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Full-Text Articles in Law and Race
Racial Indirection, Yuvraj Joshi
Racial Indirection, Yuvraj Joshi
Yuvraj Joshi
Racial indirection describes practices that produce racially disproportionate results without the overt use of race. This Article demonstrates how racial indirection has allowed — and may continue to allow — efforts to desegregate America’s universities. By analyzing the Supreme Court’s affirmative action cases, the Article shows how specific features of affirmative action doctrine have required and incentivized racial indirection, and how these same features have helped sustain the constitutionality of affirmative action to this point. There is a basic constitutional principle that emerges from these cases: so long as the end is constitutionally permissible, the less direct the reliance on …
Postracialism: Race After Exclusion, Janine Young Kim
Postracialism: Race After Exclusion, Janine Young Kim
Janine Kim
This article examines a profound shift in the concept of race. Although race is widely viewed as socially constructed through continuous struggles over meaning, its content has remained remarkably stable over time. Race, since the nation’s founding, has been defined mainly by three social conditions: difference, denigration, and exclusion. Among these, exclusion has been central, driving the effort to differentiate and denigrate in order to justify exclusion under the guise of utility rather than white supremacy. Especially after the ascendancy of multiculturalism in the 1990s, however, race has come to be defined by another set of social conditions. They are …