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.
Using CRT, this book demonstrates how law can make Black lives, and the lives of other racially marginalized groups, matter.
Bennett Capers is a Professor of Law at Fordham Law School and Director of the Center on Race, Law, and Justice. He teaches and writes in the area of criminal law, criminal procedure, evidence, and race. Devon W. Carbado is the Honorable Harry Pregerson Professor of Law at UCLA School of Law and the former Associate Vice Chancellor of BruinX for Equity, Diversity and Inclusion. R. A. Lenhardt is a Professor of Law at Georgetown Law and Co-Founder of the Racial Justice Initiative. Professor Lenhardt specializes in matters pertaining to race, family, and citizenship. Angela Onwuachi-Willig is dean and Ryan Roth Gallo & Ernest J. Gallo Professor of Law at Boston University School of Law. She specializes in matters pertaining in critical race theory, employment discrimination, and family law.
'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
'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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