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Full-Text Articles in Law and Race

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii Feb 2018

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt Ii

Cecil J. Hunt II

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …


The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii Jan 2017

The Jim Crow Effect: Denial, Dignity, Human Rights, And Racialized Mass Incarceration, 29 J. Civ. Rts. & Econ. Dev 15 (2016), Cecil J. Hunt Ii

Cecil J. Hunt II

The overarching theme of this paper is that the racialization of mass incarceration in America, which has been taking place since the latter part of the last century, and continues to this very day, is characterized by what I term, the “Jim Crow effect".


The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, 11 Mich. J. Race & L. 477 (2006), Cecil J. Hunt Ii Aug 2015

The Color Of Perspective: Affirmative Action And The Constitutional Rhetoric Of White Innocence, 11 Mich. J. Race & L. 477 (2006), Cecil J. Hunt Ii

Cecil J. Hunt II

This Article discusses the Supreme Court's use of the rhetoric of White innocence in deciding racially-inflected claims of constitutional shelter. It argues that the Court's use of this rhetoric reveals its adoption of a distinctly White-centered perspective, representing a one-sided view of racial reality that distorts the Court's ability to accurately appreciate the true nature of racial reality in contemporary America. This Article examines the Court's habit of using a White-centered perspective in constitutional race cases. Specifically, it looks at the Court's use of the rhetoric of White innocence in the context of the Court's concern with protecting "innocent" Whites …


In The Racial Crosshairs: Reconsidering Racially Targeted Predatory Lending Under A New Theory Of Economic Hate Crime, 35 U. Tol. L. Rev. 211 (2003), Cecil J. Hunt Ii Aug 2015

In The Racial Crosshairs: Reconsidering Racially Targeted Predatory Lending Under A New Theory Of Economic Hate Crime, 35 U. Tol. L. Rev. 211 (2003), Cecil J. Hunt Ii

Cecil J. Hunt II

No abstract provided.


No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii Aug 2015

No Right To Respect: Dred Scott And The Southern Honor Culture, 42 New Eng. L. Rev. 79 (2007), Cecil J. Hunt Ii

Cecil J. Hunt II

This Article reflects on the infamous decision in Dred Scott v. Sanford, 60 U.S. (19 How.) 393 (1857), in which the Supreme Court of the United States upheld the constitutionality of slavery. This Article considers this infamous case and the distance the nation has come since it was decided as well as its continuing legacy on the contemporary American struggle for racial equality. In Dred Scott the Court held that slavery was constitutional because it was consistent with the intent of the Framers and because black people were "a subordinate and inferior class of beings who... whether emancipated or not.., …