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Full-Text Articles in Law and Race

Class-Based Affirmative Action, Or The Lies That We Tell About The Insignificance Of Race, Khiara Bridges Jul 2019

Class-Based Affirmative Action, Or The Lies That We Tell About The Insignificance Of Race, Khiara Bridges

Khiara M Bridges

This Article conducts a critique of class-based affirmative action, identifying and problematizing the narrative that it tells about racial progress. The Article argues that class-based affirmative action denies that race is a significant feature of American life. It denies that individuals - and groups - continue to be advantaged and disadvantaged on account of race. It denies that there is such a thing called race privilege that materially impacts people’s worlds. Moreover, this Article suggests that at least part of the reason why class-based affirmative action has been embraced by those who oppose race-based affirmative action is precisely because it …


More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant Jun 2019

More Than Just The Numbers: Fisher V. Texas And The Practical Impact Of Texas’S Top Ten Percent Law, Shakira D. Pleasant

Shakira D. Pleasant

No abstract provided.


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 …


Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres Mar 2015

Grutter V. Bollinger/Gratz V. Bollinger: View From A Limestone Ledge, Gerald Torres

Gerald Torres

No abstract provided.


Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez Sep 2012

Presumed Incompetent: The Intersections Of Race And Class For Women In Academia, Carmen G. Gonzalez

Carmen G. Gonzalez

Presumed Incompetent is a pathbreaking account of the intersecting roles of race, gender, and class in the working lives of women faculty of color. Through personal narratives and qualitative empirical studies, more than 40 authors expose the daunting challenges faced by academic women of color as they navigate the often hostile terrain of higher education, including hiring, promotion, tenure, and relations with students, colleagues, and administrators. The narratives are filled with wit, wisdom, and concrete recommendations, and provide a window into the struggles of professional women in a racially stratified but increasingly multicultural America. The downloadable document contains the Introduction …


Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric M. Powell Oct 2011

Harvesting New Conceptions Of Equality: Opportunity, Results, And Neutrality, Cedric M. Powell

Cedric M. Powell

This is a critical period in the Court’s history; there is a doctrinal shift from the Rehnquist Court’s colorblind constitutionalism to the Roberts Court’s post-racial universalism. The Fourteenth Amendment and Title VII have been inverted: under the Fourteenth Amendment, whites are the new discrete and insular minority to be protected from a result-oriented “racial” process; and, under Title VII, disparate impact is irrelevant in the absence of a “strong basis in evidence” to believe that there will be liability. In a very direct way, the Court’s race jurisprudence privileges reverse discrimination suits. To advance the critique of the Court’s doctrinal …