Mixed Race Studies

Loren Miller: Civil Rights Attorney and Journalist

University of Oklahoma Press
September 2015
304 pages
6.125″ x 9.25″
Hardcover ISBN: 9780806149165

Amina Hassan, Consultant & Researcher
The Azara Group, New York, New York

Loren Miller was one of the nation’s most prominent civil rights attorneys from the 1940s through the early 1960s, particularly in the fields of housing and education. With co-counsel Thurgood Marshall, he argued two landmark civil rights cases before the U.S. Supreme Court, whose decisions effectively abolished racially restrictive housing covenants. One of these cases, Shelley v. Kraemer (1948), is taught in nearly every American law school today. Loren Miller: Civil Rights Attorney and Journalist recovers this remarkable figure from the margins of history and for the first time fully reveals his life for what it was: an extraordinary American story and a critical chapter in the annals of racial justice.

Born the son of a former slave and a white midwesterner in 1903, Loren Miller lived the quintessential American success story, both by rising from rural poverty to a position of power and influence and by blazing his own path. Author Amina Hassan reveals Miller as a fearless critic of the powerful and an ardent debater whose acid wit was known to burn “holes in the toughest skin and eat right through double-talk, hypocrisy, and posturing.”

As a freshly minted member of the bar who preferred political activism and writing to the law, Miller set out for Los Angeles from Kansas in 1929. Hassan describes his early career as a fiery radical journalist, as well as his ownership of the California Eagle, one of the longest-running African American newspapers in the West. In his work with the California branch of the ACLU, Miller sought to halt the internment of West Coast Japanese citizens, helped integrate the U.S. military and the L.A. Fire Department, and defended Black Muslims arrested in a deadly street battle with the LAPD. Hassan charts Miller’s ceaseless commitment to improving the lives of Americans regardless of their race or ethnicity. In 1964, Governor Edmund G. Brown appointed Miller as a Municipal Court justice for Los Angeles County.

The story told here in full for the first time is of a true American original who defied societal limitations to reshape the racial and political landscape of twentieth-century America.

Employee’s Change in Racial Self-Identification Cannot Support Discrimination Claim if Employer Unaware of Change

JD Supra Business Advisor
2015-10-05

Jonathan Crotty
Parker Poe Adams & Bernstein LLP, Charlotte, North Carolina

Michael Vanesse
Parker Poe Adams & Bernstein LLP, Charlotte, North Carolina

In recent years, more Americans have begun identifying themselves as biracial or of mixed racial heritage. This shift has resulted in changes to census and other forms where people are asked to self-identify by race. In addition, some persons of mixed heritage may change their personal identification with one racial category over time. However, as recently pointed out by the Eleventh Circuit Court of Appeals, this change cannot form the basis for a race discrimination claim if unknown to the employer at the time the questioned decisions were made.

In Fagerstrom v. City of Savannah, the plaintiff was a police captain of Swedish and Japanese heritage. When filling out forms used for affirmative action purposes, the plaintiff had identified himself as white. When passed over for promotion to major, the plaintiff sued, alleging that he had been discriminated against based on his race in favor of two white captains. The plaintiff said that he changed his self-identification to Asian-American several years previously…

Read the entire article here.

EXCLUSIVE: Race relations in America are ‘getting worse,’ says James Blake’s mother Betty, a white Briton who raised 2 black sons in New York

The New York Daily News
2015-09-17

Betty Blake, Special to the New York Daily News

Betty Blake with her youngest son James Blake at the 2012 Legends Ball in New York City. Michael Hickey/WireImage

Betty Blake, 80, is the mother of retired tennis star James Blake. Betty, who is white and grew up in England, talks about raising two sons who are black.

In an interview about the events last week that happened to my youngest son, I said that it takes an incident like this to make me truly realize that two of my sons are black.

When you love someone you see the inside, not the outside. I know James wants to focus on the unnecessary aggression, and he’s right, but when you hear (all too often lately) of a confrontation between a white police officer and a young black male, the inference is unavoidable…

Read the entire article here.

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.