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Full-Text Articles in Law

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii Feb 2018

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii

Cecil J. Hunt II

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …


The Constitutional Rhetoric Of White Innocence Aug 2015

The Constitutional Rhetoric Of White Innocence

Cecil J. Hunt II

This article discusses the Supreme Court’s use of the rhetoric of white innocence in deciding racially inflected claims of constitutional shelter. It argues that the Court’s use of this rhetoric reveals that it has adopted a distinctly white-centered-perspective which reveals only a one-sided view of racial reality and thus distorts its ability to accurately appreciate the true nature of racial reality in contemporary America. This article examines the Court’s habit of consistently choosing a white-centered-perspective in constitutional race cases by looking at the Court’s use of the rhetoric of white innocence first in the context of the Court’s concern with …


Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise Feb 2015

Judicial Decision-Making, Social Science Evidence, And Equal Educational Opportunity: Uneasy Relations And Uncertain Futures, Michael Heise

Michael Heise

No abstract provided.


Who's Afraid Of White Class Migrants? On Denial, Discrediting, And Disdain (And Toward A Richer Conception Of Diversity), Lisa R. Pruitt Dec 2014

Who's Afraid Of White Class Migrants? On Denial, Discrediting, And Disdain (And Toward A Richer Conception Of Diversity), Lisa R. Pruitt

Lisa R Pruitt

This Article describes and theorizes the legal academy’s denial of both class disadvantage and class migration, with particular attention to how those phenomena are manifest in relation to white faculty. The Article observes that a general disdain for poor and working-class whites evolves into the denial and distancing of class migrants, those who move into the professoriate from lower socioeconomic stations (“SES”). Further, the academy simultaneously discredits and disciplines these class migrants when they run afoul of narrow norms regarding credentials, scholarship, and culture. The author employs storytelling as methodology, drawing on her own experiences as a white class migrant …


The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt Dec 2014

The False Choice Between Race And Class And Other Affirmative Action Myths, Lisa R. Pruitt

Lisa R Pruitt

This article refutes the widely held assumption that affirmative action is appropriate either to support only racial and ethnic minorities or to support only low-income students, but that it cannot or should not support both. Pruitt argues that we need not make such a choice and that we should aspire to socioeconomically diversify higher education institutions—including the most elite sector—with low-income students of all colors. Pruitt thus disputes the framing of Richard Kahlenberg and Richard Sander who have long argued that we should seek socioeconomic diversity in lieu of racial/ethnic diversity, a stance that has needlessly pitted underrepresented minorities against …


Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy Apr 2011

Radicalism, Racism, And Affirmative Action: In Defense Of A Historical Approach, Deseriee Kennedy

Deseriee A. Kennedy

No abstract provided.


Affirmative Action & The Obligations Of American Citizenship, Robert Justin Lipkin Dec 2009

Affirmative Action & The Obligations Of American Citizenship, Robert Justin Lipkin

Robert Justin Lipkin

No abstract provided.