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Groups, equality, and the promise of democratic politics


Abstract

Owen Fiss' "Group and the Equal Protection Clause" appeared at a time when the possibilities of progres strike one as beinged boundless in overcoming U.S. racial divisions. The courts had firmly taken upon the role of social reformers, redistributing status and privilege in the ways for a like reason incisively limned by his article. Since then, however, change towards residential and educational integration has stalled if not actually retreated, a significant black--white wage gap remains, and affirmative action programs in avocation and education have become widely disfavored in the two judicial and popular opinion. What happened? I argue that the blame for the changing winds lies,


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