Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law and Race
Equal Protection Under The Carceral State, Aya Gruber
Equal Protection Under The Carceral State, Aya Gruber
Publications
McCleskey v. Kemp, the case that upheld the death penalty despite undeniable evidence of its racially disparate impact, is indelibly marked by Justice William Brennan’s phrase, “a fear of too much justice.” The popular interpretation of this phrase is that the Supreme Court harbored what I call a “disparity-claim fear,” dreading a future docket of racial discrimination claims and erecting an impossibly high bar for proving an equal protection violation. A related interpretation is that the majority had a “color-consciousness fear” of remedying discrimination through race-remedial policies. In contrast to these conventional views, I argue that the primary anxiety …
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
A Comparative Analysis Of Unconscious And Institutional Discrimination In The United States And Britain, Leland Ware
Georgia Journal of International & Comparative Law
No abstract provided.
Toward A Field Of Intersectionality Studies: Theory, Applications, And Praxis, Sumi Cho, Kimberlé W. Crenshaw, Leslie Mccall
Toward A Field Of Intersectionality Studies: Theory, Applications, And Praxis, Sumi Cho, Kimberlé W. Crenshaw, Leslie Mccall
Faculty Scholarship
Intersectional insights and frameworks are put into practice in a multitude of highly contested, complex, and unpredictable ways. We group such engagements with intersectionality into three loosely defined sets of practices: applications of an intersectional framework or investigations of intersectional dynamics; debates about the scope and content of intersectionality as a theoretical and methodological paradigm; and political interventions employing an intersectional lens. We propose a template for fusing these three levels of engagement with intersectionality into a field of intersectional studies that emphasizes collaboration and literacy rather than unity. Our objective here is not to offer pat resolutions to all …
Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw
Demarginalizing The Intersection Of Race And Sex: A Black Feminist Critique Of Antidiscrimination Doctrine, Feminist Theory And Antiracist Politics, Kimberlé W. Crenshaw
Faculty Scholarship
One of the very few Black women's studies books is entitled All the Women Are White; All the Blacks Are Men, But Some of Us are Brave. I have chosen this title as a point of departure in my efforts to develop a Black feminist criticism because it sets forth a problematic consequence of the tendency to treat race and gender as mutually exclusive categories of experience and analysis. In this talk, I want to examine how this tendency is perpetuated by a single-axis framework that is dominant in antidiscrimination law and that is also reflected in feminist theory and …