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A Race by Any Other Name: The Interplay between Ethnicity, National Origin and Race for Purposes of Section 1981

Abstract

Using sociological and anthropological studies, the original debates in Congress, and treatment of the question in prior judicial decisions, Professor Kaufman examines the issue of whether ethnic or national origin discrimination constitute racial discrimination within the meaning of Section 1981 of the civil rights statutes. Professor Kaufman concludes that an expansive definition of the word race best meets the original intention of the statute and the needs of contemporary society. Adopting such a definition would assist the resolution of conflicting cases, including two cases presently before the United States Supreme Court.

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28 Ariz. L. Rev. 259 (1986)

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