The limits of affirmative action in Brazil

Posted in Brazil, Campus Life, Caribbean/Latin America, Law, Media Archive, Politics/Public Policy, Videos on 2017-08-07 20:13Z by Steven

The limits of affirmative action in Brazil

Focus
France 24
2017-07-26

Brazil has the highest proportion of so-called “mixed race” people in the world. Yet only 13% of people aged 18 to 24 in that category are enrolled at university. Back in 2012, the government decided to introduce quotas for universities. But recently, the system appears to have stalled. Black student groups have denounced students they say are “too white” to benefit from this affirmative action policy, while universities have set up committees to examine skin color and ethnic background.

A programme prepared by Patrick Lovett and Aline Schmidt.

Watch the entire program here.

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Death of ‘a devil’: The white supremacist got hit by a car. His victims celebrated.

Posted in Articles, History, Law, Media Archive, Native Americans/First Nation, United States, Virginia on 2017-08-03 18:23Z by Steven

Death of ‘a devil’: The white supremacist got hit by a car. His victims celebrated.

The Washington Post
2017-08-02

John Woodrow Cox, Reporter


Walter A. Plecker, an avowed white supremacist who ran Virginia’s Bureau of Vital Statistics for 34 years, in Richmond. (Richmond Times-Dispatch)

He built his career on the systematic oppression of blacks and Native Americans, becoming one of the country’s most influential white supremacists. For more than three decades, from 1912 until 1946, Walter Ashby Plecker used his position as head of Virginia’s Bureau of Vital Statistics to champion policies designed to protect what he considered a master white race.

He was the father of the state’s Racial Integrity Act of 1924, which designated every person in the state as either white or “colored” and criminalized interracial marriage. Plecker insisted that any person with a single drop of “Negro” blood couldn’t be classified as white, and he refused to even acknowledge that Native Americans existed in the commonwealth, effectively erasing their legal identities.

Then, on Aug. 2, 1947 — one year after his retirement — Plecker stepped into a road in the Confederacy’s former capital and was hit by a car. Blacks and Indians had good reason to celebrate…


A column on the death of Walter Plecker that appeared in the Richmond Afro-American on Aug. 23, 1947.

Read the entire article here.

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One Woman’s Fight to Claim Her ‘Blackness’ in Brazil

Posted in Articles, Brazil, Caribbean/Latin America, Law, Media Archive on 2017-07-25 02:12Z by Steven

One Woman’s Fight to Claim Her ‘Blackness’ in Brazil

Foreign Policy
2017-07-24

Cleuci de Oliveira
Brasília, Brazil


Illustration by Sofía Bonati

The experience of a young lawyer raises difficult questions about race, belonging, and the bureaucracy of affirmative action in a country lauded for its egalitarian history.

When Maíra Mutti Araújo speaks, she draws out her vowels and pronounces them with a distinctively sharp tone. Her accent is immediately recognizable to Brazilians as typical of Salvador, a coastal city in the country’s northeast that is as famous for its beaches as its rich African heritage. Araújo grew up in Salvador, just like her mom. Her dad, who grew up in a rural town eight hours away, has lived there since college. She has her mom’s features — a broad nose, full lips — and her dad’s nut-brown complexion.

Araújo comes from a bookish family. Her parents met when they were both chemistry majors at a local university — they now work as middle school chemistry teachers. She got her law degree at the Federal University of Bahia, one of the country’s most prestigious. During her time in law school, Araújo began to consider a career in the civil service. She interned at the Federal Attorney General’s Office in Salvador while still a student and took a job as an analyst at the government accountability office in Manaus, in the state of Amazonas, after graduation. Her goal was to eventually become a prosecutor. “I love arguing cases,” Araújo says, “that whole process of taking a case and finding a solution for it.” As a prosecutor, she says, “you’re responsible for propelling the case forward. The outcome depends on your approach.”

In late 2015, Araújo set her sights on an attractive job opening for a prosecutor back in her hometown, in the Salvador municipal department. Everyone encouraged her to apply using a relatively new affirmative action option. “You of all people! You have to do it,” Araújo’s boss at the time told her. “If I had the chance to apply as a quotas candidate, I would totally go for it,” her friends said. “And you do! So apply!”…

…Even before slavery was abolished, the mixed-race Brazilians who resulted from these unions enjoyed freedoms not available to those with darker skin tones. Many thrived as small-scale farmers, for instance, and a few reached stratospheric heights: André Rebouças, whose grandmother had been a slave, rose to become one of Brazil’s most important engineers in the late 19th century. By the turn of the century, a complex hierarchy based on skin color, facial features, hair texture, education, and elocution, among other qualities, came to dominate the Brazilian social contract.

Unlike the United States, post-abolition Brazil did not enact “anti-miscegenation” or “separate but equal” laws, so race relations evolved with relative fluidity. The end result was that, contrary to America, where even a single black ancestor several generations removed marked a person as legally black, Brazilians came to define blackness as a matter of physical appearance. According to the late sociologist Oracy Nogueira — arguably the most influential scholar of Brazilian constructions of race — the American concept of “passing” as white is a moot one in Brazil, where simply looking white makes one so.

The quotas implemented in universities and government departments were born of attempts to push back against this pervasive colorism — the privileging of light skin over dark. Activists stress the importance of black representation in positions of power — particularly by those who, on account of having a darker complexion or markedly black features, do not benefit from a fluid racial identity that could otherwise see them classified as white. Which is why activists’ frustrations have grown over what they argue are light-skinned pardos taking advantage of hard-won affirmative action policies that were not fought for with them in mind…

Read the entire article here.

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NYU Guesses Racial, Ethnic Identity of Some Employees

Posted in Articles, Campus Life, Law, Media Archive, United States on 2017-07-13 20:50Z by Steven

NYU Guesses Racial, Ethnic Identity of Some Employees

Washington Square News
2017-04-17

Sayer Devlin, Deputy News Editor


Jessica Francis
Because NYU receives federal funding, the university’s office of human resources is required to guess the racial and ethnic identities of employees who do not self-report that information.

An NYU professor, who is a person of color, told WSN that he had a very brief meeting — less than five minutes — with the university’s human resources department, which he believes was used to guess his ethnicity.

The practice of determining the race and ethnicity of employees through post-employment records and visual observations is explicitly legal according to a directive by the Office of Federal Contract Compliance Programs. However, the practice of assigning an employee’s race based on their appearance raises ethical questions.

NYU is required to collect data on the race, ethnicity, gender, veteran status and disability status of all their employees — though employees are not required to disclose this information — because the university receives federal funding.

“Self-identification will remain the preferred method for compiling information about the sex, race or ethnicity of applicants and employees,” the directive reads. “A contractor’s invitation to self-identify race or ethnicity should state that the submission of such information is voluntary. However, contractors may use post-employment records or visual observation when an individual declines to self-identify his or her race or ethnicity.”

NYU Spokesperson John Beckman said in an email that he could not comment on this incident regarding the aforementioned professor…

…CAS Associate Professor of Sociology Ann Morning serves on one of the U.S. Census Bureau Committees, the National Advisory Committee on Racial, Ethnic and Other Populations, which advises the racial categories used in the census. Morning said that guessing the racial identities of faculty might be the best way to to collect that information…

Read the entire article here.

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What Percentage Indian Do You Have to Be in Order to Be a Member of a Tribe or Nation?

Posted in Articles, Law, Native Americans/First Nation, United States on 2017-07-12 19:53Z by Steven

What Percentage Indian Do You Have to Be in Order to Be a Member of a Tribe or Nation?

Indian Country Today
2017-07-08

Sonny Skyhawk


Woman dancing at the Kiowa Blackleggings Warrior Society Pow Wow 2015. iStock

50 or 25 percent blood quantum or lineal descent, every tribe has its own criteria for mandatory percentage Indian

Tribal Nations are the only recognized arbiter of belonging to or being a member of a tribe. No other agency or arm of any government has that responsibility, other than the particular tribe to which a person claims to belong. Thus the issue of what percentage Indian is any individual belonging to a tribe?

Every tribe has its own membership criteria; some go on blood quantum, others on descent, but whatever the criteria for “percentage Indian” it is the tribe’s enrollment office that has final say on whether a person may be a member. Anyone can claim Indian heritage, but only the tribe can grant official membership.

The first blood quantum law for legal percentage Indian was passed in 1705 in the colony of Virginia in which laws were introduced to restrict the civil rights of Native people.

In 1924 Virginia passed the Racial Integrity Act, which required that every individual be classified as either white or black. Native Americans were erased from Virginia and U.S. history as their birth records were literally changed. The act has been lauded ‘pencil genocide.’

In 1934, due to the federal government’s Indian Reorganization Act of 1934 and the associated awarded lands, many tribes were forced to adopt their own sets of blood quantum laws.

Here is a list of some tribes that claim blood quantum / percentage Indian requirements:…

Read the entire article here.

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Reflection: How Multiracial Lives Matter 50 Years After Loving

Posted in Articles, Law, Media Archive, Politics/Public Policy, Social Science, United States on 2017-07-10 23:06Z by Steven

Reflection: How Multiracial Lives Matter 50 Years After Loving

Creighton Law Review
Volume 50, Number 3 (2017)
pages 718-724

Lauren Sudeall Lucas, Associate Professor of Law
Georgia State University

Black Lives Matter. All Lives Matter. These two statements are both true, but connote very different sentiments in our current political reality. To further complicate matters, in this short reflection piece, I query how multiracial lives matter in the context of this heated social and political discussion about race. As a multiracial person committed to racial justice and sympathetic both to those pushing for recognition of multiracial identity and to those who worry such recognition may undermine larger movements, these are questions I have long grappled with both professionally and personally. Of course, multiracial lives matter—but do they constitute a sub-agenda of the Black Lives Matter movement, or is there an independent agenda the moniker “Multiracial Lives Matter” might represent? If the latter, is there a danger that such an agenda might be co-opted by other forces and used to further unintended purposes, such as the advancement of colorblindness? To the extent that agenda demands unique recognition of multiracial identity, how can it co-exist with broader identity-based racial justice movements?…

Read the entire article here.

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Ethno-racial identity (politics) by law: “Fraud” and “choice”

Posted in Articles, Law, Media Archive, Passing on 2017-07-09 22:20Z by Steven

Ethno-racial identity (politics) by law: “Fraud” and “choice”

Nationalities Papers: The Journal of Nationalism and Ethnicity
Published online: 2017-06-12
20 pages
DOI: 10.1080/00905992.2017.1311846

András L. Pap
Hungarian Academy of Sciences Center for Social Sciences, Institute for Legal Studies, Budapest, Hungary; Slovak Academy of Sciences, Institute of Sociology, Bratislava, Slovakia; Nationalism Studies Program, Central European University, Budapest, Hungary; Department for Law Enforcement Theory, National Public Service University, Faculty of Law Enforcement, Budapest, Hungary

Following an introduction to the changes in how ethno-racial identity is conceptualized in the social sciences and humanities by the destabilization of categorical frameworks, the author looks at how law reacts to these discussions and paradigm shifts, and argues that legal and administrative approaches face severe linguistic and conceptual limitations by operating within a “choice” and “fraud” binary. The article then questions if the free choice of identity exists as a principle of international minority protection law, a legal field that arguably represents a global political and ethical consensus. The author makes two claims. First, according to the basic tenet of legal logic, a proper right to free choice of identity allowing people to opt out of racial, ethnic, or national (minority) communities would necessitate the freedom to opt in to the majority or to any chosen group. The second claim, however, is that international law would not actually construct an approach to opting in. Thus, the right to free choice of identity is not an autonomous, sui generis right under international law.

Read or purchase the article here.

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Tanya Hernández Appears on Howard Jordan Radio Show

Posted in Audio, Census/Demographics, History, Latino Studies, Law, Media Archive, United States on 2017-07-07 20:00Z by Steven

Tanya Hernández Appears on Howard Jordan Radio Show

Fordham Law News: From New York City To You
2017-06-12


Tanya K. Hernández

Professor Tanya Hernández appeared on the Howard Jordan radio show where she discusses the 50th anniversary of the Supreme Court’s unanimous decision in Loving v. Virginia, which invalidated laws prohibiting interracial marriage.

“…Pew research center report that came out in May 18th … one data point in particular pointed out was that since this 1967 decision that intermarriage rates amongst newlyweds had increased five times…and the driving force behind the increase [five times]are Latinos…Latinos marrying whites, it represents 42% of intermarriage in United States…The data point doesn’t tell us about what kind of Latinos?…We have racial identity as well… To tell me Latinos are marrying whites does’t tell me anything about racial progress…”

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‘A Woman of Strange, Unfathomable Presence’: Ida Platt’s Lived Experience of Race, Gender, and Law, 1863-1939

Posted in Biography, Law, Media Archive, Papers/Presentations, Passing, United Kingdom, United States, Women on 2017-07-06 02:16Z by Steven

‘A Woman of Strange, Unfathomable Presence’: Ida Platt’s Lived Experience of Race, Gender, and Law, 1863-1939

Gwen Jordan
University of Illinois, Springfield

2017-05-08
52 pages

In 1894, Ida Platt became the first African-American woman lawyer in Illinois. She was one of only five black women lawyers in the country and the only one able to maintain a law practice. Throughout her thirty-three year career, Platt served as head of her household, providing for her mother and sisters, without marrying or having children. She accomplished these feats by employing a fluid racial identity, passing as white in her professional life, and by avoiding the dominant gender roles that excluded women from the masculine legal profession. In 1927, at the age of sixty-four, Ida Platt retired, married Walter Burke, a white man, and moved to England. Twelve years later, Ida Burke died. As is the practice in England, there was no race designation on her death certificate.

Platt’s choice to employ a fluid racial identity allowed her to pursue her career as a lawyer amidst a racist and sexist society that particularly discriminated against black women. She entered the law when Jim Crow was taking root, race lines were hardening, and elite, white, male lawyers were intensifying their opposition to women’s rise within the profession. Platt’s life and career offer insights into how law and the legal profession responded to the complexities of race and tender a new story of the lived experience of race as it intersects with gender. It suggests that Platt’s pragmatic strategy of changing her racial identity both contested and shaped the ways in which race, gender, and identity were constructed and represented in American society, as it exposed both the rigidity and permeability of these constructions.

Read the entire paper here.

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From Loving v. Virginia To Barack Obama: The Symbolic Tie That Binds

Posted in Articles, Barack Obama, Law, Media Archive, Social Science, United States on 2017-07-05 19:08Z by Steven

From Loving v. Virginia To Barack Obama: The Symbolic Tie That Binds

Creighton Law Review
Volume 50, Number 3 (2017)
pages 641-668

G. Reginald Daniel, Professor of Sociology
University of California, Santa Barbara

Jasmine Kelekay
Department of Sociology
University of California, Santa Barbara

I. INTRODUCTION

The year 2017 marks the fiftieth anniversary of the 1967 United States Supreme Court decision in Loving v. Virginia, which declared anti-miscegenation laws to be unconstitutional. For many, the Loving decision represents a symbolic turning point in the history of United States racial politics. Some even celebrate the Loving decision and the argued subsequent “biracial baby boom” as the beginning of a post-racial United States. Indeed, statistics indicating that fifteen percent of all new marriages are interracial and polls suggesting that a majority of Americans today approve of interracial marriage are cited as evidence of the erosion of racial boundaries and tensions. For many, the 2008 election of Barack Hussein Obama, the offspring of an African father and European American mother, as the forty-fourth President—and the first Black President—of the United States similarly marked a symbolic victory affirming that racism has finally been overcome and the United States is a truly post-racial society. However, the year 2017 also marks the end of Obama’s presidency and—importantly—the inauguration of Donald J. Trump as President of the United States. Consequently, we are not only forced to examine this critical juncture in the history of United States racial politics, but are also required to critically examine the past fifty years and ask the following question: to what extent have the symbolic victories of Loving and the election of Obama been imbued with aspirations that have yet to be fully actualized? Loving and the election of President Obama are undoubtedly important milestones in the history of United States jurisprudence and racial politics. Yet a careful analysis of interracial marriage trends, the politics of mixed race identity, and the waves of backlash against Obama’s presidency—which range from contesting his legitimacy and opposing his political efforts to explicitly racist rhetoric and the recent election of Donald Trump as President—suggest that the post-racial potential promised by Loving has remained more aspirational than actualized. Accordingly, in order to understand the legacy of Loving, we must think critically about interracial intimacy and contemporary United States race relations, taking into account the persistent inequities imbedded in the United States racial order and the continued relevance of anti-Blackness in the struggles for a more egalitarian society.

Read the entire article here.

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