During the past decade, an academic movement called critical race theory has gained increasing currency in the legal academy. Rejecting the achievements of the civil rights movement of the 1960s as epiphenomenal, critical race scholars argue that the dismantling of the apparatus of formal segregation failed to purge American society of its endemic racism, or to improve the social status of African Americans in discernible or lasting ways. The claim that these scholars make is not only political; it is also epistemological.
Derrick Bell has a flair for the dramatic exit. The one that made him famous was his highly publicized decision in 1990 to leave his tenured position at Harvard Law School, where he had been the first black scholar ever hired. Bell quit after Harvard refused to offer tenure to a black woman he supported. But Bell had done the same thing at the University of Oregon six years earlier. And he had made the same threat at Harvard ten years before that. And back in 1959 he had quit the first job he ever held, at the Justice Department, over a matter of principle.