“The Unfinished Work”Advancing New Strategies in the Struggle           for Civil Rights                  UNC Center for C...
Judges have tried to narrowly define Civil                Rights….         But everything is connected.
Radical Origins of Reconstruction Amendments
Retrenchment, Step 1: The Trilogy The Slaughter-House Cases (1873)   Nullifies the Privileges or Immunities Clause The ...
Retrenchment, Step 2: Modern Precedent Brown v. Board of Education   Ambiguous whether anti-subordination or anti-classi...
Remaining Equity Tools Affirmative action programs increasingly in doubt State action requirement is an obstacle Struct...
Examining one wire is not enoughOne wire cannot explain why a bird cannot fly. But multiple wires,arranged in specific way...
We must look at systems, structures, and          structural racialization                  School                        ...
The Need for Systems ThinkingAn analysis of any one area will yield an incomplete                                         ...
For more information please visit us online at          www.kirwaninstitute.org
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The Unfinished Work

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The Unfinished Work

  1. 1. “The Unfinished Work”Advancing New Strategies in the Struggle for Civil Rights UNC Center for Civil Rights November 1-2, 2010 john a. powell Director, Kirwan Institute for the Study of Race and Ethnicity
  2. 2. Judges have tried to narrowly define Civil Rights…. But everything is connected.
  3. 3. Radical Origins of Reconstruction Amendments
  4. 4. Retrenchment, Step 1: The Trilogy The Slaughter-House Cases (1873)  Nullifies the Privileges or Immunities Clause The Civil Rights Cases (1883)  State action doctrine Plessy v. Ferguson (1896)  Separate but equal
  5. 5. Retrenchment, Step 2: Modern Precedent Brown v. Board of Education  Ambiguous whether anti-subordination or anti-classification logic applies Adarand Constructors v. Pena  All govt. racial classifications must pass strict scrutiny Grutter and Gratz  Racial considerations okay to promote diversity in higher ed, but must be part of holistic process Parents Involved  Plurality, save J. Kennedy, says 14th Amendment means anti- classification/colorblindness approach
  6. 6. Remaining Equity Tools Affirmative action programs increasingly in doubt State action requirement is an obstacle Structural remedies very difficult…
  7. 7. Examining one wire is not enoughOne wire cannot explain why a bird cannot fly. But multiple wires,arranged in specific ways, reinforce each other and trap the bird.
  8. 8. We must look at systems, structures, and structural racialization School Lower Segregation & Educational Concentrated Outcomes Poverty Increased Neighborhood Flight Segregation of Affluent FamiliesWe see that the answer to “why aren’t we moving forward” is more structural than we realize.
  9. 9. The Need for Systems ThinkingAn analysis of any one area will yield an incomplete Health understanding. Childcare Employment Housing We must consider how institutions interact with Effective Education one another to produce Participation racialized outcomes. Transportation
  10. 10. For more information please visit us online at www.kirwaninstitute.org

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