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Arthur Austin - The Empire Strikes Back: Outsiders and the Struggle over Legal Education (Critical America)

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Once dismissed as plodding and superfluous, legal scholarship is increasingly challenging the liberal white male establishment that currently dominates legal education and practice. The most significant development since the emergence of the casebook, at the turn of the century, this trend has unleashed a fierce political struggle. At stake is nothing less than the entire enterprise of law and education, and thus a powerful platform from which to shape society. The result, here vividly recounted by Arthur Austin, has been an uncompromising, take-no-prisoners fight for dominance. The challenge comes from Outsiders, a collection of feminists, critical race theorists, and critical legal studies scholars who rely on unconventional methods such as storytelling to give voice to the underrepresented. In the other, demographically larger camp resides the monolithic Empire, consisting of traditionalists who, having developed an effective form of scholarship, now circle the wagons against the outsider heathens. Neither partisan nor objective, Austin is both respectful and critical of each faction. The Empire, he believes, is imperious, closed-minded, and self-perpetuating; the Outsiders are too often paranoid, anti-pragmatic, and overly tolerant of fringe work. Is the new scholarship a vacuous, overpoliticized, soon-to-be-vanquished trend or the harbinger of an important new paradigm? Is reconciliation possible? Anyone with a vested interest in the answer to these questions, and in the future of law, cannot afford to miss Arthur Austins invaluable volume. Arthur Austin is the Edgar A. Hahn Professor of Jurisprudence at Case Western Reserve University.

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Page i The Empire Strikes Back title The Empire Strikes Back - photo 1
Page i
The Empire Strikes Back

title:The Empire Strikes Back : Outsiders and the Struggle Over Legal Education Critical America
author:Austin, Arthur.
publisher:New York University Press
isbn10 | asin:0814706509
print isbn13:9780814706503
ebook isbn13:9780585022963
language:English
subjectLaw--Study and teaching--United States, Critical legal studies--United States, Sociological jurisprudence.
publication date:1998
lcc:KF272.A93 1998eb
ddc:340/.071/173
subject:Law--Study and teaching--United States, Critical legal studies--United States, Sociological jurisprudence.
Page ii
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. Wildman
with Margalynne Armstrong, Adrienne D. Davis, and Trina Grillo
Does the Law Morally Bind the Poor?
or What Good s the Constitution When You Can't 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 Don't Wish Me a Merry Christmas:
A Critical History of the Separation of Church and State
Stephen M. Feldman
Page iii
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
American Law in the Age of Hypercapitalism:
The Worker, the Family and the State
Ruth Colker
Heretics in the Temple:
Americans Who Reject the Nation's Legal Faith
David Ray Papke
The Empire Strikes Back:
Outsiders and the Struggle over Legal Education
Arthur Austin
Page v
The Empire Strikes Back
Outsiders and the Struggle
over Legal Education
Arthur Austin

NEW YORK UNIVERSITY PRESS
New York and London
Page vi
NEW YORK UNIVERSITY PRESS
New York and London
Copyright 1998 by New York University
All rights reserved
Library of Congress Cataloging-in-Publication Data
Austin, Arthur, 1932
The empire strikes back: outsiders and the struggle over legal
education / Arthur Austin
p. cm. (Critical America)
Includes bibliographical references and index.
ISBN 0-8147-0650-9 (clothbound: acid-free paper)
ISBN 0-8147-0651-7 (paperback: acid-free paper)
1. LawStudy and teachingUnited States. 2. Critical legal
studiesUnited States. 3. Sociological jurisprudence. I. Title.
II. Series.
KF272.A93 1998
340'.071' 173ddc21
98-9046
CIP
New York University Press books are printed on acid-free paper,
and their binding materials are chosen for strength and durability.
Manufactured in the United States of America
10 9 8 7 6 5 4 3 2 1
Page vii
Dedicated to the men of the First Platoon,
Love Company, 32nd Infantry Regiment,
who went up Porkchop Hill on July 10, 1953.
Page ix
Contents
Acknowledgments
xiii
Note to the Reader
xv
1. The Outsiders vs. the Empire
1
The Players: Empire, Crits, Feminists, and CRT
1
Feminism Emerges: The Dalton Case
4
The Voice of Derrick Bell
5
The Implications
6
The Preface
9
2. The Empire
14
The Indulgences of the Eighties
14
Evita Syzygy
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