted in anti-Semitism. That underlying principle is not justified anywhere in Farber and Sherry's critique of Professor Bell.
-
-
-
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25
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33750722734
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FARBER & SHERRY, supra note 7, at 128
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FARBER & SHERRY, supra note 7, at 128.
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26
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0042203318
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Black People in White Face: Assimilation, Culture, and the Brown Case
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See id. at 182
-
See id. at 182 (citing Jerome M. Culp, Jr., Black People in White Face: Assimilation, Culture, and the Brown Case, 36 WM. & MARY L. REV. 665, 670 (1995)).
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(1995)
Wm. & Mary L. Rev.
, vol.36
, pp. 665
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Culp Jr., J.M.1
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27
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33750725039
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The Michael Jackson Pill: Equality, Race and Culture
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See Jerome McCristal Culp, Jr., The Michael Jackson Pill: Equality, Race and Culture, 92 MICH. L. REV. 2613 (1994).
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(1994)
Mich. L. Rev.
, vol.92
, pp. 2613
-
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Culp Jr., J.M.1
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28
-
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0003511945
-
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See KENNETH M. STAMPP, THE PECULIAR INSTITUTION: SLAVERY IN THE ANTE-BELLUM SOUTH, at vii (1956) ("I did not, of course, assume that there have been, or are today, no cultural differences between white and black Americans. Nor do I regard it as flattery to call Negroes white men with black skins. It would serve my purpose as well to call Caucasians black men with white skins.");
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(1956)
The Peculiar Institution: Slavery in the Ante-Bellum South
-
-
Stampp, K.M.1
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31
-
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33750733854
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See BELL, supra note 2, at 115
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See BELL, supra note 2, at 115.
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-
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32
-
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33750707185
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See Culp, supra note 13, at 1022
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See Culp, supra note 13, at 1022.
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-
-
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33
-
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0346385083
-
Telling Stories out of School: An Essay on Legal Narratives
-
See Daniel A. Farber & Suzanna Sherry, Telling Stories Out of School: An Essay on Legal Narratives, 45 STAN. L. REV. 807, 817 (1993). Farber and Sherry write: In addition, it would be helpful to have a more complete explanation of how black law school professors - whose occupation confers social and economic privilege, and who may come from privileged backgrounds similar to their white counterparts' - have a special claim to represent the views of poor blacks in urban ghettos. Indeed, there is evidence that they do not fully share the views of most African Americans. Stephen Carter points out that while most critical race theorists are politically to the left of their academic colleagues, most studies show African Americans to be considerably more conservative than whites on many issues. This suggests that perhaps only a minority of African Americans truly speak with a political voice of color. See id. (citations omitted). They seem to be convinced that they can speak as Americans or as members of the legal academy despite its heterogeneous nature, but that people of color are either black or members of the academy. It ought to be clear that they would not ask the same question of white American privilege that they ask of scholars of color. Furthermore, when Farber and Sherry accuse the nonwhite professors of being "privileged," they assume a nonracial nature to "privilege" that is not supported by the racial reality. After all we know that in 1960 - when many of the nonwhite professors now in the academy were growing up - a black person who graduated from college made less than a white person who graduated from high school. In the United States, privilege has always been racialized. Therefore, a black "privileged" person had more limited housing, school, and business choices. Farber and Sherry cannot understand this concern because they live in a world of blindness to that racial reality.
-
(1993)
Stan. L. Rev.
, vol.45
, pp. 807
-
-
Farber, D.A.1
Sherry, S.2
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34
-
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33750736942
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-
note
-
Culp, supra note 21, at 669-70, 679 (citations omitted). Farber and Sherry suggest in their response that my interpretation of assimilation refers to an earlier article, but the citation that is quoted in the text of this article and (in part) in their response is from the original article that they claimed proved that I am opposed to all assimilation. See Farber & Sherry, supra note 17, at 1742. What are they talking about? They seem not to have read my article originally and still haven't.
-
-
-
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35
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33750198293
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Water Buffalo and Diversity: Naming Names and Reclaiming the Racial Discourse
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Indeed if they had read my articles they would have seen that I wrote something quite different about Stephen Carter. See Jerome McCristal Culp, Jr., Water Buffalo and Diversity: Naming Names and Reclaiming the Racial Discourse, 26 CONN. L. REV. 209, 229 (1993)
-
(1993)
Conn. L. Rev.
, vol.26
, pp. 209
-
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Culp Jr., J.M.1
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36
-
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21844502939
-
Unloving
-
(noting that Professor Carter is misunderstood by some in the white male professorate when he looks at merit and selection of law professors). But see Jim Chen, Unloving, 80 U. IOWA L. REV. 145 (1994) (arguing for a simplistic cure by assimilation for racial and ethnic ills).
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(1994)
U. Iowa L. Rev.
, vol.80
, pp. 145
-
-
Chen, J.1
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37
-
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33750702091
-
-
note
-
Choice is sometimes problematic. True freedom would include something more than just choice. True freedom for the African-American community would include the right and power to participate in the creation of the choices. It is the failure to permit that option that is part of what critical race theory is all about.
-
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38
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33750687207
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note
-
See supra note 21. Farber and Sherry in their response to my criticism of their work have suggested that I could not have meant (originally?) what I have written in this response. They write, "Culp argues that he is 'ambivalent' about assimilation, and that his use of that phrase is meant only to express that ambivalence. This is an unlikely interpretation: the whole point of the metaphor seems to be that assimilated blacks are as inauthentic as whites wearing blackface . . . ." Farber & Sherry, supra note 17, at 1742. As I have suggested in this section, that is not what I meant originally or now. Farber and Sherry display a unique arrogance in concluding that their interpretation is the "right" one. They seem unable to engage in the civil discourse about real differences. Instead, they create their own strained interpretations of what others have said and then nash and wail about the consequences of their interpretations. It is particularly odd for two scholars who identify themselves as members of a religious (cultural?) minority to assume that assimilation is a one way street. The history of Jews, like other minorities, is full of examples of the balancing of assimilation and difference. Is it hard for Farber and Sherry to accept this interpretation by a black person because once blacks have formal equality no difference is permissible or because race for them is about cultural "inferiorities" so that black difference is always about those bad characteristics? I don't know the answer to that question, but I do know they cannot read with care what I and others have said. Those who don't know me may think that I am a black nationalist given the Farber and Sherry reading of my work. I do not believe a fair reading would permit such an interpretation. Critical race scholars like myself can be criticized for believing too much in assimilation given the rewards it provides to minority communities, but we are not a simplistic version of the Black Panthers no matter how much Farber and Sherry would like us to be. Despite Farber and Sherry's claim that I have run from what I have written, I accept it. Could I have written it more clearly? Perhaps I might have changed "a" to "the" in the quote they cite, but the point is they didn't read the article at all. The article is not an attack on blacks who assimilate. The article challenges the assumption of assimilation imposed on blacks by the society in general. Farber and Sherry cannot see the difference. It is a criticism of a goal. Farber and Sherry are so sure that the goal they share with much of the academy (color blindness) is the only possible or permissible goal that they cannot understand that someone might carefully criticize it. I am sorry for their students who must have their examinations read so ineptly.
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-
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39
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33750695584
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Posner, supra note 12, at 41
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Posner, supra note 12, at 41.
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-
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40
-
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33750716793
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FARBER & SHERRY, supra note 7, at 85-86
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FARBER & SHERRY, supra note 7, at 85-86.
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-
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41
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0004209602
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Random House
-
See W. E. B. DU BOIS, THE SOULS OF BLACK FOLK x-xi (Random House 1993) (1903). In the introduction to the 1993 edition Arnold Rampersad wrote that "Du Bois admitted in 1904, a year after publication, that 'the style and workmanship' of his book did not make its meaning 'altogether clear'. He believed that the collection conveyed 'a clear central message', but that around this center floated 'a penumbra' of vagueness and half-veiled allusions." Id.
-
(1993)
The Souls of Black Folk
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Du Bois, W.E.B.1
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42
-
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0002071502
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The Problem of Social Cost
-
R. H. Coase, The Problem of Social Cost, 3 J. L. & ECON. 1 (1960).
-
(1960)
J. L. & Econ.
, vol.3
, pp. 1
-
-
Coase, R.H.1
-
43
-
-
0003047641
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The Cost of Coase
-
See, e.g., Robert Cooter, The Cost of Coase, 11 J. LEGAL. STUD. 1, 14 (1982).
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(1982)
J. Legal. Stud.
, vol.11
, pp. 1
-
-
Cooter, R.1
-
44
-
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0003802548
-
-
See R. H. COASE, THE FIRM, THE MARKET, AND THE LAW 159 (1988) ("Even those sympathetic to my point of view have often misunderstood my argument, a result which I ascribe to the extraordinary hold which Pigou's approach has had on the minds of modern economists.").
-
(1988)
The Firm, the Market, and the Law
, pp. 159
-
-
Coase, R.H.1
-
45
-
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33750686549
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FARBER & SHERRY, supra note 7, at 131-32
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FARBER & SHERRY, supra note 7, at 131-32.
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46
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33750691604
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Id.
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Id.
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-
-
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47
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0348007366
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Colorblind Remedies and the Intersectionality of Oppression: Policy Arguments Masquerading As Moral Claims
-
See Jerome McCristal Culp, Jr., Colorblind Remedies and the Intersectionality of Oppression: Policy Arguments Masquerading As Moral Claims, 69 N.Y.U. L. REV. 162, 177 (1994).
-
(1994)
N.Y.U. L. Rev.
, vol.69
, pp. 162
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Culp Jr., J.M.1
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48
-
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33750697543
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An Open Letter from One Black Scholar to Ruth Bader Ginsburg: Or How Not to Become Justice Sandra Day O'Connor
-
Indeed I have criticized other Justices that Farber and Sherry believe represent the moderate middle of our legal and cultural discourse. See Jerome McCristal Culp, Jr., An Open Letter from One Black Scholar to Ruth Bader Ginsburg: Or How Not To Become Justice Sandra Day O'Connor, 1 DUKE J. GENDER L. & POL'Y 21 (1994)
-
(1994)
Duke J. Gender L. & Pol'y
, vol.1
, pp. 21
-
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Culp Jr., J.M.1
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50
-
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26844537961
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Understanding the Racial Discourse of Justice Rehnquist
-
Culp, supra note 22; Jerome McCristal Culp, Jr., Understanding the Racial Discourse of Justice Rehnquist, 25 RUTGERS L.J. 597 (1994).
-
(1994)
Rutgers L.J.
, vol.25
, pp. 597
-
-
Culp Jr., J.M.1
-
51
-
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21144460328
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Critical Race Theory: An Annotated Bibliography
-
See, e.g., Richard Delgado & Jean Stefancic, Critical Race Theory: An Annotated Bibliography, 79 VA. L. REV. 461 (1993);
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(1993)
Va. L. Rev.
, vol.79
, pp. 461
-
-
Delgado, R.1
Stefancic, J.2
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52
-
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67651081550
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Voices of America: Accent, Antidiscrimination Law, and a Jurisprudence for the Last Reconstruction
-
Man J. Matsuda, Voices of America: Accent, Antidiscrimination Law, and a Jurisprudence for the Last Reconstruction, 100 YALE L.J. 1329 (1991).
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(1991)
Yale L.J.
, vol.100
, pp. 1329
-
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Matsuda, M.J.1
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53
-
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33750694533
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-
note
-
I do not say all problems in our society are the product of white people. Derrick Bell's interest convergence hypothesis is only a small [but important] deviation from public choice theory of the law and economics movement, not any more dangerous than that theory is. Cabrini Green is a housing project in a city where Northwestern University and the University of Chicago are important landowners and important political forces. Much of the urban policy (housing, crime and drugs) that led to the creation of Cabrini Green was invented by academics at these institutions. In such a context, I believe it is fair to say that Cabrini Green is connected to those institutions (in an unpublished talk that they cite without permission). Stanley Fish is not a postmodernist but a deconstructionist and there is a difference. It is as if they looked at the work that they disagree with and simply made up what they wanted it to say.
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54
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33750701376
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Posner, supra note 12, at 41
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Posner, supra note 12, at 41.
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55
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0005617468
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Identity Notes Part One: Playing in the Light
-
See Adrienne D. Davis, Identity Notes Part One: Playing in the Light, 45 AM. U. L. REV. 695, 705 (1996).
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(1996)
U. L. Rev.
, vol.45
, pp. 695
-
-
Davis, A.D.1
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56
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33750721607
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See Culp, supra note 28, at 261
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See Culp, supra note 28, at 261.
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57
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33750689093
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note
-
What does accented mean in this context? Since now all five constitutional officers first in line to be President are from the South, do they speak with an accent or do those of us not from the South have unaccented speech? See generally Matsuda, supra note 41 (arguing that Title VII should apply to accent cases).
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-
-
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58
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33750688794
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Jonathan Macey, Remarks at a Duke University Federalist Society meeting (Spring 1997)
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Jonathan Macey, Remarks at a Duke University Federalist Society meeting (Spring 1997).
-
-
-
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59
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0542384467
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Posner on Duncan Kennedy and Racial Difference: White Authority in the Legal Academy
-
See generally Jerome McCristal Culp, Jr., Posner on Duncan Kennedy and Racial Difference: White Authority in the Legal Academy, 41 DUKE L.J. 1095 (1992); Culp, supra note 28, at 228-29.
-
(1992)
Duke L.J.
, vol.41
, pp. 1095
-
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Culp Jr., J.M.1
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60
-
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33750700411
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Inclusive and Exclusive Virtues: Approaches to Identity, Merit, and Responsibility in Recent Legal Thought
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For additional criticism of this argument in terms of their own worldview, see Peter Margulies, Inclusive and Exclusive Virtues: Approaches to Identity, Merit, and Responsibility in Recent Legal Thought, 46 CATH. U. L. REV. 1109, 1125-29 (1997);
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(1997)
Cath. U. L. Rev.
, vol.46
, pp. 1109
-
-
Margulies, P.1
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62
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84875745003
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supra note 40
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See Culp, Open Letter, supra note 40, at 31-34.
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Open Letter
, pp. 31-34
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Culp1
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64
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33750737273
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See FARBER & SHERRY, supra note 7, at 6
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See FARBER & SHERRY, supra note 7, at 6.
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65
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0347799649
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All the Supreme Court Really Needs to Know it Learned from the Warren Court
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An excellent example of this celebratory rhetoric is Suzanna Sherry, All the Supreme Court Really Needs To Know it Learned from the Warren Court, 50 VAND. L. REV. 459 (1997).
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(1997)
Vand. L. Rev.
, vol.50
, pp. 459
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Sherry, S.1
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Neutral Principles: A Retrospective
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Professor Sherry argues that the Rehnquist Court has been wrongly criticized for a continuation of the notions of color blindness and First Amendment jurisprudence of the Warren Court. The "postmodern" criticism of judicial and legal neutrality is at the base of this misperception of the Rehnquist Court. But see Barry Friedman, Neutral Principles: A Retrospective, 50 VAND. L. REV. 503 (1997). Sherry mischaracterizes the Court's equal protection jurisprudence and misstates the history of neutrality in legal constitutional discourse. The argument, for example, that the Court's current trend toward absolute color-blindness is simply a continuation of the jurisprudence of the Warren Court ignores the extent to which the court limited that view of the law to certain areas. The O'Connor Court's jurisprudence of extending color-blindness to redistricting cases and to congressional efforts to rectify our history of discrimination is clearly new. Sherry misunderstands cases like Gomillion. See generally Culp, supra note 39.
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Vand. L. Rev.
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Friedman, B.1
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Suzanna Sherry, The Sleep of Reason, 84 GEO. L.J. 453, 455 (1996).
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Geo. L.J.
, vol.84
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Sherry, S.1
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Sherry, supra note 54, at 456
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Sherry, supra note 54, at 456.
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note
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I made this point in one of my first critical race theory articles. See Culp, supra note 2, at 87-97. Farber and Sherry seem mystified by the status quo assumption in their response to this article. They seem to think that putting the burden on those who seek change is required by logic, not politics. This assumption is part of the defense of our existing racial status quo. You do not have to agree with my rejection of that assumption, but you cannot claim that you are not defending the status quo when you make it. The emphasized part of the previous sentence should put to rest Farber and Sherry's claim that we believe we are beyond criticism. This is not a fight, despite their description about personal slights or rational thought. This is a fight about first principles. Farber and Sherry believe that society is "pretty good," not perfect, but pretty good, and that those of us who wish to change it must start where they are in terms of racial reality if we wish to challenge that reality. We differ on that first principle. It is their stubbornness on that point that is beyond criticism. I am happy to begin by acknowledging that I do not accept that view, but still believe that I am a "rational" person.
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71
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The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism
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See, e.g., Charles R. Lawrence, III, The Id, the Ego, and Equal Protection: Reckoning with Unconscious Racism, 39 STAN. L. REV. 317 (1987).
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Stan. L. Rev.
, vol.39
, pp. 317
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Lawrence III, C.R.1
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73
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0003446513
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NYU Press, forthcoming
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SEE, E.G., ROBERT CHANG, DISORIENTED: ASIAN AMERICANS, THE LAW, AND THE NATION STATE (NYU Press, forthcoming 1999).
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(1999)
Disoriented: Asian Americans, the Law, and the Nation State
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Chang, R.1
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74
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84936060092
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Race and Essentialism in Feminist Legal Theory
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See Angela P. Harris, Race and Essentialism in Feminist Legal Theory, 42 STAN. L. REV. 581 (1990).
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(1990)
Stan. L. Rev.
, vol.42
, pp. 581
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Harris, A.P.1
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75
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33750698883
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Firing Legal Canons and Shooting Blanks: Finding a Neutral Way in the Law
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See Jerome McCristal Culp, Jr., Firing Legal Canons and Shooting Blanks: Finding a Neutral Way in the Law, 10 ST. LOUIS U. PUB. L. REV. 185 (1991).
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(1991)
St. Louis U. Pub. L. Rev.
, vol.10
, pp. 185
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Culp Jr., J.M.1
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76
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Posner, supra note 12, at 42
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Posner, supra note 12, at 42.
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FARBER & SHERRY, supra note 7, at 4-5
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FARBER & SHERRY, supra note 7, at 4-5.
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note
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I say wrongly by any standard. Professors Stephen Carter and Randall Kennedy are frequently published in the best law reviews and have several books published by important publishers. They frequent the news pages of our major papers and are seen on the most illustrious panels and seminars. Professor Kennedy has a well-funded magazine that he publishes to reflect his views of the world. Justice Clarence Thomas is one of nine people in one of three branches of the federal government of the most significant economic and military power of our time. These are not people who are silenced by the certainly less visible members of critical race theory. In addition, as I have mentioned in other places, I think the view of the opinions of Professors Carter and Kennedy does not fit a neat, simple structure. So I am not sure it is fair to call them conservatives or pure defenders of the racial status quo.
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Small Numbers, Big Problems, Black Men, and the Supreme Court: A Reform Program for Title VII after Hicks
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See Jerome McCristal Culp, Jr., Small Numbers, Big Problems, Black Men, and the Supreme Court: A Reform Program for Title VII After Hicks, 23 CAP. U. L. REV. 241 (1994).
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Cap. U. L. Rev.
, vol.23
, pp. 241
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Culp Jr., J.M.1
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