 Connected to this has been the ongoing problem of the conceptualization of “merit.” If normal hiring or publications decisions are viewed as generic, without considerations of the social identity of the candidate, then preferential hiring is a deviation from the norm and must meet a high bar to establish even temporary legitimacy. But both CLS and CRT have endeavored to show that merit-based decisions often promulgate implicit racism. Judging which are the top articles by the number of their citations may look to be a neutral standard, but it in fact perpetuates injustice while concealing that injustice.