Mixed Race Studies

AFAM 349a/AMST 326a/WGSS 388a: Interraciality and Hybridity

Yale University
Fall 2011

Naomi Pabst, Assistant Professor of African American Studies and American Studies
Yale University

Examination of mixed-race matters in both literary and critical writings, primarily within the black/white schema.  Historical and current questions of black and interracial identity; the contemporary “mixed race movement” and the emerging rubric of “critical mixed race studies”; historical genealogy and interraciality and hybridity.  Analysis of longstanding debates on race mixing in the realms of legal classification, transracial adoption, census taking, grassroots movements, the discursive, the ideological, and the popular.

Race and the Genetic Revolution: Science, Myth, and Culture

Columbia University Press
September 2011
304 pages
1 illus; 4 tables
Paper ISBN: 978-0-231-15697-4
Cloth ISBN: 978-0-231-15696-7

Edited by:

Sheldon Krimsky, Professor of Urban & Environmental Policy & Planning; Adjunct Professor of Public Health and Family Medicine
Tufts School of Medicine
Tufts University, Medford, Massachusetts

Kathleen Sloan

Do advances in genomic biology create a scientific rationale for long-discredited racial categories? Leading scholars in law, medicine, biology, sociology, history, anthropology, and psychology examine the impact of modern genetics on the concept of race. Contributors trace the interplay between genetics and race in forensic DNA databanks, the biology of intelligence, DNA ancestry markers, and racialized medicine. Each essay explores commonly held and unexamined assumptions and misperceptions about race in science and popular culture.

This collection begins with the historical origins and current uses of the concept of “race” in science. It follows with an analysis of the role of race in DNA databanks and racial disparities in the criminal justice system. Essays then consider the rise of recreational genetics in the form of for-profit testing of genetic ancestry and the introduction of racialized medicine, specifically through an FDA-approved heart drug called BiDil, marketed to African American men. Concluding sections discuss the contradictions between our scientific and cultural understandings of race and the continuing significance of race in educational and criminal justice policy.

Table of Contents

• A short history of the race concept / Michael Yudell
• Natural selection, the human genome, and the idea of race / Robert Pollack
• Racial disparities in databanking of DNA profiles / Michael T. Risher
• Prejudice, stigma, and DNA databases / Helen Wallace
• Ancestry testing and DNA : uses, limits, and caveat emptor / Troy Duster
• Can DNA witness race? Forensic uses of an imperfect ancestry testing technology / Duana Fullwiley
• BiDil and racialized medicine / Jonathan Kahn
• Evolutionary versus racial medicine : why it matters? / Joseph L. Graves Jr.
• Myth and mystification : the science of race and IQ / Pilar N. Ossorio
• Intelligence, race, and genetics / Robert J. Sternberg … [et al.]
• The elusive variability of race / Patricia J. Williams
• Race, genetics, and the regulatory need for race impact assessments / Osagie K. Obasogie.

Black Power, White Blood: The Life and Times of Johnny Spain (With a New Epilogue by the Author)

Temple University Press
December 1999
352 pages
5.5×8.25; 36 halftones
Paperback ISBN: 978-1-56639-750-6

Lori Andrews, Distinguished Professor of Law and Director of the Institute for Science, Law and Technology
IIT Chicago-Kent College of Law

A struggle to transcend race and find justice

Originally published in hardcover to much acclaim, this vividly written biographical drama will now be available in a paperback edition and includes a new epilogue by the author. Conceived within a clandestine relationship between a black man and a married white woman, Spain was born (as Larry Michael Armstrong) in Mississippi during the mid-1950s. Spain’s life story speaks to the destructive power of racial bias. Even if his mother’s husband were willing to accept the boy—which he was not—a mixed-race child inevitably would come to harm in that place and time.

At six years old, already the target of name-calling children and threatening adults, he could not attend school with his older brother. Only decades later would he be told why the Armstrongs sent him to live with a black family in Los Angeles. As Johnny came of age, he thought of himself as having been rejected by his white family as well as by his black peers. His erratic, destructive behavior put him on a collision course with the penal system; he was only seventeen when convicted of murder and sent to Soledad.

Drawn into the black power movement and the Black Panther Party by a fellow inmate, the charismatic George Jackson, Spain became a dynamic force for uniting prisoners once divided by racial hatred. He committed himself to the cause of prisoners’ rights, impressing inmates, prison officials, and politicians with his intelligence and passion. Nevertheless, among the San Quentin Six, only he was convicted of conspiracy after Jackson’s failed escape attempt.

Lori Andrews, a professor of law, vividly portrays the dehumanizing conditions in the prisons, the pervasive abuses in the criminal justice system, and the case for overturning Spain’s conspiracy conviction. Spain’s personal transformation is the heart of the book, but Andrews frames it within an indictment of intolerance and injustice that gives this individual’s story broad significance.

Representing the Race: The Creation of the Civil Rights Lawyer

Harvard University Press
April 2012
352 pages
6-1/8 x 9-1/4 inches; 20 halftones
Hardcover ISBN: 9780674046870

Kenneth W. Mack, Professor of Law
Harvard University

”

Representing the Race tells the story of an enduring paradox of American race relations, through the prism of a collective biography of African American lawyers who worked in the era of segregation. Practicing the law and seeking justice for diverse clients, they confronted a tension between their racial identity as black men and women and their professional identity as lawyers. Both blacks and whites demanded that these attorneys stand apart from their racial community as members of the legal fraternity. Yet, at the same time, they were expected to be “authentic”—that is, in sympathy with the black masses. This conundrum, as Kenneth W. Mack shows, continues to reverberate through American politics today.

Mack reorients what we thought we knew about famous figures such as Thurgood Marshall, who rose to prominence by convincing local blacks and prominent whites that he was—as nearly as possible—one of them. But he also introduces a little-known cast of characters to the American racial narrative. These include Loren Miller, the biracial Los Angeles lawyer who, after learning in college that he was black, became a Marxist critic of his fellow black attorneys and ultimately a leading civil rights advocate; and Pauli Murray, a black woman who seemed neither black nor white, neither man nor woman, who helped invent sex discrimination as a category of law. The stories of these lawyers pose the unsettling question: what, ultimately, does it mean to “represent” a minority group in the give-and-take of American law and politics?

Table of Contents

• Introduction
• 1. The Idea of the Representative Negro
• 2. Racial Identity and the Marketplace for Lawyers
• 3. The Role of the Courtroom in an Era of Segregation
• 4. A Shifting Racial Identity in a Southern Courtroom
• 5. Young Thurgood Marshall Joins the Brotherhood of the Bar
• 6. A Woman in a Fraternity of Lawyers
• 7. Things Fall Apart
• 8. The Strange Journey of Loren Miller
• 9. The Trials of Pauli Murray
• 10. A Lawyer as the Face of Integration in Postwar America
• Conclusion: Race and Representation in a New Century
• Notes
• Acknowledgments
• Index

Loving vs. Virginia in a Post-Racial World: Rethinking Race, Sex, and Marriage

Cambridge University Press
June 2012
300 pages
Hardback ISBN-13: 9780521198585
Paperback ISBN-13: 9780521147989

Edited by

Kevin Noble Maillard, Professor of Law
Syracuse University

Rose Cuison Villazor, Professor of Law
University of California, Davis

In 1967, the U.S. Supreme Court ruled that laws prohibiting interracial marriage were unconstitutional in Loving vs. Virginia. Although this case promotes marital freedom and racial equality, there are still significant legal and social barriers to the free formation of intimate relationships. Marriage continues to be the sole measure of commitment, mixed relationships continue to be rare, and same-sex marriage is only legal in 6 out of 50 states. Most discussion of Loving celebrates the symbolic dismantling of marital discrimination. This book, however, takes a more critical approach to ask how Loving has influenced the “loving” of America. How far have we come since then, and what effect did the case have on individual lives?

Table of Contents

• Introduction Kevin Noble Maillard and Rose Cuison Villazor
• Part I: Explaining Loving v. Virginia
  • 1. The legacy of Loving John DeWitt Gregory and Joanna L. Grossman
• Part II: Historical Antecedents to Loving
  • 2. The ‘love’ of Loving Jason A. Gillmer
  • 3. Loving in Indian territory: tribal miscegenation law in historical perspective Carla Pratt
  • 4. American mestizo: Filipinos and antimiscegenation laws in California Leti Volpp
  • 5. Perez v. Sharp and the limits of Loving: race, marriage, and citizenship reconsidered R. A. Lenhardt
• Part III: Loving and Interracial Relationships: Contemporary Challenges
  • 6. The road to Loving: the legacy of antimiscegenation law Kevin Noble Maillard
  • 7. Love at the margins: the racialization of sex and the sexualization of race Camille A. Nelson
  • 8. The crime of Loving: Loving, Lawrence, and beyond I. Bennett Capers
  • 9. What’s Loving got to do with it? Law shaping experience and experience shaping law Renée M. Landers
  • 10. Fear of a ‘Brown’ planet or a new hybrid culture? Jacquelyn Bridgeman
• Part IV: Considering the Limits of Loving
  • 11. Black pluralism in post-Loving America Taunya Lovell Banks
  • 12. Multiracialism and reparations: accounting for political blackness Angelique Davis
  • 13. Finding a Loving home Angela Onwuachi-Willig and Jacob Willig-Onwuachi
• Part V: Loving outside the United States Borders
  • 14. Racially inadmissible wives Rose Cuison Villazor
  • 15. Flying buttresses Nancy K. Ota
  • 16. Crossing borders: Loving v. Virginia as a story of migration Victor Romero
• Part VI: Loving and Beyond: Marriage, Intimacy and Diverse Relationships
  • 17. Black vs. gay: centering LBGT people of color in civil marriage debates Adele Morrison
  • 18. Forty years after Loving: a legacy of unintended consequences Rachel F. Moran
  • 19. The end of marriage Tucker Culbertson
  • 20. Afterword Peter Wallenstein

The Black Peril and Miscegenation: The Regulation of Inter-racial Sexual Relations in Southern Rhodesia, 1890-1933

McGill University, Montreal, Quebec, Canada
September 1991
140 Pages

Katherine Gombay

A Thesis submitted to the Faculty of Graduate Studies and Research in partial fulfillment of the requirements of the degree  of M.A.

For over forty years, at the turn of this century, the white settlers of Southern Rhodesia devoted considerable energy to the discussion and the regulation of inter-racial sexual relations. The settlers’ worries about maintaining their position in power were expressed, in part, in the periodic outbreaks of ‘black peril’ hysteria, a term which well-captures white fears about the threat that African men were thought to represent to white women. Although voluntary sexual encounters between white women and black men were prohibited from 1903 onwards, no such prohibition existed for white men in their relations with black women. The white women made several attempts to have legislation passed prohibiting such liasons, and failed largely because in doing so they were perceived to be challenging the authority of the white men. The regulation of interracial sexual intercourse thus served to reinforce the white male domination of Rhodesian society.

Table of Contents

• Introduction
• Chapter 1—Setting the Scene: The White Settlement of Southern Rhodesia, 1890-1903.
• Chapter 2—1903-1916: The Black Peril and the Immorality Acts.
• Chapter 3—The Miscegenation Debates, 1916 -1930.
• Conclusion
• Bibliography

Read the entire thesis here.

“Racially-Tailored” Medicine Unraveled

American University Law Review
Volume 55, Number 2 (December 2005)
pages 395-452

Sharona Hoffman, Professor of Law, Professor of Bioethics, and Associate Director of the Law-Medicine Center
Case Western Reserve University School of Law

Table of Contents

• Introduction
• I. “Race-Based” Research and Therapeutic Practices
  • A. The Story of BiDil
  • B. “Race-Based” Research
  • C. A Growing Interest in “Race-Based” Medicine: Why Now?
• II. Does “Race” Mean Anything?
  • A. “Race” in the Medical and Social Sciences
  • B. “Race” and the Law
  • C. Shifting the Focus Away from “Race”
• III. The Dangers of “Racial Profiling” in Medicine
  • A. Medical Mistakes
  • B. Stigmatization and Discrimination
  • C. Exacerbation of Health Disparities
• IV. Violation of Anti-Discrimination Provisions
  • A. Constitution and Federal Civil Rights Laws
  • B. State Laws Prohibiting Discrimination in the Medical Arena
    • 1. Civil rights statutes
    • 2. Hospital and medical facility licensing requirements
    • 3. Patients’ bill of rights laws
    • 4. Public services regulation
    • 5. Insurance codes
  • C. Violation of Research Regulations and Guidelines
    • 1. NIH policy and guidelines
    • 2. Federal research regulations
  • D. Discrimination Theory
• V. Recommendations
  • A. Review of Research Studies by Scientific Review Boards and IRBs
    • 1. Scientific reviews
    • 2. Institutional review boards
  • B. Investigators and Health Care Providers
  • C. Public Discourse Concerning Attribute-Based Medicine:The Responsibilities of Investigators, Institutions, and the Media
• Conclusion

Introduction

F.D.A. Approves a Heart Drug for African-Americans. This June 2005 headline announced the arrival of BiDil, a heart failure edication that is approved for African-Americans only. BiDil is the first drug in pharmaceutical history that will constitute standard therapy for only one particular “race.”Health care professionals are becoming increasingly interested in “racebased” medicine in the research and therapeutic contexts. Many researchers are attempting to discern “racial” differences in disease manifestation, biological functioning, and therapeutic response rates. As this approach develops, physicians may prescribe different dosages of medication for people of separate “races” or may provide them with entirely different drugs. In light of the success of BiDil, investigators are also likely to pursue the development of additional “racially-tailored” medications. In fact, several academic and professional conferences have already devoted significant time to the discussion of “race-based” medicine. On April 18, 2005, the University of Minnesota hosted aconference entitled Proposals for the Responsible Use of Racial & Ethnic Categories in Biomedical Research: Where Do We Go From Here? Likewise, the Eighth World Congress on Clinical Pharmacology and Therapeutics, held in 2004 in Brisbane, Australia, devoted an afternoon to ethnopharmacology.While “racial profiling” in medicine has generated significant discussion in medical and bioethics circles, it has thus far gained relatively little attention in legal literature. This Article aims to develop the discourse concerning this important topic. It argues that “race-based” medicine is an inappropriate and perilous approach. The argument is rooted partly in the fact that the concept of “race” is elusive and has no reliable definition in medical science, the social sciences, and the law.  Does “race” mean color, national origin, continent of origin, culture, or something else? What about the millions of Americans who are of mixed ancestral origins—to what “race” do they belong? To the extent that “race” means “color” in colloquial parlance, should physicians decide what testing to conduct or treatment to provide based simply on their visual judgment of the patient’s skin tone? “Race,” consequently, does not constitute a valid and sensible foundation for research or therapeutic decision-making.

Further, this Article contends that “racial profiling” in medicine can be dangerous to public health and welfare. A focus on “race,” whatever its meaning in the physician’s eye, can lead to medical mistakes if the doctor misjudges the patient’s ancestral identity or fails to recall that a particular condition affects several vulnerable groups and not just one “race.” The phenomenon can also lead to stigmatization and discrimination in the workplace and elsewhere if the public perceives certain “races” as more diseased or more difficult to treat than others. In addition, “racial profiling” could exacerbate health disparities by creating opportunities for health professionals to specialize in treating only one “race” or to provide different and inferior treatment to certain minorities. It could also intensify African-Americans’ distrust of the medical profession. Finally, “race-based” medicine might violate numerous anti-discrimination provisions contained in federal law, state law, and federal research regulations and guidelines…

…The Article will proceed as follows. Part I of the Article will describe “race-based” research and therapeutic practices and will examine the growing interest in “race-based” medicine and the reasons for it. Part II will argue that “race” is a concept that has no coherent meaning and that is potentially pernicious. Part III will focus on the dangers of “raciallytailored” medicine, and Part IV will analyze a variety of anti-discrimination mandates that could potentially be violated by the practice. Finally, Part V will detail recommendations for the development of attribute-based medicine in a manner that will promote the health and welfare of all population groups…

…This Article argues against substantial use of the concept of “race” in medical settings. A primary reason for this restriction is that “race” has no coherent meaning, and therefore, reliance upon it for research or treatment purposes can be confusing at best and can lead to significant adverse consequences at worst. This section will build the argument that based on medical science, the social sciences, and the law, “race” has no reliable definition or real meaning. Moreover, it is a pernicious concept that has been used to suggest that human beings can be divided into subspecies, some of which are morally, intellectually, and physically inferior to others. Thus, medical professionals should focus on more precise and meaningful aspects of human identity rather than on the amorphous concept of “race.”…

Read the entire article here.

Spinning on Margins: An Analysis of Passing as Communicative Phenomenon

Queen: a journal of rhetoric and power
Special Issue: Rehtorics of identity: Place, Race, Sex and the Person (January 2005)
From the conference held from 2005-01-20 through 2005-01-22 at the University of Redlands
21 pages

Marcia Alesan Dawkins, Visiting Scholar
Brown University

Acts of black-to-white racial passing in the United States represent a struggle between self-identity and the social structures into which one is born. From a historical perspective, passing is a strategy of representation through which light-skinned black Americans attempt(ed) to reconcile “two unreconciled ideals:” their limited opportunities as black people in a segregated society with their idealized life goals as full American citizens in the pre-civil rights era (DuBois, 1903; Gandy, 1998). In other words, passing is a strategy employed by many light-skinned black Americans to resolve being excluded from the general white world of social activity by “the vast veil;” the physical, legal, psychological, and social obstacles structurally embedded between blacks and whites (DuBois, 1903).

This individual paper employs Structuration Theory, legal precedent, literature and rhetorical analysis to respond to the following specific interrogations: (1) is it possible to develop a vocabulary about “passing,” which is an activity based on nonverbal communication and physicality and enshrouded in a code of silence? And, in a broader sense, (2) how do acts of passing themselves become communicative behaviors that express identity?

This three-pronged analysis of the passing phenomenon will work to call the ideological and epistemological foundations of race itself into question. First, Giddens’s Structuration Theory will explain that passers note a contextual diversity/dissonance at the macro level between the general white world of social activity and the general black world of social activity. Second, a rhetorical analysis of legal precedent will highlight America’s investment in race as the basis for defining and partaking in social and material privileges that become routine and critical aspects of day-to-day life. Court cases such as Plessy v. Ferguson, Brown v. Board of Education, and People v. Dean are pivotal points in tracing whiteness from “color to race to status to property” (Harris, 1993, p. 1714). Additionally, these cases address the debate of social versus legal whiteness as the grounds for constituting full participation in society. Third, available literature, including narratives written by enslaved Africans along with novels, diaries, and memoirs from the Harlem Renaissance, recounts tales of passing and the emotional and social tolls paid in the process (Harris, 1993; Johnson, 1912; Hughes, 1933; Williams, 1991; Ifekwunigwe, 1999). Rhetorical analysis of this literature will uncover the tropes of a vocabulary of passing and reveal race as a “fantasy theme” and social resource that individuals who are not in the mainstream of white America utilize to attain economic, political, and personal fulfillment.

Read the entire article here.

Rodney King juror: ‘My father was black’

Ventura County Star
Camarillo, California
2012-04-28

Gretchen Wenner, Staff Reporter

SQUAW VALLEY — Juror No. 8 from the Rodney King beating trial has always heard the 12-member panel described as either all white or as having no blacks.
 
Now, he wants the public to know that’s not the whole story: His father was a black man.
 
“Nobody’s ever guessed that I was black,” Henry King Jr. told The Star.
 
From the get-go, the media made a big thing about the jury having no blacks, said King, a 69-year-old retiree living in Fresno County.

“It made you feel like they didn’t think we could come out with a fair verdict because we were supposed to be an all-white jury,” he said…

…”There are a few things about me that people don’t know,” he initially said, then choked back tears before saying his father was black.
 
It’s something he didn’t share with other jurors during the trial and doesn’t recall sharing when they occasionally socialized afterward. Nor had he talked about it with a reporter.
 
“Forty years ago, you really didn’t say that you were part black,” said King. “Now, I’m proud of it.”
 
When he applied last year to be on the Fresno County Grand Jury, one of the first things he told them was that his father was black.
 
“They thought I was joking,” he said.
 
During interviews on the phone and at his home on 5 acres in the southern Sierra Nevada foothills, King shared family photos and thoughts on his background and the trial. Both of his parents have since died.
 
“I look pretty white,” said King, whose friends call him Hank. “If you looked at me, you wouldn’t know I had black blood in me.”
 
His eyes are blue; his skin is light.
 
King variously described himself as part black, as having black blood and occasionally as black or mixed-race.
 
“I don’t know if you would say mulatto or what,” he said at one point.
 
In his younger years, he didn’t often think about his racial background…

Read the entire article here.

The ambivalence of authority and secret lives of tears: transracial child placements and the historical development of South African Law

Journal of Southern African Studies
Volume 18, Issue 2, (June 1992)
pages 372-404
DOI: 10.1080/03057079208708319

Frederick Noel Zaal, Professor of Law
University of Kwazulu-Natal

The negative attitudes towards racially mixed familial groups which underlay many mid‐twentieth century South African statutes had deep historical roots. Early in the seventeenth century it became fashionable for Dutch travellers to write memoirs in which they routinely condemned the effects of transracial sexual relationships which they had witnessed in the colonies of other nations and in which they ascribed witch-like powers to women of colour who consorted with Europeans. The pessimistic mythology about miscegenation that was thus begun affected policy makers when the Dutch East India Company subsequently began to establish the first Dutch colonies in the East Indies. Both in the Indies and at the small Dutch colony in South Africa, uncomfortable tensions resulted because of the fears and racial prejudice engendered by this mythology in the face of a contrary need to assimilate the offspring of miscegenation. In South Africa the legal mechanisms which the Dutch East India Company had developed to cater for this need were forgotten by the late nineteenth century. However, the mythology about the undesirability of racially mixed familial groups lived on into the twentieth century. As the century progressed, it resulted in an erosion of the legal status and rights of children whose parents were given different population group classifications by a government which steadily increased the number of such groups. During the period 1960–1990 there was a series of governmental attempts to prevent the artificial creation of mixed familial groups by prohibiting transracial adoptions. The legislation which was designed for this purpose remained ambiguously worded because modern Western notions about the rights and vulnerability of children compelled a covert approach. In the early 1990s, as the white minority fears for its future, there has been an unwitting return to the kind of selectively acquisitive child placement strategies once utilized by the Dutch East India Company.

Read or purchase the article here.