1. Dred Scott v. Sandford, 60 U.S. (19 How.) 393, 408 (1857).
2. 163 U.S. at 558 (Harlan, J., dissenting). See Fullilove v. Klutznick, 448 U.S. 448, 522–23 (1980) (Stewart, J., dissenting).
3. 163 U.S. at 558 (Harlan, J., dissenting).
4. Gene Roberts and Hank Klibanoff, The Race Beat: The Press, the Civil Rights Struggle, and the Awakening of a Nation(New York: Vintage Books, 2006), 5.
6. Arnold Rampersad, Ralph Ellison: A Biography (New York: Knopf, 2007), 184 (Wright reporting on Ralph Ellison's fear).
7. In addition to Brown v. Board of Education, 347 U.S. 483 (1954), which overturned state school segregation statutes, Congress passed several important pieces of civil rights legislation that ended Jim Crow in numerous venues, mainly, the Civil Rights Act of 1964 (42 U.S.C. §§ 2000e to 2000e-15), the Voting Rights Act of 1965 (42 U.S.C. §§ 1971 to 1973aa-6), the Fair Housing Act of 1968 (42 U.S.C. §§ 3601–19), and the Equal Opportunity Act of 1972 (42 U.S.C. §§ 2000e to 2000e-17).
8. See the appendix for a more detailed discussion of these and other racial disparities.
9. National Urban League, “National Urban League's State of Black America 2006,” press release, Wednesday, March 29, 2006.
10. “For Financing Higher Education, the Racial Wealth Gap Remains Huge,” Journal of Blacks in Higher Education, Weekly Bulletin, March 1, 2007. See generally Melvin L. Oliver and Thomas Shapiro, Black Wealth, White Wealth: A New Perspective on Racial Inequality, 2nd ed. (New York: Routledge, 2006).
11. Orlando Patterson, “A Poverty of the Mind,” New York Times, March 26, 2006, sec. 4, p. 13. Patterson argues that some civil rights theorists are reluctant to recognize cultural explanations because they fear that to do so would blame the victim (which Patterson says is “bogus” because the external factors remain viable explanations); because they assume internal explanations are “wholly deterministic, leaving no room for human agency” (which Patterson says is “nonesense” because “while it [culture] partly determines behavior, it also enables people to change behavior”); and because they often assume that “cultural patterns cannot change” (which Patterson calls “nonsense” because internal patterns are often easier to change than external conditions, taking as an example southern whites' ability to change their racists views toward blacks while at the same time economic inequality “has hardened in the South, like the rest of America”). Ibid.
12. For a discussion of DuBois's intellectual journey, see Roy L. Brooks, Integration or Separation? A Strategy for Racial Equality (Cambridge, Mass.: Harvard University Press, 1996), 125–31. For a discussion of Glenn Loury's conversion from traditionalist to re-