Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law and Race
If The Eye Offend Thee, Turn Off The Color, John Harrison
If The Eye Offend Thee, Turn Off The Color, John Harrison
Michigan Law Review
A Review of The Color-Blind Constitution by Andrew Kull
"Was Blind, But Now I See": White Race Consciousness And The Requirement Of Discriminatory Intent, Barbara J. Flagg
"Was Blind, But Now I See": White Race Consciousness And The Requirement Of Discriminatory Intent, Barbara J. Flagg
Michigan Law Review
Part I briefly reviews the case law that has established and elaborated the requirement of discriminatory intent. I discuss the theoretical background against which Washington v. Davis was decided, a debate over the possibility and propriety of judicial review of legislative motive. I suggest that the significant institutional difficulties associated with the triumphant discriminatory intent rule, together with the many substantive criticisms leveled against it, might lead one to expect to see relative doctrinal instability here. On the contrary, the requirement of discriminatory intent has been one of the most stable doctrines in modem constitutional law. I conclude with the …