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Full-Text Articles in Law
The Problem Is The Court, Not The Constitution, Jonathan Feingold
The Problem Is The Court, Not The Constitution, Jonathan Feingold
Faculty Scholarship
“But first, we must believe.” So concludes The Antiracist Constitution, where Brandon Hasbrouck confronts an uneasy question: In the quest for racial justice, is the Constitution friend or foe? Even the casual observer knows that constitutional law is no friend to racial justice. In the nineteenth century, Plessy v. Ferguson blessed Jim Crow. In the twentieth century, Washington v. Davis insulated practices that reproduce Jim Crow. Now in the twenty-first century, pending affirmative action litigation invites the Supreme Court to outlaw efforts to remedy Jim Crow.
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold
Reclaiming Equality: How Regressive Laws Can Advance Progressive Ends, Jonathan Feingold
Faculty Scholarship
Since the fall of 2020, right-wing forces have targeted Critical Race Theory ("CR T') through a sustained disinformation campaign. This offensive has deployed anti-CRT rhetoric to justify a host of "Backlash Bills" designed to chill conversations about race and racism in the classroom. Concerned stakeholders have assailed these laws as morally bankrupt and legally suspect. These responses are natural and appropriate. But challenging a bill's moral or legal mooring is insufficient to counter a primary purpose of this legislative onslaught: to further erode, within our public discourse and collective consciousness, the ability to distinguish between racism and antiracism. To meet …
The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose
The Color Line: A Review And Reflection For Antiracist Scholars, Jasmine Gonzales Rose
Faculty Scholarship
In The Color Line: A Short Introduction, David Lyons provides a valuable service to students and academics in law, social sciences, and humanities by providing a concise history of the development and maintenance of race and racial order through law, policy, and discrimination in the United States. Lyons effectively outlines how race and racism were developed through these mechanisms in an effort to facilitate and maintain white supremacy.