||Affirming Affirmative Action by Affirming White Privilege: Sffa V. Harvard
||108 Georgetown Law Journal Online 134 (2020)
||Harvard College's race-based affirmative action measures for student admissions survived trial in a federal district court. Harvard's victory has since been characterized as [t]hrilling, yet [p]yrrhic. Although the court's reasoning should be lauded for its thorough assessment of Harvard's race-based affirmative action, the roads not taken by...; Search Snippet: ...Law Journal Online 2020 Article AFFIRMING AFFIRMATIVE ACTION BY AFFIRMING WHITE PRIVILEGE: SFFA v. HARVARD Jeena Shah [FNa1] Copyright © 2020 by Jeena...
||Demons, Savages, and Sovereigns: on Whiteness and Law
||36 Harvard Blackletter Law Journal L.J. 7 (Spring, 2020)
||Race is commonly understood to refer to a particular combination of a set of certain phenotypic traits--skin color, nose shape, etc.--and ethnic heritage, sometimes with associated cultural characteristics and predispositions. It is an ascribed trait, something people are born into and cannot change (with the important exception of passing, where...; Search Snippet: ...Law Journal Spring, 2020 Article DEMONS, SAVAGES, AND SOVEREIGNS: ON WHITENESS AND LAW James Ramsey [FNa1] Copyright © 2020 by the President...
|Khaled A. Beydoun
||Faith in Whiteness: Free Exercise of Religion as Racial Expression
||105 Iowa Law Review 1475 (May, 2020)
|| Faith in whiteness is the affirmation that religion remains forceful in shaping race and racial division. It is also the observation, born from formative contestations of racial exclusion and today's rising white populism, that central to the American experience is the conditioned belief that whiteness stands at the pinnacle of social...; Search Snippet: ...LAW REVIEW Iowa Law Review May, 2020 Article FAITH IN WHITENESS: FREE EXERCISE OF RELIGION AS RACIAL EXPRESSION Khaled A. Beydoun...
|Khiara M. Bridges
||Race, Pregnancy, and the Opioid Epidemic: White Privilege and the Criminalization of Opioid Use During Pregnancy
||133 Harvard Law Review 770 (January, 2020)
||C1-2CONTENTS Introduction. 772 Formulations of White Privilege. 778 I. The Opioid Epidemic. 785 A. Race and the Opioid Epidemic. 788 B. Pregnancy and the Opioid Epidemic. 793 II. Substance Use During Pregnancy and the Law. 798 A. Civil Systems. 798 B. Criminal Systems. 803 1. Alabama. 810 2. South Carolina. 811 3. Tennessee. 812 III. The...; Search Snippet: ...Review January, 2020 Article RACE, PREGNANCY, AND THE OPIOID EPIDEMIC: WHITE PRIVILEGE AND THE CRIMINALIZATION OF OPIOID USE DURING PREGNANCY Khiara M...
|Krystal D. Williams
||Why White Privilege Is a Necessary Part of Any Conversation on Racism
||35 Maine Bar Journal 110 (2020)
||Editor's Note: The following letter was submitted to the Maine State Bar Association following remarks delivered during a regularly scheduled edition of Bar Talk, the MSBA's Zoom forum for discussing law practice and MSBA activities during the coronavirus pandemic. In the Maine State Bar Association's June 15, 2020 Bar Talk Program, Attorney Leah...; Search Snippet: ...110 MAINE BAR JOURNAL Maine Bar Journal 2020 Feature WHY WHITE PRIVILEGE IS A NECESSARY PART OF ANY CONVERSATION ON RACISM Krystal...
||Whiteness as Innocence
||96 Denver Law Review 635 (Spring, 2019)
||Current antidiscrimination law is exceedingly hostile to the project of race-conscious remediation--the conscious use of race to mitigate America's persistent racial hierarchy. This Article argues that this broad hostility can be traced in significant part to what I call Whiteness as Innocence ideology. This ideology is a system of legal...
|Melvin J. Kelley IV
||Retuning Bell: Searching for Freedom's Ring as Whiteness Resurges in Value
||34 Harvard Journal on Racial & Ethnic Justice 131 (Spring, 2018)
||A review of U.S. history demonstrates that profound progress has been made in addressing racial injustices over the years. Yet the dream of equality still remains elusive for most people of color, as evidenced by persistent racial inequities across all measures, the rollback of civil rights victories, as well as the election of President Trump and...
||Whiteness at Work
||24 Michigan Journal of Race and Law 111 (Fall, 2018)
||How do courts understand Whiteness in Title VII litigation? This Article argues that one fruitful site for such examination is same-race discrimination cases between Whites. Such cases offer a peek into what enables regimes of Whiteness and White supremacy in the workplace, and the way in which Whiteness is theorized within Title VII adjudication....
|Melvin J. Kelley IV
||Interpreting Equal Protection Clause Jurisprudence under the Whiteness-bell Curve: How Diversity Has Overtaken Equity in Education
||21 Journal of Gender, Race and Justice 135 (Winter 2017)
||Racial inequities in educational opportunities persist despite decades of race-based affirmative action policies pursuing integration and diversity. The late Professor Derrick Bell long argued that the Equal Protection Clause of the Fourteenth Amendment, standing alone, would not provide racial equality for Blacks. His conclusion was premised on...
||Policing the Boundaries of Whiteness: the Tragedy of Being "Out of Place" from Emmett till to Trayvon Martin
||102 Iowa Law Review 1113 (March, 2017)
||ABSTRACT: This Article takes what many view as an extraordinary case about racial hatred from 1955, the Emmett Till murder and trial, and analyzes it against the Trayvon Martin killing and trial outcome in 2012 and 2013. Specifically, this Article exposes one important, but not yet explored similarity between the two cases: their shared role in...
||Corporations Are (White) People: How Corporate Privilege Reifies Whiteness as Property
||31 Harvard Journal on Racial & Ethnic Justice 129 (Spring 2015)
||In 1993, renowned legal scholar and Critical Race theorist Cheryl Harris's Whiteness as Property examined how property rights interact with and reinforce race. Harris documents how the American property regime developed in tandem with conceptions of race to inhere the white identity with protected legal value, shaping historical patterns of...
|Charles R. Lawrence III
||Passing and Trespassing in the Academy: on Whiteness as Property and Racial Performance as Political Speech
||31 Harvard Journal on Racial & Ethnic Justice Just. 7 (Spring 2015)
||Cheryl Harris begins her canonical piece, Whiteness as Property, by introducing her grandmother Alma. Fair skinned with straight hair and aquiline features, Alma passes so that she can feed herself and her two daughters. Harris speaks of Alma's daily illegal border crossing into this land reserved for whites. After a day's work, Alma returns home...
|Natsu Taylor Saito
||Race and Decolonization: Whiteness as Property in the American Settler Colonial Project
||31 Harvard Journal on Racial & Ethnic Justice 31 (Spring 2015)
||If we change the stories we live by, quite possibly we change our lives. Ben Okri A half-century after some of the most celebrated victories of the civil rights movement, the formal equality achieved during that era has had little discernible impact on the disparities that continue to define the material and psychological conditions of life for...
||Whiteness as Property in Israel: Revival, Rehabilitation, and Removal
||31 Harvard Journal on Racial & Ethnic Justice 69 (Spring 2015)
||This essay seeks to read Whiteness as Property onto contemporary Israel by demonstrating that the value ascribed to Jewish nationality is not simply a matter of Jew versus non-Jew. Instead, Whiteness reflects a European order that reproduces and embodies the exclusionary and orientalist tropes that produced anti-Semitism in Europe. The State...
|Cheryl I. Harris
||Whiteness as Property: a Twenty Year Appraisal
||31 Harvard Journal on Racial & Ethnic Justice 148 (Spring, 2015)
||The publication of this volume is an honor for which I extend my sincere thanks to the editors, to the contributors and to all who participated in its production. The articles contained here, while invoking Whiteness as Property as inspiration (or perhaps provocation), make unique and important contributions in their own right. Together they...
|Camille Gear Rich
||Angela Harris and the Racial Politics of Masculinity: Trayvon Martin, George Zimmerman, and the Dilemmas of Desiring Whiteness
||102 California Law Review 1027 (August, 2014)
||This Festschrift Essay uses the Trayvon Martin controversy as an opportunity to reflect on the insights Angela Harris's scholarship provides about the dialogic relationship between race, masculinity, and the criminal law. After surveying Harris's contributions to critical race theory, masculinity studies, and feminist legal theory, this Essay...
|Dagmar Rita Myslinska
||Contemporary First-generation European Americans: the Unbearable "Whiteness" of Being
||88 Tulane Law Review 559 (February, 2014)
||Contemporary European immigrants face unique sociocultural and legal concerns that go beyond issues of race, class, national-origin, and accent discrimination. These concerns are not adequately addressed by laws protecting groups based on their national origins or ancestries. Scholarship and public discussions are silent on this topic. As a result,...
||On V. Stiviano, Donald Sterling's Companion: Exploring Whiteness as Property
||10 Florida A & M University Law Review 245 (Fall 2014)
||Introduction. 245 I. The Problem: White Male Institutions and Individuals Have Historically Established Black and Latina Women's Identity, Which Positions These Women at Risk of Physical and Reputational Harms. 251 II. Why the Master's Conduit Lacks Associative Freedom. 255 III. If Blackness is Property, then Black Men Own Larger Shares than Black...
|Dagmar Rita Myslinska
||Racist Racism: Complicating Whiteness Through the Privilege and Discrimination of Westerners in Japan
||83 UMKC Law Review Rev. 1 (Fall, 2014)
||With no anti-discrimination legislation, strong Confucian-inspired in-group mentality, and a belief in their mono-ethnicity, Japan is marred by a culture of widespread discrimination. Although it has ratified the International Convention for the Elimination of All Forms of Racial Discrimination, and guarantees equality in its Constitution, all...
||The Unbearable Whiteness of Abc: the First Amendment, Diversity, and Reality Television in the Wake of Claybrooks V. Abc
||66 SMU Law Review 431 (Spring 2013)
||I. INTRODUCTION. 432 II. HISTORICAL INTERSECTIONS BETWEEN THE FIRST AMENDMENT AND DIVERSITY. 433 A. First Amendment Freedom of Speech. 433 B. First Amendment Freedom of Conduct. 434 C. Balancing Free Speech and Diversity. 435 1. Free Speech over Diversity. 435 2. Diversity over Free Speech. 435 D. Other Discrimination Safeguards. 439 1. Title VII....
||The Unbearable Whiteness of Milk: Food Oppression and the Usda
||3 UC Irvine Law Review 1251 (December, 2013)
||Introduction. 1251 I. Food Oppression. 1254 II. Milk Does a Body Good?. 1257 III. Structural and Cultural Analysis of the USDA's Promotion of the Dairy Industry. 1263 A. Structural Analysis. 1263 1. Challenges Facing the USDA as a Multi-Role Agency. 1263 2. Federal Dietary Guidelines. 1264 3. Distribution. 1266 B. Cultural Analysis. 1268 1....
|Caroline Joan S. Picart
||A Tango Between Copyright and Choreography: Whiteness as Status Property in Balanchine's Ballets, Fuller's Serpentine Dance and Graham's Modern Dances
||18 Cardozo Journal of Law & Gender 685 (Spring 2012)
||The stage is dark, but in one corner, in the shadows, kneels the curved, still body of a man. His silhouette shows his face buried in his palms, as if in anguish, as if remembering . . . or as if dreaming. Out of the darkness behind him, in a single shaft of light, steps the figure of a young girl. Her hair is loose, her white gown is flowing and...
|George A. Martínez
||Arizona, Immigration, and Latinos: the Epistemology of Whiteness, the Geography of Race, Interest Convergence, and the View from the Perspective of Critical Theory
||44 Arizona State Law Journal 175 (Spring 2012)
||I. Introduction. 176 II. A Critical Perspective on Arizona and the New Immigration Law and Other Laws Impacting Latinos. 179 A. The Epistemology of Whiteness and the Creation of a White Geography or Space in Arizona. 180 B. The Outlawing of Ethnic Studies in Arizona and the Segregation of Knowledge as a Corollary to the Establishment of a White...
||Life, Liberty, and the Pursuit of Whiteness: a Revolution of Identity Politics in America
||2 Columbia Journal of Race and Law 149 (2012)
||An enduring motif in American political history reflects the nation's slow progression towards inclusion of a once disenfranchised populace. In the annals of its jurisprudence, the nation recalls a time when citizenship was linked to race: a time when the racial perquisites for naturalization were not challenged based on its constitutionality, but...
||The Desire for Whiteness: Can Law and Economics Explain It?
||2 Columbia Journal of Race and Law 117 (2012)
||This Article provides a new theoretical perspective on colorism by considering it from an economic point of view. It relies on three theories of law and economics that explain racism. While critiquing these theories, it also extends them to evaluate colorism. Because these theories correlate race with skin color, applying these theories to colorism...
||The Tale of the Tribe and the Company Town: What We Can Learn about the Workings of Whiteness in the Pacific Northwest
||90 Oregon Law Review 1273 (2012)
||Introduction. 1274 I. Terms, Concepts, and Meanings: A Few Words. 1275 II. The Tale of the Tribe and the Company Town . 1279 III. Where, or Who and What, Is the Inland Northwest?. 1283 IV. Whitopias of the Inland Northwest. 1286 V. Organized Hatred and Extremism--The Inland Northwest Within the Pacific Northwest. 1293 VI. Company Towns in the...
|Brant T. Lee
||Biological Metaphors for Whiteness: Beyond Merit and Malice
||13 Berkeley Journal of African-American Law & Policy 103 (2011)
||There is a legal storm brewing over the cause of racial inequality. The eye of the storm is disparate impact liability under Title VII of the Civil Rights Act of 1964. The issue is the importance of discriminatory intent to antidiscrimination policy and theory. Washington v. Davis established the strong precedent that a violation of the Equal...
|Robert S. Chang
||Joan Williams, Coalitions, and Getting Beyond the Wages of Whiteness and the Wages of Maleness
||34 Seattle University Law Review 825 (Spring, 2011)
||Family is a complicated place. It is a place of tenderness and nurturing. It is a place of terror and violence. It is a key social and economic unit in our society, stepping in voluntarily and through necessity to provide what the market and the state are unable or unwilling to provide. We depend on the family to produce the next generation of...
|Camille Gear Rich
||98 California Law Review 1497 (October, 2010)
||How are whites injured by minority-targeted racism? Prior to filing her Title VII interracial solidarity claim, Betty Clayton thought she knew. For years, Clayton, a white cafeteria worker employed by the White Hall School District, was granted a nonresidency privilege that allowed her to enroll her daughter in one of the district's schools. This...
||Risk-free Racism: Whiteness and So-called "Free Speech"
||44 Wake Forest Law Review 535 (Summer 2009)
||This Article examines the costs of so-called free speech in relation to race, particularly with reference to debates about a supposed link between race and intelligence/educability. Drawing on an analysis of media coverage in the United Kingdom, I show how Whiteness (a regime of beliefs and attitudes that embodies the interests and assumptions of...