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Identity: Obstacles and Openings
Progress regarding equality and social identities has moved in a bipolar fashion: popular engagement with the concept of social identities has increased even as courts have signaled decreasing interest in engaging identity. Maintaining and deepening the liberatory potential of identity, particularly in legal and policymaking spheres, will require understanding trends in judicial hostility toward "identity politics," the impact of status hierarchy even within minoritized identity groups, and the threat that white racial grievance poses to identitarian claims.
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Working paper
Blackness as Property: Race, Resilience, and Universality in the Law
In: University of Miami Legal Studies Research Paper No. 2015-13
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Working paper
Opt-Out Education: School Choice as Racial Subordination
Despite failure to improve academic outcomes or close the achievement gap, school-choice policies, advanced by education legislation and doctrine, have come to dominate public discourse on public education reform in the United States, with students of color disproportionately enrolling in voucher programs and charter schools. This Article moves past the typical market-based critiques of school choice to analyze the particularly racialized constraints on choice for marginalized students and their families in the public school system. The Article unpacks the blame-placing that occurs when the individualism and independence that school choice and choice rhetoric promote fail to improve academic outcomes, and the ways in which choice merely masks racial subordination and the abdication of democratic values in the school system. Students of color and their families may be opting out, but their decisions to do so neither improve public education nor reflect genuine choice. This Article ultimately argues that the values underlining school choice and choice rhetoic-like privacy, competition, independence, and liberty-are inherently incompatible with the public school system. The Article concludes by suggesting an alternate legal and rhetorical framework acknowledging the vulnerability of minority students, as well as the interdependence between white students and nonwhite students in the system, and it advances strict limitations on school choice, even, if necessary, in the form of compulsory universal public school education.
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Working paper
Minority-Targeted Aid in Higher Education
This comprehensive, three-volume set explores the ways the United States has interpreted affirmative action and probes the effects of the policy from the perspectives of economics, law, philosophy, psychology, sociology, political science, and race relations. Expert contributors tackle a host of knotty issues, ranging from the history of affirmative action to the theories underpinning it. They show how affirmative action has been implemented over the years, discuss its legality and constitutionality, and speculate about its future. Volume one traces the origin and evolution of affirmative action. Volume two discusses modern applications and debates, and volume three delves into such areas as international practices and critical race theory. Standalone essays link cause and effect and past and present as they tackle intriguing—and important—questions. When does "affirmative action" become "reverse discrimination"? How many decades are too many for a "temporary" policy to remain in existence? Does race- or gender-based affirmative action violate the equal protection of law guaranteed by the Fourteenth Amendment? In raising such issues, the work encourages readers to come to their own conclusions about the policy and its future application.
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Opt-Out Education: School Choice as Racial Subordination
In: Iowa Law Review, Forthcoming
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Predatory Ed: The Conflict between Public Good and For-Profit Higher Education
In: Journal of College and University Law, Band 38, Heft 1, S. 47
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Dog Wags Tail: The Continuing Viability of Minority-Targeted Aid in Higher Education
In: Indiana Law Journal, Band 85, S. 851-892
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Talking About Black Lives Matter and #MeToo
In: 32 Wisconsin Journal of Law, Gender & Society 1 (2019)
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