ABSTRACT

Outsider jurisprudence takes three principal forms: critical legal studies, feminism, and the "new" or critical race theory. Critical thought, in general, traces its origins to European writers such as Karl Marx, Martin Heidegger, Antonio Gramsci, and Michel Foucault, as well as to the work of the Frankfurt school that flourished during the 1920s. Ten years ago, "The Imperial Scholar" showed that when insurgent scholars begin knocking at the door, they are ignored as long as possible. Once they gain admission, the situation becomes more complex. Some inner-circle writers abandon the field. Most civil rights writing published in top legal journals is written by women and minorities. As new writers have entered the field, established ones have either reduced their production or left the field entirely. What a famous federal judge called the "minstrel show"—black rights being enforced and interpreted by white men—is finally coming to an end.