Mixed Race Studies

Chris Harper Mercer: details emerge of Oregon college killer

The Guardian
2015-10-02

Ben Jacobs and Nicky Woolf

Chris Harper Mercer, the alleged gunman in the Oregon shootings. He had captioned this photo: ‘Me, holding a rifle.’ Photograph: Myspace

Umpqua college shooter, who was born in England according to media reports, had a varied online presence that indicated support for the IRA

The Umpqua shooter has been named as Chris Harper Mercer, a 26-year-old who lived with his mother at an apartment only a few miles from the college.

American media reports said he was born in England and moved to the US at a young age: his stepsister, Carmen Nesnick, told CBS Los Angeles that he travelled to the US as a young boy. Other accounts report that Nesnick specified that Harper-Mercer was born in England…

Read the entire article here.

What Makes Black Men Run From the Police?

The Root
2015-08-27

Will Jawando

Your Take: A good, hard look at the statistics will tell you why African Americans have reason to fear an encounter with police.

t’s never much of a surprise when I hear it, but it stings all the same. Freddie Gray would be alive today if only he hadn’t inexplicably sprinted down his West Baltimore street. As would Walter Scott, the African-American man who was shot in the back in South Carolina fleeing a white police officer who then made an unsuccessful attempt to frame Scott for provoking his own destruction.

If only Sandra Bland hadn’t been so rude and had put out her cigarette when asked, no matter her constitutionally protected rights to both. If only Samuel DuBose had not tried to pull his car away from a Cincinnati university officer who then proceeded to empty a shell into his skull.

If only.

The question persists: Why do they run? Why do they run? Why don’t they just cooperate with the police? This is America, after all: a country where one is presumed innocent until proved guilty.

I know why. I am a black man, and I have been arrested. I am also a husband and father of three, a lawyer, a former White House aide and now a candidate for Congress…

Read the entire article here.

The 1965 Act at 50

Adam S.I. Goodman
2015-09-24

Adam Goodman

President Lyndon B. Johnson signing the Hart-Celler Act, 3 October 1965, Liberty Island, NY, NY. (Photo credit: LBJ Presidential Library/Yoichi Okamoto)

Next week marks the 50th anniversary of the signing of the 1965 Immigration Act. By eliminating the discriminatory national-origins quota system, the Act created new opportunities for people from across the world to migrate to the United States. But it also restricted immigration from the Western Hemisphere for the first time, contributing to the subsequent growth of undocumented migration in the decades to come.

Understanding the 1965 Act and its consequences is essential to understanding the history of the United States during the last half century…

Read the entire article here.

Here’s why Equal Protection may not protect everyone equally

The Washington Post
2015-09-23

Lauren Sudeall Lucas, Assistant Professor of Law
Georgia State University

Intersectionality is the acknowledgment that different forms of identity-based discrimination can combine to give rise to unique brands of injustice. For example, although women may generally face certain challenges in the workplace — unequal pay and the “motherhood penalty” are common — women of color may face different obstacles, including a bigger wage gap and the perception that they are too aggressive.

The Equal Protection Clause is the primary constitutional tool for addressing claims of identity-based discrimination. Finding out whether an incident of discrimination is legal typically begins with identifying the identity category — such as race or gender — on which the alleged discrimination is based. Depending on the category invoked, courts will apply varying levels of analysis to the claim, making it easier or harder for those accused of discrimination to defend their policies.

But for those who face discrimination at the intersection of multiple identity categories, it is not immediately clear how a court should respond. If someone claims that she has been denied the equal protection of the law because she is a black woman, should the alleged discrimination be examined with strict scrutiny, the most stringent standard of review in the court system, which is applied to classifications based on race? Or should it be treated with intermediate scrutiny, the lesser standard typically applied to gender classifications?…

Read the entire article here.

The Science Behind ‘They All Look Alike to Me’

The New York Times
2015-09-20

Rachel L. Swarns

The outcry was immediate and ferocious when a white New York City police officer tackled James Blake, the retired biracial tennis star, while arresting him this month in a case of mistaken identity. The officer mistook Mr. Blake for a black man suspected of credit card fraud, according to the police.

Racism, pure and simple, some said.

But was it?

Scientists, pointing to decades of research, believe something else was at work. They call it the “other-race effect,” a cognitive phenomenon that makes it harder for people of one race to readily recognize or identify individuals of another.

It is not bias or bigotry, the researchers say, that makes it difficult for people to distinguish between people of another race. It is the lack of early and meaningful exposure to other groups that often makes it easier for us to quickly identify and remember people of our own ethnicity or race while we often struggle to do the same for others.

That racially loaded phrase “they all look alike to me,” turns out to be largely scientifically accurate, according to Roy S. Malpass, a professor emeritus of psychology at the University of Texas at El Paso who has studied the subject since the 1960s. “It has a lot of validity,” he said…

Read the entire article here.

Identity and Form

California Law Review
Volume 103, Number 4 (August 2015)
pages 747-838

Jessica A. Clarke, Associate Professor of Law
University of Minnesota

Recent controversies over identity claims have prompted questions about who should qualify for affirmative action, who counts as family, who is a man or a woman, and who is entitled to the benefits of U.S. citizenship. Commentators across the political spectrum have made calls to settle these debates with evidence of official designations on birth certificates, application forms, or other records. This move toward formalities seeks to transcend the usual divide between those who believe identities should be determined based on objective biological or social standards, and those who believe identities are a matter of individual choice. Yet legal scholars have often overlooked the role of formalities in identity determination doctrines. This Article identifies and describes the phenomenon of “formal identity,” in which the law recognizes those identities individuals claim for themselves by executing formalities. Drawing on Lon Fuller’s classic work on the benefits of formality in commercial law contexts, it offers a theory explaining the appeal of formal identity. But it concludes that reformers should be skeptical of the concept. Formal identity may set traps for the unwary, eliminate space for subversive or marginal identities, and legitimize identity-based systems of inequality. Ultimately, this Article urges critical examination not merely of formal identity, but of the functions identity categories serve in the law.

• Introduction
• I. Models of Identity
  • A. Ascriptive Identity
  • B. Elective Identity
  • C. Formal Identity
• II. Functions of Formal Identity
  • A. Formal Citizenship
  • B. Formal Family
  • C. Formal Sex
  • D. Formal Race
• III. Dysfunctions of Formal Identity
  • A. Commodification
  • B. Bureaucratization
  • C. Discrimination
  • D. Pigeonholing
  • E. Legitimation
• IV. Rethinking the Legal Functions of Identities
  • A. Questioning Channels
  • B. Inducing Proportionate Caution
  • C. Assessing the Role of Evidence
• Conclusion

Read the entire article here.

James Blake doesn’t want NYPD cop who tackled him to ‘ever have a badge and gun again’

The New York Daily News
2015-09-12

Wayne Coffey, Special Reporter

Rich Schapiro, Staff Writer

Retired tennis star James Blake said Saturday the NYPD cop who brutally wrestled him to the ground should be served his walking papers.

“I want him to know what he did was wrong, and that in my opinion he doesn’t deserve to ever have a badge and a gun again, because he doesn’t know how to handle that responsibility effectively,” Blake, 35, told the Daily News. “He doesn’t deserve to have the same title as officers who are doing good work and are really helping keep the rest of the city safe.”

Blake called on the NYPD to can Officer James Frascatore a day after the department released disturbing video showing the WWE-style takedown outside a Midtown hotel Wednesday…

…Blake initially said he believed race was a factor in the rough arrest. But asked Saturday whether he thought white tennis stars such as Andy Roddick or Mardy Fish would have been treated the same way, he demurred.

“I don’t want to say that at all because I think that muddies the issue at hand,” said Blake, who was born to a black father and a white mother. “In this incident it was the excessive force that’s really the issue, because it was a nonviolent crime.”…

Read the entire article here.

James Blake and the Myth of an Unarrestable Black Man

The Daily Beast
2015-09-10

Tomás Ríos

Bill Bratton said race ‘had nothing at all to do’ with tennis star James Blake’s wrongful collaring and arrest. The numbers tell a different story.

What does a non-white person have to do for the police to leave them alone? The ready answer is that you have to be more famous than former tennis star James Blake.

Blake was leaving his Midtown Manhattan hotel to make corporate appearances at the U.S. Open when five white, plainclothes New York City police officers tackled and handcuffed him on Wednesday.

The real answer, of course, is that not being white means there is no escape from the consequences of not being white.

Among those who buy into the mythic moral righteousness of our police forces, there is a belief that people of color need only be perfect little humans to cancel out the realities of a racist society. Go to college, smile, pull up your pants, don’t smile at white women, and the prescription for transcending race goes on and on.

It seems not even James Blake—who attended Harvard, overcame scoliosis and a broken neck to become a world-class tennis player, and is now a cancer research philanthropist—can be that perfect. The numbers on incarceration make that much clear…

Read the entire article here.

The twisted irony of the NYPD wrongly assaulting and detaining black tennis star James Blake

The Daily Kos
2015-09-10

Shawn King

Yeah. This really happened.

Retired black tennis star James Blake, in an NYPD double-fault, was slammed to a Manhattan sidewalk and handcuffed by a white cop in a brutal case of mistaken identity.

The 35-year-old Blake, once ranked No. 4 in the world, suffered a cut to his left elbow and bruises to his left leg as five plainclothes cops eventually held him for 15 minutes Wednesday outside the Grand Hyatt Hotel.

“It was definitely scary and definitely crazy,” Blake told the Daily News. “In my mind there’s probably a race factor involved, but no matter what there’s no reason for anybody to do that to anybody.”

Of course, Blake is right. This absolutely should not have happened, but that much is a obvious to all of us. There are questions we should be asking, though…

Read the entire article here.

Police Tactics in Harsh Glare After Arrest of James Blake

The New York Times
2015-09-10

Benjamin Mueller, Al Baker and Liz Robbins

A New York Police Department officer was stripped of his gun and badge as Mayor Bill de Blasio and Police Commissioner William J. Bratton issued swift apologies on Thursday for the rough arrest of James Blake, the retired tennis star, after he was misidentified as a suspect in a fraudulent credit card ring.

Criticism swirled over the possibility that Mr. Blake, who is biracial, had been racially profiled in the episode on Wednesday. But it was Mr. Bratton’s acknowledgment that Mr. Blake may have been treated too aggressively when an officer threw him to the ground that put a renewed focus on the everyday arrest tactics long criticized by the city’s minority residents.

The incongruity of a Harvard-educated professional athlete being manhandled by six white plainclothes officers on a sidewalk in Midtown Manhattan quickly became an embarrassment for the Police Department and a headache for Mr. de Blasio, exposing the kind of unprovoked aggression that he and elected leaders across the country have sought to stamp out.

The officer’s decision to throw an unarmed, compliant man to the ground added to the sense that black people are often roughed up by the police out of view, with few resources to bring attention to their grievances. Mr. Bratton said the officers had failed to report the arrest, as they were required to do.

In a sign of the shifting discourse on race and policing, Mr. de Blasio and Mr. Bratton moved with unusual speed to contact Mr. Blake to apologize. But the gestures also raised questions about whether they would have moved so swiftly if the encounter had not involved a well-known figure…

…“I do think most cops are doing a great job keeping us safe, but when you police with reckless abandon, you need to be held accountable,” Mr. Blake, whose mother is white and whose father was black, said in an interview on ABC’s “Good Morning America.”…

…Mr. Sanders said he saw the officers shove Mr. Blake face-first into a large, mirrored building support beam near the Hyatt. With his head wrenched to the side and his hands cuffed behind him, Mr. Blake tried to talk.

Mr. Sanders said he saw the officers shove Mr. Blake face-first into a large, mirrored building support beam near the Hyatt. With his head wrenched to the side and his hands cuffed behind him, Mr. Blake tried to talk….

Read the entire article here.