From the book the article references, the Alchemy of Race and Rights, Harvard Press:

"Some time ago, Peter Gabel and I taught a contracts class together. (He was one of the first to bring critical theory to legal analysis· and so is considered a "founder" of Critical Legal Studies.) Both recent transplants from California to New York, each of us hunted for apartments in between preparing for class. Inevitably, I suppose, we got into a discussion of trust and distrust as factors in bargain relations. It turned out that Peter had handed over a $900 deposit in cash, with no lease, no exchange of keys, and no receipt, to strangers with whom he had no ties other than a few moments of pleasant conversation. He said he didn't need to sign a lease because it imposed too much formality. The handshake and the good vibes were for him indicators of trust more binding than a form contract. At the time I told Peter he was mad, but his faith paid off. His sublessors showed up at the appointed time, keys in hand, to welcome him in. There was absolutely nothing in my experience to prepare me for such a happy ending. (In fact I remain convinced that, even if I were of a mind to trust a lessor with this degree of informality, ·things would not have worked out so successfully for me: many Manhattan lessors would not have trusted a black person enough to let me in the door in the first place, paperwork, references, and credit check notwithstanding.) I, meanwhile, had friends who found me an apartment in a
building they owned. In my rush to show good faith and trustworthiness, I signed a detailed, lengthily negotiated, finely printed lease firmly establishing me as the ideal arm's-length transactor. As Peter and I discussed our experiences, I was struck by the
similarity of what each of us was seeking, yet with such polar approaches. We both wanted to establish enduring relationships with the people in whose houses we would be living; we both wanted to enhance trust of ourselves and to allow whatever closeness was possible. This similarity of desire, however, could not reconcile our very different relations to the tonalities of law. Peter, for example, appeared to be extremely self-conscious of his power potential (either real or imagistic) as white or male or lawyer authority figure. He therefore seemed to go to some lengths to overcome the wall that image might impose. The logical ways of establishing some measure of trust between strangers were an avoidance of power and a preference for informal processes generally.
On the other hand, I was raised to be acutely conscious of the
likelihood that no matter what degree of professional I am, people will greet and dismiss my black femaleness as unreliable, untrustworthy, hostile, angry, powerless, irrational, and probably destitute. 2 Futility and despair are very real parts of my response. So it helps me to clarify boundary; to show that I can speak the language of lease is my way of enhancing trust of me in my business affairs. As black, I have been given by this society a strong sense of myself as already too familiar, personal, subordinate to white people. I am still evolving from being treated as three-fifths of a human, a subpart of the white estate."

Interesting read, pdf on Google. https://www.google.com/url?sa=t&source=web&rct=j&url=http://...