Equality trouble: Sameness and difference in twentieth-century race law

In this Essay, Professor Harris suggests that "race law" consists not only of antidiscrimination law, but law pertaining to the formation, recognition, and maintenance of racial groups, as well as the law regulating the relationships among these groups. Harris argues that a constant tension in the story of race law in the past century has been the effort to reconcile constitutional and statutory norms of equality with the desire for white dominance. rn the first part of the century, if was assumed that the fact of racial difference required management through sound public policy; in the second part of the century, race gradually became understood as an arbitrary distinction that the law should ignore. Neither treating race as difference nor as sameness, however, has succeeded in accomplishing racial justice.