CRT recap

Critical Race Theory:

• Is taught only in the US

• Is taught also in Europe

• Has not been applied on a European context

• Has been applied to other contexts than the US

Critical Race Theory:

• Assumes that racism is exceptional

• Split off from Critical Legal Studies in the 1960s

• Borrows from European philosophy

• Engages in deconstruction

Legal indeterminacy:

• Is not a tenant of CRT

• Refers only to case-law

• Is a tenant of CRT and of CLS

• Supports the idea that not every legal case has one correct outcome

Whiteness:

• Is not a concept used by CRT

• Refers to the dominant norm in US society

• Is a social construct

• Is no longer the norm in US society

CRT scholars:

• Believe that race is a social construct

• Support the idea that racism is always overt

• Support historical revisionism

• Are objective

Affirmative action:

• Can only be enacted through the legislative branch

• Is banned in the US

• Is called "positive action" in Europe

• Is accepted in most countries

Convergence of interest:

• Can explain most progress in human rights protection

• Refers only to affirmative action

• Cannot explain human rights progress outside the US

• Is a central tenant of CRT

Intersectional discrimination:

• Is a form of indirect discrimination

• Has its origins in feminist literature

• Is a form of direct discrimination

• Is generally accepted in most national anti-discrimination legal frameworks

Convergence of interest:

• Can be used to interpret human rights progress

• Was first used by Derrick Bell

• Was used to analyze Brown v. Board of Education

• Can refer to minorities and elites reaching common ground

The case that institutionalized segregation in the US :

• Established 'separate but equal'

• Was a case of color blindness

• Was Plessy v. Ferguson (1896)

• Was DeGraffenreid v. General Motors (1976)