Children of Uncertain Fortune: Mixed-Race Jamaicans in Britain and the Atlantic Family, 1733-1833

Posted in Books, Caribbean/Latin America, Forthcoming Media, History, Law, Monographs, United Kingdom on 2017-12-06 02:44Z by Steven

Children of Uncertain Fortune: Mixed-Race Jamaicans in Britain and the Atlantic Family, 1733-1833

University of North Carolina Press
January 2018
432 pages
12 halftones, 4 figs., 3 charts, 4 tables, notes, index
6.125 x 9.25
Hardcover ISBN: 978-1-4696-3443-2

Daniel Livesay, Assistant Professor of History
Claremont McKenna College, Claremont, California

Published for the Omohundro Institute of Early American History and Culture, Williamsburg, Virginia

By tracing the largely forgotten eighteenth-century migration of elite mixed-race individuals from Jamaica to Great Britain, Children of Uncertain Fortune reinterprets the evolution of British racial ideologies as a matter of negotiating family membership. Using wills, legal petitions, family correspondences, and inheritance lawsuits, Daniel Livesay is the first scholar to follow the hundreds of children born to white planters and Caribbean women of color who crossed the ocean for educational opportunities, professional apprenticeships, marriage prospects, or refuge from colonial prejudices.

The presence of these elite children of color in Britain pushed popular opinion in the British Atlantic world toward narrower conceptions of race and kinship. Members of Parliament, colonial assemblymen, merchant kings, and cultural arbiters–the very people who decided Britain’s colonial policies, debated abolition, passed marital laws, and arbitrated inheritance disputes–rubbed shoulders with these mixed-race Caribbean migrants in parlors and sitting rooms. Upper-class Britons also resented colonial transplants and coveted their inheritances; family intimacy gave way to racial exclusion. By the early nineteenth century, relatives had become strangers.

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Multiracials and Civil Rights: Mixed-Race Stories of Discrimination

Posted in Books, Census/Demographics, Forthcoming Media, Law, Monographs, Politics/Public Policy, Social Science, United States on 2017-11-20 04:52Z by Steven

Multiracials and Civil Rights: Mixed-Race Stories of Discrimination

New York University Press
2018-08-03
224 pages
Cloth ISBN: 9781479830329

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

Narratives of mixed-race people bringing claims of racial discrimination in court, illuminating traditional understandings of civil rights law

As the mixed-race population in the United States grows, public fascination with multiracial identity has promoted the belief that racial mixture will destroy racism. However, multiracial people still face discrimination. Many legal scholars hold that this is distinct from the discrimination faced by people of other races, and traditional civil rights laws built on a strict black/white binary need to be reformed to account for cases of discrimination against those identifying as mixed-race.

In Multiracials and Civil Rights, Tanya Katerí Hernández debunks this idea, and draws on a plethora of court cases to demonstrate that multiracials face the same types of discrimination as other racial groups. Hernández argues that multiracial people are primarily targeted for discrimination due to their non-whiteness, and shows how the cases highlight the need to support the existing legal structures instead of a new understanding of civil rights law.

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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Love, Alone, Will Not Dismantle Racism

Posted in Articles, History, Law, Media Archive, Social Justice, United States on 2017-11-14 21:48Z by Steven

Love, Alone, Will Not Dismantle Racism

Girl Mob
2017-11-13

Fanshen Cox DiGiovanni, Actor/Producer/Educator


Fanshen Cox DiGiovanni

For the last four years I have traveled across the globe presenting my one-woman show, One Drop of Love. The first two words of the play’s title refer to the one-drop rule. The one-drop rule was created to determine the amount of Sub-Saharan African blood necessary (‘one drop’) to justify enslaving and otherwise stripping away the rights of a person. These words in my title symbolize the historical and systemic racism inherent in the United States. I end the title and the play with the word love – for the hope I carry that we, collectively, will commit ourselves to dismantling this system. However, after the show, some audience members cling to the last word—love—while seemingly ignoring the first two.

While love may be helpful in change-making, there is necessary work to do before expecting people disenfranchised by racism to love their way to change—we must insist on truth and justice first…

Read the entire article here.

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The Matrix of Race: Social Construction, Intersectionality, and Inequality

Posted in Books, Dissertations, Health/Medicine/Genetics, History, Latino Studies, Law, Media Archive, Monographs, Social Science, Teaching Resources, United States on 2017-11-13 02:58Z by Steven

The Matrix of Race: Social Construction, Intersectionality, and Inequality

SAGE Publishing
October 2017
480 pages
ISBN-13: 978-1452202693

Rodney D. Coates, Professor of Global and Intercultural Studies
Miami University, Oxford, Ohio

Abby L. Ferber, Professor of Sociology
University of Colorado, Colorado Springs

David L. Brunsma, Professor of Sociology
Virginia Polytechnic Institute and State University, Blacksburg, Virginia

The Matrix of Race: Social Construction, Intersectionality, and Inequality is a textbook that makes race and racial inequality “visible” in new ways to all students in race/ethnic relations courses, regardless of their backgrounds–from minorities who have experienced the impact of race in their own lives to members of dominant groups who might believe that we now live in a “color blind” society. The “matrix” refers to a way of thinking about race that reflects the intersecting, multilayered identities of contemporary society, and the powerful social institutions that shape our understanding of race. Its goals are to help readers get beyond familiar “us vs. them” arguments that can lead to resistance and hostility; promote self-appraisal; and stimulate more productive discussions about race and racism.

Contents

  • PREFACE
  • ACKNOWLEDGMENTS
  • ABOUT THE AUTHORS
  • PART I. INTRODUCTION TO RACE AND THE SOCIAL MATRIX
    • Chapter 1. Race and the Social Construction of Difference
      • The Social Construction of Race
      • The Social Matrix of Race
      • The Operation of Racism
      • Our Stories
      • Key Terms
      • Chapter Summary
    • Chapter 2. The Shaping of a Nation: The Social Construction of Race in America
      • Race Today: Adapting and Evolving
      • Indigenous Peoples: The Americas before Columbus
      • Discovery and Encounters: The Shaping of Our Storied Past
      • The U.S. Matrix and Intersectionality— Where Do We Go from Here?
      • Key Terms
      • Chapter Summary
  • PART II. THE MATRIX PERSPECTIVE ON SOCIAL INSTITUTIONS
    • Chapter 3. The Social Construction and Regulation of Families
      • Historical Regulation of the Family
      • Family Inequality Theories
      • Family Inequality through the Matrix Lens
      • Transforming the Ideal Family Narrative
      • Key Terms
      • Chapter Summary
    • Chapter 4. Work and Wealth Inequality
      • Recent Trends in Work and Wealth
      • Theories of Economic Inequality
      • Applying the Matrix to the History of Economic Inequality in the United States
      • Transforming the Story of Race and Economic Inequality
      • Key Terms
      • Chapter Summary
    • Chapter 5. Health, Medicine, and Health Care
      • Patterns of Inequality in Health and Health Care
      • Theorizing Inequality in Health and Health Care
      • Applying the Matrix to Health Inequity and Inequality
      • Resisting and Transforming Inequality in Health and Health Care
      • Key Terms
      • Chapter Summary
    • Chapter 6. Education
      • The Shaping of the Matrix of U.S. Education
      • Theories of Education
      • Examining the Concealed Story of Race and Education through the Matrix
      • Alternative Educational Movements and the Future of Education
      • Key Terms
      • Chapter Summary
    • Chapter 7. Crime, Law, and Deviance
      • A History of Race, Crime, and Punishment
      • Sociological Stock Theories of Crime and Deviance
      • Applying the Matrix to Crime and Deviance
      • Transforming the Narrative of Race, Crime, and Deviance
      • Key Terms
      • Chapter Summary
    • Chapter 8. Power, Politics, and Identities
      • Contemporary Political Identities
      • Critiquing Sociological Theories of Power, Politics, and Identity
      • Applying the Matrix of Race to U.S. Political History
      • Building Alternatives to the Matrix of Race and Politics
      • Key Terms
      • Chapter Summary
    • Chapter 9. Sports and the American Dream
      • The State of Sport Today
      • Examining Stock Sociological Theories of Sport
      • Applying the Matrix to Sports in the United States
      • Creating a New Playing Field
      • Key Terms
      • Chapter Summary
    • Chapter 10. The Military, War, and Terrorism
      • Class, Gender, and Race in the U.S. Military
      • Military Sociology Stock Theories
      • Applying the Matrix Approach to U.S. Military History, War, and Terrorism
      • A More Inclusive Future
      • Key Terms
      • Chapter Summary
    • Conclusion
  • GLOSSARY
  • REFERENCES
  • INDEX
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Slavery and Freedom in Texas: Stories from the Courtroom, 1821–1871

Posted in Books, History, Law, Media Archive, Monographs, Slavery, Texas, United States on 2017-11-09 03:21Z by Steven

Slavery and Freedom in Texas: Stories from the Courtroom, 1821–1871

University of Georgia Press
2017-11-01
258 pages
2 b&w photos, 8 maps
Trim size: 6 x 9
Hardcover ISBN: 978-0-8203-5133-9
Paper ISBN: 978-0-8203-5163-6

Jason A. Gillmer, John J. Hemmingson Chair in Civil Liberties and Professor of Law
Gonzaga University, Spokane, Washington

Riveting trials that exposed conflicting attitudes toward race and liberty

In these absorbing accounts of five court cases, Jason A. Gillmer offers intimate glimpses into Texas society in the time of slavery. Each story unfolds along boundaries—between men and women, slave and free, black and white, rich and poor, old and young—as rigid social orders are upset in ways that drive people into the courtroom.

One case involves a settler in a rural county along the Colorado River, his thirty-year relationship with an enslaved woman, and the claims of their children as heirs. A case in East Texas arose after an owner refused to pay an overseer who had shot one of her slaves. Another case details how a free family of color carved out a life in the sparsely populated marshland of Southeast Texas, only to lose it all as waves of new settlers “civilized” the county. An enslaved woman in Galveston who was set free in her owner’s will—and who got an uncommon level of support from her attorneys—is the subject of another case. In a Central Texas community, as another case recounts, citizens forced a Choctaw native into court in an effort to gain freedom for his slave, a woman who easily “passed” as white.

The cases considered here include Gaines v. Thomas, Clark v. Honey, Brady v. Price, State v. Ashworth, and Webster v. Heard. All of them pitted communal attitudes and values against the exigencies of daily life in an often harsh place. Here are real people in their own words, as gathered from trial records, various legal documents, and many other sources. People of many colors, from diverse backgrounds, weave their way in and out of the narratives. We come to know what mattered most to them—and where those personal concerns stood before the law.

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Race, Nation, and Refuge: The Rhetoric of Race in Asian American Citizenship Cases

Posted in Asian Diaspora, Books, History, Law, Media Archive, Monographs, United States on 2017-11-09 03:16Z by Steven

Race, Nation, and Refuge: The Rhetoric of Race in Asian American Citizenship Cases

State University of New York Press
October 2017
318 pages
Hardcover ISBN13: 978-1-4384-6661-3

Doug Coulson, Assistant Professor
Department of English
Carnegie Mellon University, Pittsburgh, Pennsylvania

Explores the role of rhetoric and the racial classification of Asian American immigrants in the early twentieth century.

From 1870 to 1940, racial eligibility for naturalization in the United States was limited to “free white persons” and “aliens of African nativity and persons of African descent,” and many interpreted these restrictions to reflect a policy of Asian exclusion based on the conclusion that Asians were neither white nor African. Because the distinction between white and Asian was considerably unstable, however, those charged with the interpretation and implementation of the naturalization act faced difficult racial classification questions. Through archival research and a close reading of the arguments contained in the documents of the US Bureau of Naturalization, especially those documents that discussed challenges to racial eligibility for naturalization, Doug Coulson demonstrates that the strategy of foregrounding shared external threats to the nation as a means of transcending perceived racial divisions was often more important to racial classification than legal doctrine. He argues that this was due to the rapid shifts in the nation’s enmities and alliances during the early twentieth century and the close relationship between race, nation, and sovereignty.

Table of Contents

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What Emerging Multiracial Plaintiff Cases Suggest About Employment Discrimination Law

Posted in Articles, Census/Demographics, Law, Media Archive, United States on 2017-11-06 19:51Z by Steven

What Emerging Multiracial Plaintiff Cases Suggest About Employment Discrimination Law

New York Law Journal
2017-11-03

Tanya Katerí Hernández, Professor of Law
Fordham University School of Law

Tanya Katerí Hernández writes: The presence of fluid mixed-race racial identities within allegations of employment discrimination leads some legal commentators to conclude that civil rights laws are in urgent need of reform.

With the growth of a mixed-race population in the United States that identifies itself as “multiracial,” legal commentators have begun to raise concerns about how employment discrimination law responds to the claims of multiracial plaintiffs. The U.S. Census Bureau began permitting respondents to simultaneously select multiple racial categories to designate their multiracial backgrounds with the 2000 Census. With the release of data for both the 2000 and 2010 census years much media attention has followed the fact that first 2.4 percent then 2.9 percent of the population selected two or more races. The Census Bureau projects that the self-identified multiracial population will triple by 2060. Yet mixed-race peoples are not new. Demographer Ann Morning notes that their early presence in North America was noted in colonial records as early as the 1630s…

Read the entire article here.

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The Black Supremacist

Posted in Articles, Law, Media Archive, Passing, United States on 2017-08-16 01:49Z by Steven

The Black Supremacist

The New York Times Magazine
2003-05-25

Paul Tough

Leo Felton walked out of prison on Jan. 28, 2001, looking like a man ready to take his place in American society. He had spent 11 years in the custody of the state, but now, at 30, he had served his time and seemed ready to settle down. He moved into the apartment that his wife, Lisa, had found for them in Ipswich, an old-fashioned New England town north of Boston. He got a decent job doing construction. It was a cold winter, but Lisa and Leo took walks in the woods together and rode their bicycles all over town.

Felton managed to stay free for only three months. He is back in prison now, beginning a 21-year sentence for crimes he committed after his release. The prosecutor in the case said in court that Felton was a racial terrorist, that he had been “plotting to use violent terrorist actions, like blowing up the U.S. Holocaust Museum in Washington, D.C., in the hope and belief that such actions would spark and ignite a racial war, a racial holy war, that would bring about this new, all-white nation.” In a letter that Felton wrote to the judge, after he was found guilty, he confirmed that his ultimate goal was to establish “a politically and territorially autonomous White nation somewhere in North America.” He wrote that given the way things had looked to him at the time he got out of prison, he wasn’t able to see any path that seemed like “an honorable alternative to armed revolt.”…

I recently went to visit Felton in prison in Massachusetts (the only time we met face to face over the course of several months of conversation by phone), and we talked for half an hour through an inch-thick slice of Plexiglas, each of us with a phone held up to an ear. Felton is a lean, tall, imposing man with tattoos up and down each arm and the word “skinhead” inked into his shaved scalp in inch-high Gothic letters. His gaze was intent, and his vivid, expressive face shifted rapidly from humor to anger and back again; his voice was loud and deep, and his speech carried within it all the contradictions of the jailhouse autodidact. He swore frequently, turning venomous when talking about the “maggots” guarding the maximum-security wing of the prison where he was being held. But when our conversation shifted to politics or books or an article he had enjoyed in the latest New Yorker, his vocabulary blossomed with words like “aegis” and “Weltanschauung” and references to Dostoevsky.

If you know Leo Felton’s story, it is difficult, when you first meet him, to concentrate on anything other than his appearance. It’s not just the tattoos. He has spent many years devoted to the idea of racial separation, to the belief that Americans should be divided by the color of their skin. But his own appearance is hard to define. His skin is olive-colored. His features are angular. It’s not hard to believe what he wrote in a letter to a racist friend just before he got out of prison, that he is “¼ English and ¾ Italian.”

But, in fact, he is the product of a short-lived and idealistic late-60’s marriage between a white former nun named Corinne Vincelette and a black architect named Calvin Felton. That is Leo Felton’s biological reality, despite his elaborate attempt, over the last decade, to rebel against it. It is a reality that he blames for many of the wrong turns that his life has taken, a reality that he successfully shielded from his brothers in the movement for years, a reality that only now, back in prison, is he trying to understand in a new way…

Read the entire article here.

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Racism Comes Full Circle: America as the Harbinger of the Nazis’ Race Laws

Posted in Articles, Book/Video Reviews, Europe, History, Law, Media Archive, Social Justice, United States, Virginia on 2017-08-15 19:00Z by Steven

Racism Comes Full Circle: America as the Harbinger of the Nazis’ Race Laws

Haaretz
2017-08-15

Oded Heilbronner, Lecturer in Cultural and Historical Studies
Hebrew University of Jerusalem; Shenkar College of Engineering and Design


Demonstrators carry confederate and Nazi flags during the Unite the Right free speech rally at Emancipation Park in Charlottesville, Virginia, USA on August 12, 2017. Emily Molli / NurPhoto

James Q. Whitman, Hitler’s American Model: The United States and the Making of Nazi Race Law (Princeton: Princeton University Press, 2017)

Nazi sentiment was very much influenced by the American experience including the Jim Crow legislation in the South, Yale’s James Q. Whitman says in new book

A recent study has joined the constant flow of research on the Third Reich, an original work that sheds more light on a subject we thought we knew everything about: Nazi racism. It’s a subject all the more current after the events in Charlottesville, Virginia, over the weekend.

Countless books have been written on the sources of Nazi racism. Some reconstruct 500 years of German history, since the days of Martin Luther, and find the source of the Nazis’ murderous worldview. Others see Nazi ideology as a historical accident whose roots are to be found only in the few years before the rise of the Third Reich.

Others invoke European contexts: the Eastern European or French anti-Semitism on the eve of the 20th century, and the Communist revolution, whose shock waves included murderous anti-Semitism in Europe. We also must not ignore the biographical-psychological studies that focus on the pathological anti-Semitism developed by the Nazis, with Hitler at their head.

The unique work of Prof. James Q. Whitman of Yale Law School, whose previous book explored the growing divide between criminal law and punishment in America compared to Europe, belongs to a long series of research noting the global contexts in which decisions are made and events occurred both regionally and domestically…

…Based on a long series of modern studies, Whitman says the Nuremberg Laws were crafted so as to create citizenship laws based on racial categories. The main motive for the legislation was to prevent mixed marriages, which would lead to the birth of mixed-race children and “racial pollution.” At the center of the debate that preceded the Nuremberg Laws was the aspiration to construct a legal code that would prevent such situations. American precedents, which were meant to make African-Americans, Chinese and Filipinos second-class citizens, provided inspiration for the Nazis…

Read the entire article here.

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Not There Yet

Posted in Articles, Brazil, Caribbean/Latin America, Law, Media Archive, Politics/Public Policy, Social Justice, United States on 2017-08-10 01:21Z by Steven

Not There Yet

Fordham Law News: From New York City To You
2017-05-24

A conversation with six Fordham Law professors about civil rights.

While it has been more than 50 years since the last Civil Rights Act was passed, the United States still has work to do to fully realize the equality of all persons. To plot where we are on the long road of civil rights, Fordham Lawyer spoke with six professors: Elizabeth Cooper, Tanya Hernández, Leah Hill, Joseph Landau, Robin Lenhardt, and Kimani Paul-Emile.

How does the United States measure up against Latin American countries with our same history of slavery and racial inequality?

Hernández: It’s somewhat of a mixed bag in Latin America. There are examples of very impoverished understandings of race—a sort of denial that there is any problem with racism because of the extant mythology across the region that perpetuates the idea that racial mixture equals racial harmony. At the same time, there’s a lot of social justice activism on the part of Afro-Latinos; in fact, they have garnered significant traction with political administrations that have been amenable to them. For example, in 2012 Brazil had a significant Supreme Federal Court ruling that held that race-based affirmative action was constitutional. Notably, the opinion was rooted in the idea that neutrality was not enough—that it was not enough for law to be neutral if they wanted to achieve equality. That’s pretty remarkable. It contrasts with what has been happening with the U.S. Supreme Court in this area. Since the Reagan years, there has been this shift to a jurisprudence that is all about color blindness: Equality is viewed as simply being neutral. The Court doesn’t look at the material effects of people having different starting points and, consequently, different needs. That particular comparison shows a kind of enlightenment in the Latin American sphere that we have not seen in a while in the United States.

About a year or so after this Federal Supreme Court decision, new legislation called the Law of Social Quotas was passed in Brazil. What this did was mandate that there be race-based affirmative action within all the public federal universities. What’s significant about this is that there are actual quotas—numbers that can be measured and monitored. Institutions can be held accountable. There’s none of this discomfort with the idea that having accountability means that you’re demeaning someone by only viewing them as being a race. Instead, it’s a notion that the numbers matter because the numbers inform the direct way to integrate an institution.

This type of attention to race stands in marked contrast to the United States, where the use of affirmative action is sometimes misdescribed as being the most radical. But what is often misunderstood is that the United States has forbidden quotas since 1978 with the Bakke case [Regents of the University of California v. Bakke]. Thus, we don’t have authorization to use direct numerical set-asides. We can have targets and wish lists, but there can be no hard number. Without a hard number, how do you hold the institution accountable?…

Read the entire article here.

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