SYMPOSIUM: UNCONSCIOUS DISCRIMINATION TWENTY YEARS LATER: APPLICATION AND EVOLUTION: APPLYING UNCONSCIOUS DISCRIMINATION: Article: The Id, the Ego, and Equal Protection in the 21st Century: Building upon Charles Lawrence's Vision to Mount a Contemporary Challenge to the Intent Doctrine Skip over navigation
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Copyright (c) 2008 Connecticut Law Review
Connecticut Law Review

SYMPOSIUM: UNCONSCIOUS DISCRIMINATION TWENTY YEARS LATER: APPLICATION AND EVOLUTION: APPLYING UNCONSCIOUS DISCRIMINATION: Article: The Id, the Ego, and Equal Protection in the 21st Century: Building upon Charles Lawrence's Vision to Mount a Contemporary Challenge to the Intent Doctrine

May, 2008

Connecticut Law Review

40 Conn. L. Rev. 1175

Author

Eva Paterson & Kimberly Thomas Rapp & Sara Jackson*

Excerpt



I. Introduction

On September 20, 2007 thousands of marchers took to the streets to protest the severe criminal charges filed against six black high school students in Jena, Louisiana. 1 Known popularly as the "Jena 6," these students were accused of beating a white classmate after he and others had hung nooses on a tree in order to prevent a black student from sitting under it. In response to this series of events, the black students, all under eighteen years old, were charged as adults with attempted murder and conspiracy-charges that could result in decades in prison. 2 The white students were briefly suspended but not charged with any crime. 3 Although charges against the black students were later reduced, due in large part to public outcry, the underlying message was clear: equal justice in America is still a dream, not a reality.



While the Jena 6 incident was a disturbing and highly visible reminder of the continued prevalence of racism in America, the equally troubling reality is that far less visible forms of racism and discrimination occur everyday and go largely unchallenged. For instance, recent studies show that employers and landlords are more likely to respond positively to applicants with "white" sounding names; 4 white Americans continue to receive superior health and medical services; 5 blacks and Latinos are more likely to receive sub-prime mortgages; 6 and schools populated with black and Latino students get fewer resources than those comprised predominantly of white students. 7 Further, hate crimes against ...
 
 
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