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SSRN Electronic Journal
Article . 2003 . Peer-reviewed
Data sources: Crossref
Issues in Legal Scholarship
Article . 2003 . Peer-reviewed
Data sources: Crossref
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'Groups' and the Advent of Critical Race Scholarship

Authors: Abrams, Kathryn;

'Groups' and the Advent of Critical Race Scholarship

Abstract

This essay reconsiders Owen Fiss's "Groups and the Equal Protection Clause," sometimes described as having instigated critical scholarship in the area of race. It argues that, from a contemporary vantagepoint, the article appears ambivalent in its critical thrust. Fiss's approach forsakes the jurisprudential comforts of neutrality, individualism and means/ends analysis for an explicit focus on the material and dignitary circumstances of African-Americans. Yet its account of racial disadvantage is surprisingly de-contextualized: it reflects neither the contemporaneous perspectives of its African-American subjects, nor more than a fleeting sense of the agonistic, political dynamics that produced it. This reified rendering yields an account of Black disadvantage that is decoupled from a corresponding account of white supremacy. The essay reflects on the sources of Fiss's critical ambivalence, and considers its implications for the Court's increasingly firm embrace of a single mediating principle.

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selected citations
These citations are derived from selected sources.
This is an alternative to the "Influence" indicator, which also reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Citations provided by BIP!
popularity
This indicator reflects the "current" impact/attention (the "hype") of an article in the research community at large, based on the underlying citation network.
BIP!Popularity provided by BIP!
influence
This indicator reflects the overall/total impact of an article in the research community at large, based on the underlying citation network (diachronically).
BIP!Influence provided by BIP!
impulse
This indicator reflects the initial momentum of an article directly after its publication, based on the underlying citation network.
BIP!Impulse provided by BIP!
0
Average
Average
Average
Green
bronze