This book philosophically explores changing conceptions of race and equality in Supreme Court decisions interpreting the Equal Protection Clause since the enactment of the 14th Amendment. It traces these changing conceptions alongside the gradual elimination of the social equality of racialized persons from the Supreme Court's list of priorities.
This book philosophically explores changing conceptions of race and equality in Supreme Court decisions interpreting the Equal Protection Clause since the enactment of the 14th Amendment. It traces these changing conceptions alongside the gradual elimination of the social equality of racialized persons from the Supreme Court's list of priorities.
Introduction Chapter Summaries Chapter 1: Scholarly Backdrop Legal Hermeneutics Critical Philosophy of Race Critical Race Theory Origins: The Work of Derrick Bell Critical Race Theory and Equality Chapter 2: Equal Protection and Racialized Persons The Rise of Separate But Equal Doctrine What is Equal Protection? Racial Discrimination Per Se Begins: Japanese Americans after WWII Social Segregation Separate as Inferior Separate But Equal Overturned Racial Classifications and Marriage Discriminatory Intent vs. Discriminatory Impact Bakke: Racial Discrimination Per Se is Formalized Post-Bakke Fall-Out Concluding Reflections Chapter 3: The Concept of Race and Equal Protection Law The Supreme Court's Switch from Sociocultural/Sociohistorical Race to Biological Race The Academic Switch from Biological Race to Sociocultural/Sociohistorical Race A Change in Understanding of the Problem of Racial Discrimination Concluding Reflections Chapter 4: The Concept of Equality and Equal Protection Law Early Equal Protection Law: Social Equality Contemporary Equal Protection Law: Legal Equality Legal Equality is Out of Step with the Purpose of the Clause Historical Context Legislative History Legal Equality is Out of Step with the Contemporary Sociocultural Context Legal Equality Facilitates and Perpetuates the Problem of Racial Inequality Concluding Reflections Chapter 5: The Special Case of Multiracial Racialized Persons Historical Engagement Between Multiracial Racialized Persons and the Law Antimiscegenation Laws Jim Crow Laws and Segregation The "One Drop" Rule The Failure of Antidiscrimination Laws to Protect Multiracial Racialized Persons Biological Races Racial Discrimination Perpetuates Historically Situated Oppression Toward a Distinctive Multiracial Group Identity An Additional Modification to Antidiscrimination Law Concluding Reflections Chapter 6: Thoughts Moving Forward
Introduction Chapter Summaries Chapter 1: Scholarly Backdrop Legal Hermeneutics Critical Philosophy of Race Critical Race Theory Origins: The Work of Derrick Bell Critical Race Theory and Equality Chapter 2: Equal Protection and Racialized Persons The Rise of Separate But Equal Doctrine What is Equal Protection? Racial Discrimination Per Se Begins: Japanese Americans after WWII Social Segregation Separate as Inferior Separate But Equal Overturned Racial Classifications and Marriage Discriminatory Intent vs. Discriminatory Impact Bakke: Racial Discrimination Per Se is Formalized Post-Bakke Fall-Out Concluding Reflections Chapter 3: The Concept of Race and Equal Protection Law The Supreme Court's Switch from Sociocultural/Sociohistorical Race to Biological Race The Academic Switch from Biological Race to Sociocultural/Sociohistorical Race A Change in Understanding of the Problem of Racial Discrimination Concluding Reflections Chapter 4: The Concept of Equality and Equal Protection Law Early Equal Protection Law: Social Equality Contemporary Equal Protection Law: Legal Equality Legal Equality is Out of Step with the Purpose of the Clause Historical Context Legislative History Legal Equality is Out of Step with the Contemporary Sociocultural Context Legal Equality Facilitates and Perpetuates the Problem of Racial Inequality Concluding Reflections Chapter 5: The Special Case of Multiracial Racialized Persons Historical Engagement Between Multiracial Racialized Persons and the Law Antimiscegenation Laws Jim Crow Laws and Segregation The "One Drop" Rule The Failure of Antidiscrimination Laws to Protect Multiracial Racialized Persons Biological Races Racial Discrimination Perpetuates Historically Situated Oppression Toward a Distinctive Multiracial Group Identity An Additional Modification to Antidiscrimination Law Concluding Reflections Chapter 6: Thoughts Moving Forward
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