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Through an examination of 81 federal court decisions made between 1990 and 2002 involving customers’ allegations of race and/or ethnic discrimination, the authors uncover three emergent dimensions of discrimination: (1) the type of alleged discrimination (subtle or overt), (2) the level of service (degradation or denial), and (3) the existence of criminal suspicion in the alleged discriminatory conduct (present or absent). Using a framework that enables the categorization and aggregation of cases with common themes, the authors demonstrate that real and perceived consumer discrimination remains a problem in the U.S. marketplace, and they conclude that further research is necessary for marketers to address the issue effectively.

Race is integral to the functioning and ideological underpinnings of marketplace actions yet remains undertheorized in marketing. To understand and transform the insidious ways in which race operates, the authors examine its impact in marketplaces and how these effects are shaped by intersecting forms of systemic oppression. They introduce critical race theory (CRT) to the marketing community as a useful framework for understanding consumers, consumption, and contemporary marketplaces. They outline critical theory traditions as utilized in marketing and specify the particular role of CRT as a lens through which scholars can understand marketplace dynamics. The authors delineate key CRT tenets and how they may shape the way scholars conduct research, teach, and influence practice in the marketing discipline. To clearly highlight CRT’s overall potential as a robust analytical tool in marketplace studies, the authors elaborate on the application of artificial intelligence to consumption markets. This analysis demonstrates how CRT can support an enhanced understanding of the role of race in markets and lead to a more equitable version of the marketplace than what currently exists. Beyond mere procedural modifications, applying CRT to marketplace studies mandates a paradigm shift in how marketplace equity is understood and practiced.

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The social justice paradigm, developed in philosophy by John Rawls and others, reaches limits when confronted with diverse populations, unsound governments, and global markets. Its parameters are further limited by a traditional utilitarian approach to both industrial actors and consumer behaviors. Finally, by focusing too exclusively on poverty, as manifested in insufficient incomes or resources, the paradigm overlooks the oppressive role that gender, race, and religious prejudice play in keeping the poor subordinated. The authors suggest three ways in which marketing researchers could bring their unique expertise to the question of social justice in a global economy: by (1) reinventing the theoretical foundation laid down by thinkers such as Rawls, (2) documenting and evaluating emergent "feasible fixes" to achieve justice (e.g., the global resource dividend, cause-related marketing, Fair Trade, philanthrocapitalism), and (3) exploring the parameters of the consumption basket that would be minimally required to achieve human capabilities.