Problem
A. Yoshino states "A liberty-based approach to civil rights, of course, brings its own complications, beginning with the question of where my liberty ends and yours begins. But the ability of liberty analysis to illuminate our common humanity should not be underestimated." (Yoshino 9)
a. What is a liberty-based approach to civil rights?
b. Why may it be more valuable than our current approach to civil rights?
c. How does Yoshino support the idea that we should utilize it?
d. Provide evidence for support.
B. Yoshino discusses the idea of assimilation when he writes "The flaw in the judiciary's analysis is that it casts assimilation as an unadulterated good. Assimilation is implicitly characterized as the way in which groups can evade discrimination by fading into the mainstream -- after all, the logic goes, if a bigot cannot discriminate between two individuals, he cannot discriminate against one of them."(Yoshino 5,6) .
a. Why does Yoshino call this ideology flawed?
b. How might the idea of America as the "melting pot" be an issue?
c. Provide evidence to support.
C. Yoshino states that "civil rights must rise into a new inclusive register"(Yoshino 7).
a. Who is being underserved by the civil rights movement currently according to Yoshino? Provide evidence to support your answer.
b. Do you agree or disagree with Yoshino on this point? Why or why not?