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date: 09 December 2018

Abstract and Keywords

As equal protection law develops, the Supreme Court’s concept of race moves from sociocultural/sociohistorical to biological. Concurrently, (1) the academic concept of race moves in the opposite direction, (2) the Court’s understanding of why racial discrimination is problematic changes from how racial discrimination reinforces the badges of slavery to the idea that racial discrimination is problematic per se, and (3) whites begin to become successful at using equal protection law to protect them from “racial discrimination.” One explanation is that this is another example of the divestiture of the rights of blacks since the end of the civil rights movement.

Keywords: equal protection law, concept of race, critical race theory, Fourteenth Amendment, Supreme Court and race

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