AuthorTitleCitationSummaryYearKey Terms in Title or Summary
Shalini R. Deo WHERE HAVE ALL THE LOVINGS GONE?: THE CONTINUING RELEVANCE OF THE MOVEMENT FOR A MULTIRACIAL CATEGORY AND RACIAL CLASSIFICATION AFTER PARENTS INVOLVED IN COMMUNITY SCHOOLS V. SEATTLE SCHOOL DISTRICT NO. 1 11 Journal of Gender, Race and Justice 409 (Spring 2008) Almighty God created the races white, black, yellow, Malay and red, and he placed them on separate continents. And but for the interference with his arrangement there would be no cause for such marriages. The fact that he separated the races shows that he did not intend for the races to mix. This nation has a moral and ethical obligation to fulfill... 2008  
Justin S. Conroy "SHOW ME YOUR PAPERS": RACE AND STREET ENCOUNTERS 19 National Black Law Journal 149 (2006-2007) The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. -- U.S.... 2007  
Angela Onwuachi-Willig A BEAUTIFUL LIE: EXPLORING RHINELANDER V. RHINELANDER AS A FORMATIVE LESSON ON RACE, IDENTITY, MARRIAGE, AND FAMILY 95 California Law Review 2393 (December, 2007) During the mid-1920s, the story of the courtship, marriage, and separation of Alice Beatrice Jones and Leonard Kip Rhinelander astounded the American public, especially the citizens of New York and black Americans across the country. Alice, a chambermaid and the racially mixed daughter of English immigrants who had worked as servants on a large... 2007  
Hari M. Osofsky A LAW AND GEOGRAPHY PERSPECTIVE ON THE NEW HAVEN SCHOOL 32 Yale Journal of International Law 421 (Summer 2007) I. Introduction. 422 II. From the Past: Barriers to Interdisciplinary Interchange. 426 A. The Attack on (and Gradual Re-Embrace of?) Academic Geography in the United States. 427 1. Origins of U.S. Academic Geography. 428 2. Academic War and Departmental Eliminations. 430 3. The New Geography and Its Collaboration with Law. 432 B. The... 2007  
Eric K. Yamamoto , Sandra Hye Yun Kim , Abigail M. Holden AMERICAN REPARATIONS THEORY AND PRACTICE AT THE CROSSROADS 44 California Western Law Review 1 (Fall 2007) Slowed by controversial legal claims, skeptical judges, and flagging mainstream public support, American reparations theory and practice stand at a crossroads. The path they next traverse will likely determine the long-term viability of reparations claims, not only for African Americans, but also for anyone suffering the persistent wounds of... 2007  
Jenny Rivera AN EQUAL PROTECTION STANDARD FOR NATIONAL ORIGIN SUBCLASSIFICATIONS: THE CONTEXT THAT MATTERS 82 Washington Law Review 897 (November, 2007) Abstract: The Supreme Court has stated, [c]ontext matters when reviewing race-based governmental action under the Equal Protection Clause. Judicial review of legislative race-based classifications has been dominated by the context of the United States' history of race-based oppression and consideration of the effects of institutional racism.... 2007  
Maneesha Deckha ANIMAL JUSTICE, CULTURAL JUSTICE: A POSTHUMANIST RESPONSE TO CULTURAL RIGHTS IN ANIMALS 2 Journal of Animal Law & Ethics 189 (May, 2007) Law and culture are two concepts that are increasingly placed in relation to each other. This pairing may be explained in part by the turn to culture by various cultural communities as a paradigm through which one can articulate claims for human rights and justice, including the protection of biodiversity and intellectual property. Where justice... 2007  
  ANNOTATED LEGAL BIBLIOGRAPHY ON GENDER 13 Cardozo Journal of Law & Gender 467 (Spring 2007) Domestic Violence. 468 Education. 469 Family. 473 Health. 485 History & Culture. 487 International Law & Human Rights. 490 Marriage. 500 Reproductive Rights & Technology. 504 Same-Sex Marriage. 508 Sex Crimes. 515 Sex Discrimination. 518 Sexual Identity. 520 Workplace Discrimination & Harassment. 524 2007  
Sean A. Pager ANTISUBORDINATION OF WHOM? WHAT INDIA'S ANSWER TELLS US ABOUT THE MEANING OF EQUALITY IN AFFIRMATIVE ACTION 41 U.C. Davis Law Review 289 (November, 2007) Who should be the beneficiaries of race-conscious affirmative action? This rarely asked question serves to illuminate a larger debate over the nature of equality. Neither of two competing paradigms of equal protection-- antidiscrimination and antisubordination--offers a satisfactory method to select beneficiaries. The Supreme Court's current... 2007  
Christopher J. Tyson AT THE INTERSECTION OF RACE AND HISTORY: THE UNIQUE RELATIONSHIP BETWEEN THE DAVIS INTENT REQUIREMENT AND THE CRACK LAWS 50 Howard Law Journal 345 (Winter 2007) INTRODUCTION. 346 I. RACIAL REDUX: DAVIS AND PLESSY IN CONTEXT. 352 A. Davis and Plessy. 354 B. The Davis Decision and the Challenges to the Crack Laws. 359 II. RACIALIZED MASS IMPRISONMENT: RESHAPING AND REMAKING THE PECULIAR INSTITUTION. 363 A. Getting Tough on Crime: Laying the Foundation. 365 B. The Law as Politics: The Court in Transition.... 2007  
Jessica Solyom, Jeremiah Chin, Kristi Ryuijin, Nicol Razón, Thanhtung Thantrong, X. Yvette Gónzalez BE CAREFUL WHAT YOU ASK FOR: EDUCACIÓN PARA TODAS/OS, THE PERILS AND THE POWER 7 Nevada Law Journal 862 (Summer 2007) Demonstrations supporting human and civil rights, while often romanticized as a phenomenon of the past, are becoming more pervasive today, reflecting the continued forms of discrimination and oppression undocumented workers, individuals, and families experience. In the past few years, Utah residents have been engaged in their own battle to... 2007  
Adam P. Romero BOOK REVIEW: SPLIT DECISIONS: HOW AND WHY TO TAKE A BREAK FROM FEMINISM BY JANET HALLEY 19 Yale Journal of Law & Feminism 227 (2007) Introduction. 227 I. Halley's Arguments. 229 II. Feminist Methods. 236 A. Feminist Methodology, or, Is Halley Saying Anything New?. 237 B. Halley's Project Is Possible Without Taking a Break From Feminism: An Example. 242 III. Queer and Feminist Divisions and Domains. 246 A. What Is Queer Legal Theory?. 247 B. Is a Queer Break from Feminism... 2007  
Nancy Levit, Allen Rostron CALLING FOR STORIES 75 UMKC Law Review 1127 (Summer, 2007) Storytelling is a fundamental part of legal practice, teaching, and thought. Telling stories as a method of practicing law reaches back to the days of the classical Greek orators who were lawyers. Before legal education became an academic matter, the apprenticeship system for training lawyers consisted of mentoring and telling war stories. As the... 2007  
Gloria J. Ladson-Billings CAN WE AT LEAST HAVE PLESSY? THE STRUGGLE FOR QUALITY EDUCATION 85 North Carolina Law Review 1279 (June, 2007) It's not who you attend school with, but who controls the schools you attend. -- Nikki Giovanni He who opens a school door, closes a prison. -- Victor Hugo Violence is black children going to school for 12 years and receiving 6 years' worth of education. -- Julian Bond Introduction. 1280 I. Homage to Brown. 1280 II. The Chronicle of the Sacrificed... 2007  
Jennifer Gordon , R. A. Lenhardt CITIZENSHIP TALK: BRIDGING THE GAP BETWEEN IMMIGRATION AND RACE PERSPECTIVES 75 Fordham Law Review 2493 (April, 2007) The breadth of citizenship as an analytical framework is amply demonstrated by the proceedings of this Symposium. Its very richness, however, creates challenges for the scholars working within its ambit. Others have discussed the need for clarity in parsing the multiple meanings of the concept. A different challenge, less explored, is that of... 2007  
Ediberto Roman COALITIONS AND COLLECTIVE MEMORIES: A SEARCH FOR COMMON GROUND 58 Mercer Law Review 637 (Winter 2007) We're going to take this movement and . . . reach out to the poor people in all directions in this country . . . into the Southwest after Indians, into the West after the Chicanos, into Appalachia after poor whites, and into the ghettos after Negroes and Puerto Ricans. And we are going to bring them together and enlarge this campaign into something... 2007  
John Tehranian COMPULSORY WHITENESS: TOWARDS A MIDDLE EASTERN LEGAL SCHOLARSHIP 82 Indiana Law Journal 1 (Winter, 2007) Some time ago, I was on the teaching market and I received an invitation to give a job talk at a law school. I flew to the school, enjoyed a pleasant day of meetings with the faculty, and received strong indications of support for my candidacy. I had been warned about the vagaries of the academic hiring process, so I naturally took this signal with... 2007  
Paul R. Tremblay CRITICAL LEGAL ETHICS REVIEW OF LAWYERS ETHICS AND THE PURSUIT OF SOCIAL JUSTICE: A CRITICAL READER, EDITED BY SUSAN D. CARLE, FOREWORD BY ROBERT W. GORDON 20 Georgetown Journal of Legal Ethics 133 (Winter, 2007) These days, it is not easy being a progressive lawyerone of those noble folks who choose to work with disadvantaged clients and underserved communities. Not because of the low pay or the diminished status that such lawyers may hold within some professional circlesalthough both certainly could be considered drawbacks. And not because the job is... 2007  
Ronald Turner CROSS BURNINGS AND THE HARM-VALUATION ANALYTIC: A TALE OF TWO CASES 9 Berkeley Journal of African-American Law & Policy 3 (2007) Cross burning is a form of hate speech inflict[ing] its harm through its meaning as an act which promotes racial inequality through its message and impact, engendering terror and effectuating segregation. Does the First Amendment to the United States Constitution forbid or permit laws regulating and criminalizing this expression and... 2007  
George H. Taylor DERRICK BELL'S NARRATIVES AS PARABLES 31 New York University Review of Law and Social Change 225 (2007) What does the literary character of Derrick Bell's fictional narratives tell us about how they should be interpreted? In his chronicle, The Space Traders, for instance, Bell relates the tale of alien visitors to the United States who promise the country wealth if it will trade the nation's blacks. The country votes decisively for the trade. In The... 2007  
Anthony V. Alfieri FAITH IN COMMUNITY: REPRESENTING "COLORED TOWN" 95 California Law Review 1829 (October, 2007) What about this isn't a community? Community lawyering is all about faith, faith in others and faith outside the law. For progressive lawyers working in the fields of civil rights and poverty law, faith is expressed in the professional norms of legal-political activism. Ours is the positivist faith of the lawyer-engineer laboring inside the... 2007  
Sylvia R. Lazos Vargas FOREWORD: EMERGING LATINA/O NATION AND ANTI-IMMIGRANT BACKLASH 7 Nevada Law Journal 685 (Summer 2007) LatCrit XI, Working and Living in the Global Playground: Frontstage and Backstage, convened at William S. Boyd School of Law, in Las Vegas Nevada, during October 2006 and called upon over 150 academics to focus on the impacts of globalization and immigration. At no time has LatCrit's critical approach of interconnecting the structures of... 2007  
Justin D. Levinson FORGOTTEN RACIAL EQUALITY: IMPLICIT BIAS, DECISIONMAKING, AND MISREMEMBERING 57 Duke Law Journal 345 (November, 2007) In this Article, I claim that judges and jurors unknowingly misremember case facts in racially biased ways. Drawing upon studies from implicit social cognition, human memory research, and legal decisionmaking, I argue that implicit racial biases affect the way judges and jurors encode, store, and recall relevant case facts. I then explain how this... 2007  
Deleso Alford Washington HURRICANE KATRINA AND COLLECTIVE IDENTITY: SEEING THROUGH A "HER-STORICAL LENS" 31 Nova Law Review 325 (Winter 2007) I. Introduction 326 II. Hurricane Katrina and Geography 329 III. Identity and Collective Identity 334 IV. Identity and Symbols 335 2007  
Theresa A. Martinez IMAGES OF THE "SOCIALLY DISINHERITED": INNER-CITY YOUTH IN RAP MUSIC 10 Journal of Law and Family Studies 111 (2007) While mainstream American media consistently portray urban youth of color from a stereotypical, deficit-based, and deleterious standpoint, these images run in startling contrast to portrayals in rap music. Rap music artists, instead, consistently document the neglect and abandonment of youth of color in America's devastated inner-city landscapes.... 2007  
Kitty Calavita IMMIGRATION LAW, RACE, AND IDENTITY 3 Annual Review of Law and Social Science 1 (2007) ethnicity, naturalization, exclusion, Hurricane Katrina This review examines the scholarship at the intersection of immigration law, race, and identity. Historically, much of the literature has focused on the ways immigration law has constructed, and been constructed by, racial categories. I argue that African American racialization has been a... 2007  
Thomas Ross INSTRUMENTAL RACISM: A CONVENIENT UNTRUTH 50 Howard Law Journal 685 (Spring 2007) Writing about race is an uncertain enterprise. Surely, we tell ourselves, if we can simply find a better way of thinking and talking about race, we might hasten the day of redemption. Yet, after centuries of talk, and imaginative reconstructions of thought, race remains a jagged scar across our social and political landscape. Much has changed, but... 2007  
Margaret Chon INTELLECTUAL PROPERTY "FROM BELOW": COPYRIGHT AND CAPABILITY FOR EDUCATION 40 U.C. Davis Law Review 803 (March, 2007) Introduction. 805 I. And What Does Intellectual Property Have to Do with Social Justice?: Intellectual Propertyfrom Below. 806 II. Building Educational Capacity: Access to Textbooks in Developing Countries. 821 A. Knowledge Public Goods: The Case of Textbooks. 821 B. The Current Copyright Framework. 827 C. Application of a Substantive Equality Norm... 2007  
Tanya Katerí Hernández LATINO INTER-ETHNIC EMPLOYMENT DISCRIMINATION AND THE "DIVERSITY" DEFENSE 42 Harvard Civil Rights-Civil Liberties Law Review 259 (Summer, 2007) For the great enemy of truth is very often not the lie--deliberate, contrived and dishonest--but the myth, persistent, persuasive and unrealistic. With the growing racial and ethnic diversity of the U.S. population and workforce, scholars have begun to address the ways in which coalition building across groups not only will continue to be necessary... 2007  
Rhonda V. Magee LEGAL EDUCATION AND THE FORMATION OF PROFESSIONAL IDENTITY: A CRITICAL SPIRITUO-HUMANISTIC--"HUMANITY CONSCIOUSNESS"--PERSPECTIVE 31 New York University Review of Law and Social Change 467 (2007) Over the past generation, sociologists, critical legal theorists, and commentators from various perspectives have increasingly focused on what might be called the identity crisis among American lawyers. This evidence of a crisis of despair among lawyers comes as no surprise to critical theorists-- also known as Crits--in legal academia. Since the... 2007  
Darren Lenard Hutchinson MAJORITY POLITICS AND RACE BASED REMEDIES 50 Howard Law Journal 827 (Spring 2007) Political scientists and sociologists who study the interaction of law and society have demonstrated that the law is an important component of social movement activity. Political activists target legal actors because legal institutions play a central role in articulating and executing policies that impact the substance of social movement activity.... 2007  
Matthew Stoloff MINIMAL CHANGE?: IMPLICATIONS OF THE "RAISE THE MINIMUM WAGE FOR WORKING ARIZONANS ACT" 39 Arizona State Law Journal 1287 (Winter 2007) In November 2006, Arizona voters approved Proposition 202, a ballot initiative that established a statewide minimum wage for eligible employees. The initiative, known as the Raise the Minimum Wage for Working Arizonans Act (Act), repealed former section 23-362 of the Arizona Revised Statutes, enacted in 1997, which prohibited political... 2007  
Angela Mae Kupenda NEGOTIATING A METAPHORICAL CONTRACT BETWEEN BLACKER AND WHITER AMERICA 37 University of Memphis Law Review 707 (Summer, 2007) I. Differentiating this Contract from Other Contracts on Race. 714 II. Examining the Limited Effectiveness of Other Means of Resolving the Race Problem. 719 III. Envisioning Contract Law as a Vehicle for Radical Racial Change. 724 A. Considering Past Connections of Race and Contract Law. 724 B. Considering Contract Law in Other Intimate Contexts.... 2007  
Amit Sen POLICING THE BORDER: REGULATING RACE, GENDER, AND SEXUALITY 8 Georgetown Journal of Gender and the Law 67 (2007) I used to wonder About living and dying - I think the difference lies Between tears and crying. I used to wonder About here and there - I think the distance Is nowhere. --Langston Hughes, Border Lines This paper is born out of extremely personal experiences. It is born out of watching my Bengali mother shed tears of indignation in Britain at the... 2007  
Imani Perry POST-INTENT RACISM: A NEW FRAMEWORK FOR AN OLD PROBLEM 19 National Black Law Journal 113 (2006-2007) In this article, I present an analysis of how racism and the practice of racial inequality persist in a society whose citizenry has fully embraced an ethos of racial equality. I offer a theory of what I have termed post-intent racism relying on research in the fields of social cognition, sociology, narratology, and bounded rationality. I argue... 2007  
Reza Dibadj POSTMODERNISM, REPRESENTATION, LAW 29 University of Hawaii Law Review 377 (Summer, 2007) What are we calling postmodernity? I'm not up to date. -Michel Foucault Postmodernism suffers from a bad rap. Commentators variously describe it as a nickname attributed to characters of shadowy reputation and as a phenomenon more kitschy than monstrous, so distressing to its critics. One even goes so far as to call postmodernism an overripe... 2007  
Catherine Smith QUEER AS BLACK FOLK? 2007 Wisconsin Law Review 379 (2007) I. Introduction. 380 II. Forty Years of Loving. 385 III. The Pitfalls of LGBT Sameness Arguments. 386 A. The Same-As Mantra Triggers Counterarguments of Difference. 387 B. The Same-as Mantra Negates the Racism of White LGBT People as Members of the White Majority. 389 C. The Same-as Mantra Denies Homophobia in Straight Blacks as Members of the... 2007  
Dorothy A. Brown RACE AND CLASS MATTERS IN TAX POLICY 107 Columbia Law Review 790 (April, 2007) The Earned Income Tax Credit (EITC), which is available only to low-income workers, is headed for extinction or at least the end of the EITC as we know it. Recently we were informed that 1.6 million low-income taxpayers had their tax refunds frozen over the last five years, although the vast majority did nothing wrong. Low-income taxpayers are... 2007  
Beverly Moran , Stephanie M. Wildman RACE AND WEALTH DISPARITY: THE ROLE OF LAW AND THE LEGAL SYSTEM 34 Fordham Urban Law Journal 1219 (May, 2007) Many authors in the forthcoming book Race and Wealth Disparities: A Multidisciplinary Discourse assume that law plays some role in the creation and maintenance of wealth disparities based upon race. Yet some lawyers, judges, legislators, professors, and law students would strongly dispute that view. Many legal workers, like other Americans, believe... 2007  
Jonathan Kahn RACE-ING PATENTS/PATENTING RACE: AN EMERGING POLITICAL GEOGRAPHY OF INTELLECTUAL PROPERTY IN BIOTECHNOLOGY 92 Iowa Law Review 353 (February, 2007) I. Introduction. 355 II. Race, Genes, and Drug Development. 360 III. Producing and Organizing Social Data on Race and Ethnicity: OMB Directive 15. 366 IV. Producing and Organizing Genetic Information: Federally Sponsored Genetic Databases. 368 V. BiDil: Portent of Things to Come. 379 VI. The Rise of Racial Patents. 383 A. Patent Law Basics. 383 B.... 2007  
Edward C. Thomas RACIAL CLASSIFICATION AND THE FLAWED PURSUIT OF DIVERSITY: HOW PHANTOM MINORITIES THREATEN "CRITICAL MASS" JUSTIFICATION IN HIGHER EDUCATION 2007 Brigham Young University Law Review 813 (2007) In December, 2006, the Supreme Court heard oral argument in a pair of cases that once again thrust racial classification to the forefront of public debate. The two cases, Meredith v. Jefferson City Board of Education, and Parents Involved in Community Schools v. Seattle School District, are the Court's first review of racial classification under... 2007  
Samira Fatemeh Afzali RACIALIZING JUSTICE FOR GREY PEOPLE 64 Guild Practitioner 193 (Winter 2007) Roozbeh and I are rushing to make it to Astoria in time to meet acquaintances where we've been holding a few brainstorming sessions in the past month, after Roozbeh and I were thrown off the PATH train by an African-American conductor. The conductor accused Roozbeh of intimidating an elderly white female passenger. Outraged by the incident, Roozbeh... 2007  
Pamela D. Bridgewater RECONSTRUCTING RATIONALITY: TOWARDS A CRITICAL ECONOMIC THEORY OF REPRODUCTION 56 Emory Law Journal 1215 (2007) As the Center for Reproductive Rights prepared to argue the next big reproductive rights case to come before the Supreme Court, it paused to consult with its constituents and supporters--experts, activists, and scholars all interested and invested in the state of the reproductive rights project. I commend their decision to give members from various... 2007  
Rachel Bloomekatz RETHINKING IMMIGRATION STATUS DISCRIMINATION AND EXPLOITATION IN THE LOW-WAGE WORKPLACE 54 UCLA Law Review 1963 (August, 2007) Popular discourse in the U.S. immigration debate often simply asserts that immigrants take jobs that native workers do not want. Though perhaps politically salient, such slogans overlook the complex interaction between employer preferences, immigration, and legal protections. Building on sociological research, this Comment explores the reality that... 2007  
Dr. Martha-Marie Kleinhans REWRITING "OUTSIDER" NARRATIVES: A RENAISSANCE OF REVOLUTIONARY SUBJECTIVITIES 2 Charleston Law Review 185 (Fall 2007) Introduction. 185 Thematizing Outsider Jurisprudence. 189 Transformation Through Empathy. 193 Voices of Victims. 200 A Common Struggle Amongst and Between Outsider Authors. 205 Outsider Storytelling as Politics. 207 Conclusion. 213 2007  
Richard Delgado RODRIGO'S CORRIDO: RACE, POSTCOLONIAL THEORY, AND U.S. CIVIL RIGHTS 60 Vanderbilt Law Review 1691 (November, 2007) Introduction: Enter Rodrigo, Sporting a New Persona. 1692 I. In Which Rodrigo Sets Out His New Synthesis: What the American Civil Rights Community Can Learn from Postcolonial Scholarship. 1695 A. In Which Rodrigo Explains the First Part of His Thesis: How Postcolonial Thought Can Enrich American Civil Rights Scholarship. 1697 B. In Which Rodrigo... 2007  
Adele M. Morrison SAME-SEX LOVING: SUBVERTING WHITE SUPREMACY THROUGH SAME-SEX MARRIAGE 13 Michigan Journal of Race and Law 177 (Fall 2007) This Article marks the 40th anniversary of Loving v. Virginia--the landmark decision that responded to the question of the constitutionality of anti-miscegenation laws by firmly stating that the fundamental right to marry could not be restricted by race--by taking up the issue of the case's applicability in the context of same-sex marriage. The... 2007  
Francisco Valdes SECOND ANNUAL CULP LATCRIT LECTURE -- THE CONSTITUTION OF TERROR: BIG LIES, BACKLASH JURISPRUDENCE, AND THE RULE OF LAW IN THE UNITED STATES TODAY 7 Nevada Law Journal 973 (Summer 2007) Today, we celebrate the first annual conference of a second decade in LatCrit theory, community, and praxis, an experiment in critical outsider jurisprudence that Jerome helped mightily to make possible. Sadly, we do so with Jerome in our midst only in spirit. But while among us in the flesh, he attended every single LatCrit conference, from the... 2007  
Judith A.M. Scully SEEING COLOR, SEEING WHITENESS, MAKING CHANGE: ONE WOMAN'S JOURNEY IN TEACHING RACE AND AMERICAN LAW 39 University of Toledo Law Review 59 (Fall 2007) TEACHING Race, Racism, and American Law is a very personal journey for both teachers and students. My purpose in writing this article is to share my experience teaching Race, Racism, and American Law on both a personal and academic level. Race is a crucial part of our history and identity and yet it is not commonly confronted in law school classes.... 2007  
Jacquelyn L. Bridgeman SEEING THE OLD LADY: A NEW PERSPECTIVE ON THE AGE OLD PROBLEMS OF DISCRIMINATION, INEQUALITY, AND SUBORDINATION 27 Boston College Third World Law Journal 263 (Spring, 2007) Abstract: In recent years, legal scholars have used insights from cognitive and social psychology to explain that, despite significant gains, discrimination persists in America. Specifically, such scholars argue that our current antidiscrimination legal system, aimed at overt, conscious, and intentional conduct is not an effective tool for... 2007  
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