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40 Ariz. L. Rev. 1219 (1998)
Challenging the Racism in Environmental Racism: Redefining the Concept of Intent

handle is hein.journals/arz40 and id is 1239 raw text is: CHALLENGING TLE RACISM IN
ENVIRONMENTAL RACISM: REDEFINING THE
CONCEPT OF INTENT
Jill E. Evans*
I. INTRODUCTION
Survival per se; Survival naked and abstract; Survival without any
qualitative or quantitative standard of what survives or why is truly
one of the strangest intellectual stopping points that one man has
ever proposed to another.
-Virginia Woolf
Some sixty years ago, W.E.B. Du Bois stated that race is the dominant
theme of the twentieth century.! Recent congressional debate on whether the
United States government should apologize2 for government-sanctioned, race-
based slavery emphasizes that the passage of sixty years has not erased this central
theme of American life. Given the twists and turns of American jurisprudence in
confronting the issue of race within law and society, one is left to contemplate
whether such erasure is attainable.3 In every attempt at reconciling societal norms
*     Associate Professor of Law, Samford University Cumberland School of Law.
1.    W.E.B. Du Bois, THm SOULS OF BLACK FOLK 13 (Donald B. Gibson ed.,
1989).
2.    U.S. Representative Tony Hall, D-Ohio, proposed in June, 1996 that
African-Americans should receive an apology for 244 years of slavery, igniting a debate in
Congress and generating divided reaction, much of it negative, among the public. Although
President Clinton initially expressed some interest in the idea, he subsequently backed
away, saying instead that he would discuss the matter with his race advisory board. See
generally Jonathan Alter, The Long Shadow of Slavery, NEWSWEEK, Dec. 8, 1997, at 58;
Michael A. Fletcher, Few Legislators Backing Congressional Apology for Slavery,
HOUSTON CHRON., Aug. 10, 1997, at 21; Scott Montgomery, Apology Idea Stirs Writers,
DAYTON DAILY NEws, Aug. 17, 1997, at IA; William Neikirk, Clinton's Racial Plan is
Talk But No Apology, CHICAGO TRa., Oct. 1, 1997, at A8; Reaction to Proposed Slavery
Apology Provides a Window on U.S. Racial Divide, STAR-Thm., Aug. 24, 1997, at 16A;
Sonya Ross, President Clinton Won't Apologize for Slavery Yet, DETRorr NEWS, Aug. 6,
1997, at A5.
3.    See Shaw v. Reno, 509 U.S. 630 (1993) (race-conscious gerrymandering of

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