Sundquist on Race-Neutrality and White Vigilantism

Christian Sundquist (University of Pittsburgh - School of Law) has posted White Vigilantism and the Racism of Race-Neutrality (Denver Law Review, Vol. 99, No. 763, 2022) on SSRN. Here is the abstract:

 

Race-neutrality has long been touted in American law as central to promoting racial equality while guarding against race-based discrimination. And yet the legal doctrine of race-neutrality has perversely operated to shield claims of racial discrimination from judicial review while protecting discriminators from liability and punishment. This Article critiques the doctrine of race-neutrality by examining the law’s response to white vigilantism in the much-publicized criminal trials of Kyle Rittenhouse and that of Ahmaud Arbery’s assailants.