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Election Law

University of Southern California Legal Studies Working Paper Series

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Post-Racial Hydraulics: The Hidden Dangers Of The Universal Turn, Zev J. Eigen, Camille Gear Rich, Charlotte S. Alexander Mar 2015

Post-Racial Hydraulics: The Hidden Dangers Of The Universal Turn, Zev J. Eigen, Camille Gear Rich, Charlotte S. Alexander

University of Southern California Legal Studies Working Paper Series

In recent years, antidiscrimination scholars have focused on the productive possibilities of the “universal turn,” a strategy that calls on attorneys to convert particularist claims, like race discrimination claims, into broader universalist claims that secure basic dignity, liberty, and fairness rights for all. Scholars have urged litigators to employ universalist strategies in constitutional and voting rights cases, as well as in employment litigation. Thus far, however, arguments made in favor of universalism have been largely abstract and theoretical and therefore have failed to fully consider the second order effects of universalist strategies on the ground. In this article we challenge ...