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- Title
From the Myth of Formal Equality to the Politics of Social Justice: Race and the Legal Attack on Native Entitlements Daum & Ishiwata From the Myth of Formal Equality to the Politics of Social Justice.
- Authors
Daum, Courtenay W.; Ishiwata, Eric
- Abstract
This article examines how the conservative legal movement's successful countermobilization of the politics of rights enables U.S. Supreme Court outcomes that exacerbate racial and ethnic inequities while solidifying the privileged position of others in the name of equality. A comparison of two pivotal Supreme Court cases involving native entitlements- and -illustrates how appeals to formal, as opposed to substantive, equality work in effect to support existing hierarchies. At the same time, the conservative legal movement's success provides progressive social actors with opportunities to reframe the discourse. We suggest that a critical questioning of strategies predicated on appeals for equal rights may be necessary to advance the interests of native populations in the current environment, and we identify an alternative way of working for native interests, one that escapes the constraints of equality doctrine by appealing to broader claims of social justice.
- Subjects
UNITED States; SOCIAL justice; EQUALITY; UNITED States. Supreme Court; RACE discrimination laws; RICE v. Cayetano (Supreme Court case); MORTON v. Mancari (Supreme Court case); EQUAL rights; CIVIL rights movements; MINORITIES
- Publication
Law & Society Review, 2010, Vol 44, Issue 3/4, p843
- ISSN
0023-9216
- Publication type
Article
- DOI
10.1111/j.1540-5893.2010.00424.x