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Reconstructing Critical Legal Studies
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no DOI — not checkedTo avoid confusion, I have referred throughout (except in quotations I cannot alter) to social theory as an attempt to account for social orders or regimes rather than cognitive or other structures. On structuralism, see, for example, from the same year as Kennedy's manuscript
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no DOI — not checkedI am just trolling his book title, but for his own attempt to balance "contingency" and "inevitability," see, for example, John Fabian Witt, Contingency, Immanence, and Inevitability in the Law of Accidents, 1
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no DOI — not checkedThe Spandrels of San Marco and the Panglossian Paradigm: A Critique of the Adaptationist Programme
no DOI — not checkedbecause the people pushing for alternatives were weaker and lost out in their struggle or because both winners and losers shared a common consciousness that set the agenda for all of them, highlighting some possibilities and suppressing others completely
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no DOI — not checkedSanta Clara Revisited: The Development of Corporate Theory, 88 W. VA
no DOI — not checkedThe Crystalline Structure of Legal Thought, 39 RUTGERS L. REV. 1, 1 (1986) (crediting Kennedy for "open[ing] my eyes to a new way of thinking about law") and, especially impressively
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no DOI — not checkedKnowledge and Politics in International Law
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no DOI — not checkedDeconstruction's Legal Career, 27 CARDOZO L. REV
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no DOI — not checkedCorinne Blalock provocatively suggests that critical legal studies missed neoliberalism at the very moment of its 1970s inception-and in Kennedy's version was perhaps even an instantiation or reflection of it. See generally Corinne Blalock, Neoliberalism and the Crisis of Legal Theory, 77 LAW & CONTEMP
no DOI — not checkedoffer some preliminary ideas about how we might best reconstruct legal scholarship to address the fundamental challenges of our time
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no DOI — not checked(comparing the "biography of the typical Crit" with the "biography of the black, brown, red, and yellow folks who have circled around CLS' door in fluctuating numbers for the last ten years, always invited in for tea, but rarely invited to stay for supper, let we use the wrong intellectual fork"). For some narratives of critical race theory as a partial or total revolt from critical legal studies, see Joel F. Handler, Postmodernism, Protest, and the New Social Movements, 26 LAW & SOC'Y REV
no DOI — not checkedForeword: The Jurisprudence of Reconstruction, 82 CALIF
no DOI — not checkedsome founders of critical race theory are deeply involved in the law and political economy movement
no DOI — not checkedBlack people will never gain full equality in this
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no DOI — not checkedServing Two Masters: Integration Ideals and Client Interests in School Desegregation Litigation
no DOI — not checked59 (citing and depending more than is commonly understood on former NAACP colleague Leroy Clark's earlier but less conclusive writing on coopted litigating elites and self-serving whites)
no DOI — not checkedRace Consciousness
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no DOI — not checked(proposing to rehabilitate precisely the early Duncan Kennedy who broke so radically from social theory in order to make Marxism more credible today); see also Ntina Tzouvala, International Law and (the Critique of) Political Economy
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no DOI — not checkedThe Standard of Civilisation: Between Legal Indeterminacy and Political Economy, 14 TRANSNAT
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no DOI — not checkedI made this claim, unpopular in some circles
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