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| Preface to the Fourth Edition | |
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| Acknowledgments | |
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| The Nomenclature of Race | |
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| Introduction | |
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| Race: A Modern-Day Phenomenon | |
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| Race as Biology | |
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| Racial Essence | |
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| Sociohistorical Constructions of Race | |
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| Choice in Racial Identity | |
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| Choice and the Implication of Multiraciality | |
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| Conclusion | |
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| American Racism and the Uses of History | |
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| Introduction | |
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| Racism Hypo: African Americans and the Afrolantics Opportunity | |
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| An Overview of Black History | |
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| The Emancipation Proclamation | |
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| Abolition of Slavery in Northern States | |
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| Slavery in America | |
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| Slavery and the Conflict of Laws | |
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| The Dred Scott Case | |
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| Slavery and the Founding Fathers | |
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| The Origin and Development of Slavery Compromise | |
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| The Principle of the Involuntary Sacrifice | |
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| The Civil War Amendments and Civil Rights Acts | |
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| The Lessons of the First Reconstruction | |
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| Understanding Racism Based on the Nineteenth-Century Experience | |
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| Reparations for Racism | |
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| Emigration as an Answer | |
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| A New Racial Realism | |
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| Racism and Other "Nonwhites" | |
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| Introduction | |
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| The Indian | |
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| Nonwhite Natives in Other Lands | |
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| Nonblack Racial Minorities in the United States | |
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| Color-Blind Constitutionalism: A Rediscovered Rationale | |
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| Introduction | |
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| The Racial Platitude of Plessy's New Day | |
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| A Politically Motivated Reversal of Judicial Precedent | |
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| The Courts Adopt Color-Blindness | |
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| A Critical Race Theory Critique of Color-Blindness | |
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| The Quest for Effective Schools | |
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| The Separate School/Integrated School Cycle in the Nineteenth Century | |
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| Extracting Equality from the "Separate but Equal" Doctrine | |
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| Brown v. Board of Education | |
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| The Green/Swann/Keyes Breakthrough | |
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| The Road from Swann | |
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| The Neutral Principle of Race in Brown | |
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| School Finance | |
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| Single-Race Schools: Retrograde or Renaissance? | |
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| Charter Schools and School Vouchers | |
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| Black Colleges and the Desegregation Dilemma | |
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| Racism Hypo: Excluded White Applicants v. Howard University School of Dentistry | |
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| Minority Admissions and the Usual Price of Racial Remedies | |
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| From Affirmative Action to New Challenges on Traditional Admissions Criteria | |
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| Public Facilities: Symbols of Subordination | |
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| Segregation Statues: Methods and Motivations | |
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| The Supreme Court's Nineteenth-Century Approval of Segregation | |
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| Justice Bradley Reconsiders the Fourteenth Amendment | |
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| The Supreme Court's Mid-Twentieth-Century Rejection of Segregation | |
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| Racism Hypo: ACLU v. Harmonia Prison Authority | |
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| Title II, Its Development and Potential | |
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| The Private Club Exemption | |
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| The Private Club Exemption and State Action | |
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| Private Clubs and Public Tax Subsidies | |
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| Private Facilities and Section 1981 | |
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| Racial Discrimination in the Marketplace | |
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| Public Facility Bias: Testers to the Rescue | |
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| Interracial Sex and Marriage | |
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| Defining the Contemporary Miscegenation Problem | |
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| The Rise and Decline of Miscegenation Laws | |
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| The Motivations of Miscegenation Policy | |
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| Black Opposition to Interracial Love and Marriage | |
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| Interracial Couples and Employment Discrimination | |
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| Interracial Couples and Housing Discrimination | |
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| Religious Belief and Interracial Social Contact | |
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| Interracial Influences on Custody Cases | |
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| Racism Hypo: The Color-Blind Adoption Act | |
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| Interracial Adoptions | |
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| Interracial Adoptions and the American Indian Child Welfare Act of 1978 | |
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| Property Barriers and Fair Housing Laws | |
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| Introduction | |
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| The Restrictive Covenant Cases | |
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| Use of Referenda and Initiatives to Eliminate Civil Rights | |
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| Section 1982 | |
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| Racism Hypo: Town and Country Fair Housing, Inc. v. RIGHT ON Home Mortgage Co. | |
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| The Fair Housing Act of 1968 | |
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| Damages for Intangible Injury in Housing Discrimination Cases | |
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| Racism Hypo: Trudy Trustwell v. Have-a Hart Realty Co. | |
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| Federal Fair Housing Law and the "Standing" Issue | |
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| Continuing Segregation and Occupancy Controls | |
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| Racism Hypo: Blackright v. Village of New Day | |
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| Urban Renewal and Black Housing | |
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| Public Housing and the Integration Ideology | |
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| Proof Standards in Municipal Land Use Challenges | |
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| Discrimination in the Administration of Justice | |
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| Summary Punishment via Racial Violence | |
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| Criminal Remedies for Civil Rights Violations | |
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| Ineffective Criminal Penalties | |
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| Screws v. United States | |
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| Interracial Lynching and the Revitalization of Sections 241 and 242 | |
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| Civil Remedies Under Section 1983 | |
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| Pre-Monell Efforts to Achieve Municipal Liability | |
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| Civil Remedies Under Section 1985(3) | |
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| Civil Remedies Based Directly on Constitutional Amendments | |
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| Societal Limits on Basic Protections for Blacks | |
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| Racism Hypo: Black Plaintiffs v. Suburban Scene | |
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| Discrimination in the Criminal Justice System | |
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| Nondiscriminatory Jury Selection Standards | |
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| Racism in the Jury Box | |
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| The Systematic Exclusion Standard | |
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| The Peremptory Challenge: A Choice of Interests | |
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| Raising the Racial Issue on Voir Dire | |
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| Affirmative Action in the Jury Box | |
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| Racism Hypo: Proposed Model Racial Reality in Jury Selection Act | |
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| The Right to Nondiscriminatory Juries in Civil Cases | |
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| Voting Rights and Democratic Domination | |
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| Introduction | |
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| To Vote or Not to Vote? | |
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| Disfranchisement: Post-Reconstruction Style | |
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| Symbolic Voting Rights | |
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| Twentieth-Century Voting Rights Acts | |
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| Judicial Review and the 1965 Voting Rights Act | |
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| The Aftermath of Disfranchisement | |
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| Post-Gomillion Gerrymanders: Problems of Proof | |
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| Political Gerrymanders with Racial Implications | |
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| Black Vote Dilution via At-Large Elections | |
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| The Supreme Court and Multi-Member Dilution Standards | |
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| Section 5 and Annexation Challenges | |
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| Section 5 and Redistricting Challenges | |
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| Shaw v. Reno Lines of Cases | |
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| Reserved Racial Representation | |
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| The Racial Futility Component in Black Voting | |
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| The Parameters of Racial Protest | |
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| Introduction | |
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| The Lawful Protester's Dilemma | |
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| "Creative DIsorder" and the Courts | |
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| Judicial Sanctioning of the Sit-Ins While Preserving Racial Hierarchy | |
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| The Judicial Role in Social Reform Through Protests | |
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| Civil Rights Boycotts and Counterattacks | |
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| Defamatory Statements and Protest Rights | |
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| Racial Demonstrations Since the Sit-In Period | |
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| Racial Issues and the Flag-Burning Cases | |
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| Cross Burning by Whites as Expressive Conduct | |
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| Balancing School Protest Rights | |
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| Fair Hearings for Student Protestors | |
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| Protest Rights in Residential Areas | |
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| Race, Rap, and the Regulation of Free Speech | |
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| Racism Hypo: Maiden Heaven v. City of Otisville | |
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| The First Amendment and Racist Speech | |
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| Racism Hypo: Park v. Dean of Students | |
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| The Limited Strategy of Fair Employment Laws | |
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| Employment Discrimination and Its Impact on the Economic Status of Blacks | |
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| Toward a Jurisprudence of Employment Discrimination | |
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| Employment Discrimination and Labor Relations Law Remedies | |
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| Labor Stability vs. Racial Equality | |
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| Fair Employment Laws: An Overview | |
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| Title VII and Disparate Treatment | |
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| Title VII and Disparate Impact: Griggs and Wards Cove | |
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| The Legacy of Washington v. Davis and the Search for Discriminatory Purpose | |
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| Beyond the Blue-Collar Worker: The Upper Limits of Remedies for Employment Discrimination | |
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| Title VII and Affirmative Action | |
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| Employment, Race, and Gender: Are You a Black, a Woman, or What? | |
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| Appendix of Case Opinions | |
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| Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857) | |
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| The Civil Rights Cases, 109 U.S. 3 (1883) | |
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| Plessy v. Ferguson, 163 U.S. 537 (1896) | |
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| Korematsu v. United States, 323 U.S. 214 (1944) | |
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| Brown v. Board of Ed. (Brown I), 347 U.S. 483 (1954) | |
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| Brown v. Board of Ed. (Brown II), 349 U.S. 294 (1955) | |
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| Washington v. Davis, 426 U.S. 229 (1976) | |
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| Regents of the University of California v. Bakke, 438 U.S. 265 (1978) | |
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| Batson v. Kentucky, 476 U.S. 79 (1986) | |
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| Thornburgh v. Gingles, 478 U.S. 30 (1986) | |
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| Richmond v. J.A. Croson Co., 488 U.S. 469 (1989) | |
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| Wards Cove v. Atonio, 490 U.S. 642 (1989) | |
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| R.A.V. v. City of St. Paul, Minnesota, 505 U.S. 377 (1992) | |
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| Wisconsin v. Mitchell, 508 U.S. 476 (1993) | |
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| Shaw v. Reno, 509 U.S. 630 (1993) | |
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| Shaw v. Hunt, 517 U.S. 899 (1996) | |
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| Adarand Constructors, Inc. v. Pena, 515 U.S. 200 (1995) | |
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| Table of Cases | |
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| Index | |