Introduction to the special issue on empirical methods and critical race theory

Critical Race Theory (CRT) can be understood as an attempt to examine how race and racism are central rather than peripheral to law and legal thinking. Rather than viewing the long and ongoing story of race in American law as a series of unfortunate aberrations to an otherwise fair and impartial legal system, CRT sees racial subordination and the marginalization of other disempowered groups as foundational to how law and democracy are organized and function in society. With this intervention comes other commitments such as rejecting law’s presumed neutrality; a dissatisfaction with traditional Civil Rights approaches to racial equality; understanding how identity traits such as race and sex intersect and constitute one another; and taking the inherently political nature of legal scholarship seriously (Crenshaw et al. 1995). This framework has been both widely celebrated and consistently attacked since its emergence in the 1980s by people both inside and outside the academy (Rosen 1996). In many ways, CRT is the proverbial millennial that seems forever young but, in reality, is now middle aged.