Mixed Race Studies

The “Common Sense” of Race

Southern California Law Review
Volume 83, Number 3 (March 2010)
pages 441-452

Neil Gotanda, Professor of Law
Western State University College of Law, Fullerton California

In What Blood Won’t Tell: A History of Race on Trial in America, Ariela J. Gross provides a compelling and nuanced account of race in America. Through her examination of “racial trials”—litigation in which racial identification plays a crucial role—Gross ties together the personal, social, and political dimensions of racial identity and classification. This discussion provides an important new perspective on the study of race in this country.

Earlier studies of racial classification have focused on the meanings of statutory racial categories. Gross, however, centers her analysis on the formation and reaffirmation of racial categories as a primarily social process. Gross draws from numerous racial trials—spanning slavery in the antebellum South to modern-day Mexican Americans grappling with “whiteness”—in order to survey the origins and history of “black” and “white” as categories in American life.

Read the entire essay here.

Race, Blood, and What the Alligator Knows: A Review of What Blood Won’t Tell

Southern California Law Review
Volume 83, Number 3 (March 2010)
pages 425-440

Jason A. Gillmer, Associate Professor of Law
Texas Wesleyan School of Law

From the opening pages of Ariela J. Gross’s What Blood Won’t Tell: A History of Race on Trial in America, it is clear that the reader is about to embark on something special. The story begins in a Louisiana courthouse in 1857, with an enslaved woman named Alexina Morrison claiming that she is white. For her contemporaries, the assertion no doubt carried troubling implications. James White, the man who insisted Morrison was black, had papers to prove that he paid good money for her and that she was his property. But her “blue eyes and flaxen hair” told a different story, and her recent appearances at public balls in Jefferson Parish had convinced a number of residents that her graceful mannerisms and affectations were those of a white woman rather than slave. The courtroom was soon bombarded with a dizzying array of evidence for such a simple question—was she white or was she black?—with men eventually stripping her to the waist to examine her body for the tiniest signs of her true identity. Three trials later, the community still had not resolved the issue. But more importantly, from Gross‘s view, this case provides an unparalleled opportunity to examine the complex and constantly shifting ground of race and its import for this nation‘s history…

Read the entire essay here.

Reading between the (Blood) Lines

Southern California Law Review
Volume 83, Number 3 (2010)
pages 473-494

Rose Cuison Villazor, Professor of Law
Hofstra University School of Law

Legal scholars and historians have depicted the rule of hypodescent—that “one drop” of African blood categorized one as Black—as one of the powerful ways that law and society deployed to construct racial identities and deny equal citizenship. Ariela J. Gross’s new book, “What Blood Won’t Tell: A History of Race on Trial in America,” boldly complicates the dominant narrative about hypodescent rules in legal scholarship. On the one hand, “What Blood Won’t Tell” argues that the legal and social construction of race was far more complex, flexible and subject to manipulation than the scholarship regarding the rules about blood distinctions has suggested. On the other hand, “What Blood Won’t Tell” highlights circumstances, both historically and in recent memory, of the ways in which blood distinctions played crucial roles in shaping the identity of people of color, including indigenous peoples. Importantly, “What Blood Won’t Tell” also examines how blood quantum rules relate to contemporary efforts to reassert indigenous peoples’ sovereignty and claims to lands.

This Review highlights the important contributions of “What Blood Won’t Tell” to our understanding of the racial experience of indigenous peoples and the contemporary methods used to remedy the present-day effects of indigenous peoples’ colonial experience. “What Blood Won’t Tell” advances a more robust account of the racialization of people of color through rules about blood differences in at least three ways. First, it places the colonial experience of indigenous peoples within the larger historical contexts of racial subordination and efforts to promote White domination and privilege. Second, it underscores the federal government’s ongoing responsibility to counteract the long-standing effects of its past misdeeds by addressing indigenous peoples’ unresolved claims to lands that have been stolen from them. Third, it allows us to take a careful look at the relationship between blood quantum rules and the right of indigenous peoples to exercise self-determination. Taken together, these three perspectives reveal the immense challenges inherent to remedying the long-term effects of the racialization and colonization of indigenous peoples.

Read the entire article here.