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The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr Jan 2000

The American 'Legal' Dilemma: Colorblind I/Colorblind Ii--The Rules Have Changed Again: A Semantic Apothegmatic Permutation, John C. Duncan Jr

Journal Publications

"Our Constitution is colorblind" initially meant that white majority preferences could not and should not be reflected in government action. The maxim now means race should not be reflected at all in government action. The answer to racism lies somewhere between well-reasoned "blind" hope and historically-proven skepticism. Part I of this Article discusses the ideal of the colorblind society; Part II discusses what this Article deems as Colorblind I. Part III places each colorblind argument in perspective, and seeks to illustrate that the concept of colorblindness could be an ideal, but has rather become meaningless rhetoric in an endless racial …


Before Brown: Charles H. Houston And The Gaines Case, Douglas O. Linder Jan 2000

Before Brown: Charles H. Houston And The Gaines Case, Douglas O. Linder

Faculty Works

In 1895 in Plessy v. Ferguson the Supreme Court announced the legal principle, separate but equal, that would guide American race relations for over half a century. For Charles Houston, the training of black lawyers was a key to mounting an attack on segregation. While at Harvard, Houston wrote that there must be Negro lawyers in every community and that the great majority of these lawyers must come from Negro schools. It was, he concluded, in the best interests of the United States - to provide the best teachers possible at law schools where Negroes might be trained. After graduating …