The status-production sideshow: why the antidiscrimination laws are still a mistake
Article Abstract:
Richard H. McAdams has proposed an economic model of race discrimination based on the role of social status production in the dynamics of group behavior. However, he overestimates the role of status production, which is merely a sideshow compared to the role of coercion. McAdams fails to consider that the same techniques of status production are available to all groups and thus are not sufficient to maintain the dominance of any one group. His arguments cannot justify the institutionalization of racial distinctions under the Civil Rights Acts because that approach is inherently flawed.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1995
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Out of the frying pan or into the fire? Race and choice of venue after Rodney King
Article Abstract:
State legislatures should enact laws requiring judges to consider race in change of venue decisions. The requirement under the Sixth Amendment that the jury represent a fair cross-section of the community offers inadequate protection. Furthermore, the Equal Protection Clause requires a demonstration of discriminatory intent. Therefore, legislative action is needed to prevent change of venue to a community with a substantially different racial composition, as occurred in the trial of the Los Angeles police officers accused of beating Rodney King.
Publication Name: Harvard Law Review
Subject: Law
ISSN: 0017-811X
Year: 1993
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