If this Theory Could Talk
It would say "I am not nearly as race neutral as you think. In fact, I can be downright racist."
Colorblindness
Bonus 150pts: Drawing on Justice Harlan's dissent, critique colorblindness
While reasonable suspicion is enough to justify detaining a person, it is not enough to justify seizing a person. True or False?
False
Bonus 50pts: Explain
So you think de jure racial segregation in the context of education was just a problem for black people. This case says otherwise.
Gong Lum v. Rice
Bonus 100pts: How does this case implicate concerns about racial solidarity?
Decolonizing land has long been an antiracist practice, and so has decolonizing the ______
Mind
It would say, commenting on race, "It's not about biology, yo!"
Race is a social construct
Bonus 200pts: Explain
A key Constitutional Law case that expressly refused to apply a doctrinal standard from another area of law.
What is Washington v. Davis. Title VII
Th litigants of this case are essentially saying, "Just because we're not federally recognized, doesn't mean we're not sovereign."
Rice v. Cayetano
Bonus 100pts: Explain this case in relation to Morton v. Mancari
A case about which the author of a race law story asks: "Why aren't we loving" this case?
Perez v. Sharp
Bonus 100pts: Name two ways in which this case differs from Loving v. Virginia
It might say this to its intended audience "toughen up!"
White Fragility
The Fourteenth Amendment is to African Americans what _____ is to Mexican Americans.
Treaty of Guadalupe Hidalgo
Bonus 100pts: Explain
If Christopher Columbus had gotten things right, the reasoning in this case would have been altogether different.
People v. Hall
Were I to write a book titled, "The Untold story of Ms. Mary Meagles," which case would I have to discuss?
Yick Wo v. Hopkins
Bonus 100pts: Explain the significance of this case
It might say, "the fact that you didn't intend it doesn't really matter!"
Implicit Bias
Bonus 100pts: What is stereotype threat?
Bonus 200pts: Distinguish between "attitude" and "stereotype."
This framework draws on a theory that explains when and how scientific knowledge changes.
The Black/White Paradigm
Bonus 100pts: What is useful about this framework?
Bonus 100pts: What is potentially troubling?
"What's Love Got to Do with it?" Change one word in the title of this Tina Turner song and you'll get to the name of the Race Law Story chapter that discusses this case.
Morton v. Mancari
Bonus 100pts: Why is this case significant?
Loves objectivity --narrative, not so much.
Loves Colin Powell--Richard Delgado, not so much.
Name that person.
Richard Posner
Borrowing from Jill Scott, it might sing, "Woke up this morning at the crossroads of my life. Jumped out of bed, looked in the mirror, and saw my whole self. Made me some breakfast, without having to choose between the toast and the scrambled eggs."
Intersectionality
Bonus 3pts: Explain how this differs from essentialism.
Assume Plessy v. Ferguson is good law. Assume it has antiracist potential? Explain.
Stigma
Equality of resources
Race per say not a problem
Doesn't require colorblindness
Fill in the blanks with the relevant racial categories and name the case.
In which case do the litigants say something like:
I'm not saying I am ___. I'm saying I am ___. And, because I am not ___, I should be free.
Hudgins . Wright
White
Indian
Black
Bonus 100pts: What is the significance of this case?
A black lesbian should invoke her _____ if she wants the affirmative action program under which she is a beneficiary to be subject to ______ standard of review. But if the state government discriminates against her, she should invoke her _______ and benefit from ______ standard of review.
Sexual orientation
Rational Basis
Race
Strict scrutiny