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Antidiscrimination Law And The Multiracial Experience: A Reply To Nancy Leong, Tina F. Botts J.D., Ph.D.
Antidiscrimination Law And The Multiracial Experience: A Reply To Nancy Leong, Tina F. Botts J.D., Ph.D.
Tina F Botts J.D., Ph.D.
Nancy Leong’s thesis, in “Judicial Erasure of Mixed-Race Discrimination,” is that antidiscrimination law should make a switch from defining race “categorically” to defining it in terms of the perception of the would-be discriminator so as to better accommodate claims of multiracial discrimination and so as to better achieve what Leong sees as the goals of antidiscrimination law, i.e., the promotion of racial understanding, and the elimination of racism and racial discrimination. But, while Leong’s goals are admirable, the method she proposes for achieving these goals will not succeed. Antidiscrimination law cannot operate to promote racial understanding, or to eliminate racism …
Where Is Equal Protection? Applying Strict Scrutiny To Use Of Race By Law Enforcement., Evan Gerstmann
Where Is Equal Protection? Applying Strict Scrutiny To Use Of Race By Law Enforcement., Evan Gerstmann
Evan Gerstmann
This article seeks to move the debate over the use of race by law enforcement beyond the current focus on racial profiling, arguing that the courts must apply strict scrutiny to all use of race by law enforcement, including the stopping and questioning of persons based on suspect descriptions that include race. The current debate implicitly (and sometimes explicitly) assumes that law enforcement’s use of race can be divided into unconstitutional racial profiling and all other uses of races, which are presumptively legitimate. However, when other institutions rely upon race, such as public universities implementing affirmative action programs, courts automatically …