Perpetual Suspects: A Critical Race Theory of Black and Mixed-Race Experiences of Policing

Posted in Books, Law, Media Archive, Monographs, Social Justice, Social Science, United Kingdom on 2019-03-15 18:51Z by Steven

Perpetual Suspects: A Critical Race Theory of Black and Mixed-Race Experiences of Policing

Palgrave Macmillan
2018
231 pages
Hardcover ISBN: 978-3-319-98239-7
eBook ISBN: 978-3-319-98240-3
DOI: 10.1007/978-3-319-98240-3

Lisa J. Long, Senior Lecturer in Criminology
Leeds Beckett University, Leeds, United Kingdom

  • Provides a new, theoretical, intersectional and critical framework of race and policing
  • Presents a powerful account on the continuing entrenchment of racialised policing in the UK
  • Forwards thinking in the current, highly contested set of debates surrounding this issue

Grounded in Critical Race Theory (CRT), this book examines black and mixed-race men and women’s experiences of policing in the UK. Through an intersectional analysis of race, class and gender it analyses the construction of the suspect, illuminating the ways in which race and racism(s) shape police contact. This counter-story to the dominant narrative challenges the erasure of race through the contemporary ‘diversity’ agenda. Overall, this book proposes that making racism visible can disrupt power structures and make change possible. It makes a timely contribution to this significantly under-researched area and will be of interest to students, educators and scholars of Criminology, Social Sciences, Law and Humanities. It will also be of interest to criminal justice practitioners, communities and activists.

Table of contents

  • Introduction
  • Racialisation and Criminalisation of ‘Blackness’
  • Policing the Racialised Other
  • ‘Babylon Remove the Chain, Now They’re Using the Brain’: Race and the Perpetual Suspect
  • The (Un)Victim of Crime: Racialised Victims and the Police
  • Gendered Experiences of Racialised Policing
  • Race, Class and Belonging
  • A Critical Race Theory of Racialised Policing?
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Black mixed-race men’s perceptions and experiences of the police

Posted in Articles, Law, Media Archive, Social Justice, United Kingdom on 2019-03-15 18:10Z by Steven

Black mixed-race men’s perceptions and experiences of the police

Ethnic and Racial Studies
Volume 42, 2019 – Issue 2
pages 198-215
DOI: 10.1080/01419870.2017.1417618

Lisa J. Long, Senior Lecturer in Criminology
Leeds Beckett University, Leeds, United Kingdom

Remi Joseph-Salisbury, Senior Lecturer in Education Studies
Leeds Beckett University, Leeds, United Kingdom

For black people in Britain, policing has long been a site of oppression and resistance. Whilst substantive change has been lacking, institutional racism within the British police has at least been acknowledged. Concomitantly, Critical Mixed Race Studies (CMRS) has shown that much of the race and ethnicity literature ignores the experiences of mixed-race populations. In this paper, we utilize two studies to consider black mixed-race men’s perceptions and experience of policing in Britain. In total, we draw upon interviews with 17 black mixed-race men. Whilst we recognize that their experiences are often homogenized with blackness, in the context of police contact, we show that many black mixed-race men believe they are seen as part of a black monolith. We conclude that, in this context, mixedness does not bring about clearly differentiated experiences from that of black men. The absence of clear particularities to mixedness is of significance to CMRS.

Read the entire article here.

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What is Racial Passing?

Posted in Economics, History, Law, Media Archive, Native Americans/First Nation, Passing, Slavery, United States, Videos on 2019-03-03 03:59Z by Steven

What is Racial Passing?

Digital Studios: Origin of Everything
PBS Digital Studios
Public Broadcasting Service
Season 2, Episode 13 (First Aired: 2019-02-27)

Danielle Bainbridge, Host, Writer, and Postdoctoral Fellow
Northwestern University, Evanston, Illinois

What motivates someone to disguise their race, gender, religion, etc.? Today Danielle explores the complicated history of passing in the United States.

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People of Mixed Ancestry in the Seventeenth-Century Chesapeake: Freedom, Bondage, and the Rise of Hypodescent Ideology

Posted in Articles, History, Law, Media Archive, Native Americans/First Nation, Slavery, United States, Virginia on 2019-02-26 01:58Z by Steven

People of Mixed Ancestry in the Seventeenth-Century Chesapeake: Freedom, Bondage, and the Rise of Hypodescent Ideology

Journal of Social History
Volume 52, Number 3, Spring 2019
pages 593-618
DOI: 10.1093/jsh/shx113

A. B. Wilkinson, Assistant Professor of History
University of Nevada, Las Vegas

This article examines the origins of mixed-race ideologies and people of mixed African, European, and Native American ancestry—commonly identified as mulattoes—in the seventeenth-century English colonial Chesapeake and wider Atlantic world. Arguably, for the better part of the century, English colonial societies in the Chesapeake resembled Latin America and other Atlantic island colonies in allowing a relatively flexible social hierarchy, in which certain mixed-heritage people benefitted from their European lineage. Chesapeake authorities began to slowly set their provinces apart from their English colonial counterparts in the 1660s, when they enacted laws to deter intimate intermixture between Europeans and other ethnoracial groups and set policies that punished mixed-heritage children. Colonial officials attempted to use the legal system to restrict people of mixed ancestry, Africans, and Native Americans in bondage. These efforts supported the ideology of hypodescent, where children of mixed lineage are relegated more closely to the position of their socially inferior parentage. However, from the 1660s through the 1680s, these laws were unevenly enforced, and mixture increased with the growth of African slaves imported into the region. While many mulattoes were enslaved during this period, others were able to rely on their European heritage or racial whiteness. This allowed them to gain or maintain freedom for themselves and their families, before Virginia and Maryland institutionalized greater restrictions in the 1690s.

Read or purchase the article here.

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A Study of the Wyoming Miscegenation Statutes

Posted in Articles, Law, Media Archive, United States on 2019-02-04 01:33Z by Steven

A Study of the Wyoming Miscegenation Statutes

Wyoming Law Journal
Volume 10, Number 2 (1956)
pages 131-138

William E. Foster

The first ban on interracial marriage was passed in Maryland in 1661.1 Since that time, forty states have followed with statutory bans on interracial marriages.2 Twenty-nine states still have such prohibitions.3 Six of these states have constitutional bans as well as statutory provisions prohibiting such marriages.4 However, Iowa, Kansas, Maine, Massachusetts, Michigan, New Mexico, Ohio, Pennsylvania, Rhode Island, and Washington have repealed the miscegenation statutes which were once in effect in those states;5 and the Supreme Court of California has held its statute unconstitutional.6 While all twenty-nine states which have miscegenation statutes have provisions barring marriage of a White to a Negro,7 twelve states also have provisions which would bar marriage of Whites to various classifications of Asiatics.8 Three states in their statutes bar marriages of Whites to “Africans,” and have no explicit mention of Negroes;9 this type of statute would technically apply to the Dutch Afrikanders as well as to the Negro.10

…The Wyoming miscegenation law is composed of two sections.18 The first, section 50-108, will be referred to as the prohibition section, and the second, section 50-109, will be referred to as the enforcement section. These statutes are both derived from one Act, chapter 57 of the Wyoming Session Laws of 1913, which was originally introduced as House Bill 153 of that year and was passed February 22, 1913, to take effect immediately upon its passage.19 The present statutes are unchanged from their original form. The Wyoming prohibition section reads: All marriages of white persons with Negroes, Mulattoes, Mongolians or Malays hereafter contracted in the state of Wyoming are and shall be illegal and void.20

And the Wyoming enforcement section is:

Whosoever shall knowingly contract marriage in fact contrary to the prohibitions in the preceding section, and whosoever shall knowingly solemnize any such marriage shall be deemed guilty of a misdemeanor, and upon being convicted thereof, shall lie punished by a fine of not less than one hundred dollars, nor more than one thousand dollars, or imprisonment of not less than one year nor more than five years, or both, at the discretion of the court which shall try the cause.21

The Wyoming prohibition provision is characterized by its brevity; evidently the legislature did not see fit to define further any of the classifications set forth. Nor have there been any Wyoming cases dealing with racial intermarriages or interpreting this statute. However, when the Wyoming courts first deal with this problem, they will be faced with the formidable question of interpreting the prohibition provision. The very brevity of the statute gives rise to the largest problem-who comes within the prohibition of the statute?…

Read the entire article here.

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Faculty Enrichment Lecture – Tanya K. Hernandez, “Multiracials and Civil Rights”

Posted in Law, Live Events, Media Archive, United States on 2019-01-27 03:10Z by Steven

Faculty Enrichment Lecture – Tanya K. Hernandez, “Multiracials and Civil Rights”

RLL Faculty Lounge
Beverly Rogers Literature and Law Building
University of Nevada, Las Vegas
2019-01-28, 12:00-13:30 PST (Local Time)

Tanya Katerí Hernández, is the Archibald R. Murray Professor of Law at Fordham University School of Law, where she teaches Anti-Discrimination Law, Comparative Employment Discrimination, Critical Race Theory, The Science of Implicit Bias and the Law: New Pathways to Social Justice, and Trusts & Wills. She received her A.B. from Brown University, and her J.D. from Yale Law School, where she served as Note Topics Editor of the Yale Law Journal.

Professor Hernández, is an internationally recognized comparative race law expert and Fulbright Scholar who has visited at the Université Paris Ouest Nanterre La Défense, in Paris and the University of the West Indies Law School, in Trinidad. She has previously served as a Law and Public Policy Affairs Fellow at Princeton University, a Faculty Fellow at the Institute for Research on Women at Rutgers University; a Non-resident Faculty Fellow at the Fred T. Korematsu Center for Law and Equality, and as an Independent Scholar in Residence at the Schomburg Center for Research in Black Culture. Professor Hernández is a Fellow of the American Bar Foundation, the American Law Institute, and the Academia Puertorriqueña de Jurisprudencia y Legislación. Hispanic Business Magazine selected her as one of the 100 Most Influential Hispanics of 2007. Professor Hernández serves on the editorial boards of the Revista Brasileira de Direito e Justiça/Brazilian Journal of Law and Justice, and the Latino Studies Journal published by Palgrave-Macmillian Press.

Professor Hernández’s scholarly interest is in the study of comparative race relations and anti-discrimination law, and her work in that area has been published in numerous university law reviews like Cornell, Harvard, N.Y.U., U.C. Berkeley, Yale and in news outlets like the New York Times, among other publications including her book Racial Subordination in Latin America: The Role of the State, Customary Law and the New Civil Rights Response (including Spanish and Portuguese translation editions). Her most recent publication is the book “Multracials and Civil Rights: Mixed-Race Stories of Discrimination.”

For more information, click here.

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This edition: Moiya McTier, Mekita Rivas and Tanya Hernandez

Posted in Asian Diaspora, Autobiography, Law, Media Archive, United States, Videos, Women on 2019-01-19 05:29Z by Steven

This edition: Moiya McTier, Mekita Rivas and Tanya Hernandez

Shades of U.S.
CUNY TV
The City University of New York
Original tape date: 2018-10-19
First aired: 2019-01-17

From a cabin in the woods without running water to astronomy Ph.D. candidate, Moiya McTier uses her platform to advocate for women of color in the sciences. Then, growing up Filipina and Mexican in Nebraska could be confusing, but Mekita Rivas finds her style as a fashion journalist. And last, Hell’s Kitchen-bred Tanya Hernández knows discrimination first hand, so she builds a legal career fighting it.

Guest List

Watch the entire episode (00:26:46) here.

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Partus sequitur ventrem: Law, Race, and Reproduction in Colonial Slavery

Posted in Articles, History, Law, Media Archive, Slavery, United States, Virginia, Women on 2019-01-05 02:50Z by Steven

Partus sequitur ventrem: Law, Race, and Reproduction in Colonial Slavery

Small Axe: A Caribbean Journal of Criticism
Volume 22, Number 1 (55) (2018-03-01)
pages 1-17
DOI: 10.1215/07990537-4378888

Jennifer L. Morgan, Professor Of Social And Cultural Analysis & History
New York University

Issue Cover

From the moment of its introduction into the Atlantic world, hereditary racial slavery depended on an understanding that enslaved women’s reproductive lives would be tethered to the institution of slavery. At the same time, few colonial slave codes explicitly defined the status of these children. This essay explores English slave codes regarding reproduction under slavery alongside the experience of reproduction to suggest that legislative silences are not the final word on race and reproduction. The presumption that their children would also be enslaved produced a visceral understanding of early modern racial formations for enslaved women. Using a seventeenth-century Virginia slave code as its anchor, this essay explores the explicit and implicit consequences of slaveowners’ efforts to control enslaved women’s reproductive lives.

Whereas some doubts have arisen whether children got by any Englishman upon a negro woman shall be slave or free, Be it therefore enacted and declared by this present grand assembly, that all children borne in this country shall be held bond or free only according to the condition of the mother—Partus Sequitur Ventrem. And that if any Christian shall commit fornication with a negro man or woman, hee or shee soe offending shall pay double the fines imposed by the former act. —Laws of Virginia, 1662 Act XII; Latin added by William Henig, The Statutes at Large, 1819

Atlantic slavery rested upon a notion of heritability. It thus relied on a reproductive logic that was inseparable from the explanatory power of race. As a result, women and their experiences of enslavement shed critical light on what it meant to be enslaved or free in the early modern Atlantic world. Regardless of the rate of reproduction among the enslaved—which remained low in all early American slave societies—the ideological solidity of those slave societies needed reproducing women. Building a system of racial slavery on the notion of heritability did not require the presence of natural population growth among the enslaved, but it did require a clear understanding that enslaved women gave birth to enslaved children. Resituating heritability was key in the practice of an enslavement that systematically alienated the enslaved from their kin and their lineage. Enslaved people had to be understood as dispossessed, outside of the normal networks of family and community, to justify the practice of mass enslavement.

As this essay will argue, enslaved women’s maternal possibilities became a crucial vehicle by which racial meaning was concretized—and it did so long before legislators indexed such possibilities into law. Further, by centering the women whose reproductive lives were at issue, I argue that enslaved people best understood the theory and praxis of racial slavery. The violence done when economic structures supersede kinship, and when enslaveability displaces maternity, is longstanding. There are moments when recognition of that agony of dispossession becomes clear.1 So rather than an inquiry into legal history, here I argue that in the sixteenth- and seventeenth-century English Atlantic world, women navigated the dawning recognition that their reproductive lives would be the evidence of racialized dispossession. Enslaved mothers were enmeshed in the foundational metalanguages of early modern Atlantic ideas of slavery, freedom, and racial colonialism.2

Read the entire article in PDF or HTML format.

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Congress votes to end blood quantum requirement, applies to five tribes

Posted in Articles, Law, Media Archive, Native Americans/First Nation, Politics/Public Policy, United States on 2019-01-04 19:26Z by Steven

Congress votes to end blood quantum requirement, applies to five tribes

KFOR-TV
Oklahoma City, Oklahoma
2018-12-26

OKLAHOMA CITY — A bill ending a blood quantum requirement awaits President Donald Trump’s signature after it unanimously passed the U.S. House and Senate.

HR2606, also known as the Stigler Act Amendments of 2018, was authored by Congressman Tom Cole (OK-04) and co-sponsored by Congressman Markwayne Mullin (OK-02). The legislation amends a 1947 law and would remove the one-half degree Native American blood quantum restriction for holders of tribal allotment land.

The legislation specifically impacts citizens of five Oklahoma tribes: the Chickasaw, Cherokee, Muscogee (Creek), Choctaw and the Seminole nations

Read the entire story here.

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Tanya K. Hernández, “Multiracials and Civil Rights: Mixed-Race Stories of Discrimination”

Posted in Law, Media Archive, Social Justice, United States, Videos on 2018-12-18 02:22Z by Steven

Tanya K. Hernández, “Multiracials and Civil Rights: Mixed-Race Stories of Discrimination”

Center for the Study of Race and Ethnicity in America
Brown University, Providence, Rhode Island
2018-12-06 (Recorded on 2018-10-25)

Tanya K. Hernández, Archibald R. Murray Professor of Law
Fordham University School of Law, New York New York

In her new book “Multiracials and Civil Rights: Mixed-Race Stories of Discrimination,” Professor Tanya Katerí Hernández explores the question of how to pursue racial equality in a growing multiracial world. The growth of a mixed-race population has led some commentators to proclaim that multiracial discrimination is distinct in nature from the racial discrimination that non-multiracial persons experience, and that as a consequence a whole new approach to civil rights law is required. Hernández describes her own experience as an Afro-Latina mixed-race person and then shares how she tracked down the court case narratives of multiracial discrimination and the story of racial privilege they revealed. The stories she uncovered are especially timely. Coming at a time when explicit racism is resurfacing, Hernández’s look at multiracial discrimination cases is essential for fortifying the focus of civil rights law on racial privilege and the lingering legacy of bias against non-whites, and has much to teach us about how to move towards a more egalitarian society.

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