Backfiring in Race Relations and Markets
Christina S. Ho
Rutgers School of Law - Newark
Stanford Law and Policy Review, Vol. 13, p. 324, 2002
This paper examines backfiring arguments in race relations discourse in light of similar arguments regarding market interventions. As collective action problems drive backfiring phenomena in markets, this article argues explores the proposition that collective action problems similarly drive racial stratification, and tests the explanatory value of this hypothesis against affirmative action controversies. The implications drawn out by this article include the affinities between certain game theoretic constructs and notions of the dialectic, as well as the misguided limitations on remedial scope and over-reliance on intent in current anti-discrimination doctrine.
Number of Pages in PDF File: 24Accepted Paper Series
Date posted: January 4, 2011
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