President, Not Preacher, but Speaking More on Race

Posted in Articles, Barack Obama, Law, Media Archive, Politics/Public Policy, United States on 2013-08-29 01:43Z by Steven

President, Not Preacher, but Speaking More on Race

The New York Times
2013-08-27

Peter Baker

WASHINGTON — Sitting in the Roosevelt Room with prominent African-American religious leaders, President Obama on Monday mused about how far the nation had come in the 50 years since the March on Washington led by the Rev. Dr. Martin Luther King Jr., and how far it still had to go.

A president who often shies away from talking about race is set to deliver his own speech on Wednesday from the Lincoln Memorial. One thing he knew, he said, was that he could not fill Dr. King’s shoes. “He was discouraging us from comparing him to Dr. King,” said the Rev. Alvin Love of Chicago, one of the preachers who were there.

For Mr. Obama, Dr. King has been an idol, a role model and a burden since he assumed the presidency. He keeps a bust of the civil rights leader in the Oval Office along with a framed program from the 1963 march, and some of his favorite lines have been adopted from Dr. King. But as the nation’s first black president, Mr. Obama has found that no matter how much supporters may want to compare them, he cannot be a latter-day Dr. King…

…Outside events have also forced race back into the spotlight, and onto the Obama agenda. After the Supreme Court overturned part of the Voting Rights Act, Attorney General Eric H. Holder Jr. went to court seeking to use other elements of the law to challenge a Texas statute. The Trayvon Martin case in Florida led Mr. Obama to make a surprise appearance in the White House briefing room to talk about the sting of being trailed in stores as a young black man

Read the entire article here.

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Anti-Essentialism and Intersectionality: Tools to Dismantle the Master’s House

Posted in Articles, Identity Development/Psychology, Law, Media Archive, Philosophy, Politics/Public Policy, Social Science on 2013-08-27 03:20Z by Steven

Anti-Essentialism and Intersectionality: Tools to Dismantle the Master’s House

Berkeley Women’s Law Journal [now Berkeley Journal of Gender, Law & Justice]
Volume 10 (1995)
pages 16-30

Trina Grillo (1948-1996), Professor of Law
University of San Francisco

I am pleased to be here today to celebrate the tenth anniversary of the Berkeley Women’s Law Journal (“BWLJ”). From its inception, the BWLJ has devoted itself to giving voice to underrepresented women and has continued this mission even through difficult times. In preparing for this talk I reviewed a number of past volumes of this journal. I was impressed with how often articles published in the BWLJ foreshadowed controversies that were later discussed in more traditional journals.

I want to begin my talk with a quote from the late poet Audre Lorde: “The master’s tools will never dismantle the master’s house.” was asked to speak today about anti-essentialism and intersectionality. I am glad to do so, for I believe both concepts are indispensable tools for dismantling the master’s house. I will begin by briefly describing these concepts to you. I will suggest that it is time to turn inward, to use the tools of intersectionality and anti-essentialism to guide our own academic, political, and spiritual work, and I will give you a few examples of how we might do so.

My thesis today is that sometimes the governing paradigms which have structured all of our lives are so powerful that we can think we are doing progressive work, dismantling the structures of racism and other oppressions, when in fact we are reinforcing the paradigms. These paradigms are so powerful that sometimes we find ourselves unable to talk at all, even or especially about those things closest to our hearts. When I am faced with such uncertainty and find myself unable to speak, anti-essentialism and intersectionality are to me like life preservers. They give me a chance to catch my breath as the waves come crashing over me and they help me sort through my own confusion about what work I should be doing and how I should be doing it.

The basis of intersectionality and anti-essentialism is this:

Each of us in the world sits at the intersection of many categories: She is Latina, woman, short, mother, lesbian, daughter, brown-eyed, long-haired, quick-witted, short-tempered, worker, stubborn. At any one moment in time and in space, some of these categories are central to her being and her ability to act in the world. Others matter not at all. Some categories, such as race, gender, class, and sexual orientation, are important most of the time. Others are rarely important. When something or someone highlights one of her categories and brings it to the fore, she may be a dominant person, an oppressor of others. Other times, even most of the time, she may be oppressed herself. She may take lessons she has learned while in a subordinated status and apply them for good or ill when her dominant categories are highlighted. For example, having been mistreated as a child, she may be either a carefully respectful or an abusive parent.

I am going to talk now about intersectionality and anti-essentialism and will begin by talking about them separately. I believe these two concepts embody what is essentially the same critique, but made from two different starting points. For simplicity’s sake, as I continue I am often going to talk about them together.

INTERSECTIONALITY

Above, I described a single, whole woman. Yet if we turn the traditional tools of legal analysis upon this woman, we find she is someone entirely different. She is fragmented, capable of being only one thing at a time. For example, under a traditional legal approach, when her situation is analyzed as a woman, it is not analyzed as a Latina. She is a mother or a worker, but never both at the same time. Her characteristics are not connected one to the other, instead, they exist separately, suspended in time and space. This fragmenting of identity by legal analysis, a fragmenting entirely at odds with the concrete life of this woman, is the subject of the intersectionality critique.

The intersectionality critique is described succinctly in the title of a book on Black women’s studies: All the Women Are White, All the Blacks Are Men, But Some of Us Are Brave. Kimberlé Crenshaw explodes the discussion of race and gender discrimination in her work on intersectionality. She notes that women of color stand at the intersection of the categories of race and gender, and that their experiences are not simply that of racial oppression plus gender oppression. One case she uses for her analysis says it all: When a group of Black women faced discrimination, they were held to have no legal cause of action because neither white women nor Black men were discriminated against in the same way. Therefore, they were recognized as victims of neither race nor gender discrimination. Makes perfect sense. And, of course, you have all seen the many newspaper articles talking about the progress of “women and Blacks”; Black women are completely lost in this description…

…ANTI-ESSENTIALISM

Essentialism is the notion that there is a single woman’s, or Black person’s, or any other group’s, experience that can be described independently from other aspects of the person—that there is an “essence” to that experience. An essentialist outlook assumes that the experience of being a member of the group under discussion is a stable one, one with a clear meaning, a meaning constant through time, space, and different historical, social, political, and personal contexts…

LESSONS TO BE LEARNED FROM THE ANTI-ESSENTIALISM AND INTERSECTIONALITY CRITIQUES

Now that I have summarized the anti-essentialism and intersectionality critiques of feminist legal theory, I want to talk about at least three lessons they bring to our own work.

Lesson One

The anti-essentialism and intersectionality critiques teach us to look carefully at what is in front of our faces. When things are being described in ways contrary to our sensory experiences, we must pay particular attention. We must look at the evidence of our bodies, and we must believe what our bodies tell us. They teach us to check for the deep, internal discomfort we feel when something is being stated as gospel but does not match our truth. Then they teach us how to spin that feeling out, to analyze it, to accept that it is true but to be able to show why that is so. They also teach us to be brave.

My father was born in Tampa, Florida of Cuban Black parents. Much of his life was spent firmly claiming his place among American Blacks. My mother was the daughter of Italian immigrants. I was born in 1948 and soon thereafter moved to the San Francisco Bay Area. There were four children in my family. At times it seemed to me that we were half the biracial population of the Bay Area. We were stared at wherever we went, although it took me awhile, probably until I was five, to realize that the stares were not always ones of admiration. Of course, we did not define ourselves as biracial then. Instead, we were considered, and considered ourselves, Black, or Negro as we then said. Still, our skin color and our parents’ interracial marriage were always causes for comment. My race and my skin color have been issues that have preoccupied me for a good part of my life, and I see little prospect of this changing anytime soon.

When I began teaching at Hastings Law School in 1977, I knew that I wanted to write about multiraciality. I did a little research, and proceeded to write nothing. At that time there was little interest in the popular culture in that subject, and virtually nothing in the legal literature, so it is easy to see why I gave up on my project. Multiraciality did not seem to matter to anyone but me.

But now I cannot turn on “Oprah” without seeing a segment on multiraciality, right in between the shows on incest and the shows on weight loss. There is a movement (I think a misguided one in the particular form it takes) on the part of some people of mixed race to have a separate census category. We are everywhere, in numbers hard to ignore. But one thing has not changed. No one knows how to talk about us.

I looked at two newspapers yesterday, and saw the racial descriptions of the jurors in the O.J. Simpson trial. One paper said there were “eight Blacks, one Anglo, one Hispanic and two persons of mixed race.”  The other paper said there were eight Blacks, two Hispanics, one Anglo, and one person who identified himself as half white and half American Indian. There were four items about each juror described in the paper: gender, age, occupation, and racial background. From a more complete description of the racial backgrounds of the jurors, I found out that one of the Hispanics was a Hispanic/Black, classified as mixed race by one paper and as Hispanic by another. Interestingly, neither paper classified this juror as Black, although that would be my “first” classification of myself.

So we have no stable conventions for describing multiracial persons, at least none that match what we perceive to be reality. However, that someone is of mixed race is a fact now being noted and thought to be of enough importance to be mentioned separately in a news story.

There have also been hundreds of articles and a number of books on multiraciality written in the past five years. This is an important topic to me, one that affects my life, and the lives of my children every single day. Still, seventeen years after I first decided to write in this area, I am silent. My one, feeble attempt to write about issues of multiraciality was abandoned the first time my tentative musings (which, now that I think of it, were actually put to paper by one of my co-authors, such was (my state of paralysis) were criticized. And I am not alone; I have talked to two multiracial colleagues who have described to me similar experiences.

I explained yesterday to my friend Catharine Wells that I had abandoned my original plan to talk a little bit today about multiraciality. “It is too much,” I said, “to describe anti-essentialism and intersectionality and also get into this other complicated terrain. I feel so unsure about what I think anyway. Besides, there really just isn’t time. They only gave me an hour.” She saw right through my excuses, and convinced me that I would be lacking in courage if I spoke about intersectionality and anti-essentialism and yet was unwilling to speak about the place in my life where these concepts have the most meaning. She also convinced me that my example is a good one for showing the silencing effect of essentialism and the role that an intersectional, anti-essentialist analysis can have in permitting us to talk. She told me that it would be enough to just tell you about the problems I am having figuring this out and that I didn’t have to provide you with any conclusions.

To begin with, we must fully understand that race is not a biological concept, but a social and historical construct. The reason that I grew up considering myself, as we then said, Negro, is that a racist system described me in that way. Most Blacks in the United States are persons of “mixed blood,” if such a thing can be said to exist, and have both white and Black ancestors. If there were such as thing as a biological white, I would be at least half that, and so would many other Blacks. However, the fact that race is an historical and social construct certainly does not mean that it does not exist. Experiences, histories, and communities have all developed around this concept; so if we abandon race, we abandon communities that may have been initially formed as a result of racism but have become something else entirely.

All the scientific literature says that biological races do not exist. Instead, races were created as a mechanism for the oppression of certain groups of people. But once created, they remain. We are then left with these questions: How should we regard people of mixed race? How is it possible to take our experiences seriously without having them turned into a means of separating ourselves from other Blacks or into a means of ranking people of color, with those of mixed race given more power than  other Blacks? (I should say that my focus is on mixtures which include Black because that is the experience with which I am familiar; because the history is different, the issues are surely different for persons of mixed race who are, for example, Asian and white).

If we accept the definition of Black which we have been given—a definition which historically defined anyone with “one drop of Black blood” as Black—we ignore the existence of multiracial people. We ignore people whose experiences may be different from those experiences which have been defined as constituting the Black experience—that is, the “essentialized” Black experience. By so essentializing, we assume that the taxonomy of race proposed by nineteenth-century white supremacists—that human beings can be classified into four races and everyone fits neatly into one slot—is a valid one. On the other hand, if we do classify multiracial people as Black, the potential for group solidarity is much greater. “We are all Black,” we say. “You cannot divide us.”

The move for a “multiracial” category, both on census and other forms, and in terms of how we talk in daily life, is in part an attempt to recognize what is in fact the case—that some people have parents of two races, that even people who have parents of the same race may have other ancestors of a different race. A multiracial category would permit children to claim a racial relationship to both, or all, their parents, rather than being forced to choose. Moreover, even though over the years many Black leaders have been biracial, today some multiracial people, especially those with very light skin or who have been raised only by a white parent, may not feel completely comfortable or accepted in Black groups.

But the move to define people as multiracial has serious risks. How would we distinguish between those who are multiracial because they have one white parent, such as myself, and the general Black population of the United States, many of whom in one way or another have a similar amount of white ancestry? Why would we want to make such a distinction? Echoes of the way people in “colored” categories have been used in other countries—as mediators, enforcers, the secret police—make many Blacks fear that the multiracial movement has to do with establishing a higher category in the social hierarchy for multiracial people than for Blacks. There is a fear that multiracial people want to “get out of” being Black, that it is a new form of passing. The history in this country of colorism—the discrimination even within communities of color against those with darker skins—makes the attempt by multiracial persons to leave the Black category more stinging still.

The multiracial movement is not helped by the fact that some of those pressing most vigorously for a multiracial category are the white mothers of children whose fathers are Black. I went to a conference on multiraciality a few years ago that included time for discussion in small groups. There were a number of white mothers of biracial children in my group. The refrain I heard from these mothers was this: “My child is not Black. My child is golden.” So it is not simply because of paranoia that some members of the multiracial movement are perceived as wanting to dissociate from Blacks. (Other members of the movement, of course, have a completely different set of motivations.) We have to acknowledge that if we count people as mixed race rather than Black when the census is taken, it is going to mean that social services to Black communities will be decreased even further than they have been already.

What does anti-essentialism teach about this situation? Does it help me struggle with my dilemma? Perhaps. The confusion that a biracial child feels does not derive from being classified as Black, but from essentialist notions that being Black is one particular experience, and that this experience is not hers or his. Take for example a family, my family in fact, where one child appears so essentially “Black” that he sees no reason to look further for an identification, and the other is so fair, and so blond, that identity issues for her are a constant struggle. Some of her Black friends are bothered if she presumes to call herself Black and suspicious if she does not. Given the history, this is a perfectly coherent reaction on their part, but it is a hard one for her to deal with. Of course, multiracial people will try to find a place to call home if they cannot be at home being Black.

At the conference I previously mentioned, a Black man chastised those in the group pressing for a multiracial designation. “Black,” he said in a booming voice, opening his arms wide, “is the ocean into which all rivers flow.”

I wonder if it is possible for that to be true. Is it possible to create a Black-identified biracial identity? Can one be biracial or multiracial and also be Black? Or is the historical freight still too great for that to be possible? One thing I am sure of: The fact that a person is biracial is an important piece of who she is. It is something I would find of interest if I were reading her work or listening to her speak. We need a way to say that, a way which does not compromise the community of Black people…

Read the entire article here.

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We Should all Be Terrified

Posted in Articles, Law, Media Archive, Social Science, United States on 2013-08-26 02:44Z by Steven

We Should all Be Terrified

brianbantum: theology, culture, teaching and life in-between
2013-07-14

Brian Bantum, Assistant Professor of Theology
Seattle Pacific University

Today, do not speak to me of peace. Do not speak to me of reconciliation or “turn the other cheek.” Today we must confess. We must confess to what our nation was and is continuing to be. We must open our eyes to the way the cancer of race in America not only persists but has mutated, calibrated itself to the supposed inoculations of “multiculturalism” and “post-racialism.”

This morning we need to face a terrifying fact. George Zimmerman is a product of the “multicultural.” A mixed-race man, the son of a Latina mother and a white father, a man who identifies himself as Hispanic, killed a black boy who he identified as dangerous and followed as a suspect. The “not guilty” verdict in this case means quite simply that the [white] jury in this case deemed his actions “reasonable.” Race permeated this case, but in new ways that we cannot lose sight of.

To lose sight of Zimmerman’s racial self-identification is to lose sight of how race has worked in this country, how whiteness was never about biology. Whiteness has always been about a presumption of innocence, a power to judge, the freedom to exist and to be who you declare yourself to be…

Read the entire article here.

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Race on the Menu: Cheerios, Paula Deen, with Some Supreme Court for Dessert

Posted in Articles, Communications/Media Studies, Law, Media Archive, Politics/Public Policy, Social Science, United States on 2013-08-25 01:03Z by Steven

Race on the Menu: Cheerios, Paula Deen, with Some Supreme Court for Dessert

brianbantum: theology, culture, teaching and life in-between
2012-06-26

Brian Bantum, Assistant Professor of Theology
Seattle Pacific University

It’s been a bad month. For some reason incidents and issues of race seems to appear like death, in groups of three. They clump together, overwhelming those whom they hurt and they come too quickly for others to process…

…But I am becoming less convinced that we will be able to have rational conversations about the facts of the cases, about how race functions in our society, what the consequences for our ignorance are for people of color. We cannot have these conversations because I am not sure we have really grappled with the reality of our condition as American citizens. We do not see ourselves as we really are. While some imagine themselves as the white wife and others as the black husband, what we fail to understand is that we are all the mixed race child. Regardless of our race we are children of this interracial union called America. We are the progeny of a tragic, dark, difficult history that we bear in our skin, even while we exhibit many wonderful possibilities.

But we will never move forward until we can admit who we are…

Read the entire article here.

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A Blunt Chief Justice Unafraid to Upset Brazil’s Status

Posted in Articles, Brazil, Caribbean/Latin America, Law, Media Archive, Social Science on 2013-08-24 17:27Z by Steven

A Blunt Chief Justice Unafraid to Upset Brazil’s Status

The New York Times
2013-08-23

Simon Romero, Brazil Bureau Chief

BRASÍLIA — Brazil’s highest court has long viewed itself as a bastion of manners and formality. Justices call one another “Your Excellency,” dress in billowing robes and wrap each utterance in grandiloquence, as if little had changed from the era when marquises and dukes held sway from their vast plantations.

But when the chief justice, Joaquim Barbosa, strides into the court, the other 10 excellencies brace themselves for whatever may come next.

In one televised feud, Mr. Barbosa questioned another justice about whether he would even be on the court had he not been appointed by his cousin, a former president impeached in 1992. With another justice, Mr. Barbosa rebuked him over what the chief justice considered his condescending tone, telling him he was not his “capanga,” a term describing a hired thug.

In one of his most scathing comments, Mr. Barbosa, the high court’s first and only black justice, took on the entire legal system of Brazil — where it is still remarkably rare for politicians to ever spend time in prison, even after being convicted of crimes — contending that the mentality of judges was “conservative, pro-status-quo and pro-impunity.”

“I have a temperament that doesn’t adapt well to politics,” Mr. Barbosa, 58, said in a recent interview in his quarters here in the Supreme Federal Tribunal, a modernist landmark designed by the architect Oscar Niemeyer. “It’s because I speak my mind so much.”

His acknowledged lack of tact notwithstanding, he is the driving force behind a series of socially liberal and establishment-shaking rulings, turning Brazil’s highest court — and him in particular — into a newfound political power and the subject of popular fascination.

The court’s recent rulings include a unanimous decision upholding the University of Brasília’s admissions policies aimed at increasing the number of black and indigenous students, opening the way for one of the Western Hemisphere’s most sweeping affirmative action laws for higher education…

In a country where a majority of people now define themselves as black or of mixed race — but where blacks remain remarkably rare in the highest echelons of political institutions and corporations — Mr. Barbosa’s trajectory and abrupt manner have elicited both widespread admiration and a fair amount of resistance.

As a teenager, Mr. Barbosa moved to the capital, Brasília, finding work as a janitor in a courtroom. Against the odds, he got into the University of Brasília, the only black student in its law program at the time. Wanting to see the world, he later won admission into Brazil’s diplomatic service, which promptly sent him to Helsinki, the Finnish capital on the shore of the Baltic Sea.

Sensing that he would not advance much in the diplomatic service, which he has called “one of the most discriminatory institutions of Brazil,” Mr. Barbosa opted for a career as a prosecutor. He alternated between legal investigations in Brazil and studies abroad, gaining fluency in English, French and German, and earning a doctorate in law at Pantheon-Assas University in Paris…

Read the entire article here.

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Who is an Indian?: Race, Place, and the Politics of Indigeneity in the Americas

Posted in Anthologies, Anthropology, Books, Brazil, Canada, Caribbean/Latin America, History, Law, Media Archive, Native Americans/First Nation, Politics/Public Policy, Social Science, United States on 2013-08-24 17:12Z by Steven

Who is an Indian?: Race, Place, and the Politics of Indigeneity in the Americas

University of Toronto Press
August 2013
272 pages
Paper ISBN: 9780802095527
Cloth ISBN: 9780802098184

Edited by:

Maximilian C. Forte, Associate Professor of Sociology and Anthropology
Concordia University, Montreal, Quebec, Canada

Who is an Indian? This is possibly the oldest question facing Indigenous peoples across the Americas, and one with significant implications for decisions relating to resource distribution, conflicts over who gets to live where and for how long, and clashing principles of governance and law. For centuries, the dominant views on this issue have been strongly shaped by ideas of both race and place. But just as important, who is permitted to ask, and answer this question?

This collection examines the changing roles of race and place in the politics of defining Indigenous identities in the Americas. Drawing on case studies of Indigenous communities across North America, the Caribbean, Central America, and South America, it is a rare volume to compare Indigenous experience throughout the western hemisphere. The contributors question the vocabulary, legal mechanisms, and applications of science in constructing the identities of Indigenous populations, and consider ideas of nation, land, and tradition in moving indigeneity beyond race.

Contents

  • Preface
  • Introduction: “Who Is an Indian?” The Cultural Politics of a Bad Question / Maximilian C. Forte (Concordia University, Sociology and Anthropology)
  • Chapter One: Inuitness and Territoriality in Canada / Donna Patrick (Carleton University, Sociology and Anthropology and the School of Canadian Studies)
  • Chapter Two: Federally-Unrecognized Indigenous Communities in Canadian Contexts / Bonita Lawrence (York University, Equity Studies)
  • Chapter Three: The Canary in the Coalmine: What Sociology Can Learn from Ethnic Identity Debates among American Indians / Eva Marie Garroutte (Boston College, Sociology) and C. Matthew Snipp (Stanford University, Sociology)
  • Chapter Four : “This Sovereignty Thing”: Nationality, Blood, and the Cherokee Resurgence / Julia Coates (University of California Davis, Native American Studies)
  • Chapter Five: Locating Identity: The Role of Place in Costa Rican Chorotega Identity / Karen Stocker (California State University, Anthropology)
  • Chapter Six: Carib Identity, Racial Politics, and the Problem of Indigenous Recognition in Trinidad and Tobago / Maximilian C. Forte (Concordia University, Anthropology)
  • Chapter Seven: Encountering Indigeneity: The International Funding of Indigeneity in Peru / José Antonio Lucero (University of Washington, The Henry M. Jackson School of International Studies)
  • Chapter Eight: The Color of Race: Indians and Progress in a Center-Left Brazil / Jonathan Warren (University of Washington, International Studies, Chair of Latin American Studies)
  • Conclusion: Seeing Beyond the State and Thinking beyond the State of Sight / Maximilian C. Forte (Concordia University, Sociology and Anthropology)
  • Contributors
  • Index
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Plessy v. Ferguson: Race and Inequality in Jim Crow America

Posted in Books, History, Law, Louisiana, Monographs, United States on 2013-08-22 02:12Z by Steven

Plessy v. Ferguson: Race and Inequality in Jim Crow America

University Press of Kansas
April 2012
224 pages
5-1⁄2 x 8-1⁄2
Cloth ISBN 978-0-7006-1846-0
Paper ISBN 978-0-7006-1847-7

Williamjames Hull Hoffer, Associate Professor of History
Seton Hall University, South Orange, New Jersey

Six decades before Rosa Parks boarded her fateful bus, another traveler in the Deep South tried to strike a blow against racial discrimination—but ultimately fell short of that goal, leading to the Supreme Court’s landmark 1896 decision in Plessy v. Ferguson. Now Williamjames Hull Hoffer vividly details the origins, litigation, opinions, and aftermath of this notorious case.

In response to the passage of the Louisiana Separate Car Act of 1890, which prescribed “equal but separate accommodations” on public transportation, a group called the Committee of Citizens decided to challenge its constitutionality. At a pre-selected time and place, Homer Plessy, on behalf of the committee, boarded a train car set aside for whites, announced his non-white racial identity, and was immediately arrested. The legal deliberations that followed eventually led to the Court’s 7-1 decision in Plessy, which upheld both the Louisiana statute and the state’s police powers. It also helped create a Jim Crow system that would last deep into the twentieth century, until Brown v. Board of Education in 1954 and other cases helped overturn it.

Hoffer’s readable study synthesizes past work on this landmark case, while also shedding new light on its proceedings and often-neglected historical contexts. From the streets of New Orleans’ Faubourg Tremé district to the justices’ chambers at the Supreme Court, he breathes new life into the opposing forces, dissecting their arguments to clarify one of the most important, controversial, and socially revealing cases in American law. He particularly focuses on Justice Henry Billings Brown’s ruling that the statute’s “equal, but separate” condition was a sufficient constitutional standard for equality, and on Justice John Marshall Harlan’s classic dissent, in which he stated, “Our Constitution is color-blind, and neither knows nor tolerates classes among its citizens.”

Hoffer’s compelling reconstruction illuminates the controversies and impact of Plessy v. Ferguson for a new generation of students and other interested readers. It also pays tribute to a group of little known heroes from the Deep South who failed to hold back the tide of racial segregation but nevertheless laid the groundwork for a less divided America.

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What Do I Tell My Blond Son About Being Black?

Posted in Articles, Law, Social Science, United States on 2013-08-18 20:46Z by Steven

What Do I Tell My Blond Son About Being Black?

Gawker
2013-08-17

Anita DeRouen, Assistant Professor of English and Director of Writing and Teaching
Millsaps College, Jackson, Mississippi

“I think we should teach him to use his privilege to his advantage.”

It’s Sunday morning, July 14, 2013. My husband and I are talking, have been talking, will always be talking about race in our world and how it shapes our understanding of race in our home. Melissa Harris-Perry’s show is on, and she’s wearing black, and she and her guests are subdued-yet-passionate as they do a post-postmortem on that dead black boy in Florida, on so many dead black boys, on what black parents should say to their sons and daughters about dead black boys. Our son is sitting next to me playing with his alphabet game while his father and I talk about him like he isn’t there.

I am not sure where to take my husband’s statement, but the horse is out of the barn, so someone’s gotta ride it.

“Why? He’s never going to be profiled the way Trayvon was.”

And he won’t. My just-about-white-passing child is unlikely to ever have a person cross to the opposite side of the street when they see him coming, is unlikely to be followed through stores as he browses, is unlikely to wonder if a cop’s behavior on a traffic stop is shaped by the color of his skin.

I know these things as sure as I know that a day will come when that sweet dirty-blond headed, blue eyed boy will have to decide whether he will see his half-blackness (and, therefore, me) as a blessing or a curse. My husband disagrees, though, and I find myself having a conversation about skin tones and shades of blackness that leaves me questioning the facts I’ve long just known about race in America…

Read the entire article here.

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Frizzly Studies: Negotiating the Invisible Lines of Race

Posted in Articles, History, Law, Media Archive, Passing, United States on 2013-08-16 02:12Z by Steven

Frizzly Studies: Negotiating the Invisible Lines of Race

Common Knowledge
Volume 19, Number 3 (Fall 2013)
pages 518-529
DOI: 10.1215/0961754X-2281810

Daniel J. Sharfstein, Professor of Law
Vanderbilt University

Beginning with the assumption that race is a conceptual blur, this contribution to the Common Knowledge symposium “Fuzzy Studies” argues that race conflates what is plain to see with something that is invisible. Race roots today’s policy decisions in a remote and often imagined past. It blurs agency and overwhelming structural inequality. It is a set of categories that people define for themselves and that, at the same time, others — strangers, neighbors, government officials — relentlessly impose upon them. For four hundred years, the meaning of racial categories in North America has remained unstable. A central question underlying the history of race in the United States is how people could acknowledge the incoherence of racial categories while still structuring their lives, communities, politics, and culture around the idea of race. At a fundamental level, race has functioned as a set of rules and rights—and legal entitlements and disabilities are a primary source of meaning for racial categories. The law provides a starting point for understanding how there could be so much consensus regarding such a blur. Legal decision making is itself a process that blurs what is objective and subjective, scientific and social, precise and penumbral. Taken together, the pervasive fuzziness of race and law ensured the resilience of clear and definable regimes of discrimination and hierarchy.

Read or purchase the article here.

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Our Zip Code May Be More Important Than Our Genetic Code: Social Determinants of Health, Law and Policy

Posted in Articles, Health/Medicine/Genetics, Law, Media Archive, Politics/Public Policy, United States on 2013-08-05 05:05Z by Steven

Our Zip Code May Be More Important Than Our Genetic Code: Social Determinants of Health, Law and Policy

Social Determinants of Health
Rhode Island Medical Journal
Volume 96, Number 7 (July 2013)

Dannie Ritchie, MD, MPH, Clinical Assistant Professor of Family Medicine
Lead, Transcultural Community Health Initiative
Brown University Center for Primary Care and Prevention

Public health is defined as “what we, as a society, do collectively to assure the condition for people to be healthy.” (Institute of Medicine (IOM), 1988, 2003). This evokes the social determinants of health – where we live, learn, work and play has a greater impact on individual and population health than does access to health care. However, when we discuss health and health disparities, clinical care problems are often framed as the problems with the health-care system. Recently, the Institute of Medicine has moved to make the distinction that in public health, the clinical care system is but one part of the overall health system, which should help to avoid the conflation of health as only a product of medical care (IOM 2010)…

This special issue contains a series of papers expanding key themes addressed in the seminars. Making real improvements in the health of our communities, especially the economically, socially and environmentally impoverished communities, requires much more than “fixing” our wasteful, fragmented and misdirected medical-care systems. If we are to achieve health equity, it is time for us to evaluate how to truly shift the dialogue, and not inadvertently replicate the same disparities we are trying to eliminate. We must examine how disparities impact us all across demographics and not only the most vulnerable, though they bear the greater burden. It is our intent with this edition to provide tools to better equip us to evaluate the social determinants of health and ways to take action through law and policy…

Read the entire article here.

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