Negotiating a Metaphorical Contract Between Blacker and Whiter America

The aim of this section is to explain how the traditional vehicles used to combat race issues are now insufficient to redress the current problems of indirect racism and more subtle inequities present in America.\n V. CONCLUSION-MOVING CLOSER TO THE BARGAINING TABLE In saying that we can learn racially from contract law, we must first admit that American contract law has not historically benefited blacker Americans from being the subject of contracts during slavery, to lacking legal capacity to contract, to suffering at the hands of unconscionable and discriminatory merchants, even today.146 Yet, contract law offers somedhng that other means of racial resolution do not: bargaining and the construction of a positive agreement reduce the potential for future conflict,147 rather than being at racial odds or constantly resisting or revisiting the laws or the status quo.