Civil Rights Microviolations

Cooley Yonesawa, Alissa & Kagan, Michael

Journal: University of Cincinnati Law Review

Volume: 94

First Page: 620

Year: 2026

Bluebook Citation: 94 U. CIN. L. REV. 620 (2026)

Author: Michael Kagan: all 21 publications


Abstract

This essay is an attempt to name and define a certain kind of civil rights problem. Namely: Rights violations that are small enough that the rational thing for the victim to do might be to just cope with them, but when allowed to fester and repeat, do significant damage. We call these problems microviolations. To define them, we borrow from the idea of a microaggression, a concept that developed to understand an analogous challenge in workplace and school discrimination.

We offer a diagnosis of why microviolations are both problematic and difficult to address, and arguments that they should be a higher priority in civil rights work.

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