AuthorTitleCitationSummaryYearKeywords in Title or Summary
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... 2018 Yes
Freya Irani The Production of Feeling and the Reproduction of Privilege: Expectation, Affect, and International Investment Law 65 UCLA Law Review Discourse 158 (2018) In the last twenty years, the concept of legitimate expectations has come to play a very prominent role in international investment treaty-based arbitration, as arbitral tribunals have required states to compensate investors for taking measures that allegedly interfere with, or for failing to take measures that protect, such investors' legitimate... 2018 Yes
Elizabeth Teebagy White Privilege and Racial Narratives: the Role of Race in Media Storytelling of Sexual Assaults by College Athletes 21 Journal of Gender, Race and Justice 479 (Winter, 2018) I. Introduction. 479 II. Background. 482 A. Critical Race Theory. 482 1. White Privilege. 483 2. Interest-Convergence. 483 3. The Myth of the Hypersexualized and Dangerous Black Man. 484 a. Implicit Bias and Confirmation Bias. 485 B. Media and Racialized Crime Narratives. 486 C. The Relationship Between Sexual Assault and Collegiate Athletics. 487... 2018 Yes
Lihi Yona 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.... 2018 Yes
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... 2017 Yes
Caroline Mala Corbin Justice Scalia, the Establishment Clause, and Christian Privilege 15 First Amendment Law Review 185 (Symposium, 2017) Justice Scalia had an unusual take on the Establishment Clause. From its earliest Establishment Clause cases, the Supreme Court has held that the Clause forbids the government from first, favoring one or some religions over others, and second, favoring religion over secular counterparts. Although Justice Scalia was not alone in questioning the... 2017 Yes
Jeremy Dunham, Holly Lawford-Smith, University of Sheffield, Department of Philosophy, j.dunham@sheffield.ac.uk, University of Sheffield, Department of Philosophy, h.lawford-smith@sheffield.ac.uk Offsetting Race Privilege 11 Journal of Ethics & Social Philosophy 1 (January, 2017) ON SATURDAY, AUGUST 9, 2014, Michael Brown was shot - six times - and killed by Darren Wilson, a white police officer in Ferguson, Missouri (see e.g., Buchanan et al. (2014)). Since that date, Ferguson has been the center of a movement in the United States against what amounts to modern racial separation. Brown was the fourth unarmed black man to... 2017 Yes
Angela Onwuachi-Willig 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... 2017 Yes
George I. Lovell Reflections on a Funhouse Mirror--racist Violence, the Protection of Privilege, and the Limits of Tolerance 42 Law and Social Inquiry 571 (Spring, 2017) Bell, Jeannine. 2013. Hate Thy Neighbor: Move In Violence and the Persistence of Racial Segregation in American Housing. New York: NYU Press. Pp. 259. Jeannine Bell's Hate Thy Neighbor: Move In Violence and the Persistence of Racial Segregation in American Housing provides an account of racist violence as a tool for maintaining housing segregation... 2017 Yes
Erika Wilson The Great American Dilemma: Law and the Intransigence of Racism 20 CUNY Law Review 513 (Spring, 2017) At the start of the twentieth century, W.E.B. Du Bois noted that, the problem of the Twentieth Century is the problem of the color-line. Over a century later, Du Bois's words remain prescient. In the twenty-first century, the problem of the color line persists. This should come as no surprise. The subordination and marginalization of people of... 2017  
Leslie P. Culver White Doors, Black Footsteps: Leveraging "White Privilege" to Benefit Law Students of Color 21 Journal of Gender, Race and Justice 37 (Winter 2017) Law students of color typically avoid seeking the mentorship of white law professors, largely white males, finding female faculty and faculty of color more approachable and willing to serve as mentors. Yet, according to recent ABA statistics, white people make up eighty-eight percent of the legal profession, with sixty-four percent being male. In... 2017 Yes
Mark Dorosin A Civil Rights Act for the 21st Century: the Privileges and Immunities Clause and a Constitutional Guarantee to Be Free from Discriminatory Impact 6 Wake Forest Journal of Law and Policy 35 (February, 2016) Despite the significant gains made in the struggle for equality under the civil rights legislation of the 1960s, judicial interpretations have restricted the scope and breadth of civil rights laws and the Equal Protection Clause. The intransigence of institutional discrimination has severely limited the ability of individuals, communities, and... 2016 Yes
Gary Peller Privilege 104 Georgetown Law Journal 883 (April, 2016) In this Article, I describe how Holmes, Hohfeld, and other legal realists deployed the jural character of the privilege status to debunk the libertarian narratives of classical legal thought. I then present three doctrinal areas in which contemporary American legal discourse seems to ignore these realist analytics by mistaking the privilege... 2016  
Amanda Werner 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... 2015 Yes
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... 2015 Yes
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... 2015 Yes
Lorren Patterson Reaction to "Reducing Privilege Inequities Through Early Childhood Education" 7 Georgetown Journal of Law & Modern Critical Race Perspectives 295 (Fall, 2015) In Reducing Privilege Inequities Through Early Childhood Education, Kelly Trout succeeds in proposing and justifying a radical framework for education policy that would promote social justice by pointing to the way our society has moved from overt racism to implicit racism and noting that race does in fact still matter. While it is highly... 2015 Yes
Anthony Tran Reaction to "Reducing Privilege Inequities Through Early Childhood Education" 7 Georgetown Journal of Law & Modern Critical Race Perspectives 293 (Fall, 2015) Kelly Trout's article, Reducing Privilege Inequities through Early Childhood Education, is written at a time when race relations have reentered the forefront of American social and political consciousness. In what perhaps sparked this latest iteration of mass racial consciousness, grand juries failed to indict policemen implicated in the deaths of... 2015 Yes
Aaron Farovitch Reaction to "Reducing Privilege Inequities Through Early Childhood Education" 7 Georgetown Journal of Law & Modern Critical Race Perspectives 291 (Fall, 2015) Kelly Trout's piece offers an optimistic glance into what it would look like to use race conscious policy to address the stark inequities facing students in early childhood education. Her argument, of course, goes well beyond just the realm of early childhood education and can be used as a platform for change in other arenas. Trout identifies and... 2015 Yes
Kelly Field Trout Reducing Privilege Inequities Through Early Childhood Education 7 Georgetown Journal of Law & Modern Critical Race Perspectives 269 (Fall, 2015) I've known that I wanted to do astrophysics since I was nine years old, so I got to see how the world around me reacted to my expression of these ambitions. The fact that I wanted to be a scientist, an astrophysicist, was hands down the path of most resistance through the forces of society. Any time I expressed this interest, teachers would say,... 2015 Yes
Ernesto Hernández-López Sriracha Shutdown: Hot Sauce Lessons on Local Privilege and Race 46 Seton Hall Law Review 189 (2015) In 2013, Huy Fong Foods, maker of the trendy hot sauce sriracha, fought in court to stay open. The Los Angeles suburb of Irwindale tried to enjoin all sauce production, arguing that offensive chili odors created a public nuisance. This was an unexpected development because Huy Fong was recently invited to relocate to Irwindale and air quality... 2015 Yes
Lisa R. Pruitt, Marta R. Vanegas Urbanormativity, Spatial Privilege, and Judicial Blind Spots in Abortion Law 30 Berkeley Journal of Gender, Law & Justice 76 (Winter 2015) State laws regulating abortion have proliferated dramatically in recent years. Twenty-two states adopted seventy different restrictions in 2013 alone. Between 2011 and 2013, state legislatures passed 205 abortion restrictions, exceeding the 189 enacted during the entire prior decade. The constitutionality of several such restrictions--parts of... 2015 Yes
Noura Erakat 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... 2015 Yes
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... 2015 Yes
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... 2014 Yes
Michelle D. Deardorff, Ph.D. Constructing the Franchise: Citizenship Rights Versus Privileges and Their Concomitant Policies 33 Mississippi College Law Review 161 (2014) Access to the ballot has been a contentious issue in American politics since our very founding as a nation, and for good reason. In a representative democracy, those who are empowered to elect the officials who will govern and rule are the very ones who determine which competing political value will be the basis for public policy. Over time, the... 2014 Yes
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,... 2014 Yes
Imani Jackson 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... 2014 Yes
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... 2014 Yes
Joe Mitchell Breaking out of the Mold: Minority-majority Districts and the Sustenance of White Privilege 42 Washington University Journal of Law & Policy 235 (2013) Racial discrimination remains a major problem in the United States. Despite the end of slavery after the Civil War, the temporary establishment of inclusive Southern political systems during Reconstruction, and the Civil Rights Movement of the 1960s, huge economic and political disparities remain between racial groups within the United States. The... 2013 Yes
Barbara J. Flagg Epilogue: Autonomy as Privilege 42 Washington University Journal of Law & Policy 149 (2013) Privilege Revealed reflects a paradigm shift in American jurisprudence, from a conception of law and society built upon the classical liberal notion of unfettered individualism to an understanding based on the ways differential burdens and advantages impact individuals' lives and thus ought to play a role in the development and implementation of... 2013 Yes
Laura A. Rosenbury Marital Status and Privilege 16 Journal of Gender, Race and Justice 101 (Summer, 2013) Angela Onwuachi-Willig's powerful new book, According to Our Hearts: Rhinelander v. Rhinelander and the Law of the Multiracial Family, delves deeply into the intersections between race and family that remain to this day, despite facially race-neutral family law. The book expertly examines the unearned privileges that have long attached to... 2013 Yes
Arthur F. McEvoy Privilege and Responsibility 42 Washington University Journal of Law & Policy 23 (2013) Some twenty years ago, Stephanie Wildman began writing about privilege: an integrated, multi-layered, and largely invisible system of social hierarchy that sustains inequality and subordination in our culture and works in mysterious ways to confound whatever efforts people might make to ameliorate them. Our legal culture permits us to attack... 2013  
Bela August Walker Privilege as Property 42 Washington University Journal of Law & Policy 47 (2013) In 2008, after the election of President Barack Obama, voices throughout the nation rose up to declare the beginning of a new epoch in U.S. history: We have now moved beyond race. The vocabulary of colorblindness dates back to at least the nineteenth century, when Justice John Marshall Harlan first declared, [o]ur constitution is color-blind, and... 2013  
Danielle Kie Hart Revealing Privilege --why Bother? 42 Washington University Journal of Law & Policy 131 (2013) Fifteen years ago, Stephanie Wildman wrote a provocative and compelling book entitled Privilege Revealed: How Invisible Preference Undermines America, with contributions by Margalynne J. Armstrong, Adrienne D. Davis, and Trina Grillo. In a thorough but concise examination of different and seemingly unrelated topics including, among others, housing,... 2013 Yes
Stephanie M. Wildman Revisiting Privilege Revealed and Reflecting on Teaching and Learning Together 42 Washington University Journal of Law & Policy Pol'y 1 (2013) The authorship of Privilege Revealed: How Invisible Preference Undermines America represents a story about women fighting about power: Here you take it, no you take it. I had said to Margalynne, Adrienne, and Trina that we all really should be co-authors. The four authors aligned along a spectrum with Trina Grillo at one end saying, This is your... 2013 Yes
Sarah Honeycutt 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.... 2013 Yes
Andrea Freeman 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.... 2013 Yes
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... 2012 Yes
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... 2012 Yes
Cynthia Hawkins DeBose Colonial White Mater Privilege: an Above-ground Railroad to Freedom and Land Reclamation 55 Howard Law Journal 455 (Winter 2012) INTRODUCTION. 457 I. Anti-Miscegenation Statutes. 459 II. Thesis--Colonial White Mater Privilege. 463 III. Colonial Maryland: A Mixing of the Races. 464 IV. The Tayles of the Whyte Matriarchs. 467 A. The Shorter Family. 467 B. The Hawkins Family. 468 V. Petitions for Freedom & Land Reclamation Cases: Testing the Theory in Maryland. 469 A. William &... 2012 Yes
Mara Shulman Ryan Criminal Law --invisible in the Courtroom Too: Modifying the Law of Selective Enforcement to Account for White Privilege 34 Western New England Law Review 301 (2012) On February 3, 2008, two men viciously taunted a University of Massachusetts Amherst (UMass) student through his dormitory window. Come out and fight! they urged him. The men were not students and had come to UMass to socialize. At the time of this exchange, they were both highly intoxicated[.] When the student demanded that they leave him... 2012 Yes
Anthony Michael Kreis Gay Gentrification: Whitewashed Fictions of Lgbt Privilege and the New Interest-convergence Dilemma 31 Law & Inequality: A Journal of Theory and Practice 117 (Winter, 2012) In 1986, in the midst of a rapidly spreading HIV/AIDS epidemic, the United States Supreme Court narrowly held there was no constitutional right to engage in same-sex sodomy. A mere ten years later, the Court made a sharp departure from its earlier posture towards sexual minorities. In Romer v. Evans, the Court struck down a state constitutional... 2012 Yes
Linda S. Greene Head Football Coaches: Ending the Discourse of Privilege 2 Wake Forest Journal of Law and Policy 115 (2012) In this Article, I address the historical existence of a discourse of privilege in the context of head football coach selection, and whether current approaches to head football coach selection reject that privilege. I describe the concept of a discourse of privilege--a repudiation of calls for accountability for head football coach selection... 2012 Yes
Andrés Acebo 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... 2012 Yes
Lenese C. Herbert O.p.p.: How "Occupy's" Race-based Privilege May Improve Fourth Amendment Jurisprudence for All 35 Seattle University Law Review 727 (Spring, 2012) What strikes me here is that you are an American talking about American society, and I am an American talking about American society--both of us very concerned with it--and yet your version of American society is really very difficult for me to recognize. My experience in it has simply not been yours. Occupy is an organic, diverse, grassroots, and... 2012 Yes
Stephanie M. Wildman , Margalynne Armstrong , Beverly Moran Revisiting the Work We Know So Little About: Race, Wealth, Privilege, and Social Justice 2 UC Irvine Law Review 1011 (December, 2012) In his article, The Work We Know So Little About, Gerald López introduces Maria Elena, a housekeeper, mother, tutor, seamstress, and cook. He connects her daily life struggles to make ends meet, to care for her family, and to survive with the issue of social justice for all members of society. He underlines the gap between such clients and legal... 2012 Yes
Shilpi Bhattacharya 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... 2012 Yes
John Shuford 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... 2012 Yes
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... 2011 Yes
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