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Acknowledgments vii
Introduction ix
Narrative and Legal Storytelling 1
Storytelling for Oppositionists and Others: A Plea for Narrative 3
Rodrigo's Chronicle 20
Rodrigo's Third Chronicle: Care, Competition, and the Redemptive Tragedy of Race 34
Rodrigo's Final Chronicle: Cultural Power, the Law Reviews, and the Attack on Narrative Jurisprudence 52
Rodrigo's Eleventh Chronicle: Empathy and False Empathy 69
Critical Theory 91
The Racial Double Helix: Watson, Crick, and Brown v. Board of Education 93
Rodrigo's Fourth Chronicle: Neutrality and Stasis in Antidiscrimination Law 101
Rodrigo's Eighth Chronicle: Black Crime, White Fears-On the Social Construction of Threat 117
Rodrigo's Ninth Chronicle: Race, Legal Instrumentalism, and the Rule of Law 137
Linking Arms: Interracial Coalition as an Avenue of Social Reform 154
Law, Legal Education, and the Legal Profession 165
The Imperial Scholar: Reflections on a Review of Civil Rights Literature 167
Rodrigo's Thirteenth Chronicle: Legal Formalism and Law's Discontents 175
Official Elitism or Institutional Self-Interest? Ten Reasons Why Law Schools Should Abandon the LSAT 197
HateSpeech 209
Words That Wound: A Tort Action for Racial Insults Epithets, and Name-Calling 211
The "More Speech" Solution: Can Free Expression Remedy Systemic Social Ills? 217
Campus Antiracism Rules: Constitutional Narratives in Collision 225
Toward a Legal Realist View of the First Amendment 234
Law Reform 241
The Social Construction of Brown v. Board of Education: Law Reform and the Reconstructive Paradox 243
Joseph Sax, the Public Trust Theory of Environmental Protection and Some Dark Thoughts on the Possibility of Law Reform 253
On Taking Back Our Civil Rights Promises: When Equality Doesn't Compute 258
Rodrigo's Sixth Chronicle: Intersections, Essences, and the Dilemma of Social Reform 262
Latinos and Other Nonblack Minorities 283
Rodrigo's Fifteenth Chronicle: Racial Mixture, Latino-Critical Scholarship, and the Black-White Binary 285
Derrick Bell's Toolkit: Fit to Dismantle That Famous House? 296
Politics and Critique 307
Shadowboxing: An Essay on Power 309
Rodrigo's Seventh Chronicle: Race, Democracy, and the State 314
Rodrigo's Remonstrance: Love and Despair in an Age of Indifference 327
Rodrigo's Roadmap: Is the Marketplace Theory for Eradicating Discrimination a Blind Alley? 338
Zero-Based Racial Politics: An Evaluation of Three Best-Case Arguments on Behalf of the Nonwhite Underclass 356
Affirmative Action 363
1998 Hugo L. Black Lecture: Ten Arguments against Affirmative Action-How Valid? 365
Rodrigo's Tenth Chronicle: Merit and Affirmative Action 375
Annotated Bibliography 397
Index 419
About the Author and Editors 431
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Cedric Martel
reviewed The Law Unbound!: A Richard Delgado Reader on January 23, 2008
The Law Unbound!: A Richard Delgado Reader
This is a a particularly stodgy-looking volume--the hardcover has a little profile cameo of dilthey and is grey. inside there are 4 main texts written between 1887-1910--what holds them together is dilthey's project of historicizing aesthetics in general, poetics in particular (relativizing the traditional categories, making the methodology more inductive) and interest in making things as a psycho-social process.
not surprisingly, dilthey's work in this area is also a product of its situation (whence the emphasis on genius in the earlier texts and on the always irritating goethe/holderin nexus of "great germanic poetry" the "highest expression of the german spirit" blah blah blah in the later)...
poetry linked to process, to forming, to generating representation not in the sense of image-of but more in the sense of pattern (networks of associations/distinctions, valences, etc), so not an Event in the old-school poetry-as-Oracular sense but an event in the sense of traces of the processes of bringing-into-relation---but this presupposes an equivalence between poetry as a surface and perception that tends to efface technique.
on the other hand, dilthey worries the problem of communication--if there is something of an event-status to poetry, that event refers mostly to the person doing the writing: so what links the experience of poet to that of reader and how does this linkage work? which brings technique back in again. turn of the century academic types of technique, of course--newer versions could run in other directions.
dilthey probably lay as much behind benjamin as does marx, if you think about it.
anyway-->
this is perhaps best approached from one of two directions: either knit into a broader reading of dilthey's other writing (which would enable controlling for the terminological looseness and emphasis on emotion which is of a piece with it in favor of the more rigorous frames in his historical/hermeneutics)
or as material to be cut up.
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