Cover

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Title Page

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Copyright Page

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Contents

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p. xi

Acknowledgments

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pp. xiii-xiv

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1. Introduction

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pp. 1-18

THE MOST STRIKING characteristic of whites' consciousness of whiteness is that most of the time we don't have any. I call this the transparency phenomenon: the tendency of whites not to think about whiteness...

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2. An Overview of Race and Racism

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pp. 19-38

THOUGH THE TRANSPARENCY phenomenon itself should be easily recognizable to whites in this society, the proposition that it is a form of racism may not be equally uncontroversial. This chapter provides a framework...

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3. The Constitutional Requirement of Discriminatory Intent

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pp. 39-65

THE EQUAL PROTECTION Clause of the U.S. Constitution proscribes race discrimination, and accordingly is the provision to which one should look for legal redress when government engages in transparently...

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4. Constitutional Qualms

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pp. 66-82

I BELIEVE THE PROPOSAL set forth in chapter 3 is adoptable, in the sense that it is consistent with Equal Protection principles and with what we know about transparently white decisionmaking, the problem...

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5. Disparate Impact under Title VII

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pp. 83-116

TITLE VII OF the Civil Rights Act of 1964 governs discrimination in employment, and currently includes a doctrine that predicates liability upon proof of disparate impact alone, without requiring the plaintiff...

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6. Statutory Interpretation

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pp. 117-128

BECAUSE THE PROPOSALS discussed in chapter 5 implicate interpretation of a statute—Title VII—they raise issues somewhat different from those addressed in chapter 4 concerning constitutional...

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7. Notes on Doctrinal Reform

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pp. 129-148

THE PROPOSED TRANSPARENCY-CONSCIOUS modifications of Equal Protection and Title VII doctrines give rise to several jurisprudential considerations. First, they embody a more constructive discourse...

Notes

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pp. 149-182

Index

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pp. 183-188

About the Author

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p. 189