Considering Tortious Racism

Camille Nelson

Suffolk University Law School


DePaul Journal of Health Care Law, Vol. 9, p. 905, 2005
Suffolk University Law School Research Paper

This article focuses on the disparate treatment of African Americans in the area of mental health, and how tort law may be utilized in order to achieve racial recompense. Justice Ginsberg in her dissent in Grutter v. Bollinger acknowledged the ongoing consequences of both conscious and unconscious racism, in terms of its social and economic impact in the United States. The social disparity that exists for African Americans in terms of education and residence also contributes to the disparate treatment of African Americans’ physical and mental health.

The intentional tort law doctrines of assault, battery, and infliction of nervous shock are considered together with the negligence law proximate cause doctrines of the Thin-Skull plaintiff and Eggshell personality as capable of providing legal remedies for mental and physical harms caused by racial abuse. This article explores these theories through the prism of racial contextualization, how these tort law doctrines allow for the consideration and effects of cumulative racism, and how the law might provide recompense to those abused by systemic and individualized racism.

Number of Pages in PDF File: 66

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Date posted: March 20, 2011  

Suggested Citation

Nelson, Camille, Considering Tortious Racism (2005). DePaul Journal of Health Care Law, Vol. 9, p. 905, 2005; Suffolk University Law School Research Paper . Available at SSRN: http://ssrn.com/abstract=1789771

Contact Information

Camille Nelson (Contact Author)
Suffolk University Law School ( email )
120 Tremont Street
Boston, MA 02108-4977
United States
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