As defined by Roy L. Brooks, Critical Race Theory (“CRT”) is a collection of critical stances against the existing legal order from a race-based point of view. Lolita Buckner Inniss, “Other Spaces” in Legal Pedagogy, 28 Harvard Journal On Racial & Ethnic Justice, 67, 68 (2012). The explicit goal of CRT is racial anti-subordination by means of de-privileging and deconstructing certain legal methodologies. Id. at 70. An example of CRT in action would be using personal stories and anecdotes to illustrate points instead of relying solely upon arm's length, third party recitations of facts. Id. However, while race is clearly central to CRT, a central principle of CRT is the notion that race is primarily socially constructed. Id. CRT was born out
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American Airlines case, the same could be said in that the Judge did not follow a CLS-minded approach in his opinion. As previously stated, adherent of CLS would likely look at a case such as Rogers and say that this case was inherently political. At the same time, the Judge in Rogers did not follow a Critical Race Theory (“CRT”) based approach in reaching his opinion. The Judge in Rogers, did not cite any sort of personal stories and anecdotes to illustrate points. Instead, the Judge relied upon arm's length, third party recitation of facts. This point is exemplified, when he stated, ““Moreover, it is proper to note that defendants have alleged without contravention that plaintiff first appeared at work in the all-braided hairstyle on or about September 25, 1980, soon after the style had been popularized by a white actress in the film “10”.” Rogers v. American Airlines, 527 F.Supp. 229, 231 (1981). This statement alone could be defined as a heterotopia, a simultaneous representation of all other spaces from Other Spaces, which allowed the Judge to reconcile his justifications in his opinion for dismissing Plaintiff’s. Going further with the term heterotopia, the Judge’s opinion comes off as an alternate interpretation and vision of real life. As Innis stated, “ heterotopias help their outside or insider inhabitants to refresh their spirits or to reconcile differences so that they may rejoin the real world and properly value utopian ideals”, Lolita Buckner Inniss, “Other Spaces” in Legal Pedagogy, 28 Harvard Journal On Racial & Ethnic Justice, 67, 78 (2012). Applying Inniss’ explanation to the Judge’s utopian view allows him to justify that race did not play a factor in American Airline’s policy. The Judge’s reconciliation of using one white actress as an example to justify the absence of race in American Airlines policy is an example of modern heterotopian and allowed for him to uphold precedent while implicitly seeking refuge as
American Airlines case, the same could be said in that the Judge did not follow a CLS-minded approach in his opinion. As previously stated, adherent of CLS would likely look at a case such as Rogers and say that this case was inherently political. At the same time, the Judge in Rogers did not follow a Critical Race Theory (“CRT”) based approach in reaching his opinion. The Judge in Rogers, did not cite any sort of personal stories and anecdotes to illustrate points. Instead, the Judge relied upon arm's length, third party recitation of facts. This point is exemplified, when he stated, ““Moreover, it is proper to note that defendants have alleged without contravention that plaintiff first appeared at work in the all-braided hairstyle on or about September 25, 1980, soon after the style had been popularized by a white actress in the film “10”.” Rogers v. American Airlines, 527 F.Supp. 229, 231 (1981). This statement alone could be defined as a heterotopia, a simultaneous representation of all other spaces from Other Spaces, which allowed the Judge to reconcile his justifications in his opinion for dismissing Plaintiff’s. Going further with the term heterotopia, the Judge’s opinion comes off as an alternate interpretation and vision of real life. As Innis stated, “ heterotopias help their outside or insider inhabitants to refresh their spirits or to reconcile differences so that they may rejoin the real world and properly value utopian ideals”, Lolita Buckner Inniss, “Other Spaces” in Legal Pedagogy, 28 Harvard Journal On Racial & Ethnic Justice, 67, 78 (2012). Applying Inniss’ explanation to the Judge’s utopian view allows him to justify that race did not play a factor in American Airline’s policy. The Judge’s reconciliation of using one white actress as an example to justify the absence of race in American Airlines policy is an example of modern heterotopian and allowed for him to uphold precedent while implicitly seeking refuge as