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A Critical Race Theorist Account Of Corporate Racial Standing., Jonathan Bailyn

The Scholar: St. Mary's Law Review on Race and Social Justice

Without guidance from the Supreme Court, federal circuits have been left to develop a patchwork of theories of corporate standing for racial discrimination. This patchwork of theories has ultimately resulted in an unstable doctrine, as each court applies a different theory of corporate and racial identity and, from a different premise, reach a different conclusion. To stabilize the doctrine of corporate racialization and resolving conflicting circuit outcomes, the Supreme Court should step in and determine when a corporation has standing to sue for racial discrimination. To properly respond to both the epistemological conundrum of race and the ontological conundrum of …