Abstract

This article is used to assert that tort is not necessarily the least problematic space for people of color to right racist wrongs. While race and tort scholars have problematized tort by looking at tort outcomes, tort concepts, tort concepts, and cognition-motivation, tort scholars have not considered how tort (as) structure constructs race in ways that are static and ultimately reiterate the constructs of modern racism. As presented in this article, more fluid racial constructs in regulatory state practice like tort enable such a practice to change with a postindustrial United States where identities and supremacist forms like racism and sexism are in flux.