Equal Protection: The Jurisprudence of Denial and Evasion
American University Law Review
This Article begins with a discussion of Supreme Court equal protection jurisprudence that regularly has denied, evaded, and accommodated racism and racial discrimination. It next demonstrates how the analytical methodology of avoidance persists as a central feature of modern review. Finally, the Article proposes a jurisprudential course of action that confronts racial realities and effectively accounts for minority interests consistent with societal traditions and expectations.
Donald E. Lively & Stephen Plass, Equal Protection: The Jurisprudence of Denial and Evasion, 40 AM. U. L. REV. 1307 (1991).