Document Type
Article
Publication
Cardozo Law Review
Year
2000
Citation Information
Daria Roithmayr, Left Over Rights, 22 CARDOZO L. REV. 1113 (2000), available at https://scholar.law.colorado.edu/faculty-articles/1873.
Abstract
This Essay focuses on Duncan Kennedy's argument for a "post-rights" position, in the wake of the earlier critical legal studies critique of rights and the ensuing response by Critical Race Theorists. I argue that, notwithstanding Kennedy's loss of faith in rights discourse, rights talk might still be pragmatically useful for communities of color to operate strategically within the accepted legal framework, or to subvert that framework in order to advance particular political commitments for particular communities of color at particular moments in history.
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