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Article
Willful [Color-] Blindness: The Supreme Court's Equal Protection of Ascription
Undetermined (2012)
  • Aaron J Shuler, University of Oregon
Abstract

Rogers Smith in his "Beyond Tocqueville, Myrdal and Hartz: The Multiple Traditions in America," warns of novel legal systems reconstituting ascriptive American inequality. The post-Warren Courts' approach to Equal Protection, specifically their unwillingness to consider disparate impact and the difference between invidious and benign practices, betrays an "ironic innocence" as described by James Baldwin to a history of racial discrimination and domination, and a disavowal of a hiearchy that the Court perpetuates.

Keywords
  • Fourteenth Amendment,
  • Equal Protection,
  • Racial Discrimination,
  • Affirmative Action
Publication Date
2012
Citation Information
Aaron J Shuler. "Willful [Color-] Blindness: The Supreme Court's Equal Protection of Ascription" Undetermined (2012)
Available at: http://0-works.bepress.com.library.simmons.edu/aaron_shuler/28/