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Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle
Debunking The Myth Of Civil Rights Liberalism: Visions Of Racial Justice In The Thought Of T. Thomas Fortune, 1880-1890, Susan D. Carle
Susan D. Carle
n recent years, the supposed achievements of the American civil rights movement have come under attack as part of a critique of the ideology of legal liberalism. That critique argues that civil rights lawyers and other activists too greatly emphasized court-focused strategies aimed at achieving what would turn out to be pyrrhic "civil" rights victories - i.e., gains solely in "formal" equality in requirements enshrined in law as to how the state should treat its citizens. This critique of legal liberalism is well deserved insofar as it is aimed at a tendency within legal academia to extol the virtues of …
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle
A Social Movement History Of Title Vii Disparate Impact Analysis, Susan D. Carle
Susan D. Carle
This Article examines the social movement history of Title VII disparate impact law in light of the policy and potential constitutional questions the Court=s recent decision in Ricci v. DeStefano raises. My analysis shows that, contrary to popular assumptions, disparate impact doctrine was not a last-minute, ill-conceived invention of the EEOC following Title VII=s passage, but instead arose out of a moderate, experimentalist regulatory tradition that sought to use law to create incentives to motivate employers to scrutinize and reform employment practices that posed structural bars to employment opportunities for racial minorities, regardless of invidious intent. Non-lawyer activists within the …