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Full-Text Articles in Law and Race
Playing Cowboys And Iranians: Selective Colorblindness And The Legal Construction Of White Geographies, John Tehranian
Playing Cowboys And Iranians: Selective Colorblindness And The Legal Construction Of White Geographies, John Tehranian
University of Colorado Law Review
This Article examines the selective invocation of colorblindness in legal and political discourse and argues that the trope has served as a powerful vehicle for the creation, perpetuation, and patrolling of white geographiesspaces characterized by an implicit hierarchy privileging white racial identity. After assessing the new rhetoric of race in the Age of Obama, the Article focuses on identifying and deconstructing the modern paradox of colorblindness jurisprudence. On the one hand, the courts have increasingly hewed to a colorblind vision of the Constitution when weighing the permissibility of race-based admissions and hiring programs for traditionally disadvantaged minorities. And, yet, on …
Litigating Against The Civil Rights Movement, Christopher W. Schmidt
Litigating Against The Civil Rights Movement, Christopher W. Schmidt
University of Colorado Law Review
No abstract provided.
A Lawyer Looks At Civil Disobedience: Why Lewis F. Powell Jr. Divorced Diversity From Affirmative Action, Anders Walker
A Lawyer Looks At Civil Disobedience: Why Lewis F. Powell Jr. Divorced Diversity From Affirmative Action, Anders Walker
University of Colorado Law Review
This Article reconstructs Lewis F. Powell Jr.'s thoughts on the civil rights movement by focusing on a series of littleknown speeches that he delivered in the 1960s lamenting the practice of civil disobedience endorsed by Martin Luther King Jr. Convinced that the law had done all it could for blacks, Powell took issue with King's "Letter from Birmingham Jail," impugning its invocation of civil disobedience and rejecting its calls for compensatory justice to make up for slavery and Jim Crow. Dismissive of reparations, Powell developed a separate basis for supporting diversity that hinged on distinguishing American pluralism from Soviet totalitarianism. …