Critical race theory
This article has multiple issues. Please help improve it or discuss these issues on the talk page. (Learn how and when to remove these template messages)(Learn how and when to remove this template message)
The examples and perspective in this article or section might have an extensive bias or disproportional coverage towards one or more specific regions. (September 2020) (Learn how and when to remove this template message)
Critical race theory (CRT) is a theoretical framework in the social sciences that examines society and culture as they relate to categorizations of race, law, and power. Developed out of postmodern philosophy, it is based on critical theory, a social philosophy that argues that social problems are influenced and created more by societal structures and cultural assumptions than by individual and psychological factors. It began as a theoretical movement within American law schools in the mid- to late 1980s as a reworking of critical legal studies on race issues, and is loosely unified by two common themes. Firstly, CRT proposes that white supremacy and racial power are maintained over time, and in particular, that the law may play a role in this process. Secondly, CRT work has investigated the possibility of transforming the relationship between law and racial power, as well as pursuing a project of achieving racial emancipation and anti-subordination more broadly.
By 2002, over 20 American law schools, and at least 3 law schools in other countries, offered critical race theory courses or classes which covered the issue centrally. In addition to law, critical race theory is taught and innovated in the fields of education, political science, women's studies, ethnic studies, communication, sociology, and American studies. Important scholars to the theory include Derrick Bell, Patricia Williams, Richard Delgado, Kimberlé Williams Crenshaw, Camara Phyllis Jones, and Mari Matsuda.
Critics of CRT, including Richard Posner and Alex Kozinski, take issue with its foundations in postmodernism and reliance on moral relativism, social constructionism, and other tenets contrary to classical liberalism.
CRT recognizes that racism is engrained in the fabric and system of the American society. The individual racist need not exist to note that institutional racism is pervasive in the dominant culture. This is the analytical lens that CRT uses in examining existing power structures. CRT identifies that these power structures are based on white privilege and white supremacy, which perpetuates the marginalization of people of color.
Legal scholar Roy L. Brooks has defined CRT as "a collection of critical stances against the existing legal order from a race-based point of view," adding that:
[I]t focuses on the various ways in which the received tradition in law adversely affects people of color not as individuals but as a group. Thus, CRT attempts to analyze law and legal traditions through the history, contemporary experiences, and racial sensibilities of racial minorities in this country. The question always lurking in the background of CRT is this: What would the legal landscape look like today if people of color were the decision-makers?
In the early 1980s, students of color at Harvard Law School organized protests in various forms to problematize the lack of racial diversity in the curriculum, as well as among students and faculty. These students supported Professor Derrick Bell, who left Harvard Law in 1980 to become the dean at University of Oregon School of Law. During his time at Harvard, Bell had developed new courses which studied American law through a racial lens that students of color wanted faculty of color to teach in his absence. However, the university, ignoring student requests, hired two white civil rights attorneys instead. In response, numerous students, including Kimberlé Crenshaw and Mari Matsuda, boycotted and organized to develop an "Alternative Course" using Bell's Race, Racism, and American Law (1973, 1st edition) as a core text and included guest speakers Richard Delgado and Neil Gotanda.
The repeated refusals of Harvard Law to acknowledge the requests of students of color led to the self-declaration of critical race theory as an offshoot of critical legal studies in 1987. Crenshaw sent out a call to attend a retreat entitled "New Developments in Critical Race Theory" that effectively created the field under the name CRT. As Crenshaw states, only herself, Matsuda, Gotanda, Chuck Lawrence, and a handful of others knew "that there were no new developments in critical race theory, because CRT hadn't had any old ones – it didn't exist, it was made up as a name. Sometimes you gotta fake it until you make it." Crenshaw states that critical race theorists had "discovered ourselves to be critical theorists who did race and racial justice advocates who did critical theory." Crenshaw writes, "one might say that CRT was the offspring of a post-civil rights institutional activism that was generated and informed by an oppositionalist orientation toward racial power."
In regard to CRT as being 'radical', Will Oremus argues:
[T]he theory [is] radical…in the sense that it questions fundamental assumptions.… And unlike some strands of academic and legal thought, critical race theory has an open and activist agenda, with an emphasis on storytelling and personal experience. It's about righting wrongs, not just questing after knowledge.… [M]any of their ideas are not radical today in the sense of being outside the mainstream: Critical race theory is widely taught and studied.
Recent developments in critical race theory include work relying on updated social psychological research on unconscious bias in order to justify affirmative action; and work relying on law and economic methodology to examine structural inequality and discrimination in the workplace.
Influence of critical legal studies
As a movement that draws heavily from critical theory, critical race theory shares many intellectual commitments with critical theory, critical legal studies, feminist jurisprudence, and postcolonial theory. However, some authors like Tommy J. Curry have pointed out that the epistemic convergences with such approaches are emphasized due to the idealist turn in critical race theory. The latter, as Curry explains, is interested in discourse (i.e., how we speak about race) and the theories of white Continental philosophers, over and against the structural and institutional accounts of white supremacy which were at the heart of the realist analysis of racism introduced in Derrick Bell's early works,[page needed] and articulated through such Black thinkers as W. E. B. Du Bois, Paul Robeson, and Judge Robert L. Carter.[page needed]
Critical race theory draws on the priorities and perspectives of both critical legal studies and conventional civil rights scholarship, while also sharply contesting both of these fields. CRT's theoretical elements are provided by a variety of sources. Angela P. Harris describes CRT as sharing "a commitment to a vision of liberation from racism through right reason" with the civil rights tradition. It deconstructs some premises and arguments of legal theory and simultaneously holds that legally-constructed rights are incredibly important.[page needed] As described by Derrick Bell, critical race theory in Harris' view is committed to "radical critique of the law (which is normatively deconstructionist) and…radical emancipation by the law (which is normatively reconstructionist)."
Richard Delgado and Jean Stefancic have documented the following major themes as characteristic of work in critical race theory:
- Critique of liberalism: CRT scholars favor a more aggressive approach to social transformation, as opposed to liberalism's more cautious approach; a race-conscious approach to transformation rejecting liberal embrace of affirmative action, color blindness, role modeling, or the merit principle; and an approach that relies more on political organizing, in contrast to liberalism's reliance on rights-based remedies.
- Storytelling, counter-storytelling, and "naming one's own reality": The use of narrative to illuminate and explore experiences of racial oppression. Bryan Brayboy has emphasized the epistemic importance of storytelling in Indigenous-American communities as superseding that of theory, and has proposed a Tribal Critical Race Theory (TribCrit).
- Revisionist interpretations of American civil rights law and progress: Criticism of civil-rights scholarship and anti-discrimination law, such as Brown v. Board of Education. Derrick Bell, one of CRT's founders, argued that civil rights advances for blacks coincided with the self-interest of white elitists. Likewise, Mary L. Dudziak performed extensive archival research in the U.S. Department of State and Department of Justice, including the correspondence by U.S. ambassadors abroad, and found that U.S. civil rights legislation was not passed because people of color were discriminated against. Rather, it was enacted in order to improve the image of the United States in the eyes of third-world countries that the US needed as allies during the Cold War.
- Applying insights from social science writing on race and racism to legal problems.
- Intersectional theory: The examination of race, sex, class, national origin, and sexual orientation, and how their combination plays out in various settings, e.g., how the needs of a Latina female are different from those of a black male and whose needs are the ones promoted.
- Essentialism: Reducing the experience of a category (gender or race) to the experience of one sub-group (white women or African-Americans). In essence, all oppressed people share the commonality of oppression. However, such oppression varies by gender, class, race, etc., and therefore, the aims and strategies will differ for each of these groups.
- Non-white cultural nationalism and separatism (incl. Black nationalism): The exploration of more radical views that argue for separation and reparations as a form of foreign aid.
- Legal institutions, critical pedagogy, and minority lawyers in the bar.
- Structural determinism: Exploration of how "the structure of legal thought or culture influences its content," whereby a particular mode of thought or widely shared practice determines significant social outcomes, usually occurring without conscious knowledge. As such, theorists posit that our system cannot redress certain kinds of wrongs.
- White privilege: Belief in the notion of a myriad of social advantages, benefits, and courtesies that come with being a member of the dominant race (i.e. white people). A clerk not following you around in a store or not having people cross the street at night to avoid you, are two examples of white privilege.
- Microaggression: Belief in the notion that sudden, stunning, or dispiriting transactions have the power to mar the everyday of oppressed individuals. These include small acts of racism consciously or unconsciously perpetrated, whereby an analogy could be that of water dripping on a rock wearing away at it slowly. Microaggressions are based on the assumptions about racial matters that are absorbed from cultural heritage.
- Empathetic fallacy: Believing that one can change a narrative by offering an alternative narrative in hopes that the listener's empathy will quickly and reliably take over. Empathy is not enough to change racism as most people are not exposed to many people different from themselves and people mostly seek out information about their own culture and group.
Whiteness as property
From the CRT perspective, the white skin that some Americans possess is akin to owning a piece of property, in that it grants privileges to the owner that a renter (in this case, a person of color) would not be afforded. Cheryl I. Harris and Gloria Ladson-Billings describe this notion of whiteness as property, whereby whiteness is the ultimate property that whites alone can possess; valuable just like property. The property functions of whiteness – i.e., rights to disposition; rights to use and enjoyment, reputation, and status property; and the absolute right to exclude – make the American dream more likely and attainable for whites as citizens.
Karen Pyke documents the theoretical element of internalized racism or internalized racial oppression, whereby victims of racism begin to believe in the ideology that they are inferior to white people and white culture, who are superior. The internalizing of racism is not due to any weakness, ignorance, inferiority, psychological defect, gullibility, or other shortcomings of the oppressed. Instead, it is how authority and power in all aspects of society contributes to feelings of inequality.
Camara Phyllis Jones defines institutionalized racism as the structures, policies, practices, and norms resulting in differential access to the goods, services, and opportunities of society by race. Institutionalized racism is normative, sometimes legalized and often manifests as inherited disadvantage. It is structural, having been absorbed into our institutions of custom, practice, and law, so there need not be an identifiable offender. Indeed, institutionalized racism is often evident as inaction in the face of need, manifesting itself both in material conditions and in access to power. With regard to the former, examples include differential access to quality education, sound housing, gainful employment, appropriate medical facilities, and a clean environment.
Solid Ground, an organization that works to combat poverty, describes institutionalized racism as the systematic distribution of resources, power and opportunity in society to the benefit of people who are white and the exclusion of people of color. Institutional racism dates back to slavery, segregation, internment camps, and Indian reservations. Such form of racism can be present in institutions mainly designed to benefit and cater to the lives of white people, such as bank lending policies and different housing contracts, which both deny people of color from living in certain neighborhoods or areas. Many people of color are also racially profiled by law enforcement, and many groups are misrepresented in news and other media. There are also restrictions to certain types of employment, as well as advancements in the workplace, which are strictly based on one's race.
Scholars in critical race theory have focused, with some particularity, on the issues of hate crime and hate speech. In response to the opinion of the U.S. Supreme Court in the hate speech case of R.A.V. v. City of St. Paul (1992), in which the Court struck down an anti-bias ordinance as applied to a teenager who had burned a cross, Mari Matsuda and Charles Lawrence argued that the Court had paid insufficient attention to the history of racist speech and the actual injury produced by such speech.
Critical race theorists have also paid particular attention to the issue of affirmative action, whereby scholars have argued in favor of such on the argument that so-called merit standards for hiring and educational admissions are not race-neutral for a variety of reasons, and that such standards are part of the rhetoric of neutrality through which whites justify their disproportionate share of resources and social benefits.
Critique and controversy
Some legal scholars have criticized CRT on a number of grounds, such as CRT scholars' reliance on narrative and storytelling, or CRT's critique of objectivity. Judge Richard Posner of the U.S. Seventh Circuit Court of Appeals has "label[ed] critical race theorists and postmodernists the 'lunatic core' of 'radical legal egalitarianism.'" He wrote:
What is most arresting about critical race theory is that…it turns its back on the Western tradition of rational inquiry, forswearing analysis for narrative. Rather than marshal logical arguments and empirical data, critical race theorists tell stories – fictional, science-fictional, quasi-fictional, autobiographical, anecdotal – designed to expose the pervasive and debilitating racism of America today. By repudiating reasoned argumentation, the storytellers reinforce stereotypes about the intellectual capacities of nonwhites.
Judge Alex Kozinski of the Ninth Circuit Court of Appeals wrote that critical race theorists have constructed a philosophy which makes a valid exchange of ideas between the various disciplines unattainable:
The radical multiculturalists' views raise insuperable barriers to mutual understanding. Consider the "Space Traders" story. How does one have a meaningful dialogue with Derrick Bell? Because his thesis is utterly untestable, one quickly reaches a dead end after either accepting or rejecting his assertion that white Americans would cheerfully sell all blacks to the aliens. The story is also a poke in the eye of American Jews, particularly those who risked life and limb by actively participating in the civil rights protests of the 1960s. Bell clearly implies that this was done out of tawdry self-interest. Perhaps most galling is Bell's insensitivity in making the symbol of Jewish hypocrisy the little girl who perished in the Holocaust – as close to a saint as Jews have. A Jewish professor who invoked the name of Rosa Parks so derisively would be bitterly condemned – and rightly so.
Daniel Farber and Suzanna Sherry have argued that critical race theory, along with critical feminism and critical legal studies, has anti-Semitic and anti-Asian implications, has worked to undermine notions of democratic community, and has impeded dialogue.
Critical race theorists attack the very foundations of the [classical] liberal legal order, including equality theory, legal reasoning, Enlightenment rationalism and neutral principles of constitutional law. These liberal values, they allege, have no enduring basis in principle, but are mere social constructs calculated to legitimate white supremacy. The rule of law, according to critical race theorists, is a false promise of principled government, and they have lost patience with false promises.
Peter Wood, president of the National Association of Scholars, considers CRT a "grievance ideology" and an "absurdity". He sees the central tenet of "white racism in the American legal system" to be shown false because of items such as the 14th Amendment, the Voting Rights Acts, and Brown v. Board of Education. Critics including George Will saw resonances between critical race theory's use of storytelling and insistence that race poses challenges to objective judgments in the US and the acquittal of O. J. Simpson.
In September 2020, the White House Office of Management and Budget took steps to cancel funding for training in critical race theory among federal agencies on the basis that it constituted "divisive, un-American propaganda".
Critical race theory has stirred controversy since the 1980s over such issues as its:
- deviation from the ideal of color blindness;
- promotion of the use of narrative in legal studies;
- advocacy of "legal instrumentalism" as opposed to ideal-driven uses of the law;
- analysis of the U.S. Constitution and existing law as constructed according to and perpetuating racial power; and
- encouragement of legal scholars to be partial on the side of promoting racial equity.
In 2010, the Mexican American Studies Department Programs in Tucson, Arizona were effectively banned due to their connection to CRT, which was seen to be in violation of a recently-passed state law that "prohibits schools from offering courses that 'advocate ethnic solidarity instead of the treatment of pupils as individuals'." The ban included the confiscation of books, in some cases in front of students, by the Tucson Unified School District. Matt de la Peña's young-adult novel Mexican WhiteBoy was banned for containing CRT. However, this ban was later deemed unconstitutional on the grounds that the state showed discriminatory intent. "Both enactment and enforcement were motivated by racial animus," federal Judge A. Wallace Tashima said in the ruling.
Within critical race theory, various sub-groupings have emerged to focus on issues that fall outside the black-white paradigm of race relations as well as issues that relate to the intersection of race with issues of gender, sexuality, class and other social structures. For example, critical race feminism (CRF), Latino critical race studies (LatCrit), Asian American critical race studies (AsianCrit), South Asian American critical race studies (DesiCrit), and American Indian critical race studies (sometimes called TribalCrit). CRT methodology and analytical framework have also been applied to the study of white immigrant groups. CRT has spurred some scholars to call for a second wave of whiteness studies, which is now a small offshoot known as Second Wave Whiteness (SWW).
Latino critical race theory
This article may be too technical for most readers to understand. Please help improve it to make it understandable to non-experts, without removing the technical details. (September 2020) (Learn how and when to remove this template message)
The framework of Latino critical race theory (LatCRT) suggests that the social construction of race is central to how people of color are constrained in society. Race scholars developed the LatCRT as a critical response to the "problem of the color line" first explained by W. E. B. Du Bois. While CRT focuses on the Black–White paradigm, LatCRT has moved to consider other racial groups, mainly Chicana/Chicanos, as well as Latinos/as, Asians, Native Americans/First Nations, and women of color. In Critical Race Counterstories along the Chicana/Chicano Educational Pipeline, Tara J. Yosso discusses how the constraint of people of color (PoC) can be defined. Looking at the differences between Chicana/o students, the tenets that separate such individuals are:
- the intercentricity of race and racism;
- the challenge of dominant ideology;
- the commitment to social justice;
- the centrality of experience knowledge; and
- the interdisciplinary perspective.
LatCRTs main focus is to advocate social justice for those living in marginalized communities (specifically Chicana/os), which are guided by structural arrangements that disadvantage people of color. Social institutions function as dispossessions, disenfranchisement, and discrimination over minority groups, while LatCRT seeks to give voice to those who are victimized. In order to do so, LatCRT has created two common themes.
First, CRT proposes that white supremacy and racial power are maintained over time, a process that the law plays a central role in. Different racial groups lack the voice to speak in this civil society, and, as such, CRT has introduced a new critical form of expressions, called the voice of color. The voice of color is narratives and storytelling monologues used as devices for conveying personal racial experiences. These are also used to counter metanarratives that continue to maintain racial inequality. Therefore, the experiences of the oppressed are important aspects for developing a LatCRT analytical approach, and it has not been since the rise of slavery that an institution has so fundamentally shaped the life opportunities of those who bear the label of criminal.
Secondly, LatCRT work has investigated the possibility of transforming the relationship between law enforcement and racial power, as well as pursuing a project of achieving racial emancipation and anti-subordination more broadly. CRT finds the experiential knowledge of people of color and draws explicitly from these lived experiences as data, presenting research findings through storytelling, chronicles, scenarios, narratives, and parables.
- Delgado Bernal 2002. sfn error: no target: CITEREFDelgado_Bernal2002 (help)
- Yosso 2005.
- Gordon, Lewis R. (Spring 1999). "A Short History of the 'Critical' in Critical Race Theory". American Philosophy Association Newsletter. 98 (2). Archived from the original on 2 May 2003.
- Cole 2007.
- Crenshaw et al. 1995, p. 19 in "Introduction": "Critical Race Theory thus represents an attempt to inhabit and expand the space between two very different intellectual and ideological formations…[i.e. Civil Rights reform and Critical Legal Studies]"
- Crenshaw, Kimberlé Williams; Gotanda, Neil; Peller, Gary; Thomas, Kendall, eds. (1996). "Introduction". Critical Race Theory: The Key Writings that Formed the Movement. New York City: The New Press. ISBN 978-1-56584-271-7.
- Harris 2002.
- Delgado & Stefancic 2012, pp. 6–7.
- "What Is Critical Race Theory?". UCLA School of Public Affairs. November 4, 2009. Retrieved 11 March 2012.
- Brooks 1994, p. 85.
- Gottesman, Isaac (2016). "Critical Race Theory and Legal Studies". The Critical Turn in Education: From Marxist Critique to Poststructuralist Feminism to Critical Theories of Race. London, England: Taylor & Francis. ISBN 978-1317670957.
- Crenshaw et al. 1995, pp. xix–xxvii.
- Crenshaw, Kimberlé; Matsuda, Mari (17 January 2020). "Presidential Session: Intersectionality and Critical Race Theory". YouTube. American Studies Association.
- Oremus, Will (March 9, 2012). "Did Obama Hug a Radical?". Slate. Retrieved September 18, 2016.
- Carbado & Gulati 2003 sfnm error: no target: CITEREFCarbadoGulati2003 (help); Kang & Banaji 2006.
- Curry 2012.
- Curry 2009.
- Harris 1994, pp. 741–743.
- Crenshaw et al. 1995, p. xxiv: "To the emerging race crits, rights discourse held a social and transformative value in the context of racial subordination that transcended the narrower question of whether reliance on rights alone could bring about any determinate results"; Harris 1994.
- Bell 1995, p. 899.
- Delgado & Stefancic 1993, p. 462.
- Delgado & Stefancic 1993.
- Brayboy, Bryan McKinley Jones (December 2005). "Toward a Tribal Critical Race Theory in Education". The Urban Review. 37 (5): 425–446. doi:10.1007/s11256-005-0018-y. ISSN 0042-0972. S2CID 145515195.
- Delgado & Stefancic 1993; Delgado & Stefancic 2012, pp. 18–21; Dudziak 1993 sfnm error: no target: CITEREFDudziak1993 (help).
- Delgado & Stefancic 1993; Delgado & Stefancic 2012, pp. 51–55.
- Delgado & Stefancic 1993; Delgado & Stefancic 2012, pp. 56–57.
- Delgado & Stefancic 1993; Delgado & Stefancic 2012, pp. 26, 155.
- Delgado & Stefancic 2012, pp. 78–80.
- Delgado & Stefancic 2012, pp. 1–2.
- Delgado & Stefancic 2012, pp. 27–29.
- Harris 1993; Ladson-Billings 1999, p. 15 sfnm error: no target: CITEREFLadson-Billings1999 (help).
- Pyke 2010, p. 552.
- Jones 2002, pp. 9–10.
- Ground, Solid. "Definition & Analysis of Institutional Racism" (PDF).
- Matsuda, Mari J., and Charles R. Lawrence. 1993. "Epilogue: Burning Crosses and the R.A.V. Case." In Words That Wound: Critical Race Theory, Assaultive Speech and the First Amendment, edited by M. J. Matsuda et al.
- Delgado 1995 sfnm error: multiple targets (2×): CITEREFDelgado1995 (help); Kennedy 1990; Williams 1991.
- Posner, Richard A. (13 October 1997). "The Skin Trade" (PDF). The New Republic. 217 (15): 40–43. Archived from the original (PDF) on 5 October 2016.
- Kozinski, Alex (November 2, 1997). "Bending the Law". The New York Times. Retrieved September 17, 2016.
- Farber & Sherry 1997, pp. 9–11.
- Pyle 1999, p. 788.
- Wood, Peter (2012-03-17). "Bell Epoque - Innovations - The Chronicle of Higher Education". chronicle.com. Archived from the original on 2012-03-17. Retrieved 2020-09-18.
- Will, George (November 28, 1996). "Good News? Don't Want To Hear About It". The Washington Post. Retrieved March 23, 2012.
- Ansell, Amy (2008). "Critical Race Theory". In Richard T. Schaefer (ed.). Encyclopedia of Race, Ethnicity, and Society. Sage. pp. 344–46. ISBN 978-1-4129-2694-2.
- Dawsey, Josh; Stein, Jeff (5 September 2020). "White House directs federal agencies to cancel race-related training sessions it calls 'un-American propaganda'". Washington Post. Retrieved 5 September 2020.
- https://www.whitehouse.gov/wp-content/uploads/2020/09/M-20-34.pdf[full citation needed]
- Alex Seitz-Wald (March 21, 2012). "How Breitbart and Arizona seized on "critical race theory"". Salon.
- Rodriguez, Roberto Cintli (18 January 2012). "Arizona's 'banned' Mexican American books". The Guardian.
- Winerip, Michael (March 19, 2012). "Racial Lens Used to Cull Curriculum in Arizona". The New York Times.
- "Federal Judge Finds Racism Behind Arizona Law Banning Ethnic Studies".
- Delgado & Stefancic 1998.
- Harpalani 2013.
- Myslinska 2014a, pp. 559–560.
- Jupp, Berry & Lensmire 2016.
- Annamma, Connor & Ferri 2012. sfn error: no target: CITEREFAnnammaConnorFerri2012 (help)
- Myslinska 2014b.
- See, e.g., Levin 2008.
- Treviño, Harris & Wallace 2008.
- Yosso 2006.
- Yosso 2006, p. 7.
- Annamma, Subini Ancy (2012). "Dis/ability critical race studies (DisCrit): theorizing at the intersections of race and dis/ability". Race Ethnicity and Education. 16 (1): 1–31. doi:10.1080/13613324.2012.730511. S2CID 145739550.
- Bell, Derrick A, Jr. (1980). "Brown v. Board of Education and the Interest-Convergence Dilemma" (PDF). Harvard Law Review. 93 (3): 518–533. doi:10.2307/1340546. JSTOR 1340546. Retrieved September 18, 2016.CS1 maint: ref=harv (link)
- ——— (1995). "Who's Afraid of Critical Race Theory?". University of Illinois Law Review. 1995 (4): 893ff.CS1 maint: ref=harv (link)
- Brooks, Roy (1994). "Critical Race Theory: A Proposed Structure and Application to Federal Pleading". Harvard BlackLetter Law Journal. 11: 85ff. ISSN 0897-2761.CS1 maint: ref=harv (link)
- Carbado, Devon W.; Gulati, Mitu; Valdes, Francisco; Culp, Jerome McCristal; Harris, Angela P. (May 2003). "The Law and Economics of Critical Race Theory" (PDF). The Yale Law Journal. 112 (7): 1757. doi:10.2307/3657500. JSTOR 3657500.CS1 maint: ref=harv (link)
- Cole, Mike (2007). Marxism and Educational Theory: Origins and Issues. Taylor & Francis. ISBN 978-0-203-39732-9.CS1 maint: ref=harv (link)
- Crenshaw, Kimberlé (1988). "Race, Reform and Retrenchment: Transformation and Legitimation in Anti-Discrimination Law". Harvard Law Review. 101 (7): 1331–1387. doi:10.2307/1341398. ISSN 0017-811X. JSTOR 1341398.CS1 maint: ref=harv (link)
- Crenshaw, Kimberlé; Gotanda, Neil; Peller, Gary; Thomas, Kendall, eds. (1995). Critical Race Theory: The Key Writings that Formed the Movement. New York: The New Press. ISBN 978-1-56584-271-7.CS1 maint: ref=harv (link)
- Curry, Tommy J. (2009). "Will the Real CRT Please Stand Up: The Dangers of Philosophical Contributions to CRT". The Crit: A Critical Legal Studies Journal. 2 (1): 1–47. Retrieved September 17, 2016.CS1 maint: ref=harv (link)
- ——— (2012). "Shut Your Mouth when You're Talking to Me: Silencing the Idealist School of Critical Race Theory through a Culturalogic Turn in Jurisprudence". Georgetown Journal of Law and Modern Critical Race Studies. 3 (1): 1–38. ISSN 1946-3154. Retrieved September 17, 2016.CS1 maint: ref=harv (link)
- Delgado, Richard (1995). "Rodrigo's Tenth Chronicle: Merit and Affirmative Action". Georgetown Law Journal. 83 (4): 1711–1748. ISSN 0016-8092. SSRN 2094599.CS1 maint: ref=harv (link)
- Delgado, Richard; Stefancic, Jean (1993). "Critical Race Theory: An Annotated Bibliography". Virginia Law Review. 79 (2): 461–516. doi:10.2307/1073418. ISSN 0042-6601. JSTOR 1073418.CS1 maint: ref=harv (link)
- ——— (1998). The Latino/a Condition: A Critical Reader. New York University Press. ISBN 978-0-8147-1894-0.CS1 maint: ref=harv (link)
- ——— (2012). Critical Race Theory: An Introduction. Critical America (2nd ed.). New York University Press. ISBN 978-0-8147-2136-0.CS1 maint: ref=harv (link)
- Bernal, Dolores Delgado (February 2002). "Critical Race Theory, Latino Critical Theory, and Critical Raced-Gendered Epistemologies: Recognizing Students of Color as Holders and Creators of Knowledge". Qualitative Inquiry. 8 (1): 105–126. doi:10.1177/107780040200800107. S2CID 146643087.CS1 maint: ref=harv (link)
- Dudziak, Mary L. (November 1988). "Desegregation as a Cold War Imperative". Stanford Law Review. 41 (1): 61–120. doi:10.2307/1228836. JSTOR 1228836.CS1 maint: ref=harv (link)
- Farber, Daniel A.; Sherry, Suzanna (1997). Beyond All Reason: The Radical Assault on Truth in American Law. Oxford University Press. ISBN 978-0-19-535543-7.CS1 maint: ref=harv (link)
- Gates, Henry Louis, Jr. (1996). "Critical Race Theory and Freedom of Speech". In Menand, Louis (ed.). The Future of Academic Freedom. University of Chicago Press. pp. 119–159. ISBN 978-0-226-52004-9.CS1 maint: ref=harv (link)
- Harpalani, Vinay (12 August 2013). "DesiCrit: Theorizing the Racial Ambiguity of South Asian Americans" (PDF). New York University Annual Survey of American Law. 69 (1): 77–183. SSRN 2308892.CS1 maint: ref=harv (link)
- Harris, Angela P. (July 1994). "Foreword: The Jurisprudence of Reconstruction". California Law Review. 82 (4): 741–785. doi:10.2307/3480931. JSTOR 3480931.CS1 maint: ref=harv (link)
- Harris, Cheryl I. (June 1993). "Whiteness as Property". Harvard Law Review. 106 (8): 1707–1791. doi:10.2307/1341787. JSTOR 1341787.CS1 maint: ref=harv (link)
- ——— (2002). "Critical Race Studies: An Introduction". UCLA Law Review. 49 (5): 1215ff. ISSN 1943-1724.CS1 maint: ref=harv (link)
- Jones, Camara Phyllis (2002). "Confronting Institutionalized Racism". Phylon. 50 (1/2): 7–22. doi:10.2307/4149999. ISSN 0031-8906. JSTOR 4149999. S2CID 158126244.CS1 maint: ref=harv (link)
- Jupp, James C.; Berry, Theodorea Regina; Lensmire, Timothy J. (December 2016). "Second-Wave White Teacher Identity Studies: A Review of White Teacher Identity Literatures From 2004 Through 2014". Review of Educational Research. 86 (4): 1151–1191. doi:10.3102/0034654316629798. S2CID 147354763.CS1 maint: ref=harv (link)
- Kang, Jerry; Banaji, Mahzarin R. (2006). "Fair Measures: A Behavioral Realist Revision of Affirmative Action". California Law Review. 94 (4): 1063–1118. doi:10.15779/Z38370Q. SSRN 873907.CS1 maint: ref=harv (link)
- Kennedy, Duncan (September 1990). "A Cultural Pluralist Case for Affirmative Action in Legal Academia". Duke Law Journal. 1990 (4): 705–757. doi:10.2307/1372722. JSTOR 1372722.CS1 maint: ref=harv (link)
- Ladson-Billings, Gloria (January 1998). "Just what is critical race theory and what's it doing in a nice field like education?". International Journal of Qualitative Studies in Education. 11 (1): 7–24. doi:10.1080/095183998236863.CS1 maint: ref=harv (link)
- Levin, Mark (2008). "The Wajin's Whiteness: Law and Race Privilege in Japan". Hōritsu Jihō. 80 (2): 80–91. SSRN 1551462.CS1 maint: ref=harv (link)
- Matsuda, Mari (1987). "Looking to the Bottom: Critical Legal Studies and Reparations". Harvard Civil Rights-Civil Liberties Law Review. 22 (2): 323ff. ISSN 2153-2389.CS1 maint: ref=harv (link)
- Myslinska, Dagmar (2014a). "Contemporary First-Generation European-Americans: The Unbearable 'Whiteness' of Being". Tulane Law Review. 88 (3): 559–625. ISSN 0041-3992. SSRN 2222267.CS1 maint: ref=harv (link)
- ——— (2014b). "Racist Racism: Complicating Whiteness Through the Privilege and Discrimination of Westerners in Japan". UMKC Law Review. 83 (1): 1–55. ISSN 0047-7575. SSRN 2399984.CS1 maint: ref=harv (link)
- Pyke, Karen D. (2010). "What is Internalized Racial Oppression and Why Don't We Study it? Acknowledging Racism's Hidden Injuries". Sociological Perspectives. 53 (4): 551–572. doi:10.1525/sop.2010.53.4.551. ISSN 1533-8673. JSTOR 10.1525/sop.2010.53.4.551. S2CID 43997467.CS1 maint: ref=harv (link)
- Pyle, Jeffrey (1 May 1999). "Race, Equality and the Rule of Law: Critical Race Theory's Attack on the Promises of Liberalism". Boston College Law Review. 40 (3): 787–827.CS1 maint: ref=harv (link)
- Treviño, A. Javier; Harris, Michelle A.; Wallace, Derron (March 2008). "What's so critical about critical race theory?". Contemporary Justice Review. 11 (1): 7–10. doi:10.1080/10282580701850330. S2CID 145399733.CS1 maint: ref=harv (link)
- Williams, Patricia J. (1991). The Alchemy of Race and Rights: Diary of a Law Professor. Cambridge, Massachusetts: Harvard University Press. ISBN 978-0-674-01470-1.CS1 maint: ref=harv (link)
- Yosso, Tara J. (March 2005). "Whose culture has capital? A critical race theory discussion of community cultural wealth". Race Ethnicity and Education. 8 (1): 69–91. doi:10.1080/1361332052000341006.CS1 maint: ref=harv (link)
- ——— (2006). Critical Race Counterstories along the Chicana/Chicano Educational Pipeline. Teaching/Learning Social Justice. New York: Routledge. ISBN 978-0-415-95195-1.CS1 maint: ref=harv (link)
- Brewer, Mary (2005). Staging Whiteness. Middletown, Connecticut: Wesleyan University Press. ISBN 978-0-8195-6769-7.
- Curran, Andrew (2011). The Anatomy of Blackness: Science and Slavery in an Age of Enlightenment. Baltimore: Johns Hopkins University Press. ISBN 9781421409658.
- Delgado, Richard, ed. (1995). Critical Race Theory: The Cutting Edge. Philadelphia: Temple University Press. ISBN 978-1-56639-347-8.
- Dixson, Adrienne D.; Rousseau, Celia K., eds. (2006). Critical Race Theory in Education: All God's Children Got a Song. New York: Routledge. ISBN 978-0-415-95292-7.
- Epstein, Kitty Kelly (2006). A Different View of Urban Schools: Civil Rights, Critical Race Theory, and Unexplored Realities. Peter Lang. ISBN 978-0-8204-7879-1.CS1 maint: ref=harv (link)
- Ladson-Billings, Gloria; Tate, William F, IV (1994). "Toward a Critical Race Theory of Education" (PDF). Teachers College Record. 97 (1): 47–68. ISSN 0161-4681. Retrieved September 18, 2016.
- Solorzano, Daniel G. (1997). "Images and Words that Wound: Critical Race Theory, Racial Stereotyping, and Teacher Education" (PDF). Teacher Education Quarterly. 24 (3): 5–19. JSTOR 23478088.
- Solórzano, Daniel; Ceja, Miguel; Yosso, Tara (2000). "Critical Race Theory, Racial Microaggressions, and Campus Racial Climate: The Experiences of African American College Students". The Journal of Negro Education. 69 (1/2): 60–73. JSTOR 2696265. ProQuest 222072305.
- Solorzano, Daniel G.; Bernal, Dolores Delgado (May 2001). "Examining Transformational Resistance Through a Critical Race and Latcrit Theory Framework: Chicana and Chicano Students in an Urban Context". Urban Education. 36 (3): 308–342. doi:10.1177/0042085901363002. S2CID 144784134.CS1 maint: ref=harv (link)
- Solorzano, Daniel G.; Yosso, Tara J. (July 2001). "Critical race and LatCrit theory and method: Counter-storytelling". International Journal of Qualitative Studies in Education. 14 (4): 471–495. doi:10.1080/09518390110063365. S2CID 144999298.CS1 maint: ref=harv (link)
- Solórzano, Daniel G.; Yosso, Tara J. (May 2002). "A Critical Race Counterstory of Race, Racism, and Affirmative Action". Equity & Excellence in Education. 35 (2): 155–168. doi:10.1080/713845284. S2CID 146680966.
- Tate, William F. (January 1997). "Chapter 4: Critical Race Theory and Education: History, Theory, and Implications". Review of Research in Education. 22 (1): 195–247. doi:10.3102/0091732X022001195. JSTOR 1167376. S2CID 53626156.
- Tyson, Lois (2006). Critical Theory Today: A User-Friendly Guide 2nd Edition. New York-London: Routledge, Taylor & Francis Group. ISBN 978-0415974103.
- Vélez, Veronica; Huber, Lindsay Perez; Lopez, Corina Benavides; de la Luz, Ariana; Solórzano, Daniel G. (2008). "Battling for Human Rights and Social Justice: A Latina/o Critical Race Media Analysis of Latina/o Student Youth Activism in the Wake of 2006 Anti-Immigrant Sentiment". Social Justice. 35 (1): 7–27. JSTOR 29768477.