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Law and Race Commons

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Articles

2012

Yeshiva University, Cardozo School of Law

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Full-Text Articles in Law and Race

Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams Jan 2012

Racial Inclusion, Exclusion And Segregation In Constitutional Law, Michelle Adams

Articles

In Part I of the Article, I examine early cases in which the Court described segregation as a form of resource "lock-up." In several cases leading up to Brown, the Court detailed how racial segregation allows a more dominant group to hoard substantial societal resources. In these early cases, the Court's focus was on segregation as a mechanism for excluding individuals from valuable benefits on the basis of race; it did not speak explicitly to the harms associated with racial classification schemes. In this Part of the Article, I also return to Brown v. Board of Education and explore the …