Document Type
Article
Publication Date
2015
Abstract
The Supreme Court's current doctrinal rules governing racial discrimination and affirmative action are unsatisfying. They often seem artificial, internally inconsistent, and even conceptually incoherent. Despite a long and continuing history of racial discrimination in the United States, many of the problems with the Supreme Court's racial jurisprudence stem from the Court's willingness to view the current distribution of societal resources as establishing a colorblind, race-neutral baseline that can be used to make equality determinations. As a result, the current rules are as likely to facilitate racial discrimination as to prevent it, or to remedy the lingering effects of past discrimination.
Publication Citation
23 Wm. & Mary Bill Rts. J. 585 (2014-2015)
Scholarly Commons Citation
Spann, Girardeau A., "Good Faith Discrimination" (2015). Georgetown Law Faculty Publications and Other Works. 1927.
https://scholarship.law.georgetown.edu/facpub/1927
Included in
Civil Rights and Discrimination Commons, Law and Race Commons, Supreme Court of the United States Commons