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Applying 42 U.S.C. Section 1981 To Claims Of Consumer Discrimination, Abby Morrow Richardson

ExpressO

This Comment explores several interesting legal questions regarding the proper interpretation 42 U.S.C. Section 1981, which prohibits racial discrimination in contracting, when discrimination arises in the context of a consumer retail contract. It explores how the Fifth Circuit’s and other federal courts’ narrow interpretation of section 1981’s application in a retail setting, which allows plaintiffs to invoke the statute only when they have been prevented from completing their purchase, is contrary to the statute’s express language, Congressional intent, and to evolving concepts of contract theory, all of which encompass our society’s deep commitment to combating racial discrimination through strict enforcement …