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Full-Text Articles in Law and Race
Municipal Reparations: Considerations And Constitutionality, Brooke Simone
Municipal Reparations: Considerations And Constitutionality, Brooke Simone
Michigan Law Review
Demands for racial justice are resounding, and in turn, various localities have considered issuing reparations to Black residents. Municipalities may be effective venues in the struggle for reparations, but they face a variety of questions when crafting legislation. This Note walks through key considerations using proposed and enacted reparations plans as examples. It then presents a hypothetical city resolution addressing Philadelphia’s discriminatory police practices. Next, it turns to a constitutional analysis of reparations policies under current Fourteenth Amendment jurisprudence, discussing both race-neutral and race-conscious plans. This Note argues that an antisubordination understanding of the Equal Protection Clause would better allow …
Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles
Pathological Racism, Chronic Racism & Targeted Universalism, Luis Fuentes-Rohwer, Guy-Uriel Charles
Articles by Maurer Faculty
Race and law scholars almost uniformly prefer antisubordination to anticlassification as the best way to understand and adjudicate racism. In this short Essay, we explore whether the antisubordination framework is sufficiently capacious to meet our present demands for racial justice. We argue that the antisubordination approach relies on a particular conception of racism, which we call pathological racism, that limits its capacity for addressing the fundamental restructuring that racial justice requires. We suggest, in a manner that might be viewed as counterintuitive, that targeted universalist remedies might be more effective to address long term racial inequality but might also be …