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“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
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 Civil Rights Cases (1883)
   State action doctrine

 Plessy v. Ferguson (1896)
   Separate but equal
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
Remaining Equity Tools

 Affirmative action programs increasingly in doubt
 State action requirement is an obstacle
 Structural remedies very difficult
…
Examining one wire is not enough




One wire cannot explain why a bird cannot fly. But multiple wires,
arranged in specific ways, reinforce each other and trap the bird.
We must look at systems, structures, and
          structural racialization


                  School
                                   Lower
               Segregation &
                                 Educational
               Concentrated
                                  Outcomes
                  Poverty




                                  Increased
               Neighborhood          Flight
                Segregation       of Affluent
                                   Families



We see that the answer to “why aren’t we moving forward” is
              more structural than we realize.
The Need for Systems Thinking


An 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
For more information please visit us online at
          www.kirwaninstitute.org

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The Unfinished Work

  • 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. Judges have tried to narrowly define Civil Rights…. But everything is connected.
  • 3. Radical Origins of Reconstruction Amendments
  • 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. 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. Remaining Equity Tools  Affirmative action programs increasingly in doubt  State action requirement is an obstacle  Structural remedies very difficult …
  • 7. Examining one wire is not enough One wire cannot explain why a bird cannot fly. But multiple wires, arranged in specific ways, reinforce each other and trap the bird.
  • 8. We must look at systems, structures, and structural racialization School Lower Segregation & Educational Concentrated Outcomes Poverty Increased Neighborhood Flight Segregation of Affluent Families We see that the answer to “why aren’t we moving forward” is more structural than we realize.
  • 9. The Need for Systems Thinking An 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. For more information please visit us online at www.kirwaninstitute.org