Tag: Kevin Maillard

  • Looking back to Loving as the official birth of Multiracial America reinforces the prevailing memory of racial separatism while further underscoring the illegitimacy of miscegenations past. By establishing racial freedom in marriage, Loving also sets a misleading context for the history of mixed race in America. Even though Loving instigates the open acceptance of interracialism,…

  • The Anatomy of Grey: A Theory of Interracial Convergence College of Law Faculty Scholarship Paper 74 January 2008 56 pages Kevin Maillard, Associate Professor of Law Syracuse University Janis L. McDonald, Professor of Law Syracuse University This article offers a theory of racial identity divorced from biological considerations. Law fails to recognize the complexity of…

  • Tribal Rights vs. Racial Justice: Was the Cherokee Nation’s expulsion of black Freedmen an act of tribal sovereignty or of racial discrimination? The New York Times Room for Debate 2011-09-15 Kevin Maillard, Associate Professor of Law Syracuse University Matthew L. M. Fletcher, Professor of Law Michigan State University Cara Cowan-Watts, Acting Speaker Cherokee Nation Tribal…

  • Half-Hearted Loving The Faculty Lounge: Conversations about law, culture, and academia 2011-06-13 Kevin Maillard, Associate Professor of Law Syracuse University Yesterday, June 12, marked the annual celebration of Loving Day.  This event commemorated the 1967 Supreme Court case of Loving v. Virginia, which invalidated the state’s Racial Integrity Act that prohibited interracial marriages.  Notably, Virginia’s…

  • The Pocahontas Exception: The Exemption of American Indian Ancestry from Racial Purity Law bepress Legal Series Working Paper 1572 2006-08-18 47 pages Kevin N. Maillard, Associate Professor of Law Syracuse University “The Pocahontas Exception” confronts the legal existence and cultural fascination with the eponymous “Indian Grandmother.” Laws existed in many states that prohibited marriage between…

  • The Color of Testamentary Freedom Southern Methodist University Law Review Volume 62 p. 1783 2009 Kevin Noble Maillard, Associate Professor of Law Syracuse University Wills that prioritize the interests of nontraditional families over collateral heirs test courts’ dedication to observing the posthumous wishes of testators. Collateral heirs who object to will provisions that redraw the…

  • Slaves in the Family: Testamentary Freedom and Interracial Deviance 2008 50 pages Kevin Noble Maillard, Associate Professor of Law Syracuse University This Article addresses the deviance of interracial sexuality acknowledged in testamentary documents. The language of wills calls into question the authority of probate and family law by forcing issues of deviance into the public…