Racial Discrimination Perpetuates Historically Situated Oppression The Failure of Antidiscrimination Laws to Protect Multiracial Racialized Persons Historical Engagement Between Multiracial Racialized Persons and the Law Legal Equality Facilitates and Perpetuates the Problem of Racial InequalityĬhapter 5: The Special Case of Multiracial Racialized Persons Legal Equality is Out of Step with the Contemporary Sociocultural Context Legal Equality is Out of Step with the Purpose of the Clause The Academic Switch from Biological Race to Sociocultural/Sociohistorical RaceĪ Change in Understanding of the Problem of Racial DiscriminationĬhapter 4: The Concept of Equality and Equal Protection LawĮarly Equal Protection Law: Social EqualityĬontemporary Equal Protection Law: Legal Equality The Supreme Court’s Switch from Sociocultural/Sociohistorical Race to Biological Race Discriminatory Impactīakke: Racial Discrimination Per Se is FormalizedĬhapter 3: The Concept of Race and Equal Protection Law Racial Discrimination Per Se Begins: Japanese Americans after WWIIĭiscriminatory Intent vs. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court’s list of priorities.Ĭhapter 2: Equal Protection and Racialized Persons The Supreme Court’s switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. One result of these trends is the recent emergence of something called 'reverse discrimination.' Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S.
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