Inferences of loyalty from ethnic background

Mark Tushnet tushnet at LAW.GEORGETOWN.EDU
Fri Sep 14 12:14:04 PDT 2001

The Second Circuit's "breathing while black" case, Brown v. City of
Oneonta, 221 F.3d 329, rehearing denied, 235 F. 3d 769, raises questions
about the permissible uses of race in imposing costs on all members of a
racial[/gender] group because one as-yet-unidentified member of that
group committed a crime.
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