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1 - The Intransigence of Racial Injustice in American Land Use 100+ Years After Buchanan v. Warley

Published online by Cambridge University Press:  19 September 2025

Craig Anthony (Tony) Arnold
Affiliation:
University of Louisville
Cedric Merlin Powell
Affiliation:
Howard University, Washington DC
Catherine Fosl
Affiliation:
University of Louisville
Laura Rothstein
Affiliation:
University of Louisville Brandeis School of Law
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Summary

Chapter 1 introduces the book’s key themes by describing the Buchanan v. Warley case in its historical social-movement context in Louisville and nationally, the legal theory behind the Supreme Court’s invalidation of racial zoning, and the 100+ years in which many subsequent land use policies and practices have segregated American landscapes and perpetuated racial injustice. The chapter provides a multi-dimensional snapshot of racially unjust land-use conditions in the U.S. more than 100 years after the nation’s missed opportunity to embrace an anti-subordination vision of land use. Based on distributive, procedural, and social justice concepts and the insights of the nine core chapters in the book, three major themes are identified: (1) racial inequity is deeply and systemically embedded in American land use in multi-faceted ways; (2) cross-disciplinary scholarly study is essential to understanding race and land use; and (3) American land use is characterized both by the intransigence of systemic racism and by social, legal, and policy changes that advance racial justice.

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