Tag: Columbia Law Review

  • In this Essay, we examine the ways in which DNA ancestry tests may affect contemporary understandings of racial identity. We argue that these tests are poor proxies for race because they fail to reflect the social, cultural, relational, and experiential norms that shape identity. We consider three separate legal contexts in which these issues arise:…

  • This Essay aims to engage readers in a thought experiment, to envision what equal protection doctrine might look like if it were structured to reflect the values identity is intended to serve without explicitly invoking identity categories as a way to delineate permissible and impermissible forms of discrimination.

  • Mixing Bodies and Beliefs: The Predicament of Tribes Columbia Law Review Volume 101, Number 4 (May 2001) L. Scott Gould This Article considers a dilemma faced by tribes in a post-inherent sovereignty world. Tribes have increasingly come to be defined through the use of blood quanta as racial entities. This practice raises the legal question…