Very pleased to announce that my article “The New Public Accommodations,” coauthored with Aaron Belzer, will be published in the Georgetown Law Journal in 2017. The piece discusses race discrimination in the sharing economy; all feedback is warmly welcome.
Camille Gear Rich (USC) has a fascinating, nuanced recent article in the Georgetown Law Journal called “Elective Race: Recognizing Race Discrimination in the Era of Racial Self-Identification.” The project acknowledges a distinction that both courts, commentators, and the public at large too frequently ignore: the distinction between individual racial identification (how a person identifies herself) and social racial identification (how others identify that person). More importantly, it considers the practical significance of that Here is an excerpt from the abstract:
My primary goal is to help courts and scholars understand the basic tenets and tensions that are likely to be present in plaintiffs’ elective-race claims. Although some scholars have trivialized racial self-identification interests or represented them as a threat to antidiscrimination law, my project is to show that racial self-identification decisions matter in concrete ways because they can trigger serious race-based social sanctions that are a core antidiscrimination law concern. Indeed, as we will see, voluntary racial-affiliation decisions can and do trigger race-based resentment, rejection, and social sanction when race-based resentment, rejection, and social sanction when they do not match certain expected or established American understandings about the boundaries of racial categories.
Rich identifies several categories people for whom individual racial identification — “elective race” — can actually provoke animus and race discrimination: multiracial people, people with racially ambiguous features, people who reject the concept of race altogether. The individual racial identity that each of these categories of people adopt can prompt various kinds of resentment and discrimination as the result of a range of attitudes. Continue reading