LAW Equal Protection: Race and the Law
Civil Rights/Liberties: General
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Equal Protection: Race and the Law
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[ Academia ] [ Litigation ] [ Regulatory & Policy ] Civil Rights/Liberties: General
Why it is relevant for ...
[ Academia ] [ Litigation ] [ Regulatory & Policy ] as a Key Elective : Discrimination or unequal treatment is frequently the gravamen of civil rights litigation. Students interested in a civil rights practice should take one or more courses that address the legal framework of the anti-discrimination or equal opportunity laws. This course reviews a variety of historical and contemporary issues relating to race and the law from the perspectives of sociology, psychology, history and the law.
General course Description:
This course will examine the application of constitutional and statutory antidiscrimination law to race related controversies across a variety of settings. The course will begin with an exploration of the historical developments that led to antidiscrimination law, and with an introduction to the competing frameworks that define current antidiscrimination law: the discriminatory purpose and anti-classification approaches that feature prominently in equal protection doctrine, and the disparate impact framework that is incorporated into some statutory law. After some exploration of the historical origins of antidiscrimination law and its alternative formulations, the course will then turn to the specific contexts in which controversies arise. The settings that will be examined include criminal justice, college admissions, political participation, primary/secondary education, employment, housing, hate speech, and the formation of family relationships. In each of these settings, we will devote close attention to the role of antidiscrimination law in specific controversies. Throughout, our intellectual goals will be twofold: to understand the special challenges that race poses, and to appreciate more generally some of the dilemmas of legal regulation.
Course Style: A Substantive/Statutory course deals with law, theory, and policy in the context of a particular code or statutory scheme.