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Full-Text Articles in Law
Judicial Activism In Trial Courts, Bruce Green, Rebecca Roiphe
Judicial Activism In Trial Courts, Bruce Green, Rebecca Roiphe
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No abstract provided.
Whiteness As Innocence, David Simson
Whiteness As Innocence, David Simson
Articles & Chapters
Current antidiscrimination law is exceedingly hostile to the project of race-conscious remediation—the conscious use of race to mitigate America’s persistent racial hierarchy. This Article argues that this broad hostility can be traced in significant part to what I call “Whiteness as Innocence” ideology. This ideology is a system of legal reasoning by which the formal principle of equality is filled with the substantive principle of white racial dominance via invocations of white innocence. That is, under this ideology, ideas about white innocence influence legal decisions on who is “alike” and “unalike” and what constitutes “alike” and “unalike” treatment in race-conscious …