Hitler’s American Model: The United States and the Making of Nazi Race Law

Posted in Books, Europe, Forthcoming Media, History, Law, Monographs, United States on 2017-02-13 02:35Z by Steven

Hitler’s American Model: The United States and the Making of Nazi Race Law

Princeton University Press
March 2017
224 pages
5 1/2 x 8 1/2
7 halftones
Hardcover ISBN: 9780691172422
eBook ISBN: 9781400884636

James Q. Whitman, Ford Foundation Professor of Comparative and Foreign Law
Yale Law School

Nazism triumphed in Germany during the high era of Jim Crow laws in the United States. Did the American regime of racial oppression in any way inspire the Nazis? The unsettling answer is yes. In Hitler’s American Model, James Whitman presents a detailed investigation of the American impact on the notorious Nuremberg Laws, the centerpiece anti-Jewish legislation of the Nazi regime. Contrary to those who have insisted that there was no meaningful connection between American and German racial repression, Whitman demonstrates that the Nazis took a real, sustained, significant, and revealing interest in American race policies.

As Whitman shows, the Nuremberg Laws were crafted in an atmosphere of considerable attention to the precedents American race laws had to offer. German praise for American practices, already found in Hitler’s Mein Kampf, was continuous throughout the early 1930s, and the most radical Nazi lawyers were eager advocates of the use of American models. But while Jim Crow segregation was one aspect of American law that appealed to Nazi radicals, it was not the most consequential one. Rather, both American citizenship and antimiscegenation laws proved directly relevant to the two principal Nuremberg Laws—the Citizenship Law and the Blood Law. Whitman looks at the ultimate, ugly irony that when Nazis rejected American practices, it was sometimes not because they found them too enlightened, but too harsh.

Indelibly linking American race laws to the shaping of Nazi policies in Germany, Hitler’s American Model upends understandings of America’s influence on racist practices in the wider world.

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The Fight for Interracial Marriage Rights in Antebellum Massachusetts by Amber D. Moulton (review)

Posted in Articles, Book/Video Reviews, History, Law, Media Archive, Slavery, United States on 2017-02-09 02:01Z by Steven

The Fight for Interracial Marriage Rights in Antebellum Massachusetts by Amber D. Moulton (review)

The Journal of the Civil War Era
Volume 6, Number 4, December 2016
pages 594-596
DOI: 10.1353/cwe.2016.0075

Tamika Y. Nunley, Assistant Professor of History
Oberlin College, Oberlin, Ohio

The Fight for Interracial Marriage Rights in Antebellum Massachusetts. By Amber D. Moulton. (Cambridge, Mass.: Harvard University Press, 2015. Pp. 288. Cloth, $45.00.)

The 1843 repeal of the ban on interracial marriage in Massachusetts was not a guaranteed victory in the antislavery North. As Amber Moulton’s research demonstrates, the repeal was the culmination of the persistent efforts launched by African Americans and radical abolitionist allies committed to interracial rights activism in the face of formidable antiamalgamation and antimiscegenation opposition. Elucidating the social and political significance of amalgamation, Moulton underscores the process of “advancing interracialism” to further understand the justifications and merging forces that worked for and against interracial marriage and eventually full social and political inclusion (6). Through a close reading of petitions initiated by African Americans, the rhetorical strategies of activists and legislators, popular literature, committee reports, and manuscripts, Moulton presents us with a regional study that broadens our understandings of antebellum debates about interracialism beyond the scope of marriage and into the arenas of racial equality, legitimacy, and citizenship.

The book begins with an overview of the origins of antiamalgamation views rooted in eighteenth-century racial science, white supremacist justifications for colonial slavery, and the work of writers such as Jerome B. Holgate. Even as popular sentiment emphasized interracial relations as either “salacity or tragedy,” antislavery activists such as Lydia Maria Child emerged with alternative, albeit romantic, narratives about interracial relationships (26). Pairing these with popular narratives and images and actual evidence of interracial marriages, Moulton contrasts antebellum ideas about amalgamation with explanations of case studies that show how interracial couples and their children were affected by the ban. Requests made to the overseers of the poor highlight local determinations of illegitimacy that many couples and offspring confronted in efforts to receive public aid. In the second chapter, Moulton examines local responses from another lens, particularly the activism of abolitionists and prominent African American orators. Here we see that African Americans were not marginally involved in the debate over interracial marriage, as the historical scholarship suggests, but instead contributed substantially and at times independently in local organizations, editorials, speeches offered at antislavery conventions, and petitions.

Moulton builds the third chapter around a critical medium of antebellum political engagement—petitioning. The petitioning efforts of local abolitionists—particularly white women—generated controversy at a time when women’s rights, abolitionism, and sectionalism converged onto the antebellum political theater. The legislative response targeted the virtue of white female petitioners and underscored the belief that the women who signed petitions from towns like Lynn, Brookfield, Dorchester, and Plymouth inappropriately supported the repeal of the ban on interracial marriage. White women’s vocal support for repeal implicated them in sexualized discourses of interracial relationships and provoked direct attacks upon their own moral virtue. Moral reformers such as Mary P. Ryan, Eliza Ann Vinal, Maria Weston Chapman, and Lucy N. Dodge defended their activism and their political participation in debates about interracial marriage. They framed their support of the initiative as an effort to curb licentiousness, to promote the moral imperatives of marriage, and to protect the legal interests of mothers and children deserted by men. From the perspective of moralists, the lack of marital rights could only lead to immoral behavior, abandonment, and illegitimacy.

A major obstacle to the repeal effort was convincing poor whites committed to white supremacy in the North that interracial marriage should be legalized. In the fourth chapter, Moulton argues that resistance to a ramped-up fugitive slave law, and the George Latimer incident in particular, generated heightened political fervor against southern slaveholders. Latimer was a fugitive slave who fled from Virginia to Boston, where he was arrested, tried, and eventually manumitted. The case resulted in public uproar and inspired politically charged petition drives that called for an end to policies that required state authorities to detain suspected fugitives. Accordingly, the South’s imposition of the Fugitive Slave Law threatened the rights and freedoms enjoyed by white northerners, thus energizing the political momentum necessary not only to defend antislavery measures but to repeal the interracial marriage ban with the support of unlikely white citizens…

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50 Years of Loving: Seeking Justice Through Love and Relationships

Posted in Forthcoming Media, Law, Live Events, United States on 2017-02-03 20:39Z by Steven

50 Years of Loving: Seeking Justice Through Love and Relationships

Creighton University | Werner Institute | 2040 Initiative
Omaha, Nebraska
2017-03-23, 17:30 through 2017-03-24, 17:00 CDT (Local Time)

Loving v. Virginia – Background

The U.S. Supreme Court’s 1967 decision in Loving v. Virginia ended legal prohibitions against interracial marriage in the U.S. By eliminating longstanding legal sanctions against “miscegenation,” Loving disrupted the pre-existing social system. The ruling rejected racial separation and hierarchy and endorsed relationships across previously uncrossable racial lines.

The effects of Loving marriages extend beyond those who are themselves married. Since Loving, the proportion of the U.S. population with multiple racial heritages has grown dramatically. Moreover, the children born as a result of Loving have disrupted the social construction of race itself, with more people self-identifying as of more than one race, biracial, multiracial, or mixed.

50 Years of Loving – Symposium Description

The symposium will begin with a feature presentation open to the public on Thursday, March 23, by Mat Johnson, author of the novel “Loving Day” (2015). Symposium participants will then explore the effects that the U.S. Supreme Court’s 1967 decision in Loving v. Virginia has had on U.S. society – institutionally, demographically and relationally. Participants will also develop strategies for moving from thought to action by building relationships across difference…

For more information, click here.

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Loving: Interracial Intimacy in America and the Threat to White Supremacy

Posted in Books, Forthcoming Media, History, Law, Monographs, United States on 2017-02-01 21:37Z by Steven

Loving: Interracial Intimacy in America and the Threat to White Supremacy

Beacon Press
2017-06-06
232 pages
6 x 9 Inches
Cloth ISBN-13: 978-0807058275

Sheryll Cashin, Professor of Law
Georgetown University, Washington, D.C.

How interracial love and marriage changed history, and may soon alter the landscape of American politics.

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Unmaking Race and Ethnicity: A Reader

Posted in Anthologies, Asian Diaspora, Barack Obama, Books, Brazil, Campus Life, Caribbean/Latin America, Europe, History, Law, Media Archive, Mexico, Religion, Slavery, Social Justice, Social Science, Teaching Resources, United States on 2017-01-30 01:51Z by Steven

Unmaking Race and Ethnicity: A Reader

Oxford University Press
2016-07-20
512 Pages
7-1/2 x 9-1/4 inches
Paperback ISBN: 9780190202712

Edited by:

Michael O. Emerson, Provost and Professor of Sociology
North Park University
also Senior Fellow at Rice University’s Kinder Institute for Urban Research

Jenifer L. Bratter, Associate Professor of Sociology; Director of the Program for the Study of Ethnicity, Race, and Culture at the Kinder Institute for Urban Research
Rice University, Houston, Texas

Sergio Chávez, Assistant Professor of Sociology
Rice University, Houston, Texas

Race and ethnicity is a contentious topic that presents complex problems with no easy solutions. (Un)Making Race and Ethnicity: A Reader, edited by Michael O. Emerson, Jenifer L. Bratter, and Sergio Chávez, helps instructors and students connect with primary texts in ways that are informative and interesting, leading to engaging discussions and interactions. With more than thirty collective years of teaching experience and research in race and ethnicity, the editors have chosen selections that will encourage students to think about possible solutions to solving the problem of racial inequality in our society. Featuring global readings throughout, (Un)Making Race and Ethnicity covers both race and ethnicity, demonstrating how they are different and how they are related. It includes a section dedicated to unmaking racial and ethnic orders and explains challenging concepts, terms, and references to enhance student learning.

Table of Contents

  • Preface
  • UNIT I. Core Concepts and Foundations
    • What Is Race? What Is Ethnicity? What Is the Difference?
      • Introduction, Irina Chukhray and Jenifer Bratter
      • 1. Constructing Ethnicity: Creating and Recreating Ethnic Identity and Culture, Joane Nagel
      • 2. The Racialization of Kurdish Identity in Turkey, Murat Ergin
      • 3. Who Counts as “Them?”: Racism and Virtue in the United States and France, Michèle Lamont
      • 4. Mexican Immigrant Replenishment and the Continuing Significance of Ethnicity and Race, Tomás R. Jiménez
    • Why Race Matters
      • Introduction, Laura Essenburg and Jenifer Bratter
      • 5. Excerpt from Racial Formation in the United States From the 1960s to the 1990s, Michael Omi and Howard Winant
      • 6. Structural and Cultural Forces that Contribute to Racial Inequality, William Julius Wilson
      • 7. From Traditional to Liberal Racism: Living Racism in the Everyday, Margaret M. Zamudio and Francisco Rios
      • 8. Policing and Racialization of Rural Migrant Workers in Chinese Cities, Dong Han
      • 9. Why Group Membership Matters: A Critical Typology, Suzy Killmister
    • What Is Racism? Does Talking about Race and Ethnicity Make Things Worse?
      • Introduction, Laura Essenburg and Jenifer Bratter
      • 10. What Is Racial Domination?, Matthew Desmond and Mustafa Emirbayer
      • 11. Discursive Colorlines at Work: How Epithets and Stereotypes are Racially Unequal, David G. Embrick and Kasey Henricks
      • 12. When Ideology Clashes with Reality: Racial Discrimination and Black Identity in Contemporary Cuba, Danielle P. Clealand
      • 13. Raceblindness in Mexico: Implications for Teacher Education in the United States, Christina A. Sue
  • UNIT II. Roots: Making Race and Ethnicity
    • Origins of Race and Ethnicity
      • Introduction, Adriana Garcia and Michael Emerson
      • 14. Antecedents of the Racial Worldview, Audrey Smedley and Brian Smedley
      • 15. Building the Racist Foundation: Colonialism, Genocide, and Slavery, Joe R. Feagin
      • 16. The Racialization of the Globe: An Interactive Interpretation, Frank Dikötter
    • Migrations
      • Introduction, Sandra Alvear
      • 17. Excerpt from Becoming Mexican American: Ethnicity, Culture, and Identity in Chicano Los Angeles, 1900-1945, George J. Sánchez
      • 18. Migration to Europe since 1945: Its History and Its Lessons, Randall Hansen
      • 19. When Identities Become Modern: Japanese Emigration to Brazil and the Global Contextualization of Identity, Takeyuki (Gaku) Tsuda
    • Ideologies
      • Introduction, Junia Howell
      • 20. Excerpt from Racism: A Short History, George M. Fredrickson
      • 21. Understanding Latin American Beliefs about Racial Inequality, Edward Telles and Stanley Bailey
      • 22. Buried Alive: The Concept of Race in Science, Troy Duster
  • Unit III. Today: Remaking Race and Ethnicity
    • Aren’t We All Just Human? How Race and Ethnicity Help Us Answer the Question
      • Introduction, Adriana Garcia
      • 23. Young Children Learning Racial and Ethnic Matters, Debra Van Ausdale and Joe R. Feagin
      • 24. When White Is Just Alright: How Immigrants Redefine Achievement and Reconfigure the Ethnoracial Hierarchy, Tomás R. Jiménez and Adam L. Horowitz
      • 25. From Bi-Racial to Tri-Racial: Towards a New System of Racial Stratification in the USA, Eduardo Bonilla-Silva
      • 26. Indigenism, Mestizaje, and National Identity in Mexico during the 1940s and the 1950s, Anne Doremus
    • The Company You Keep: How Ethnicity and Race Frame Social Relationships
      • Introduction, William Rothwell
      • 27. Who We’ll Live With: Neighborhood Racial Composition Preferences of Whites, Blacks and Latinos, Valerie A. Lewis, Michael O. Emerson, and Stephen L. Klineberg
      • 28. The Costs of Diversity in Religious Organizations: An In-Depth Case Study, Brad Christerson and Michael O. Emerson
    • The Uneven Playing Field: How Race and Ethnicity Impact Life Chances
      • Introduction, Ellen Whitehead and Jenifer Bratter
      • 29. Wealth in the Extended Family: An American Dilemma, Ngina S. Chiteji
      • 30. The Complexities and Processes of Racial Housing Discrimination, Vincent J. Roscigno, Diana L. Karafin, and Griff Tester
      • 31. Racial Segregation and the Black/White Achievement Gap, 1992 to 2009, Dennis J. Condron, Daniel Tope, Christina R. Steidl, and Kendralin J. Freeman
      • 32. Differential Vulnerabilities: Environmental and Economic Inequality and Government Response to Unnatural Disasters, Robert D. Bullard
      • 33. Racialized Mass Incarceration: Poverty, Prejudice, and Punishment, Lawrence D. Bobo and Victor Thompson
  • Unit IV. Unmaking Race and Ethnicity
    • Thinking Strategically
      • Introduction, Junia Howell and Michael Emerson
      • 34. The Return of Assimilation? Changing Perspectives on Immigration and Its Sequels in France, Germany, and the United States, Rogers Brubaker
      • 35. Toward a Truly Multiracial Democracy: Thinking and Acting Outside the White Frame, Joe R. Feagin
      • 36. Destabilizing the American Racial Order, Jennifer Hochschild, Vesla Weaver, and Traci Burch
    • Altering Individuals and Relationships
      • Introduction, Horace Duffy and Jenifer Bratter
      • 37. A More Perfect Union, Barack Obama
      • 38. What Can Be Done?, Debra Van Ausdale and Joe R. Feagin
      • 39. The Multiple Dimensions of Racial Mixture in Rio de Janeiro, Brazil: From Whitening to Brazilian Negritude, Graziella Moraes da Silva and Elisa P. Reis
    • Altering Structures
      • Introduction, Kevin T. Smiley and Jenifer Bratter
      • 40. The Case for Reparations, Ta-Nehisi Coates
      • 41. “Undocumented and Citizen Students Unite”: Building a Cross-Status Coalition Through Shared Ideology, Laura E. Enriquez
      • 42. Racial Solutions for a New Society, Michael Emerson and George Yancey
      • 43. DREAM Act College: UCLA Professors Create National Diversity University, Online School for Undocumented Immigrants, Alyssa Creamer
  • Glossary
  • Credits
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Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws

Posted in Articles, Law, Media Archive, United States on 2017-01-28 20:41Z by Steven

Construction of Race and Class Buffers in the Structure of Immigration Controls and Laws

Oregon Law Review
Volume 76 (1997)
pages 731-764

Tanya Katerí Hernández, Professor of Law
Fordham University

In the midst of current anti-immigration sentiment, which is motivating dramatic changes in the United States immigration laws, there exists the myth that prior immigration laws were more equitable and humanitarian. Yet historical analysis reveals that immigration law has been put to uses far from idyllic, and has always been concerned with the racial makeup of the nation. Specifically, national preoccupation with the maintenance of a “White country” is reflected in immigration law. The continued national preference for White immigrants is explicitly featured in the visa profiling codes of U.S. embassies and consulates. This Essay employs a race-conscious lens to analyze the way in which immigration law has been structured to perpetuate a racial hierarchy which privileges Whiteness, primarily by preferring White immigrants to immigrants of color, and secondarily by drafting immigrants of color to form a middle-tier buffer and, alternatively, to provide a bottom-tier surplus labor supply.

Read the entire article here.

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Call for Papers: Power, Intimacy and the State: Mixed Families in Europe and Beyond

Posted in Anthropology, Communications/Media Studies, Europe, Family/Parenting, Forthcoming Media, Gay & Lesbian, History, Identity Development/Psychology, Law, Literary/Artistic Criticism, Politics/Public Policy, Social Science, Wanted/Research Requests/Call for Papers on 2017-01-26 15:40Z by Steven

Call for Papers: Power, Intimacy and the State: Mixed Families in Europe and Beyond

Power, Intimacy and the State: Mixed Families in Europe and Beyond Conference
University of Amsterdam
June 12-13, 2017
2017-01-20

Betty de Hart, Professor of Migration Law
Amsterdam Centre for European Law and Governance (ACELG)
University of Amsterdam, Amsterdam, Netherlands

CALL FOR PAPERS (View PDF version here.)

Historically, mixed couples and people of mixed descent have been seen as a problem, in popular culture as well as in academic literature. ‘Ethnically’ and ‘racially’ mixed relationships were described as dominated by power imbalances and as devoid of love. This perspective was brought to bear upon relationships and marriages in colonial times and in times of slavery. Even today, within the context of global migration, mixed couples are often perceived in negative terms, e.g. in discourses on ‘mail order brides’ (marriages between white men and migrant women) or ‘beznez marriages’ (marriages between white women and migrant men).

There is no denying that mixed couples and relations are fraught with power inequalities as they developed in the context of historical and modern-day global inequalities, colonialism, post-colonialism, slavery and racialised hierarchies. However, issues concerning the entanglement of power and privilege with intimate relationships are much more complex than they are often envisioned to be. Since the 1980s, scholars of ‘mixture’ and ‘mixedness’, including critical race and critical mixed race studies, have been questioning this pathologisation of mixed couples and mixed descent. They have called for more nuanced approaches to the lived experiences of mixed couples and persons of mixed descent, that should help us strike a proper balance between an overly negative view on the one hand and an unwarranted romanticised view on the other, which regards mixed relationships and mixed heritage as a means for creating a boundary-less and race-less world.

Hence, this conference addresses questions such as: how we may gain a fuller understanding of the lived experiences of mixed couples, power, and intimacy, without pathologizing and dehumanizing them? This conference aims to approach these questions from international comparative perspectives. How can a balanced view be achieved in the European context, where mixed couples are mostly studied with respect to the contradictory imperative of cultural assimilation on the one hand and respect for cultural difference on the other? And what about other continents such as Africa or Asia?

The conference

The conference seeks to bring together people from different disciplines (ethnic and racial studies, critical (mixed) race studies, history, (post)colonial studies, film and media studies, literature, sociology, anthropology, geography, law, gender studies, sexuality and queer studies, migration studies, et cetera), and from different national backgrounds. We believe that an interdisciplinary and comparative approach is key to gaining the ‘thick’ understanding of mixed relationships that this conference aims at. We especially hope to give a boost to the study of mixture and mixed intimacies in the European context.

The conference is a joint initiative of the Amsterdam Centre of European Law and Governance (University of Amsterdam), and the Maastricht Centre for Gender and Diversity, in cooperation with LovingDay.NL. It will take place on 12 and 13 June 2017, when Loving Day is commemorated as the 50th anniversary of the 1967 Loving v. Virginia American Supreme Court decision, that held that interracial marriage prohibitions were unconstitutional.

Papers may relate to, but are not limited to, the following topics:

1. Mixed couples and persons of mixed heritage navigating power and inequality

In order to study power differentiations within mixed families adequately, obviously, not only race or ethnicity but also gender and class are relevant identity markers. How can an intersectional approach of race, gender and class illuminate power dynamics within mixed families? How do members of mixed families respond to them? Another issue is how youngsters and persons of mixed descent negotiate the different social dynamics and power relations that shape their experiences? How and by what means do they claim the power to define themselves?

2. Activism and NGOs of mixed families and people of mixed descent

Across the globe, mixed couples and people of mixed descent have become activists and established NGOs to facilitate the telling of their stories and to challenge the disempowerment caused by dominant negative, pathologizing understandings of mixed couples and mixture. Who are the persons and parties that speak in the name of mixed families, and what are the interests at stake? What alternative discourses do they put forward? How do stories and experiences of mixed families and persons of mixed heritage matter in public and political debates on multicultural/multiracial societies, and anti-racism? And how does discovering ‘hidden’ historical stories of mixed heritage function in these debates?

3. State and institutional policies shaping power and inequalities

Power dynamics within mixed couples and families are closely intertwined with the power hierarchies of race/ethnicity, gender, and class within society at large. State laws and policies shape identities of ‘race’ and ‘ethnicity’ and determine the definition of who or what is ‘mixed’. State and institutional policies have both struggled to discourage or prevent, and to encourage or even celebrate mixed relationships. If state and institutional policies decide the meaning of difference, how should we understand various meanings of ‘mixed couples’ and ‘mixed descent across Europe and beyond? What are the transnational linkages between continents, colony and metropole, global north and global south? How does the state shape and regulate mixed families and identities and which effects do they have on the internal power dynamics of mixed couples?

4. Performing mixed relationships in the arts, popular culture and news media

In the present and in the past, the arts, popular culture and news media have been enacting specific scripts for mixed relationships, which have confirmed and critiqued perspectives implied in social policies, and state politics. We will study in what ways the arts, popular culture and news media have constructed, mediated and challenged the dominant, problematizing approach to mixed couples and people of mixed descent, as well as unwarranted romantic idealizations of mixed couples as the key to a fair society. What concepts of mixed identity have been produced by these media and how were these perceived by the general public? What were the agencies of mixed individuals and families in dealing with the written texts and visual images about them? And how have these changed through time and across space?

5. Studying mixedness in Europe

Until today, Europe does not have a strong academic tradition in studying mixed couples and mixed descent, as opposed to, for instance, the US or the UK. How can the study of mixedness in Europe be given a boost, and move beyond the exclusive association of mixed couples with the ‘assimilation versus difference’ debate? How is European research linked to dominant, politicized categorizations of what and who is ‘mixed’? How is research in Europe linked to policy perceptions of the social meaning of mixed relationships and mixed heritage? Do European research traditions challenge the binaries between ‘us’ and ‘them’? And what about the heteronormativity of much of the studies on mixed couples and families? How can the development of an interdisciplinary or multidisciplinary approach help us understand the relation between power, intimacy and the state in the European context? How can we take inspiration from the Anglo-American research traditions? And in what ways can we employ approaches from critical race and critical mixed race studies?

Abstracts of maximum 400 words to be submitted before March 1, 2017 at: mixedintimacies-fdr@uva.nl

Check our website for regular updates of conference information and practical matters http://acelg.uva.nl/mixedintimacies

The conference will be held at University of Amsterdam, Amsterdam, The Netherlands.

Conference organizers:

View in PDF here.

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Loving vs. Virginia: A Documentary Novel of the Landmark Civil Rights Case

Posted in Books, Forthcoming Media, History, Law, Novels, United States, Virginia on 2017-01-20 23:14Z by Steven

Loving vs. Virginia: A Documentary Novel of the Landmark Civil Rights Case

Chronicle Books
2017-01-31
260 pages
7-1/4 x 10 in
Hardcover ISBN: 9781452125909

Patricia Hruby Powell

Illustrated by Shadra Strickland

From acclaimed author Patricia Hruby Powell comes the story of a landmark civil rights case, told in spare and gorgeous verse. In 1955, in Caroline County, Virginia, amidst segregation and prejudice, injustice and cruelty, two teenagers fell in love. Their life together broke the law, but their determination would change it. Richard and Mildred Loving were at the heart of a Supreme Court case that legalized marriage between races, and a story of the devoted couple who faced discrimination, fought it, and won.

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Discourses of Citizenship in American and Brazilian Affirmative Action Court Decisions

Posted in Articles, Brazil, Caribbean/Latin America, Law, Media Archive, United States on 2017-01-08 20:02Z by Steven

Discourses of Citizenship in American and Brazilian Affirmative Action Court Decisions

American Journal of Comparative Law
Volume 64, Number 2, (Summer 2016)
pages 455-504
DOI: 10.5131/AJCL.2016.0015

Adilson José Moreira
Harvard University; Mackenzie Presbyterian University

American and Brazilian courts are traveling quite different paths regarding the question of racial justice. Race neutrality has become an influential interpretive approach in both jurisdictions, a perspective that articulates a depiction of these nations as culturally homogenous societies with the defense of liberal principles as a necessary requirement for social cohesion. Because of the representation of Brazil and the United States as democracies that facilitate integration of all racial groups, courts in these countries have developed an equal protection approach that combines the rhetoric of assimilation and formal equality. However, while the discourse of race neutrality gains continuous political force in the United States, race consciousness is acquiring increasing persuasive power in Brazil. As the implementation of affirmative action programs has expanded into different sectors, various social actors have questioned their constitutionality. Although state and federal courts in Brazil have condemned affirmative action because it supposedly subverts liberal principles and moral consensus about equal racial treatment, the Brazilian Supreme Court has recently classified race neutrality as a strategy of racial domination. Differently from American affirmative action cases, this decision formulated a notion of citizenship that functions as a counterhegemonic narrative. In articulating progressive constitutional principles and a group-oriented equal protection perspective, the Brazilian Supreme Court has significantly contributed to the deconstruction of the traditional discourse of race transcendence. The Court’s decisions may serve as an interesting point of comparison for the debate about affirmative action in the United States, since Brazilian history shows very clearly how race neutrality allows majoritarian groups to defend racial privilege while advocating formal equality as a way to promote social inclusion.

Read the entire article here.

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Remapping Race on the Human Genome: Commercial Exploits in a Racialized America

Posted in Anthropology, Books, Health/Medicine/Genetics, Law, Media Archive, Monographs, Politics/Public Policy, Social Science, United States on 2017-01-04 02:22Z by Steven

Remapping Race on the Human Genome: Commercial Exploits in a Racialized America

Praeger
January 2017
310 pages
6.125 x 9.25
Hardcover ISBN: 978-1-4408-3063-1
eBook ISBN: 978-1-4408-3064-8

Judith Ann Warner, Professor of Sociology
Texas A&M International University, Laredo, Texas

Do the commercial applications of the human genome in ancestry tracing, medicine, and forensics serve to further racialize and stereotype groups?

This book explores the ethical debates at the intersection of race, ethnicity, national origin, and DNA analysis, enabling readers to gain a better understanding of the human genome project and its impact on the biological sciences, medicine, and criminal justice.

Genome and genealogical research has become a subject of interest outside of science, as evidenced by the popularity of the genealogy research website Ancestry.com that helps individuals discover their genetic past and television shows such as the celebrity-focused Who Do You Think You Are? and Finding Your Roots with Henry Louis Gates, Jr.. Applications of DNA analysis in the area of criminal justice and the law have major consequences for social control from birth to death. This book explores the role of DNA research and analysis within the framework of race, ethnicity, and national origin—and provides a warning about the potential dangers of a racialized America.

Synthesizing the work of sociologists, criminologists, anthropologists, and biologists, author Judith Ann Warner, PhD, examines how the human genome is being interpreted and commonly used to affirm—rather than dissolve—racial and ethnic boundaries. The individual, corporate, and government use of DNA is controversial, and international comparisons indicate that regulation of genome applications is a global concern. With analysis of ancestry mapping business practices, medical DNA applications, and forensic uses of DNA in the criminal justice system, the book sheds light on the sociological results of “remapping race on the human genome.”

Features

  • Provides historical background on the human genome in the modern context of the social construction of race and ethnicity
  • Examines the use of overlapping racial-ethnic and geographical origin categories to situate ancestry, health risk, and criminal profiles in a stereotyped or discriminatory manner
  • Argues for a re-examination of genome research to avoid racialization
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