Race Wrongs And Remedies

Black Americans continue to lag behind on many measures of social and economic well-being. Conventional wisdom holds that these inequalities can only be eliminated by eradicating racism and providing well-funded social programs. In Race, Wrongs, and Remedies, Amy L. Wax applies concepts from the law of remedies to show that the conventional wisdom is mistaken. She argues that effectively addressing today's persistent racial disparities requires dispelling the confusion surrounding blacks' own role in achieving equality. The evidence overwhelmingly suggests that discrimination against blacks has dramatically abated. The most important factors now impeding black progress are behavioral: low educational attainment, poor socialization and work habits, drug use, criminality, paternal abandonment, and non-marital childbearing. Although these maladaptive patterns are largely the outgrowth of past discrimination and oppression, they now largely resist correction by government programs or outside interventions. Wax asserts that the black community must solve these problems from within. Self-help, changed habits, and a new cultural outlook are, in fact, the only effective tactics for eliminating the present vestiges of our nation's racist past. Published in cooperation with the Hoover Institution

The election of America’s first black president has led many to believe that race is no longer a real obstacle to success and that remaining racial inequality stems largely from the failure of minority groups to take personal responsibility for seeking out opportunities. Often this argument is made in the name of the long tradition of self-reliance and American individualism. In Awakening to Race, Jack Turner upends this view, arguing that it expresses not a deep commitment to the values of individualism, but a narrow understanding of them. Drawing on the works of Ralph Waldo Emerson, Henry David Thoreau, Frederick Douglass, Ralph Ellison, and James Baldwin, Turner offers an original reconstruction of democratic individualism in American thought. All these thinkers, he shows, held that personal responsibility entails a refusal to be complicit in injustice and a duty to combat the conditions and structures that support it. At a time when individualism is invoked as a reason for inaction, Turner makes the individualist tradition the basis of a bold and impassioned case for race consciousness—consciousness of the ways that race continues to constrain opportunity in America. Turner’s “new individualism” becomes the grounds for concerted public action against racial injustice.

As the population of older Americans grows, it is becoming more racially and ethnically diverse. Differences in health by racial and ethnic status could be increasingly consequential for health policy and programs. Such differences are not simply a matter of education or ability to pay for health care. For instance, Asian Americans and Hispanics appear to be in better health, on a number of indicators, than White Americans, despite, on average, lower socioeconomic status. The reasons are complex, including possible roles for such factors as selective migration, risk behaviors, exposure to various stressors, patient attitudes, and geographic variation in health care. This volume, produced by a multidisciplinary panel, considers such possible explanations for racial and ethnic health differentials within an integrated framework. It provides a concise summary of available research and lays out a research agenda to address the many uncertainties in current knowledge. It recommends, for instance, looking at health differentials across the life course and deciphering the links between factors presumably producing differentials and biopsychosocial mechanisms that lead to impaired health.

This book defends an original and pluralist theory of when and why discrimination wrongs people. Starting from actual legal cases in which claimants have alleged wrongful discrimination by other people or by the state, Sophia Moreau argues that we can best understand these people's complaints by thinking of them as complaints about different ways in which they have not been treated as equals in their societies--in particular, through unfair subordination, through the violation of their right to a particular deliberative freedom, or through the denial to them of access to a basic good, that is, a good that this person must have access to if they are to be, and to be seen as, an equal in their society. The book devotes a chapter to each of these wrongs, exploring in detail what unfair subordination consists of; what deliberative freedoms are, and when each of us has a right to them; and what it means to deny someone access to a basic good. The author explains why these wrongs are each distinctive, but are each a different way of failing to treat some people as the equals of others. Finally the author argues that both the state and we as individuals have a duty to treat others as equals, in these three specific senses.

In the wake of the Supreme Court’s recent decision regarding Fisher v. University of Texas, For Discrimination is at once the definitive reckoning with one of America’s most explosively contentious and divisive issues and a principled work of advocacy for clearly defined justice. What precisely is affirmative action, and why is it fiercely championed by some and just as fiercely denounced by others? Does it signify a boon or a stigma? Or is it simply reverse discrimination? What are its benefits and costs to American society? What are the exact indicia determining who should or should not be accorded affirmative action? When should affirmative action end, if it must? Randall Kennedy, Harvard Law School professor and author of such critically acclaimed and provocative books as Race, Crime, and the Law and the national best-seller Nigger: The Strange Career of a Troublesome Word, gives us a concise, gimlet-eyed, and deeply personal conspectus of the policy, refusing to shy away from the myriad complexities of an issue that continues to bedevil American race relations. With pellucid reasoning, Kennedy accounts for the slipperiness of the term “affirmative action” as it has been appropriated by ideologues of every stripe; delves into the complex and surprising legal history of the policy; coolly analyzes key arguments pro and con advanced by the left and right, including the so-called color-blind, race-neutral challenge; critiques the impact of Supreme Court decisions on higher education; and ponders the future of affirmative action.

Historically Canadians have considered themselves to be more or less free of racial prejudice. Although this conception has been challenged in recent years, it has not been completely dispelled. In Colour-Coded, Constance Backhouse illustrates the tenacious hold that white supremacy had on our legal system in the first half of this century, and underscores the damaging legacy of inequality that continues today. Backhouse presents detailed narratives of six court cases, each giving evidence of blatant racism created and enforced through law. The cases focus on Aboriginal, Inuit, Chinese-Canadian, and African-Canadian individuals, taking us from the criminal prosecution of traditional Aboriginal dance to the trial of members of the 'Ku Klux Klan of Kanada.' From thousands of possibilities, Backhouse has selected studies that constitute central moments in the legal history of race in Canada. Her selection also considers a wide range of legal forums, including administrative rulings by municipal councils, criminal trials before police magistrates, and criminal and civil cases heard by the highest courts in the provinces and by the Supreme Court of Canada. The extensive and detailed documentation presented here leaves no doubt that the Canadian legal system played a dominant role in creating and preserving racial discrimination. A central message of this book is that racism is deeply embedded in Canadian history despite Canada's reputation as a raceless society. Winner of the Joseph Brant Award, presented by the Ontario Historical Society

A meditation on race and identity from one of our most provocative cultural critics. A reckoning with the way we choose to see and define ourselves, Self-Portrait in Black and White is the searching story of one American family’s multigenerational transformation from what is called black to what is assumed to be white. Thomas Chatterton Williams, the son of a “black” father from the segregated South and a “white” mother from the West, spent his whole life believing the dictum that a single drop of “black blood” makes a person black. This was so fundamental to his self-conception that he’d never rigorously reflected on its foundations—but the shock of his experience as the black father of two extremely white-looking children led him to question these long-held convictions. It is not that he has come to believe that he is no longer black or that his kids are white, Williams notes. It is that these categories cannot adequately capture either of them—or anyone else, for that matter. Beautifully written and bound to upset received opinions on race, Self-Portrait in Black and White is an urgent work for our time.

There are wide racial disparities in virtually every sphere of economic life. African American workers earn less than whites. They are more likely to be denied loans than whites. Minority-owned businesses are less likely to win lucrative bids on state and federal contracts than are white male owned businesses. Black children are more likely than whites to be reported to child protective services for neglect or abuse. There are even huge disparities in downing rates between blacks and whites. What to do about these disparities? There is a fundamental disagreement about the appropriate remedies to these varied indicators of racial inequality. Part of the disagreement stems from differences in public perceptions about the underlying causes of the inequality. But, another form of disagreement relates to the opposition to the remedy of choice during much of the 1970s and 1980s: Affirmative Action. Race conscious remedies -- like affirmative action policies in hiring, college admissions, and business contracting -- suffer from legal and constitutional challenges, compounded by hostility from the majority of Americans. The alternative – race-neutral remedies – attempt to address racial disparities without directly targeting benefits exclusively to racial minority group members. In doing so, race-neutral remedies putatively help minorities without hurting majority group members. The authors of Race Neutrality: Rationalizing Remedies to Racial Inequality make the case that policy analysts should shift from a focus on whether a remedy is race-conscious or not to a focus on the underlying problem that the alternative remedies is attempting to resolve. This type of rethinking of the problem of racial inequality will reveal that sometimes race-neutral remedies hold great promise in reducing disparities. Often, however, race-neutral remedies fail to do what they are intended to do. The authors challenge the reader to think about why race-neutral remedies—while desireable on their face—might fail to resolve protracted and persistent patterns of racial inequality in market and non-market contexts.