Mixed Race Studies

Legal Fictions: Constituting Race, Composing Literature

Duke University Press
January 2014
176 pages
3 photographs
Paperback ISBN: 978-0-8223-5595-3
Cloth ISBN: 978-0-8223-5581-6

Karla FC Holloway, James B. Duke Professor of English; Professor of Law; Professor of Women’s Studies
Duke University

In Legal Fictions, Karla FC Holloway both argues that U.S. racial identity is the creation of U.S. law and demonstrates how black authors of literary fiction have engaged with the law’s constructions of race since the era of slavery. Exploring the resonance between U.S. literature and U.S. jurisprudence, Holloway reveals Toni Morrison’s Beloved and Charles Johnson’s Middle Passage as stories about personhood and property, David Bradley’s The Chaneysville Incident and Ralph Ellison’s Invisible Man as structured by evidence law, and Nella Larsen’s Passing as intimately related to contract law. Holloway engages the intentional, contradictory, and capricious constructions of race embedded in the law with the same energy that she brings to her masterful interpretations of fiction by U.S. writers. Her readings shed new light on the many ways that black U.S. authors have reframed fundamental questions about racial identity, personhood, and the law from the nineteenth into the twenty-first centuries. Legal Fictions is a bold declaration that the black body is thoroughly bound by law and an unflinching look at the implications of that claim.

Table of Contents

• Preface
• Introduction: Bound by Law
  • Intimate Intersectionalities—Scalar Reflections
  • Public Fictions, Private Facts
  • Simile as Precedent
  • Property, Contract, and Evidentiary Values
• 1. The Claims of Property: On Being and Belonging
  • The Capital in Question
  • Imagined Liberalism
  • Mapping Racial Reason
  • Being in Place: Landscape, Never Inscape
• 2. Bodies as Evidence (of Things Not Seen)
  • Secondhand Tales and Hearsay
  • Black Legibility—Can I Get a Witness?
  • Trying to Read Me
• 3. Composing Contract
  • “A novel-like tenor”
  • Passing and Protection
  • A Secluded Colored Neighborhood
• Epilogue. When and Where “All the Dark-Glass Boys” Enter
• A Contagion of Madness
• Notes
• References
• Acknowledgments
• Index

A Show of Justice: Racial ‘Amalgamation’ in Nineteenth Century New Zealand

Auckland University Press
1974
400 pages
230 x 150 mm, illustrations
Paperback ISBN: 9781869401214

Alan Ward

First published in 1974, A Show of Justice remains the essential and definitive text on official policies towards the Māori people in the nineteenth century. Professor Ward shows how an understanding of the past explains why Māori today, formally equal under the law, continue having to demand rights assured under the Treaty of Waitangi and why major issues have yet to be recognised and addressed. A Show of Justice also has a glossary of Māori terms, a full index and notes.

Colloquium: Blinded by Sight: Seeing Race Through the Eyes of the Blind

University of Pennsylvania
103 McNeil Building
3718 Locust Walk
Philadelphia, Pennsylvania 19104-6299
Wednesday, 2014-01-29, 12:00-13:00 EST (Local Time)

Osagie K. Obasogie, Professor of Law
University of California, Hastings College of the Law

Professor Obasogie’s research attempts to bridge the conceptual and methodological gaps between empirical and doctrinal scholarship on race. This effort can be seen in his recent work that asks: how do blind people understand race? By engaging in qualitative research with individuals who have been totally blind since birth, this project provides an empirical basis from which to rethink core assumptions embedded in social and legal understandings of race. His first article from this project won the Law & Society Association’s John Hope Franklin Prize in addition to being named runner-up for the Distinguished Article Award by the Sociology of Law Section of the American Sociological Association.  This research provides the basis for Professor Obasogie’s first book, Blinded By Sight, which is forthcoming with Stanford University Press.

His scholarship also looks at the past and present roles of science in both constructing racial meanings and explaining racial disparities. This is tied to his interest in bioethics, particularly the social, ethical, and legal implications of reproductive and genetic technologies. Obasogie’s second book, Beyond Bioethics: Towards a New Biopolitics (with Marcy Darnovsky) is currently under contract with the University of California Press…

For more information, click here.

Blinded by Sight: Seeing Race Through the Eyes of the Blind

Stanford University Press
November 2013
288 pages
Cloth ISBN: 9780804772785
Paper ISBN: 9780804772792

Osagie K. Obasogie, Professor of Law
University of California, Hastings College of the Law
Also University of California, San Francisco, Department of Social and Behavioral Sciences

Colorblindness has become an integral part of the national conversation on race in America. Given the assumptions behind this influential metaphor—that being blind to race will lead to racial equality—it’s curious that, until now, we have not considered if or how the blind “see” race. Most sighted people assume that the answer is obvious: they don’t, and are therefore incapable of racial bias—an example that the sighted community should presumably follow. In Blinded by Sight, Osagie K. Obasogie shares a startling observation made during discussions with people from all walks of life who have been blind since birth: even the blind aren’t colorblind—blind people understand race visually, just like everyone else. Ask a blind person what race is, and they will more than likely refer to visual cues such as skin color. Obasogie finds that, because blind people think about race visually, they orient their lives around these understandings in terms of who they are friends with, who they date, and much more.

In Blinded by Sight, Obasogie argues that rather than being visually obvious, both blind and sighted people are socialized to see race in particular ways, even to a point where blind people “see” race. So what does this mean for how we live and the laws that govern our society? Obasogie delves into these questions and uncovers how color blindness in law, public policy, and culture will not lead us to any imagined racial utopia.

Loving v. Virginia as a Civil Rights Decision

Cosponsored by the Center for African American Studies and the Program in Law and Public Affairs
102 Jones Hall
Princeton University
Princeton, New Jersey
Monday, 2013-12-09, 12:00-13:20 EST (Local Time)

Dorothy E. Roberts, George A. Weiss University Professor of Law and Sociology; Raymond Pace and Sadie Tanner Mossell Alexander Professor of Civil Rights
University of Pennsylvania

The Workshop in American Studies brings together students and faculty from the wide range of departments that contribute to the Program in American Studies. By encouraging a diversity of topics from researchers from a variety of departments, we hope the Workshop highlights the advantages of the “in-between” disciplinary space that American Studies inhabits at Princeton. Our goal is to provide a forum where presenters can receive feedback from a wide variety of disciplinary perspectives and participants can be exposed to new methodologies and new topics for research. Moreover, we hope to foster a community of advanced undergraduates, graduate students and faculty who share in the common project of researching the American experience.

The format of the workshop is that the speaker introduces the paper for ten minutes and then we open up the floor to questions. Copies of the papers are made available outside the American Studies office, 42 McCosh Hall…

For more information and reservations, click here.

American Identity in the Age of Obama

Routledge
2013-11-28
250 pages
Hardback ISBN: 978-0-415-72201-8

Edited by:

Amílcar Antonio Barreto, Associate Professor of Political Science
Northeastern University, Boston, Massachusetts

Richard L. O’Bryant, Assistant Professor of Political Science; Director of the John D. O’Bryant African American Institute
Northeastern University, Boston, Massachusetts

The election of Barack Obama as the 44th president of the United States has opened a new chapter in the country’s long and often tortured history of inter-racial and inter-ethnic relations. Many relished in the inauguration of the country’s first African American president — an event foreseen by another White House aspirant, Senator Robert Kennedy, four decades earlier. What could have only been categorized as a dream in the wake of Brown vs. Board of Education was now a reality. Some dared to contemplate a post-racial America. Still, soon after Obama’s election a small but persistent faction questioned his eligibility to hold office; they insisted that Obama was foreign-born. Following the Civil Rights battles of the 20th century hate speech, at least in public, is no longer as free flowing as it had been. Perhaps xenophobia, in a land of immigrants, is the new rhetorical device to assail what which is non-white and hence un-American. Furthermore, recent debates about immigration and racial profiling in Arizona along with the battle over rewriting of history and civics textbooks in Texas suggest that a post-racial America is a long way off.

What roles do race, ethnicity, ancestry, immigration status, locus of birth play in the public and private conversations that defy and reinforce existing conceptions of what it means to be American?

This book exposes the changing and persistent notions of American identity in the age of Obama. Amílcar Antonio Barreto, Richard L. O’Bryant, and an outstanding line up of contributors examine Obama’s election and reelection as watershed phenomena that will be exploited by the president’s supporters and detractors to engage in different forms of narrating the American national saga. Despite the potential for major changes in rhetorical mythmaking, they question whether American society has changed substantively.

Contents

• Introduction: The Age of Obama and American Identity; Amílcar Antonio Barreto and Richard L. O’Bryant
• 1. Obama and Enduring Notions of American National Identity; Amílcar Antonio Barreto
• 2. Racial Identification in a Post Obama Era: Multiracialism, Identity Choice and Candidate Evaluation; Natalie Masuoka
• 3. The Son of a Black Man from Kenya and a White Woman from Kansas: Immigration and Racial Neoliberalism in the Age of Obama; Josue David Cisneros
• 4. Immigrant Resentment and American Identity in the Twenty-First Century; Deborah J. Schildkraut
• 5. Browning our way to Post-Race: Identity, Identification, and Securitization of Brown; Kumarini Silva
• 6. White Masculinities in the Age of Obama: Rebuilding or Reloading?; Steven D. Farough
• 7. “Exceptionally Distinctive: President Obama’s Complicated Articulation of American Exceptionalism; Joseph M. Valenzano and Jason A. Edwards
• 8. Barack Obama’s Foreign Policy Leadership: Renewing America’s Image; Mark A. Menaldo
• 9. The First Black President?: Cross-Racial Perceptions of Barack Obama’s Race; David Wilson and Matthew Hunt

All in the Family: Interracial Intimacy, Racial Fictions, and the Law

California Law Review Circuit
Volume 4 (November 2013)
pages 179-186

D. Wendy Greene, Professor of Law
Cumberland School of Law, Samford University, Birmingham, Alabama

Professor Wendy Greene highlights the continued importance of analyzing interracial relationships in the framework of the law in her review of Professor Angela Onwuachi-Willig’s book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family. Professor Greene comments that given the Supreme Court’s continued interest in cases involving marital and racial equality, a study of the legal history of interracial marriage in America, like that done by Professor Onwuachi-Willig, is both relevant and essential for understanding fundamental rights jurisprudence.

Read the entire article here.

There’s a long story behind ‘anti-Haitianismo’ in the Dominican Republic

PRI’s The World
Public Radio International
2013-11-14

Christopher Woolf, Producer

Tens of thousands of people in the Dominican Republic are being stripped of their citizenship, on the grounds that they or their ancestors were illegal immigrants.  Thousands have already been deported across the border to Haiti, because it is assumed all illegal migrants come from there.

The court ruling applies to anyone whose family arrived in the country after 1929 and can’t document their status. Being born in the Dominican Republic doesn’t make a difference.

Some are calling it the latest manifestation of “anti-Haitianismo” in the Dominican Republic. Both countries are on the same island of Hispaniola.

Their relations are a story of race, identity, and money. The Dominican Republic is not a rich country, but it’s a lot better off than its neighbor, Haiti.

In terms of per capita GDP, it’s about six times richer. So thousands of Haitians go to the Dominican Republic to find work. Haitians and their descendants may make up as many as one in ten of the Dominican Republic’s population. Some Dominicans are unhappy about that, as they see Haitians as different, and some fear for the identity of their nation.

Haitians are different from their Dominican neighbors in several ways. Firstly, language: most Dominicans speak Spanish, while most Haitians speak Creole, based on French. Then, there’s the issue of race.

Haiti is overwhelmingly black; whereas Dominicans identify more with the European part of their heritage, rather than the African part. Most Americans would describe most Dominicans as black. And DNA tests taken over the last decade confirm that most Dominicans have black ancestry in their family history to varying degrees.

But race in the Dominican Republic and in other parts of the Caribbean does not mean the same thing as it does in the United States. Dominicans use a variety of words to self-identify, such as moreno, trigueno, and blanco-oscuro, indicating different colors or different types of mixed racial origins. But not many will choose the term “black.”…

Read the entire article and listen to the story here.

Know Louisiana: Storyville (1897-1917)

NolaVie: Life and Culture in New Orleans
2013-11-14

with Louisiana Endowment for the Humanities

Emily Epstein Landau
Department of History
University of Maryland, College Park

As part of a new collaboration with the Louisiana Endowment for the Humanities, NolaVie will spotlight entries from KnowLA.org—the Digital Encyclopedia of Louisiana, including unique events and people in our state’s history.

This month, we commemorate the end of Storyville. On November 12th, 1917, Mayor Martin Behrman acquiesced to pressure from the US Navy and ordered the red light district closed at midnight. Here’s the story, written by Emily Landau.

Created by municipal ordinance in 1897, Storyville was New Orleans’s infamous red-light district. It remained open until 1917, when the federal government shut it down as part of a nationwide crackdown on vice districts. While Storyville was only one of many red-light districts during these years—every major and most minor American cities hosted at least one such district—it stood out for several reasons.

First, New Orleans had long maintained an international reputation for sexual license and a flamboyant disregard of traditional morality. Storyville’s notoriety perpetuated that image of the city and raised it to a new level. Second, New Orleans’s history as a French, and then Spanish, colonial city lent it a foreign feel, even after nearly a century of American rule. This foreign-ness, along with its subtropical climate and large mixed-race population, made New Orleans an exotic enclave within the Deep South.

Storyville took advantage of the city’s colorful history by promoting the availability of both “French” and “octoroon” women in its guidebooks and through tabloid press. “French,” in the context of a sex district, signaled special sexual services; women purported to be one-eighth black were available for the exclusive use of white gentlemen, recalling the antebellum quadroon balls. In addition to so-called octoroons, Storyville further violated the segregation laws by advertising “colored” and later “black” women for the use of white men. Sex across the color line was, according to a prominent citizen in the 1910s, Storyville’s “notorious attraction.”…

Read the entire article here.

Red: Racism and the American Indian

UCLA Law Review
Volume 56, Issue 3 (February 2009)
pages 591-656

Bethany R. Berger, Thomas F. Gallivan, Jr. Professor of Real Property Law
University of Connecticut

How does racism work in American Indian law and policy? Scholarship on the subject too often has assumed that racism works for Indians in the same way that it does for African Americans, and has therefore either emphasized the presence of hallmarks of black-white racism, such as uses of blood quantum, as evidence of racism, or has emphasized the lack of such hallmarks, such as prohibitions on interracial marriage, to argue that racism is not a significant factor. This Article surveys the different eras of Indian-white interaction to argue that racism has been important in those interactions, but has worked in a distinctive way. North Americans were not primarily concerned with using Indian people as a source of labor, and therefore did not have to theorize Indians as inferior individuals to control that labor. Rather, the primary concern was to obtain tribal resources and use tribes as a flattering foil for American society and culture. As a result, it was necessary to theorize tribal societies as fatally and racially inferior groups, while emphasizing the ability of Indian individuals to leave their societies and join non-Indian ones. This theory addresses the odd paradox that the most unquestionably racist eras in Indian-white interaction emphasized and encouraged assimilation of Indian individuals. It also contributes to the ongoing effort to understand the varying manifestations of racism in a multiracial America. Most important, it provides a new perspective on efforts to curtail tribal sovereignty in the name of racial equality, revealing their connection to historic efforts to maintain the inferiority of Indian tribes by treating them as racial groups rather than political entities with governmental rights.

Read the entire article here.