Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
Biological Metaphors For Whiteness: Beyond Merit And Malice, Brant T. Lee
Biological Metaphors For Whiteness: Beyond Merit And Malice, Brant T. Lee
Akron Law Faculty Publications
The problem of persistent racial inequality is grounded in a failure of imagination. The general mainstream conception is that unfair racial inequality occurs only when there is intentional racism. Absent conscious racial malice, no racism is seen to exist. The only generally available alternative explanation for racial inequality is the meritocratic system. Viewing the distribution of resources as a product of a generally fair meritocratic system provides a defense against any charge of racism, and justifies the status quo.
But in economics, business, computer science, and even biology, observers of complexity are coming to understand how dominant systems can prevail …
The Thirteenth Amendment And Interest Convergence, William M. Carter Jr.
The Thirteenth Amendment And Interest Convergence, William M. Carter Jr.
Articles
The Thirteenth Amendment was intended to eliminate the institution of slavery and to eliminate the legacy of slavery. Having accomplished the former, the Amendment has only rarely been extended to the latter. The Thirteenth Amendment’s great promise therefore remains unrealized.
This Article explores the gap between the Thirteenth Amendment’s promise and its implementation. Drawing on Critical Race Theory, this Article argues that the relative underdevelopment of Thirteenth Amendment doctrine is due in part to a lack of perceived interest convergence in eliminating what the Amendment’s Framers called the “badges and incidents of slavery.” The theory of interest convergence, in its …