University of Michigan Law School
Civil Rights Litigation Clearinghouse
Title "Racial Classification and Ascriptive Injury"
Date 2014
Author Paul Gowder
Author Institution University of Iowa
Author Role Faculty
External Link https://heinonline.org/HOL/Page?public=true&handle=hein.journals/walq92&div=15&start_page=...
Abstract This Article describes a new model of the relationship between racial
ascriptions on an individual level, private racial bias, social disadvantage,
and state action, called the cognitive hierarchical model. It argues that
racial hierarchy in the wider culture affects our individual cognitions, and
vice versa. Status evaluations turn out to be built deep into our racial
perceptions. Because the state exercises a continuing influence on our
culture and the cognitions it generates, this Article defends new grounds
for constitutional challenge to state complicity in racial hierarchy. To be
ascribed a stigmatized racial identity is to be subject to continuing harm,
which this Article calls ascriptive injury. The state, by participating in the
continual creation and reinscription of stigmatized racial identities,
contributes to such ascriptive injuries, which for that reason must be
subject to a constitutional remedy.
Source Wash. U. L. Rev.
Citation 92 Wash. U. L. Rev. 325-396


This Resource Relates To
case City of Los Angeles v. JPMorgan Chase (FH-CA-0015)

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