Law 645 - Race Conscious Remedies
Cheryl I. Harris
J.D. Northwestern, 1978.
This seminar will focus on race-conscious remedies designed to ameliorate race discrimination and inequality. Preliminary focus will be on the location of race-conscious remedies within the existing framework of anti-discrimination law, both statutory and constitutional, as well as various critiques of traditional remedial approaches. This will provide the platform for consideration of a range of normative, doctrinal and empirical debates in law and public policy regarding race and remediation, including but not limited to affirmative action. Current litigation involving remediation for race based injuries and inequality will be analyzed. We will also examine contemporary research on a number of issues implicated in these debates including research methods, definitions of merit, methods of assessment, institutional culture, structural inequality, and mechanisms of democratic accountability.