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Law and Race Commons

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Civil Rights and Discrimination

Washington University Global Studies Law Review

International

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Full-Text Articles in Law and Race

Introduction: From Ferguson To Geneva And Back Again, Leila Nadya Sadat Jan 2015

Introduction: From Ferguson To Geneva And Back Again, Leila Nadya Sadat

Washington University Global Studies Law Review

For decades, social and physical scientists have asserted that “race” is a social construct rather than a biological reality. Conversely, skin color is objectively identifiable. Yet, the law has focused largely upon racial categories to remedy discrimination against individuals based upon their skin color or “racial” identification. While some authors continue to argue that race is “real” either from a biological or sociological perspective, and others continue to challenge its biological and legal salience, this debate has proven largely unsatisfactory to policy makers and others interested in understanding both the social construction of race and skin color and its impact ...


Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves Jan 2015

Two Stories About Skin Color And International Human Rights Advocacy, William J. Aceves

Washington University Global Studies Law Review

Color is an important but underdeveloped designation in international law. Color is identified as a protected category in several human rights documents, but despite its status as a protected category, there is no definition of color in these human rights documents. It is generally recognized, however, that color references skin color. In the absence of an established definition, race is often used as a proxy for color. Yet, there is growing skepticism within the human rights community about the legitimacy of using racial categories to distinguish human beings. While race and color are often used interchangeably, it is important to ...