The Law Unbound!: A Richard Delgado Reader
This book offers the best and most influential writings of Richard Delgado, one of the founding figures of the critical race theory movement and one of the earliest scholars to address the harms of hate speech. With excerpts from his classic law review articles, conversations with his famous alter ego Rodrigo Crenshaw, and comments on the vicissitudes of academic life, this book spans topics such as hate speech, affirmative action, the war on terror, the endangered status of black men, and...
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This book offers the best and most influential writings of Richard Delgado, one of the founding figures of the critical race theory movement and one of the earliest scholars to address the harms of hate speech. With excerpts from his classic law review articles, conversations with his famous alter ego Rodrigo Crenshaw, and comments on the vicissitudes of academic life, this book spans topics such as hate speech, affirmative action, the war on terror, the endangered status of black men, and the place of Latinos in the civil rights equation.
Acknowledgments viiIntroduction ixNarrative and Legal Storytelling 1Storytelling for Oppositionists and Others: A Plea for Narrative 3Rodrigo's Chronicle 20Rodrigo's Third Chronicle: Care, Competition, and the Redemptive Tragedy of Race 34Rodrigo's Final Chronicle: Cultural Power, the Law Reviews, and the Attack on Narrative Jurisprudence 52Rodrigo's Eleventh Chronicle: Empathy and False Empathy 69Critical Theory 91The Racial Double Helix: Watson, Crick, and Brown v. Board of Education 93Rodrigo's Fourth Chronicle: Neutrality and Stasis in Antidiscrimination Law 101Rodrigo's Eighth Chronicle: Black Crime, White Fears-On the Social Construction of Threat 117Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, and the Rule of Law 137Linking Arms: Interracial Coalition as an Avenue of Social Reform 154Law, Legal Education, and the Legal Profession 165The Imperial Scholar: Reflections on a Review of Civil Rights Literature 167Rodrigo's Thirteenth Chronicle: Legal Formalism and Law's Discontents 175Official Elitism or Institutional Self-Interest? Ten Reasons Why Law Schools Should Abandon the LSAT 197HateSpeech 209Words That Wound: A Tort Action for Racial Insults Epithets, and Name-Calling 211The "More Speech" Solution: Can Free Expression Remedy Systemic Social Ills? 217Campus Antiracism Rules: Constitutional Narratives in Collision 225Toward a Legal Realist View of the First Amendment 234Law Reform 241The Social Construction of Brown v. Board of Education: Law Reform and the Reconstructive Paradox 243Joseph Sax, the Public Trust Theory of Environmental Protection and Some Dark Thoughts on the Possibility of Law Reform 253On Taking Back Our Civil Rights Promises: When Equality Doesn't Compute 258Rodrigo's Sixth Chronicle: Intersections, Essences, and the Dilemma of Social Reform 262Latinos and Other Nonblack Minorities 283Rodrigo's Fifteenth Chronicle: Racial Mixture, Latino-Critical Scholarship, and the Black-White Binary 285Derrick Bell's Toolkit: Fit to Dismantle That Famous House? 296Politics and Critique 307Shadowboxing: An Essay on Power 309Rodrigo's Seventh Chronicle: Race, Democracy, and the State 314Rodrigo's Remonstrance: Love and Despair in an Age of Indifference 327Rodrigo's Roadmap: Is the Marketplace Theory for Eradicating Discrimination a Blind Alley? 338Zero-Based Racial Politics: An Evaluation of Three Best-Case Arguments on Behalf of the Nonwhite Underclass 356Affirmative Action 3631998 Hugo L. Black Lecture: Ten Arguments against Affirmative Action-How Valid? 365Rodrigo's Tenth Chronicle: Merit and Affirmative Action 375Annotated Bibliography 397Index 419About the Author and Editors 431
\ From the Publisher"Richard Delgado is a towering figure in contemporary legal studies. His subtle intelligence, deep love of justice, and democratic vision are contagious. There is no one like him on the scene!" \ “Richard Delgado and his alter-ego Rodrigo are a breath of fresh air in the legal academy and social sciences - or perhaps a tornado, if tornados can be salutary. Delgado's essays mix passion, commitment, a hard-edged intellect, deep knowledge, and imagination to create a corpus of work that blows away conventional wisdom and easy assumptions. His insistence that class matters as well as race, that free speech should be examined as well as celebrated, that narrative generates as much insight as logic or data all teach us to be better scholars and better citizens. This collection of essays is a boon to those of us who already value his work and it will extend his reach to those poor benighted souls who do not yet know it as well as they should.”—\ “A triple delight: a path-finding lawyer, a mesmerizing story-teller, and a Quixotic hero, all in one. The Rodrigo Chronicles are lucid explorations of the shifting paradigms that define America today. They prove that Richard Delgado is more than a brainchild of the Enlightenment; he's one of its sharpest critics. His work is at the avant-garde in rethinking race and democracy. In short, he's the real thing, and the rarest.”\ "Richard Delgado has done it again! In these classic essays, Delgado's restless mind touches on everything from the politics of academic scholarship to the economics of right-wing activism, from the harms of hate speech to the connection between racism and free-market economics. His writing is crisp, his imagination lively, and his thoughts always provocative and trenchant. This is an essential collection for those interested in critical race theory and critical legal scholarship more generally."—\ \ \
