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Full-Text Articles in Law
Multiracial Identity And Affirmative Action, Nancy Leong
Multiracial Identity And Affirmative Action, Nancy Leong
ExpressO
No abstract provided.
The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt
The Constitutional Rhetoric Of White Innocence, Cecil J. Hunt
ExpressO
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 that it has adopted a distinctly white-centered-perspective which reveals only a one-sided view of racial reality and thus distorts its ability to accurately appreciate the true nature of racial reality in contemporary America. This article examines the Court’s habit of consistently choosing a white-centered-perspective in constitutional race cases by looking at the Court’s use of the rhetoric of white innocence first in the context of the Court’s concern with …
Affirmative Action: More Efficient Than Color Blindness, Abraham L. Wickelgren
Affirmative Action: More Efficient Than Color Blindness, Abraham L. Wickelgren
ExpressO
One of the most compelling reasons against affirmative action is the principle of color blindness, that is, the idea that race is an irrelevant characteristic that should not affect higher education admissions or hiring decisions. Despite its intuitive appeal, this paper shows that adherence to this principle impedes economic efficiency when there has been past discrimination based on color. Past discrimination creates inefficiencies in the economy that persist across generations. Because of this persistence, race is not an irrelevant characteristic for firms and universities looking to hire or admit the best candidates. Affirmative action, not color-blindness, is necessary to reduce …