Critical Race Theory: Cases, Materials, and Problems

Dorothy A. Brown, Georgetown University Law Center

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Table of Contents

Teacher's Manual

Revised Introduction sets the tone for raising economic justice issues throughout the book. Includes an excerpt from Mari Matsuda’s Looking to the Bottom: Critical Legal Studies and Reparations, 22 Harv. C.R.-C.L. L. Rev. 323 (1987). The role that the law has played in creating and increasing the racial wealth gap is explored throughout the book.

Connections between the judge’s individual characteristics which may impact their decision making are highlighted throughout this edition. For example, should judges who enslaved people have ruled on the question of slavery or should they have recused themselves?

Civil Procedure Chapter has been moved to the first of the substantive law chapters. Access to the courts is an important part of securing rights for those marginalized by the law. The Chapter begins with the Dred Scott decision and ends with a 21st century access question. It includes the class action complaint against the City of Jennings in Missouri which jailed motorists unable to pay traffic fines. But for access to lawyers, these plaintiffs would have never had their legal rights upheld.

The Contracts Chapter now includes a 2014 unconscionability case about payday lending in the State of New Mexico: King v. B&B Investment Group, Inc., 329 P.3d 658 (2014).

The Property Chapter now begins with an excerpt from K-Sue Park, The History Wars and Property Law: Conquest and Slavery as Foundational to the Field, 131 Yale L.J. 1062 (2022) which argues that the foundations of property law doctrine rest upon racial violence and ends with Cheryl Harris’ Whiteness as Property.

Learn more about this series.