Duncan Kennedy - Legal Education and the Reproduction of Hierarchy: A Polemic Against the System

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Legal Education and the Reproduction of Hierarchy

CRITICAL AMERICA
General Editors: Richard Delgado and Jean Stefancic

White by Law:
The Legal Construction of Race
Ian F. Haney Lpez

Cultivating Intelligence:
Power, Law, and the Politics of Teaching
Louise Harmon and Deborah W. Post

Privilege Revealed:
How Invisible Preference Undermines America
Stephanie M. Wildmand with Margalynne Armstrong, Adrienne D. Davis, and Trina Grillo

Does the Law Morally Bind the Poor? or What Goods the Constitution When You Cant Afford a Loaf of Bread?
R. George Wright

Hybrid:
Bisexuals, Multiracials, and Other Misfits under American Law
Ruth Colker

Critical Race Feminism:
A Reader
Edited by Adrien Katherine Wing

Immigrants Out!
The New Nativism and the Anti-Immigrant Impulse in the United States
Edited by Juan F. Perea

Taxing America
Edited by Karen B. Brown and Mary Louise Fellows

Notes of a Racial Caste Baby:
Color Blindness and the End of Affirmative Action
Bryan K. Fair

Please Dont Wish Me a Merry Christmas:
A Critical History of the Separation of Church and State
Stephen M. Feldman

To Be an American:
Cultural Pluralism and the Rhetoric of Assimilation
Bill Ong Hing

Negrophobia and Reasonable Racism:
The Hidden Costs of Being Black in America
Jody David Armour

Black and Brown in America:
The Case for Cooperation
Bill Piatt

Black Rage Confronts the Law
Paul Harris

Selling Words:
Free Speech in a Commercial Culture
R. George Wright

The Color of Crime:
Racial Hoaxes, White Fear, Black Protectionism, Police Harassment, and Other Macroaggressions
Katheryn K. Russell

The Smart Culture:
Society, Intelligence, and Law
Robert L. Hayman, Jr.

Was Blind, But Now I See:
White Race Consciousness and the Law
Barbara J. Flagg

The Gender Line:
Men, Women, and the Law
Nancy Levit

Heretics in the Temple:
Americans Who Reject the Nations Legal Faith
David Ray Papke

The Empire Strikes Back:
Outsiders and the Struggle over Legal Education
Arthur Austin

Interracial Justice:
Conflict and Reconciliation in PostCivil Rights America
Eric K. Yamamoto

Black Men on Race, Gender, and Sexuality:
A Critical Reader
Edited by Devon Carbado

When Sorry Isnt Enough:
The Controversy over Apologies and Reparations for Human Injustice
Edited by Roy L. Brooks

Disoriented:
Asian Americans, Law, and the Nation State
Robert S. Chang

Rape and the Culture of the Courtroom
Andrew E. Taslitz

The Passions of Law
Edited by Susan A. Bandes

Global Critical Race Feminism:
An International Reader
Edited by Adrien Katherine Wing

Law and Religion:
Critical Essays
Edited by Stephen M. Feldman

Changing Race:
Latinos, the Census, and the History of Ethnicity
Clara E. Rodrguez

From the Ground Up:
Environmental Racism and the Rise of the Environmental Justice Movement
Luke Cole and Sheila Foster

Nothing but the Truth:
Why Trial Lawyers Dont, Cant, and Shouldnt Have to Tell the Whole Truth
Steven Lubet

Critical Race Theory:
An Introduction
Richard Delgado and Jean Stefancic

Playing It Safe:
How the Supreme Court Sidesteps Hard Cases
Lisa A. Kloppenberg

Why Lawsuits Are Good for America:
Disciplined Democracy, Big Business, and the Common Law
Carl T. Bogus

How the Left Can Win Arguments and Influence People:
A Tactical Manual for Pragmatic Progressives
John K. Wilson

Aftermath:
The Clinton Impeachment and the Presidency in the Age of Political Spectacle
Edited by Leonard V. Kaplan and Beverly I. Moran

Getting over Equality:
A Critical Diagnosis of Religious Freedom in America
Steven D. Smith

Critical Race Narratives:
A Study of Race, Rhetoric, and Injury
Carl Gutirrez-Jones

Social Scientists for Social Justice:
Making the Case against Segregation
John P. Jackson, Jr.

Victims in the War on Crime:
The Use and Abuse of Victims Rights
Markus Dirk Dubber

Original Sin:
Clarence Thomas and the Failure of the Constitutional Conservatives
Samuel A. Marcosson

Policing Hatred:
Law Enforcement, Civil Rights, and Hate Crime
Jeannine Bell

Destructive Messages:
How Hate Speech Paves the Way for Harmful Social Movements
Alexander Tsesis

Moral Imperialism:
A Critical Anthology
Edited by Berta Esperanza Hernndez-Truyol

In the Silicon Valley of Dreams:
Environmental Injustice, Immigrant Workers, and the High-Tech Global Economy
David N. Pellow and Lisa Sun-Hee Park

Mixed Race America and the Law:
A Reader
Kevin R. Johnson

Critical Race Feminism:
A Reader, Second Edition
Edited by Adrien Katherine Wing

Murder and the Reasonable Man:
Passion and Fear in the Criminal Courtroom
Cynthia K. Lee

Success without Victory:
Lost Legal Battles and the Long Road to Justice in America
Jules Lobel

Greasers and Gringos:
Latinos, Law, and the American Imagination
Steven W. Bender

Saving Our Children from the First Amendment
Kevin W. Saunders

Elusive Citizenship:
Immigration, Asian Americans, and the Paradox of Civil Rights
John S. W. Park

Truth, Autonomy, and Speech:
Feminist Theory and the First Amendment
Susan H. Williams

Legal Education and the Reproduction of Hierarchy: A Polemic against the System: A Critical Edition
Duncan Kennedy, with commentaries by Paul Carrington, Peter Gabel, Angela Harris and Donna Maeda, and Janet Halley

A Polemic against the System

A CRITICAL EDITION

Duncan Kennedy

WITH COMMENTARIES BY
Paul Carrington, Peter Gabel,
Angela Harris and Donna Maeda, and Janet Halley
WITH AN INTRODUCTION AND AFTERWORD BY THE AUTHOR

NEW YORK UNIVERSITY PRESS
New York and London
www.nyupress.org

2004 by New York University
All rights reserved

Library of Congress Cataloging-in-Publication Data
Kennedy, Duncan, 1942
Legal education and the reproduction of hierarchy :
a polemic against the system : a critical edition
Duncan Kennedy, with commentaries by Paul Carrington [et al.].
p. cm. (Critical America)
With an introduction and afterword by the author.
ISBN 0814747787 (cloth : alk. paper)