Mixed Race Studies

A Citizen of Fine Spirit

William Mitchell Magazine
Volume 18, Issue 2, Fall 2000
pages 2-6

Douglas R. Heidenreich, Emeritus Professor of Law
Mitchell Hamline School of Law, Saint Paul, Minnesota

Minnesota Historical Society

William T. Francis was (1869-1929), by most measures, the most successful of the early African American alumni of William Mitchell College of Law’s predecessor law schools. Francis was a skilled lawyer, an adroit politician, a popular orator, a vigorous crusader for human and civil rights, and a respected U.S. diplomat.

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United States Health Care Reform: Progress to Date and Next Steps

The Journal of the American Medical Association
Published online 2016-07-11
DOI: 10.1001/jama.2016.9797

Barack Obama, JD
President of the United States, Washington, DC

Importance The Affordable Care Act is the most important health care legislation enacted in the United States since the creation of Medicare and Medicaid in 1965. The law implemented comprehensive reforms designed to improve the accessibility, affordability, and quality of health care.

Objectives To review the factors influencing the decision to pursue health reform, summarize evidence on the effects of the law to date, recommend actions that could improve the health care system, and identify general lessons for public policy from the Affordable Care Act.

Evidence Analysis of publicly available data, data obtained from government agencies, and published research findings. The period examined extends from 1963 to early 2016.

Findings The Affordable Care Act has made significant progress toward solving long-standing challenges facing the US health care system related to access, affordability, and quality of care. Since the Affordable Care Act became law, the uninsured rate has declined by 43%, from 16.0% in 2010 to 9.1% in 2015, primarily because of the law’s reforms. Research has documented accompanying improvements in access to care (for example, an estimated reduction in the share of nonelderly adults unable to afford care of 5.5 percentage points), financial security (for example, an estimated reduction in debts sent to collection of $600-$1000 per person gaining Medicaid coverage), and health (for example, an estimated reduction in the share of nonelderly adults reporting fair or poor health of 3.4 percentage points). The law has also begun the process of transforming health care payment systems, with an estimated 30% of traditional Medicare payments now flowing through alternative payment models like bundled payments or accountable care organizations. These and related reforms have contributed to a sustained period of slow growth in per-enrollee health care spending and improvements in health care quality. Despite this progress, major opportunities to improve the health care system remain.

Conclusions and Relevance Policy makers should build on progress made by the Affordable Care Act by continuing to implement the Health Insurance Marketplaces and delivery system reform, increasing federal financial assistance for Marketplace enrollees, introducing a public plan option in areas lacking individual market competition, and taking actions to reduce prescription drug costs. Although partisanship and special interest opposition remain, experience with the Affordable Care Act demonstrates that positive change is achievable on some of the nation’s most complex challenges.

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Coin given to US’s oldest park ranger by Barack Obama stolen in home invasion

The Guardian
2016-06-30

Sam Levin

Ranger Betty Soskin holds a photo of herself has a young woman. Photograph: Alamy

The White House is sending a replacement coin to 94-year-old Betty Soskin, who says she hopes she can recover the original from violent home intruder

The oldest park ranger in the US suffered a violent home invasion in which the suspect stole a commemorative coin Barack Obama gave to the 94-year-old woman, according to California police.

Park officials said on Thursday that the White House is sending a replacement coin to Betty Soskin, who works at the Rosie the Riveter/World War II Home Front national historic park in northern California. But the ranger said she hopes she can recover the original…

…Soskin is well-known locally and within the park service for her talks and tours at the Rosie the Riveter park where she often tells personal stories about her life as a young black woman working at the Richmond shipyards during the second world war.

Meeting the president and receiving the coin was a powerful experience for Soskin, Leatherman said. At the time, she brought with her a picture of her grandmother, who was born into slavery…

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Anti-Miscegenation Laws and the Dilemma of Symmetry: The Understanding of Equality in the Civil Rights Act of 1875

The University of Chicago Law School Roundtable: A Journal of Interdisciplinary Legal Studies
Volume 2: Issue 1, Article 12 (January 1995)
pages 303-344

Steven A. Bank, Paul Hastings Professor of Business Law
University of California, Los Angeles

The Civil Rights Act of 1875, which was introduced by two Republicans from Massachusetts, Charles Sumner in the Senate and Benjamin Butler in the House, sought to overturn many of the bars to interaction between the races after the end of slavery. In its final form, the Act provided that “all persons … shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.” No provision of the Act, however, explicitly addressed state anti-miscegenation statutes, or laws that prohibit “intermarriage and all forms of illicit intercourse between the races.” Proponents of the Act confined their arguments largely to the issue of desegregating public places such as railroad cars, steamships, inns, cemeteries, churches, and public schools. Continued prejudice, distaste for miscegenation among both races, and a declining post-Civil War rate of miscegenation, combined to persuade supporters of the bill not to address these laws in the push to desegregate public institutions.

This decision, albeit a wise one politically, left Republicans open to attack. Republicans argued that symmetrical equality, where blacks are prohibited from doing what whites can do, but whites are equally prohibited from doing what blacks can do, was insufficient to satisfy the requirements of the Fourteenth Amendment. They contended that under the Equal Protection Clause, blacks should have the same right as whites to enter any public place. This argument, however, inescapably included anti-miscegenation statutes within the confines of its logic. While such statutes provided symmetrical equality, since they prohibited both blacks and whites from participation in interracial relationships, they denied blacks the same right to marry whites as whites enjoyed. If segregation of public places was unconstitutional, anti-miscegenation statutes must be as well. Opponents of Reconstruction seized upon this logical extension of the Republican principle of equality to suggest that the Civil Rights Act of 1875 would result in increased miscegenation. The charge became intertwined with the claim that Republicans sought to legislate “social” equality between the races. Thus, Republican treatment of miscegenation was watched closely. Accepting symmetrical equality in anti-miscegenation laws would weaken their argument against segregation. Conversely, arguing that anti-miscegenation laws were unconstitutional might arouse opposition to attempts to protect the civil rights of the freedmen…

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Mixed-race in Oregon

The Asian Reporter
Portland, Oregon
Volume 26, Number 12 (2016-06-20)
ISSN: 1094-9453
page 6, columns 2-3

Dmae Roberts, Writer, Producer, Media and Theatre Artist

I received some exciting news this month. I was selected as one of the speakers for the Oregon Humanities Conversation Project, a program that brings people together to talk about current issues and ideas.

Participating in the program wasn’t something I was eager to do at first, since I’ve always seen myself as a bit shy. Although as an actor I’ve performed Shakespeare on Portland stages, typically I’m more of a wallflower. As I’ve gotten older, however, I found it wasn’t that I didn’t like talking to people. Instead, I realized I only enjoy talking when there’s an intriguing subject.

During the past decade, I’ve gravitated toward discussing the meaning of my mixed-race identity. While growing up in rural Oregon, there were few people of color. In my small school in the 1970s, I suspected I had mixed-race classmates, but it was a taboo subject, so it was not talked about. Students who could not pass as white, like my younger brother, endured racism. I, on the other hand, who appeared white to others, felt like a secret Asian girl. In my 40-plus years of adulthood, I’ve experienced shifts in the understanding of and attitude around multiracial identity and also witnessed the transformation in terminology for race and ethnicity from derogatory slurs to an expanding list of proud names…

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States of Denial

Fordham Law News: From New York City To You
2016-06-04

When Barack Obama was first elected president in 2008, some pundits declared the United States to have finally reached a triumphal post-racial stage, an era of long-awaited racial harmony after the horrors of slavery and Jim Crow segregation. Yet, almost a decade later, race remains a source of tension and injury.

The situation is not so different in Latin America, and the similarities are of great interest to Professor Tanya Hernández. In her book Racial Subordination in Latin America: The Role of the State, Customary Law and the New Civil Rights Response (Cambridge University Press), Hernández examines the racial landscape of Latin American countries and uncovers customary laws of racial regulation that, while perhaps not as codified as Jim Crow laws, are as obstructive to genuine racial equality.

With degrees from Brown and Yale Law School, Hernández has studied comparative race relations and antidiscrimination law for over 25 years. In 2015, she was awarded a Fulbright Specialist Grant to consult on racial equality projects in France and Trinidad.

In this excerpt of her book, Hernández introduces a legal critique of race regulations in Latin America and the role of the Latin American states in erecting and sustaining racial hierarchies…

There are approximately 150 million people of African descent in Latin America, representing about one-third of the total population. Yet, these are considered conservative demographic figures given the histories of undercounting the number of persons of African descent on Latin American national censuses and often completely omitting a racial/ethnic origin census question. At the same time, persons of African descent make up more than 40 percent of the poor in Latin America and have been consistently marginalized and denigrated as undesirable elements of the society since the abolition of slavery across the Americas. Yet, the view that “racism does not exist” is pervasive in Latin America despite the advent of social justice movements and social science researchers demonstrating the contrary. When the BBC surveyed Latin Americans in 2005 regarding the existence of racism, a significant number of respondents emphatically denied the existence of racism. Many, for instance, made statements such as “Latin Americans are not racist,” and “Latin-America is not a racist region, for the simple fact that the majority of the population is either indigenous, creole, or mixed.”

Thus the denial of racism is rooted in what many scholars have critiqued as the “myth of racial democracy”—the notion that the racial mixture (mestizaje/mestiçagem) in a population is emblematic of racial harmony and insulated from racial discord and inequality. Academic scholarship has in the last twenty years critiqued Latin American “mestizaje” theories of racial mixture as emblematic of racial harmony. Yet, Latin Americans still very much adhere to the notion that racial mixture and the absence of Jim Crow racial segregation are such a marked contrast to the United States racial history that the region views itself as what I term “racially innocent.”…

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The Great New Orleans Kidnapping Case

Tripod: New Orleans At 300
89.9 FM WWNO
New Orleans, Louisiana
2016-06-16

Laine Kaplan-Levenson, Producer

The Provost Guard in New Orleans taking up Vagrant Negroes. (1974.25.9.190) THE HISTORIC NEW ORLEANS COLLECTION

It was June. It was hot. Kids were out of school, keeping busy outdoors. Parents were inside. Kind of like how it is now, except it was 146 years ago.

“It is a world turned upside down,” says Michael Ross, historian and author of ‘The Great New Orleans Kidnapping Case: Race, Law, and Justice in the Reconstruction Era.’ He’s talking about the year 1870, at the height of reconstruction. “You have five cities in the South that have integrated their police forces, at a time when not a single police force in the North had integrated.

It’s true. The NOPD first hired black officers in the 1860s. New York City didn’t have an African American in their ranks until 1911. This is one of the many things that makes New Orleans a stage for social change in the U.S. after the Civil War. One crime in particular brought these changes into focus.

Molly Digby is 17 months old and playing outside with her older brother. Two women of color walk up to the kids and start talking to them, until they’re all interrupted by a loud noise down the street. The women tell the boy he can go see what all the excitement is about, and they’ll watch the baby. He runs off, and when he comes back, the women, and baby Molly, are gone.

“A white baby is abducted by two mixed race women called Mulattos at the time,” Ross explains. “That story would have been just one of many terrible stories of that day that would have been buried in the third page of the newspaper. But a number of factors lead to it getting front page attention.”…

Read the story here. Listen to the episode here.

Revealed: MP’s alleged killer ‘bought manual on how to make a handgun and bombs from a US far-right group and has links to neo-Nazi organisations going back decades’

The Daily Mail
London, England
2016-06-17

James Tozer, Chris Greenwood, Andy Dolan, and Claire Duffin For The Daily Mail
Richard Spillett, Stephanie Linning, and Lucy Crossley for MailOnline

• Detectives were last night questioning Thomas Mair over Jo Cox’s murder
• US civil rights group say their records show he bought far-Right books
• Claims the quiet loner had been recently released from psychiatric care
• Mair was brought up by his grandmother and lived in his childhood home
• Half-brother says Mair never expressed any ‘racist tendencies’, adding: ‘I’m mixed race and I’m his half-brother. We got on well’

The man suspected of killing Labour MP Jo Cox previously bought a book on how to make a handgun, it was claimed this morning.

Thomas Mair has been described as a loner who was ‘socially isolated and disconnected from society’ as a result of long-term mental illness.

Detectives were last night questioning 52-year-old Thomas Mair, amid fears he was motivated by Mrs Cox’s political campaigning.

Documents obtained from a US far-right group show a 1999 receipt for a manual on how to build a homemade gun with Mr Mair’s name and address on the top…

…Duane St Louis, age 41, the suspect’s half-brother and Mary’s son with second husband Reginald St Louis, said Mair had obsessive compulsive disorder and cleaned himself with Brillo pads because he was ‘obsessed with his personal hygiene’.

Reginald, who is believed to be from Grenada, and Mary had married when Mair was around 16. The couple lived with Duane and Mair’s younger full brother Scott, while Mair stayed with his grandmother. Reginald died in the 1980s. It is not known if Mair’s father, named locally as James, is still alive.

Speaking from his home in Dewsbury, West Yorkshire, he added: ‘He’s never expressed any views about Britain, or politics or racist tendencies. I’m mixed race and I’m his half-brother, we got on well. He never married. The only time I remember him having a girlfriend was as a young man, but a mate stole her off him. He said that put him off [women] for life.’…

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The penalties of miscegenation

Patterns of Prejudice
Volume 6, Issue 3, 1972
pages 10-12
DOI: 10.1080/0031322X.1972.9969062

Mary Dines (1927-2011)

Paragraph 24 of “Commonwealth Citizens: Control after Entry: Immigration Rules” (Cmd. 4295) reads:

“If a man who was admitted as a visitor or student, or in some other temporary capacity, marries a woman who is a resident in the United Kingdom, he is not on that account to be granted an extension of stay or any other variation of conditions to enable him to settle here unless refusal would be undesirable because of the degree of hardship which, in the particular circumstances of the case, would be caused if the woman had to live outside the United Kingdom in order to be with her husband after marriage…”

These instructions are based on a rule announced by the Home Secretary in January 1969 as an “administrative procedure” and the principles involved were never submitted to Parliament in the form of a Clause or an amendment to a Bill. At the time, Mr. Callaghan stated that the intention was to put an end to the facility allowed to male fiancés to settle in the U.K. after marriage which then existed. This facility, he claimed, was being abused, particularly by Asians, as a means of seeking entry to the U.K. without an employment voucher. It is not proposed to go into the arguments about male fiancés at this stage and indeed experience has shown that this matter was used as a camouflage for the real motives behind the introduction of the new rules. A careful study of the wording confirms this and it should be noted that the Home Office say that the man marrying a resident here “is not on that account to be granted an extension of stay” (my italics).

In any discussion on racial prejudice in Britain the question of miscegenation is bound to arise. Even in colonial times the British showed a marked aversion to mixed marriages. Significantly the majority of those that did take place were between “other ranks” of occupying armies and local women in places like…

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What You Didn’t Know About Loving v. Virginia

TIME
2016-06-10

Arica L. Coleman

The landmark civil rights Supreme Court case—which made it illegal to ban interracial marriage—was about more than black and white

When the Supreme Court heard arguments in the case Loving v. the Commonwealth of Virginia, defendants Richard and Mildred Loving chose not to appear in person. In 1958, they had been convicted for the felony of miscegenation. As lawyers presented their arguments, 17 states remained steadfast in their refusal to repeal such laws banning interracial marriages. But, though he did not attend the arguments, Richard sent a message to the justices: “Tell the Court I love my wife and it is just not fair that I cannot live with her in Virginia.”

The justices unanimously agreed. On June 12, 1967, proscriptions against interracial marriage were declared unconstitutional.

In the years since, the couple’s victory has often been seen as a touchstone in the fight for black civil rights. The Lovings’ lawyer’s assertion before the court that anti-miscegenation statutes were “ the most odious of the segregation laws and the slavery laws” reinforced this assumption. As historian Peter Wallenstein aptly stated in his book Tell the Court I Love My Wife, “There was no doubt in anybody’s mind as to the racial identities, white and black, of the people who claimed to be Mr. and Mrs. Loving.”

But the Lovings’ public persona was more myth than reality. While researching my book That the Blood Stay Pure: African Americans, Native Americans and the Predicament of Race and Identity in Virginia, I spoke to Mildred Loving, who died in 2008. “I am not black,” she told me during a 2004 interview. “I have no black ancestry. I am Indian-Rappahannock. I told the people so when they came to arrest me.”…

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