AuthorTitleCitationSummaryYearKeywords in Title or Summary
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... 2011 Yes
Mark S. Brodin Ricci V. Destefano: the New Haven Firefighters Case & the Triumph of White Privilege 20 Southern California Review of Law & Social Justice 161 (Spring 2011) By order of this Court, New Haven, a city in which African Americans and Hispanics account for nearly 60 percent of the population, must today be served--as it was in the days of undisguised discrimination--by a fire department in which members of racial and ethnic minorities are rarely seen in command positions. In arriving at its order, the Court... 2011 Yes
Christian B. Sundquist The First Principles of Standing: Privilege, System Justification, and the Predictable Incoherence of Article Iii 1 Columbia Journal of Race and Law 119 (January, 2011) This Article examines the indeterminacy of standing doctrine by deconstructing recent desegregation, affirmative action, and racial profiling cases. This examination is an attempt to uncover the often unstated meta-principles that guide standing jurisprudence. The Article contends that the inherent indeterminacy of standing law can be understood as... 2011 Yes
Erica Holzer Torts: Striking a Balance: Minnesota's Minority Stance on the Privilege to Defame--zutz V. Nelson, 788 N.w.2d 58 (Minn. 2010). 38 William Mitchell Law Review 559 (2011) I. Introduction. 560 II. History. 562 A. The Tension Between Uninhibited Political Speech and Defamation. 563 B. The Origins and Development of Absolute Privilege. 565 1. Legislative Privilege. 565 2. Judicial Privilege. 569 3. Executive Privilege. 570 C. Expanding the Scope of Privilege. 571 D. Minnesota's Minority Stance. 572 III. The Zutz... 2011 Yes
Camille Gear Rich Marginal Whiteness 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... 2010 Yes
Tova Perlmutter Power and Privilege: Why Justice Demands More than Diversity 67 National Lawyers Guild Review 245 (Winter, 2010) Being here for this conference is immensely gratifying and feels like coming home to me, because 25 years ago I became one of the very first women's studies majors at my college. The perspective and tools women's studies provided me have definitely shaped all my work since then. Although I have remained and will always be a committed and vocal... 2010 Yes
Rob Trousdale White Privilege and the Case-dialogue Method 1 William Mitchell Law Raza Journal 28 (Spring 2010) C1-2TABLE OF CONTENTS I. Introduction 42 II. A History of the Case-Dialogue Method 31 III. The False Presumption of the Case-Dialogue Method 34 IV. The Power and Privileges of Whiteness 36 V. The Case-Dialogue Method's Perpetuation of White Privilege 39 VI. A Different Way to Learn the Law 42 2010 Yes
Donna E. Young Defining Race Through Law: Enforcing the Social Norms of Power and Privilege 72 Albany Law Review 1041 (2009) The problem of racial subordination and inequality is one that has saturated the national identity of the United States. It is a problem that has resulted in a body of American jurisprudence that has not only fostered a racist status quo but has also acted as an influential anti-discrimination model around the world. This result is not surprising.... 2009 Yes
David Gillborn 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... 2009 Yes
Tom W. Bell Copyright as Intellectual Property Privilege 58 Syracuse Law Review 523 (2008) Introduction. 523 I. Applying Privilege to Copyright. 526 A. Copyright as a Statutory Exception to Common Law. 528 B. Copyright as Not a Fundamental Civil Right. 531 II. Questioning Copyright- qua-Property. 532 A. Right to Exclude. 533 B. Use. 535 C. Alienation. 536 D. Acquisition. 537 E. Preservation. 537 F. Compensation for Takings. 538 G.... 2008 Yes
Sumi Cho Embedded Whiteness: Theorizing Exclusion in Public Contracting 19 Berkeley La Raza Law Journal 5 (2008) Around the same time that Critical Race Theory (CRT) was emerging as a field in law in the mid-1980's, the term, New Economic Sociology (NES) was coined at a roundtable discussion at the 1985 annual meeting of the American Sociological Association. Like CRT, NES was challenging fundamental disciplinary principles and assumptions. Just as... 2008 Yes
Marguerite L. Spencer Environmental Racism and Black Theology: James H. Cone Instructs Us on Whiteness 5 University of Saint Thomas Law Journal 288 (Winter 2008) I. Introduction. 288 II. Context. 290 A. Environmental Racism. 290 B. The Environmental Justice Movement. 293 C. Governmental Responses. 295 III. James H. Cone and Whiteness. 297 A. Black Theology. 297 B. White Theology. 299 C. The White Problem. 301 D. White American Structures. 302 IV. Toward an Ecological Ethic of True Reconciliation. 303 A.... 2008 Yes
Bela August Walker Fractured Bonds: Policing Whiteness and Womanhood Through Race-based Marriage Annulments 58 DePaul Law Review Rev. 1 (Fall 2008) In 1924, Leonard Kip Rhinelander filed for an annulment from his wife of only five weeks, Alice Beatrice Jones. Leonard asked the court to annul his marriage on grounds of fraud, asserting that Alice was of colored blood and had concealed this fact. The story was splashed across newspapers throughout the nation. One academic of the period... 2008 Yes
Gustavo Chacon Mendoza Gateway to Whiteness: Using the Census to Redefine and Reconfigure Hispanic/latino Identity, in Efforts to Preserve a White American National Identity 30 University of La Verne Law Review 160 (November, 2008) Recent census projections approximate that by 2050 Whites will make up less than 50% of the United States national population. Latinos are one of the fastest growing groups in the nation. From July 1, 2004 to July 1, 2005, the Hispanic community accounted for . . . 49% . . . of the national population growth of 2.8 million. The increasing... 2008 Yes
Tyler Simonds Heritage to Privilege 1 the crit: a Critical Studies Journal 175 (2008) Are you Marchesian? the old man with the thick accent would ask my mother while she and her friends played on the sidewalk. All the children of the Italian working-class neighborhood knew how to answer when the man asked them this strange question. Say yes, and he would toss them a nickel and smile; nobody ever had the stupidity or the... 2008 Yes
John Tehranian Selective Racialization: Middle-eastern American Identity and the Faustian Pact with Whiteness 40 Connecticut Law Review 1201 (May, 2008) Drawing on Charles Lawrence's insights on the power of unconscious racism, John Tehranian examines the social mechanisms that have fueled discrimination against Middle-Eastern Americans and exacerbated their relative invisibility in the body politic and the civil rights movement. Tehranian begins by examining the continued societal relevance of the... 2008 Yes
Margalynne J. Armstrong, Stephanie M. Wildman Teaching Race/teaching Whiteness: Transforming Colorblindness to Color Insight 86 North Carolina Law Review 635 (March, 2008) This Article argues that whiteness operates as the normative foundation of most discussions of race. Legal educators often overlook the role of whiteness in the law school setting and in law more generally. Identifying and understanding whiteness should be an essential component of legal education. This Article considers reasons why legal education... 2008 Yes
Michael Hendrick The Privilege of Being White 1 the crit: a Critical Studies Journal 156 (2008) One belief that many white Americans share is that they are self- made. The ability to pull oneself up by the bootstraps is an American ideal and many people believe that their own ability to do so is what differentiates themselves from others who are less successful. Often, race is implicated when people talk about another group not being able... 2008 Yes
Maurice R. Dyson When Government Is a Passive Participant in Private Discrimination: a Critical Look at White Privilege & the Tacit Return to Interposition in Pics V. Seattle School District 40 University of Toledo Law Review 145 (Fall 2008) THIS article disputes Samuel Estreicher's non-preference neutrality theory regarding the Supreme Court's approach to tiebreaker cases. Estreicher's theory is that the Court is concerned merely with the neutral distribution--and withholding--of governmental benefits on the basis of race and ethnicity. This article argues that the Court's... 2008 Yes
Daniel Aaron Rochmes Blinded by the White: Latino School Desegregation and the Insidious Allure of Whiteness 13 Texas Hispanic Journal of Law and Policy 7 (Spring 2007) Introduction. 8 I. History of Latino School Segregation. 9 II. Latino Desegregation Lawsuits (Becoming White). 11 A. Salvatierra: The Fight Begins. 11 B. Mendez: Making History. 12 C. Delgado: Squeezing Water from the Rock. 14 III. The Whiteness Straitjacket. 15 A. Jury Discrimination. 15 B. School Integration . 18 IV. Critical White Studies... 2007 Yes
John Tehranian Compulsory Whiteness: Towards a Middle Eastern Legal Scholarship 82 Indiana Law Journal L.J. 1 (Winter, 2007) Some time ago, I was on the teaching market and I received an invitation to give a job talk at a law school. I flew to the school, enjoyed a pleasant day of meetings with the faculty, and received strong indications of support for my candidacy. I had been warned about the vagaries of the academic hiring process, so I naturally took this signal with... 2007 Yes
George A. Martínez Immigration and the Meaning of United States Citizenship: Whiteness and Assimilation 46 Washburn Law Journal 335 (Winter 2007) At the outset of the twenty-first century, United States immigration policy has become one of the most pressing issues of our time. In recent years, we have witnessed, among other things, calls for dramatically restricting immigration in light of an alleged threat to American national identity, increased border enforcement associated with thousands... 2007 Yes
Marc Simon Rodriguez More than Whiteness: Comparative Perspectives on Mexican American Citizenship from Law and History 18 Berkeley La Raza Law Journal 79 (2007) . . . the Mexicans are a treacherous race, and have too much Indian blood in them to be trusted, however peaceable they may seem. He tried to intellectualize my blackness To make it easier for his whiteness Persons of Mexican ancestry have always been a problem for those seeking to establish a bright line in the history of race in the United... 2007 Yes
Ezra Rosser Obligations of Privilege 32 New York University Review of Law and Social Change Change 1 (2007) Abstract Little attention is paid to the nature of the high incomes of the rich or to the legal and norm-based obligations the rich owe society. This popular and scholarly inattention reflects the general acceptance of the idea that the rich have earned their high incomes and owe society little. After considering income equations revealing... 2007 Yes
Michael Anthony Lawrence Second Amendment Incorporation Through the Fourteenth Amendment Privileges or Immunities and Due Process Clauses 72 Missouri Law Review Rev. 1 (Winter, 2007) The Second Amendment, alternately maligned over the years as the black sheep of the constitutional family and praised as a palladium of the liberties of a republic, should be recognized by the United States Supreme Court to apply to the several States through the Fourteenth Amendment privileges or immunities clause or, alternatively, through the... 2007 Yes
Judith A.M. Scully Seeing Color, Seeing Whiteness, Making Change: One Woman's Journey in Teaching Race and American Law 39 University of Toledo Law Review 59 (Fall 2007) TEACHING Race, Racism, and American Law is a very personal journey for both teachers and students. My purpose in writing this article is to share my experience teaching Race, Racism, and American Law on both a personal and academic level. Race is a crucial part of our history and identity and yet it is not commonly confronted in law school classes.... 2007 Yes
Ariela J. Gross The Caucasian Cloak: Mexican Americans and the Politics of Whiteness in the Twentieth-century Southwest 95 Georgetown Law Journal 337 (January, 2007) The history of Mexican Americans and Jim Crow in the Southwest suggests the danger of allowing state actors or private entities to discriminate on the basis of language or cultural practice. Race in the Southwest was produced through the practices of Jim Crow, which were not based explicitly on race, but rather on language and culture inextricably... 2007 Yes
Brant T. Lee The Devil in the Details: on Intelligent Design, Racial Conspiracy Theories, and the Theology of Whiteness 26 Quinnipiac Law Review 57 (2007) It is a central problem in the great American conversation about race to explain persistent racial inequality. The dominant narrative tells us that, historically, racial inequality was caused directly and simply, by explicit and intentional racial discrimination based on unreasoning race hatred. The paradigmatic examples are slavery and... 2007 Yes
Yoonjo J. Lee White Privilege or Blessing?: Standing to Sue as Non-targeted Bystanders of Racial Discrimination in Housing and Employment 28 Hamline Journal of Public Law and Policy 557 (Spring 2007) As elite judges summarily determine which interests are worthy of legal cognizance, they unsurprisingly embrace concerns that strike closest to home, sustaining harms that mirror the experiences and predilections of their own lives. In the early 1920's, in a forgotten portion of New York City, Paul was born to Italian immigrants. During that time... 2007 Yes
John A. Powell Dreaming of a Self Beyond Whiteness and Isolation 18 Washington University Journal of Law and Policy 13 (2005) We are all androgynous, not only because we are all born of a woman and impregnated by the seed of a man, but because each of us, helplessly and forever, contains the other--male in female, female in male, white in black and black in white. We are a part of each other. Many of my countrymen appear to find this fact exceedingly inconvenient and even... 2005 Yes
Barbara J. Flagg Foreword: Whiteness as Metaprivilege 18 Washington University Journal of Law and Policy 1 (2005) Whiteness is a social location of power, privilege, and prestige. It is a an invisible package of unearned assets. As an epistemological stance, it sometimes is an exercise in denial. Whiteness is an identity, a culture, and an often colonizing way of life that is largely invisible to Whites, though rarely to people of color. Whiteness also... 2005 Yes
Judy Scales-Trent Make-believe Families and Whiteness 18 Washington University Journal of Law and Policy 47 (2005) The only way you will understand this story is if I start out by telling you that there are six major ethnic groups in Senegal: Wolof, Sereer, Pular, Diola, Toucouleur, and Mandingue. And you need to know that my husband is Sereer. This story took place one afternoon as we were taking a very long car trip south from Dakar to Niodior, the fishing... 2005 Yes
Kate Kendell Race, Same-sex Marriage, and White Privilege: the Problem with Civil Rights Analogies 17 Yale Journal of Law & Feminism 133 (2005) February 2005 marked the one-year anniversary of what has been dubbed the Winter of Love. It has been impossible for me not to ruminate a bit on what was happening in San Francisco a year ago. There have been many moments when I have been very pleased that the National Center for Lesbian Rights is based in San Francisco. One of those moments was... 2005 Yes
Steven Harmon Wilson, Ph.D. Some Are Born White, Some Achieve Whiteness, and Some Have Whiteness Thrust upon Them: Mexican Americans and the Politics of Racial Classification in the Federal Judicial Bureaucracy, Twenty-five Years after Hernandez V. Texas 25 Chicano-Latino Law Review 201 (Spring 2005) This paper examines the problem of the racial and ethnic classification of Mexican Americans, and later, Hispanics, in terms of both self- and official identification, during the quarter-century after Hernandez v. Texas. The Hernandez case was the landmark 1954 decision in which the U.S. Supreme Court condemned the systematic exclusion of persons... 2005 Yes
Helen A. Moore Testing Whiteness: No Child or No School Left Behind? 18 Washington University Journal of Law and Policy 173 (2005) I began my study of schooling and critical pedagogy as a research assistant for a program called PRIME: Program Research in Multicultural Education. One of our challenges in the mid-1970s was to assist the Principal Investigator, Dr. Jane Mercer, in constructing educational materials for her role as an expert witness in Larry P. v. Riles. Through... 2005 Yes
Rebecca Tsosie The New Challenge to Native Identity: an Essay on "Indigeneity" and "Whiteness" 18 Washington University Journal of Law and Policy 55 (2005) It has never seemed controversial that Native peoples in the United States are indigenous. In fact, pow-wow pundits often joke that in the 1940s, Indians were classified by U.S. census takers as being of the Mongolian race, and then, by the 1960s, they had their own American Indian category, until the 1980s, when they became Native... 2005 Yes
Stephanie M. Wildman The Persistence of White Privilege 18 Washington University Journal of Law and Policy 245 (2005) Barbara Flagg published her landmark article, Was Blind, But Now I See, in 1993. The article, later developed into a book, named the common white tendency not to think about whiteness as the transparency phenomenon. As Flagg explained, white people have an option, every day, not to think of themselves in racial terms. In fact, whites appear to... 2005 Yes
Gerald Torres Understanding Patriarchy as an Expression of Whiteness: Insights from the Chicana Movement 18 Washington University Journal of Law and Policy 129 (2005) Katie Pace One of the arguments that Professor Guinier and I make in The Miner's Canary is that whiteness is a social and political category that groups (or individuals) inhabit. Whiteness is measured by distance from blackness. While this may seem like a binary construction, it is instead better understood as a continuum based on the historical... 2005 Yes
Thomas Ross Whiteness after 9/11 18 Washington University Journal of Law and Policy 223 (2005) Race is not a natural, self-evident, or timeless idea. It exists as a social construction. Its primary work is to express two parallel and intertwined conceptions--the inferiority of the non-White and the always corresponding superiority of the White race. If Blacks are lazy, Whites are implicitly industrious. If Blacks are prone to criminality,... 2005 Yes
John O. Calmore Whiteness as Audition and Blackness as Performance: Status Protest from the Margin 18 Washington University Journal of Law and Policy 99 (2005) Most talk by whites about equal opportunity seems to me now to be about equal opportunity to try to get into a position of dominance while denying that systems of dominance exist. -- Peggy McIntosh If race is something about which we dare not speak in polite social company, the same cannot be said of the viewing of race. How, or whether, blacks are... 2005 Yes
John O. Calmore Displacing the Common Sense Intrusion of Whiteness from Within and Without: "The Chicano Fight for Justice in East L.a." 92 California Law Review 1517 (October, 2004) Because I am a middle-aged, African American man, I have more than just a casual interest in advancing my understanding of racial inequality in this country. As I reach this golden age, I have learned that [t]he most dangerous time of life for a black man in America is middle age. Death rates for African American men exceed those for white men at... 2004 Yes
Stephanie M. Wildman Privilege, Gender, and the Fourteenth Amendment: Reclaiming Equal Protection of the Laws 13 Temple Political & Civil Rights Law Review 707 (Spring 2004) The Fourteenth Amendment to the United States Constitution states: No state shall . . . deny to any person within its jurisdiction the equal protection of the laws. In the wake of Grutter v. Bollinger and Gratz v. Bollinger, cases some have touted as the most important civil rights decisions of the last several decades, it is time to reexamine... 2004  
Brant T. Lee The Network Economic Effects of Whiteness 53 American University Law Review 1259 (August, 2004) Introduction 1260 I. White Network Economics: How Whiteness Works as a Network Standard 1267 A.Network Economics and Standards 1268 B.A Dominant Racial Standard 1270 C.Interoperability: Communication and Culture 1271 1.Verbal communication: language, dialect, and accent 1272 2.Culture 1276 3.Stereotypes 1278 4.In general 1280 II. The Persistence of... 2004 Yes
Amy Stuart Wells , Anita Tijerina Revilla , Jennifer Jellison Holme , Awo Korantemaa Atanda The Space Between School Desegregation Court Orders and Outcomes: the Struggle to Challenge White Privilege 90 Virginia Law Review 1721 (October, 2004) IN commemorating the fiftieth anniversary of Brown v. Board of Education, commentators have focused on two topics: the effect on jurisprudence of this landmark case, and where we are today in working toward equality in educational opportunities. For the most part, the discussion of the former has been laudatory. Some scholars, journalists, and... 2004 Yes
Clare Sheridan Another White Race: Mexican Americans and the Paradox of Whiteness in Jury Selection 21 Law and History Review 109 (Spring, 2003) Distinctions between citizens solely because of their ancestry are by their very nature odious to a free people whose institutions are founded upon the doctrine of equality. Hirabayashi v. U.S. In 1954, seventy-four years after the U.S. Supreme Court held that African Americans could not be banned from jury service by statute, and fifty-four years... 2003 Yes
Janis L. McDonald Looking in the Honest Mirror of Privilege: "Polite White" Reflections 12 Columbia Journal of Gender and Law 650 (2003) When I look in the honest mirror of white feminist legal scholarship I see reflected back at me a failure by those of us polite white feminists to seriously address the substantive critiques authored by women of color in the last twenty years. It is time to develop an agenda that does more than cite to the work of these important critiques. It is... 2003 Yes
Joseph R. Duncan, Jr. Privilege, Invisibility, and Religion: a Critique of the Privilege That Christianity Has Enjoyed in the United States 54 Alabama Law Review 617 (Winter 2003) If there is any fixed star in our constitutional constellation, it is that no official, high or petty, can prescribe what shall be orthodox in politics, nationalism, religion, or other matters of opinion or force citizens to confess by word or act their faith therein. --Justice Robert Jackson In the United States, Christians are privileged. Despite... 2003  
Jennifer R. Johnson Privileged Justice under Law: Reinforcement of Male Privilege by the Federal Judiciary Through the Lens of the Violence Against Women Act and U.s. V. Morrison 43 Santa Clara Law Review 1399 (2003) If Congress . . . enacted legislation that mandated an end to sexual discrimination, the Court would have to be less ambivalent. Every year in the United States, violence by men kills women in numbers equivalent to the lives lost in the terrorist attacks of September 11, 2001. In fact, three of four women in the United States will be victims of... 2003  
Ariela J. Gross Texas Mexicans and the Politics of Whiteness 21 Law and History Review 195 (Spring, 2003) These two fascinating articles seek to fill an important lacuna in the burgeoning literature on the legal construction of whiteness. While LatCrit theorists in the legal academy have urged civil rights scholars and race critics to transcend the black-white paradigm of U.S. race studies, the majority of legal histories of whiteness have focused on... 2003 Yes
Darren Lenard Hutchinson Unexplainable on Grounds Other than Race: the Inversion of Privilege and Subordination in Equal Protection Jurisprudence 2003 University of Illinois Law Review 615 (2003) In this article, Professor Darren Hutchinson contributes to the debate over the meaning of the Fourteenth Amendment's Equal Protection Clause by arguing that the Supreme Court has inverted its purpose and effect. Professor Hutchinson contends that the Court, in its judicial capacity, provides protection and judicial solicitude for privileged and... 2003 Yes
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