• Corpus ID: 30833378

Black and White After Brown: Constructions of Race in Modern Supreme Court Decisions

  title={Black and White After Brown: Constructions of Race in Modern Supreme Court Decisions},
  author={Rogers M. Smith},
  journal={University of Pennsylvania Journal of Constitutional Law},
  • Rogers M. Smith
  • Published 2003
  • Law
  • University of Pennsylvania Journal of Constitutional Law
This essay examines one dimension of a quite broad-ranging topic: how modern American law is explicitly and implicitly constructing the racial identities of contemporary American citizens. I focus on two contrasting conceptions of "white" and "black" racial identity visible in decisions of the United States Supreme Court during the post-Jim Crow era.' I term these the "damaged race" and the "racial irrelevance" views (though the latter is more customarily referred to as "color-blind… 
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