David B. Oppenheimer,
Color-Blindness, Racism-Blindness, and Racism-Awareness: Revisiting Judge Henderson's Proposition 209 Decision, 13
Berkeley J. Afr.-Am. L. & Pol'y
Available at: http://scholarship.law.berkeley.edu/facpubs/121
An essay is presented on the approach of Honorable Thelton E. Henderson of the U.S. District Court to the class action device Proposition 209. It highlights the significance of Henderson's view of the class action as a mechanism to impose substantive rights as well as discusses the issue of color-blindedness, racism-blindness, and racism-awareness. The author notes that Henderson's decision illustrated how Proposition 209 developed a special barrier for minorities and women.