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The Science and Law of School Segregation and Diversity$
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Roger J.R. Levesque

Print publication date: 2017

Print ISBN-13: 9780190633639

Published to Oxford Scholarship Online: October 2017

DOI: 10.1093/oso/9780190633639.001.0001

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Determining the Legitimacy of Laws That Use Racial/Ethnic Classifications

Determining the Legitimacy of Laws That Use Racial/Ethnic Classifications

Chapter:
(p.15) 2 Determining the Legitimacy of Laws That Use Racial/Ethnic Classifications
Source:
The Science and Law of School Segregation and Diversity
Author(s):

Roger J.R. Levesque

Publisher:
Oxford University Press
DOI:10.1093/oso/9780190633639.003.0002

Under the US Constitution, the government must ensure that individuals receive the equal protection of laws. This mandate, however, becomes challenging in that equal protection may be different depending on the involved individuals and circumstances. This chapter examines the general parameters of how the legal system addresses claims alleging violations of rights, such as those involving differential treatment based on race. The analysis demonstrates when discrimination exists in law and, equally important, discusses what is needed to envision ways to reach societal interests relating to equal opportunities and equal treatment. The chapter concludes by noting how these legal developments influence the potential relevance and utility of empirical evidence.

Keywords:   equal protection, fundamental rights, discrimination, equal treatment, racial/ethnic classifications

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